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Articles 61 - 90 of 92
Full-Text Articles in Law
Bfoq: An Exception Becoming The Rule, Ronald J. James, Michael A. Alaimo
Bfoq: An Exception Becoming The Rule, Ronald J. James, Michael A. Alaimo
Cleveland State Law Review
Recent court decisions interpreting section 4(f)1 of the Age Discrimination in Employment Act and defining bona fide occupational qualification (BFOQ) exemptions have done little to promote employment of or prohibit discrimination against older Americans. Nor have the decisions helped employers or workers understand applicable BFOQ standards. In essence, recent court decisions have so distorted the BFOQ exemption as to gut the lofty intent of the law set forth in the preamble. It is the purpose of this article to examine these recent court decisions, to assess the court's misapplication of their own historic BFOQ test, and to attempt to probe …
Urban Housing Finance And The Redlining Controversy, Daniel F. Reidy
Urban Housing Finance And The Redlining Controversy, Daniel F. Reidy
Cleveland State Law Review
This note will focus upon three basic issues raised by the redlining controversy: first, whether or not redlining is in fact occurring; second, the role of government through legislation and regulatory agencies; third, emerging areas of litigation.
The Reach Of 42 U.S.C. 1985(3): Sex Discrimination As A Gauge, Kevin E. Irwin
The Reach Of 42 U.S.C. 1985(3): Sex Discrimination As A Gauge, Kevin E. Irwin
Cleveland State Law Review
In 1971 the United States Supreme Court held in Griffin v. Breckenridge that 42 U.S.C. § 1985(3) could be used against private citizens who conspired to deprive others of their civil rights. The Supreme Court found that Congress had originally intended for the statute to reach the actions of private citizens, and that Congress had the authority to reach such activity under the thirteenth amendment and the constitutionally protected right to travel. In so holding, however, the Court offered no indication of how future claims arising under the statute would be adjudicated in fact situations unlike the unique one encountered …
Civil Rights By Default, Barbara Kaye Besser, Charles Guerrier
Civil Rights By Default, Barbara Kaye Besser, Charles Guerrier
Cleveland State Law Review
It is the intention of this article to discuss the existing devices available to the Ohio Civil Rights Commission to compel a respondent to provide the relevant factual information requested; to point out the inadequacies of these procedures; and to propose an additional method to effectuate a speedy resolution of the controversies before the Ohio Civil Rights Commission.
O'Connor V. Donaldson: The Death Of The Quid Pro Quo Argument For A Right To Treatment, Thomas P. Bliss
O'Connor V. Donaldson: The Death Of The Quid Pro Quo Argument For A Right To Treatment, Thomas P. Bliss
Cleveland State Law Review
On June 26, 1975, the Supreme Court was confronted with the controversial issue of whether there is a constitutionally guaranteed right to treatment for nondangerous persons who have been involuntarily and civilly committed to mental institutions. The Court avoided this long advocated issue and created the potential for future litigation by holding that a state cannot constitutionally confine a nondangerous individual solely for custodial care if such person can live safely in the outside world, without a finding of more than mere mental illness. This comment will discuss the decision in terms of the most volatile and frequently urged constitutional …
Forest City Enterprises, Inc. V. City Of Eastlake: Zoning Referenda And Exclusionary Zoning, Frank J. Kundrat Jr., Stephen Bond
Forest City Enterprises, Inc. V. City Of Eastlake: Zoning Referenda And Exclusionary Zoning, Frank J. Kundrat Jr., Stephen Bond
Cleveland State Law Review
In the recent Ohio Supreme Court decision of Forest City Enterprises, Inc. v. City of Eastlake, the court stated a new principle of law in the area of referendum zoning: A municipal charter provision, which requires that any ordinance changing land use be ratified by the voters in a city-wide election, constitutes an unlawful delegation of legislative power, in violation of the due process clause of the Fourteenth Amendment to the United States Constitution. The court was, however, far from convincing either in terms of distinguishing the prior law of referendum zoning or in demonstrating the applicability of their conclusion …
Pioneering Approaches To Confront Sex Bias In Housing, Betsey Friedman
Pioneering Approaches To Confront Sex Bias In Housing, Betsey Friedman
Cleveland State Law Review
This Note will be a national review of the past experiences with and potential action in the area of sex discrimination in residential real estate transactions. Emphasis will be on sex discrimination in the rental of real property, with a brief review of the more commonly acknowledged problem of credit discrimination in home sale financing. The present suitability of available state remedies will be discussed, with an analysis of the charges filed. And, the emergence of Fair Housing Act racial litigation will be explored, with a view towards its application in sex discrimination housing cases.
