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Selected Works

Civil Rights and Discrimination

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Articles 1291 - 1310 of 1310

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George Bush's America Meets Dante's Inferno: The Americans With Disabilities Act In Prison, Ira P. Robbins Dec 1995

George Bush's America Meets Dante's Inferno: The Americans With Disabilities Act In Prison, Ira P. Robbins

Ira P. Robbins

Introduction: The conditions in America's correctional facilities have long been cause for concern. Even those who do not advocate a comfortable quality of life for inmates recognize that basic problems such as overcrowding, inmate violence,' inadequate staffing,2 and increasing costs of building and maintaining prisons have approached crisis levels. Meanwhile, the prison population continues to swell. According to the Bureau of Justice Statistics of the United States Department of Justice, the number of prisoners incarcerated at state and federal prisons annually has grown at a rate of 8.4% in recent years.'

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Race And Gender Discrimination In Bargaining For A New Car, Ian Ayres, Peter Siegelman Dec 1994

Race And Gender Discrimination In Bargaining For A New Car, Ian Ayres, Peter Siegelman

Peter Siegelman

No abstract provided.

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Rediscovering The Constitution, Jack Tsen-Ta Lee Dec 1994

Rediscovering The Constitution, Jack Tsen-Ta Lee

Jack Tsen-Ta LEE

The fundamental liberties in our Constitution involve a study of tensions: between an individual's rights and the community's interests, between the role of the judiciary on the one hand and the executive and legislature on the other. How we should interpret them depends on where we think equilibrium should be established. This depends on two main factors. The first is the proper function of the judiciary as laid down by our Constitution, which is discussed in Part I of this article. The second is the nature of our fundamental liberties, for they are worded with varying degrees of generality. ... …

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Equal Protection And Sexual Orientation, Jack Tsen-Ta Lee Dec 1994

Equal Protection And Sexual Orientation, Jack Tsen-Ta Lee

Jack Tsen-Ta LEE

Equality is the thread running through the fundamental liberties enshrined in our Constitution. ... Equality, expressed in Art 12 of the [Singapore] Constitution, is also a specific right enforceable by the court. The difficulty comes in applying this deceptively simple concept to real-life situations. ... In considering the validity of legislation, Singapore and Malaysian courts have generally favored rational review, a modest conception of equal protection, unlike their American counterparts which have adopted a more expansive reading in the form of strict and intermediate review. This article examines how these three levels of equal protection review operate, and argues that …

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Foreword: The Jurisprudence Of Reconstruction, Angela Harris Dec 1993

Foreword: The Jurisprudence Of Reconstruction, Angela Harris

Angela P Harris

No abstract provided.

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Shaky Grounds: The Case Against The Case Against Antidiscrimination Laws [Review Essay On Richard Epstein, Forbidden Grounds], Peter Siegelman Dec 1993

Shaky Grounds: The Case Against The Case Against Antidiscrimination Laws [Review Essay On Richard Epstein, Forbidden Grounds], Peter Siegelman

Peter Siegelman

No abstract provided.

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A Moral Justification For Gay And Lesbian Civil Rights Legislation, Vincent Samar Dec 1993

A Moral Justification For Gay And Lesbian Civil Rights Legislation, Vincent Samar

Vincent Samar

This essay explores, in two parts, the problems of justifying civil rights legislation for gays, lesbians, and bisexuals. Part I shows that discrimination against gays and lesbians at least in respect to employment, housing, and public accommodations is an evil unsupported by ethical traditions in utilitarianism, rights theory, and communitarianism. It also shows that two theories, Kantian theory and natural law theory, which do support such discrimination on the claim that homoerotic behavior is universally or objectively immoral only do so because of a failure to make precise the concept of "natural" which underlies those theories. Part II argues that …

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Law And Macroeconomics: Employment Discrimination Litigation Over The Business Cycle, John Donohue, Peter Siegelman Dec 1992

Law And Macroeconomics: Employment Discrimination Litigation Over The Business Cycle, John Donohue, Peter Siegelman

Peter Siegelman

No abstract provided.

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The Urban Institute Audit Studies: Their Methods And Findings, James Heckman, Peter Siegelman Dec 1992

The Urban Institute Audit Studies: Their Methods And Findings, James Heckman, Peter Siegelman

Peter Siegelman

No abstract provided.

