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Articles 31 - 48 of 48
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Employment Discrimination And Presidential Immunity Cases, Eileen Kaufman
Employment Discrimination And Presidential Immunity Cases, Eileen Kaufman
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No abstract provided.
The Tragedy Of Hong Kong, Richard Klein
The Tragedy Of Hong Kong, Richard Klein
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While the world watched the fireworks and celebrations occurring in Hong Kong on July 1, 1997, a far sadder event was, in fact, unfolding. The people of Hong Kong, most of whom had originally fled from China -- the country which was now taking over -- have simply never experienced the basic human right of self-determination. Rule was shifting from a colonial power which had denied the people of Hong Kong their basic human rights for virtually all of its 155-year administration, to a country which, immediately upon assuming sovereignty, made it clear that democracy would remain but a dream.
Employment Discrimination: Recent Developments In The Supreme Court (Symposium: The Supreme Court And Local Government Law, 1993-1994 Term), Eileen Kaufman
Employment Discrimination: Recent Developments In The Supreme Court (Symposium: The Supreme Court And Local Government Law, 1993-1994 Term), Eileen Kaufman
Scholarly Works
No abstract provided.
Punitive Damages--Developments In Section 1983 Cases, Eileen Kaufman, Martin A. Schwartz
Punitive Damages--Developments In Section 1983 Cases, Eileen Kaufman, Martin A. Schwartz
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No abstract provided.
Fairness And Finality: Third-Party Challenges To Employment Discrimination Consent Decrees After The 1991 Civil Rights Act, Marjorie A. Silver
Fairness And Finality: Third-Party Challenges To Employment Discrimination Consent Decrees After The 1991 Civil Rights Act, Marjorie A. Silver
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In this Article, Professor Silver examines Section 108 of the Civil Rights Act of 1991, which limits challenges to employment practices taken pursuant to employment discrimination consent decreea The Article traces the development of the impermissible collateral attack doctrine, that doctrine's demise in Martin v. Wilks, and Congress' response to Martin as embodied in Section 108. Professor Silver also suggests ways in which Section 108 should be administered to comply with the Due Process Clause and argues for specific additional federal legislation to protect non-litigants or potential third-party challengers as well as to foster the utility and finality of legitimate …
Credulous Courts And The Tortured Trilogy: The Improper Use Of Summary Judgment In Title Vii And Adea Cases, Ann C. Mcginley
Credulous Courts And The Tortured Trilogy: The Improper Use Of Summary Judgment In Title Vii And Adea Cases, Ann C. Mcginley
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Civil rights are under siege. In mid-1989, the United States Supreme Court decided several cases that severely limit the civil rights claims and remedies available to a plaintiff claiming employment discrimination. This Article examines the gradual and continuing erosion of the factfinder's role in federal employment discrimination cases and its replacement by an increasing use of summary judgment through which the courts make pretrial determinations formerly reserved for the factfinder at trial. This trend not only represents a major shift in court procedure and, in the case of age discrimination claims, a transfer of power from juries to judges, but …
A Civil Rights Agenda For The Year 2000: Confessions Of An Identity Politician, Fran Ansley
A Civil Rights Agenda For The Year 2000: Confessions Of An Identity Politician, Fran Ansley
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No abstract provided.
Section 1983, Martin A. Schwartz, George Pratt, Leon Friedman
Section 1983, Martin A. Schwartz, George Pratt, Leon Friedman
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No abstract provided.
In Lieu Of Preclusion: Reconciling Administrative Decisionmaking And Federal Civil Rights Claims, Marjorie A. Silver
In Lieu Of Preclusion: Reconciling Administrative Decisionmaking And Federal Civil Rights Claims, Marjorie A. Silver
Scholarly Works
No abstract provided.
Patterson And Civil Rights: What Rough Beast Slouches Towards Bethlehem To Be Born?, Peter Brandon Bayer
Patterson And Civil Rights: What Rough Beast Slouches Towards Bethlehem To Be Born?, Peter Brandon Bayer
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Contrary to its assertions, the U.S. Supreme Court’s decision in Patterson decision marks a stark departure from the federal courts' former practice of according Congressional civil rights enactments a broad reading to effectuate their remedial purposes. Indeed, Patterson offers an exceedingly narrow interpretation of this nation's oldest civil rights law, the Civil Rights Act of 1866.