Title Vii: An Overview Of Some Common Employer Pitfalls, Thomas C. Schrader
Title Vii: An Overview Of Some Common Employer Pitfalls, Thomas C. Schrader
Cleveland State Law Review
Titile VII of the Civil Rights Act of 1964 and other supporting acts and laws have established certain employment rights for the vast majority of employees throughout the United States, and the procedures for enforcing those rights. Substantial efforts have been made by federal and state agencies, as well as minority interest groups, to publicize the laws and their enforcement procedures. In 1974 it can be safely assumed that virtually all employees affected by the equal employment laws are familiar with their rights or, minim- ally, know where to obtain sufficient information to be fully apprised of those rights. Surprisingly, …
The Myth Of Reverse Race Discrimination: An Historical Perspective, Shirley E. Stewart
The Myth Of Reverse Race Discrimination: An Historical Perspective, Shirley E. Stewart
Cleveland State Law Review
This paper will analyze the competing considerations in America's struggle for true equality for all its people. The basic premise upon which the analysis will be made is that it is in the best interest of the country to achieve equality among the races, at every level of American society, as quickly as possible. This author views discrimination and the present effects of past discrimination, as experienced by black America, as an evil facing Americans of every color. The sooner this country can rid itself of the evil, the sooner it can be on its way to achieving a decent, …
Recent Developments In Equal Employment Opportunity Litigation, Howard R. Besser
Recent Developments In Equal Employment Opportunity Litigation, Howard R. Besser
Cleveland State Law Review
The 1964 Civil Rights Act, enacted on July 2nd of that year, represented an attempt by the federal government to deal with unlawful discrimination in many fields of endeavor, including housing, employment, public accommodations and facilities, federally assisted and federally funded programs, voting rights, etc. . . Title VII of that Act is specifically concerned with equal employment opportunity and creates the Equal Employment Opportunity Commission to carry out the functions of the law.
Trafficante V. Metropolitan Life Ins. Co. - White Ghetto Tenants - Standing To Protest Landlord's Rental Discrimination, Rosalee Chiara
Trafficante V. Metropolitan Life Ins. Co. - White Ghetto Tenants - Standing To Protest Landlord's Rental Discrimination, Rosalee Chiara
Cleveland State Law Review
The Supreme Court in Trafficante v. Metropolitan life Insurance Co. has held that tenants having standing under Tile VIII of the 1968 Civil Rights Act, 42 U.S.C. §3610(a), §3610(d) and 42 U.S.C. §19824 to sue their landlord for its alleged discriminatory rental practices.5 Plaintiffs, one black and one white, were tenants of an apartment complex in San Francisco whose tenant population of approximately 8,200 people was less than one percent black. The complaint alleged a variety of discriminatory rental practices directed toward non-white rental applicants and stated that plaintiffs had been injured in three respects. They claimed that they had …
Using Statistical Evidence To Enforce The Laws Against Discrimination, Kenneth Montlack
Using Statistical Evidence To Enforce The Laws Against Discrimination, Kenneth Montlack
Cleveland State Law Review
In actions brought under a variety of federal statutes barring racial discrimination, the federal judiciary has increasingly relied upon statistical evidence in determining the existence of unlawful discrimination. This article will seek to identify the nature and extent of such reliance on statistical evidence, discuss the reasons for the increasing use of statistical evidence, analyze the significance of the increase, and explore the potential for using statistical evidence in actions by the Ohio Civil Rights Commission.