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"A(Nother) Critique Of Pure Reason": Toward Civic Virtue In Legal Education, Angela P. Harris, Marjorie Shultz Dec 1992

"A(Nother) Critique Of Pure Reason": Toward Civic Virtue In Legal Education, Angela P. Harris, Marjorie Shultz

Angela P Harris

No abstract provided.

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"A(Nother) Critique Of Pure Reason": Toward Civic Virtue In Legal Education, Angela P. Harris, Marjorie Shultz Dec 1992

"A(Nother) Critique Of Pure Reason": Toward Civic Virtue In Legal Education, Angela P. Harris, Marjorie Shultz

Marjorie M. Shultz

No abstract provided.

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The Changing Nature Of Employment Discrimination Litigation, John Donohue, Peter Siegelman Dec 1990

The Changing Nature Of Employment Discrimination Litigation, John Donohue, Peter Siegelman

Peter Siegelman

No abstract provided.

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On Doing The Right Thing: Education Work In The Academy, Angela P. Harris Dec 1990

On Doing The Right Thing: Education Work In The Academy, Angela P. Harris

Angela P Harris

No abstract provided.

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Race And Essentialism In Feminist Legal Theory, Angela P. Harris Dec 1989

Race And Essentialism In Feminist Legal Theory, Angela P. Harris

Angela P Harris

No abstract provided.

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Proving Discrimination After Price Waterhouse And Wards Cove.Pdf, Candace Kovacic-Fleischer Dec 1989

Proving Discrimination After Price Waterhouse And Wards Cove.Pdf, Candace Kovacic-Fleischer

Candace Kovacic-Fleischer

INTRODUCTION Anyone involved in litigation under Title VII of the Civil Rights Act of 19641 or similar state statutes may wonder what is entailed in proving or disproving discrimination after the United States Supreme Court's October 1988 Term. In fact, in the pending Civil Rights Act of 1990, Congress is considering reversing some of what the Supreme Court did during that Term. One of the issues that the Supreme Court addressed during the 1988 Term involved allocating burdens of proof in two major types of Title VII claims, dis- parate-treatment and disparate-impact. Price Waterhouse v. Hopkins, dealt with a disparate-treatment …

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Privatization Of Prisons: An Analysis Of The State Action Requirement Of The Fourteenth Amendment And 42 U.S.C. § 1983, Ira P. Robbins Dec 1987

Privatization Of Prisons: An Analysis Of The State Action Requirement Of The Fourteenth Amendment And 42 U.S.C. § 1983, Ira P. Robbins

Ira P. Robbins

Introduction: The privatization of prisons raises important issues with respect to liability in suits brought by inmates. If a private company operates the prison, the state likely will be directly involved in some aspects of prison life, such as using force when necessary or making quasi-judicial decisions, but it may not be directly involved in the day-to-day operation of the institution. This dichotomy of involvement may lead to con- fusion over responsibility and accountability when a violation of rights is alleged to have occurred. When a private party, as opposed to a government employee, is charged with abridging rights guaranteed …

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Review Of Sowell "Civil Rights: Rhetoric Or Reality?", Stephen D. Sugarman Dec 1984

Review Of Sowell "Civil Rights: Rhetoric Or Reality?", Stephen D. Sugarman

Stephen D Sugarman

No abstract provided.

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Pennhurst As A Source Of Defenses For State And Local Governments, George D. Brown Dec 1981

Pennhurst As A Source Of Defenses For State And Local Governments, George D. Brown

George D. Brown

No abstract provided.

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The New Model Rules Of Professional Conduct: Lawyer-Client Decision Making And The Role Of Rules In Structuring The Lawyer-Client Dialogue, Mark Spiegel Dec 1979

The New Model Rules Of Professional Conduct: Lawyer-Client Decision Making And The Role Of Rules In Structuring The Lawyer-Client Dialogue, Mark Spiegel

Mark Spiegel

No abstract provided.

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Preferences In Public Employment, Robert G. Vaughn Dec 1975

Preferences In Public Employment, Robert G. Vaughn

Robert G. Vaughn

INTRODUCTION: Open and competitive examination is generally perceived as the surest method of ensuring that public employees are selected on the basis of their merit and ability. Since the Pendleton Act of 1883, legislation has continually attempted to implement the view that efficient and impartial public sector employment requires that qualifications be demonstrated in an objective examination. But blacks, women and other minorities have been systematically excluded from public employment. This exclusion has resulted not only from bias in the examination, but also from other less visible aspects of the appointment process which supplant strict merit selection.

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