In addition to its effect on the scope and application of § 1981, Patterson must be read in conjunction with several other decisions issued during the same term that limit—indeed retreat from—the application of civil rights laws designed to restore both lost opportunities and …
Civil Rights In Employment: The New Generation, Linda H. Edwards
Civil Rights In Employment: The New Generation, Linda H. Edwards
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In July 1989, Title VII was twenty-five years old. It is generally assumed that the first twenty-five years have seen significant changes in the economic opportunities available to America’s minorities and women. But with the rise to power of the Reagan appointees, the Supreme Court is clearly fashioning a new approach to issues of civil rights in employment. This article analyzes the new Court’s emerging themes and proposes a congressional response.
Evening The Odds: The Case For Attorneys' Fee Awards For Administrative Resolution Of Title Vi And Title Vii Disputes, Marjorie A. Silver
Evening The Odds: The Case For Attorneys' Fee Awards For Administrative Resolution Of Title Vi And Title Vii Disputes, Marjorie A. Silver
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In this Article Professor Silver addresses the shifting of attorneys' fees in administratively resolved claims under Titles VI and VII of the Civil Rights Act of 1964. Professor Silver begins by establishing Congress' commitment to provide informal methods for resolving disputes under these statutes and its intent to use fee-shifting provisions as a means of inducing effective access to counsel. She then discusses the United States Supreme Court's decision in North Carolina Department of Transportation v. Crest Street Community Council, Inc. and contrasts its reasoning with two earlier Court decisions dealing with administrative proceedings and attorneys' fees. Professor Silver argues …
After The Fall: The Employer's Duty To Accommodate Employee Religious Practices Under Title Vii After Ansonia Board Of Education V. Philbrook, Peter Zablotsky
After The Fall: The Employer's Duty To Accommodate Employee Religious Practices Under Title Vii After Ansonia Board Of Education V. Philbrook, Peter Zablotsky
Scholarly Works
No abstract provided.
Watson V. Ft. Worth Bank And Trust: The Changing Face Of Disparate Impact, Linda H. Edwards
Watson V. Ft. Worth Bank And Trust: The Changing Face Of Disparate Impact, Linda H. Edwards
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Title VII of the Civil Rights Act of 1964 constitutes this country’s first serious commitment to eradicating the enormous economic disadvantages caused by hundreds of years of racial and gender-related prejudice. But there is also cause for concern. While members of once excluded groups have entered the mid-level workforce, most have not progressed to top-level positions. Perhaps not surprisingly, the elimination of barriers to mid-level employment has spotlighted the unique barriers to equal employment in top-level jobs. Title VII’s capacity to deal effectively with these barriers will be its major challenge for the next quarter-century. Its success will depend, in …
The Preiser Puzzle: Continued Frustrating Conflict Between The Civil Rights And Habeas Corpus Remedies For State Prisoners, Martin A. Schwartz
The Preiser Puzzle: Continued Frustrating Conflict Between The Civil Rights And Habeas Corpus Remedies For State Prisoners, Martin A. Schwartz
Scholarly Works
No abstract provided.
Rationality - And The Irrational Underinclusiveness Of The Civil Rights Laws, Peter Brandon Bayer
Rationality - And The Irrational Underinclusiveness Of The Civil Rights Laws, Peter Brandon Bayer
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Congress has enacted a series of civil rights laws designed to protect individuals from public an private forms of irrational discrimination. To be lawful, such civil rights statutes must conform with the definition of rationality required by the Fifth and Fourteenth Amendments. Yet, in one fashion, these statutes are as irrational as the behavior they seek to control. The statutes protect only certain classes of individuals in limited instances. This article argues that the existing civil rights laws, although integral to a free society, are but a first step. The statute will never be fully rational, never completely fair, until …
Stirring The Ashes: Race Class And The Future Of Civil Rights Scholarship, Fran Ansley
Stirring The Ashes: Race Class And The Future Of Civil Rights Scholarship, Fran Ansley
Scholarly Works
No abstract provided.
The Uses And Abuses Of Informal Procedures In Federal Civil Rights Enforcement, Marjorie A. Silver
The Uses And Abuses Of Informal Procedures In Federal Civil Rights Enforcement, Marjorie A. Silver
Scholarly Works
No abstract provided.