Attacking Discrimination Through The Thirteenth Amendment, Avery S. Friedman
Attacking Discrimination Through The Thirteenth Amendment, Avery S. Friedman
Cleveland State Law Review
The inadequate avenues of direct relief available to those groups that have been discriminated against have been a cause of frustration and a source of alienation leading in certain instances to violence. The inability of our legal system to assure equal job opportunity has contravened the very essence of the thirteenth amendment of the United States Constitution prohibiting slavery.
Book Review, Avery S. Friedman
Book Review, Avery S. Friedman
Cleveland State Law Review
White Racism and the Law, Lois B. Moreland, Charles E. Merrill Publishing Co., 1970
Discrimination Against Women In Employment In Higher Education, Alan Miles Ruben, Betty J. Willis
Discrimination Against Women In Employment In Higher Education, Alan Miles Ruben, Betty J. Willis
Cleveland State Law Review
Having been forced to adjust the structure of academic governance and the design of the curriculum responsively to large-scale student protest, it now appears that universities will have to rework their traditional patterns for the appointment, compensation and promotion of faculty and administrative staff to satisfy the demands being made by the women's liberation movement for an end to sexist employment practices.
Women And The Equal Protection Clause, Eric R. Gilbertson
Women And The Equal Protection Clause, Eric R. Gilbertson
Cleveland State Law Review
The stance of the law in this respect, as with other social trends, has generally reflected the current attitudes that dominate the society it governs. Yet, as late as 1969, we still had judges on the appellate level taking judicial notice of the female's lesser capacity for sexual arousal, the sexual behavior of "the vast majority of women in a civilized society," and the "normal" behavior of a married woman in the presence of her husband in their bedroom;' all in a puritanically paternalistic fashion. This, and other absurd judicial pronouncements may have been what prompted one controversial attorney to …
The Constitution And The One-Sex College, Lizabeth A. Moody
The Constitution And The One-Sex College, Lizabeth A. Moody
Cleveland State Law Review
These cases bring into sharp focus the question whether the Constitution permits government-sponsored institutions of higher learning on the basis of sex. Such institutions have a lengthy history in this country and, during the early years of the Republic, were the rule rather than the exception. Tradition, however, is not the test of constitutional permissibility.
Effects Of Fair Housing Laws On Single Family Homes, Joseph C. Hunter
Effects Of Fair Housing Laws On Single Family Homes, Joseph C. Hunter
Cleveland State Law Review
In 1965 the 106th Ohio General Assembly passed Ohio's first fair housing law effective October 30, 1965. Doing so, the Ohio legislature extended the jurisdiction of the existing Ohio Civil Rights Commission to the field of housing. By excluding single and double owner-occupied residential dwellings, the 1965 law had a limited effect upon approximately fifty per cent of the housing in the state of Ohio. This paper will not deal with the unlawful practices involving lending institutions, restrictive covenants or blockbusting. Instead it will address itself to the administration of that portion of Chapter 4112 of the Ohio Revised Code …
Damages In Housing Discrimination Cases, James A. Ciocia
Damages In Housing Discrimination Cases, James A. Ciocia
Cleveland State Law Review
The existance of a shortage of adequate housing in the United States has further intensified the problems of those who suffer most when there is a shortage of anything-the minority groups. ... Contributing to the awareness of the public is the salient fact that within the last ten years there has been a consistent increase in the number of court cases dealing with housing discrimination. The scope of these cases has expanded from what had been a broad interpretation of public accommodation statutes to the award of damages, both compensatory and punitive, for private acts of discrimination which allegedly precipitated …
Book Review, James B. Boskey
Book Review, James B. Boskey
Cleveland State Law Review
Reviewing Albert P. Blaustein and Robert L. Zangrando, Civil Rights and the American Negro: A Documentary History, Trident Press, 1968
Third Party Plaintiffs In Civil Rights Damage Actions, Robert M. Didrick
Third Party Plaintiffs In Civil Rights Damage Actions, Robert M. Didrick
Cleveland State Law Review
This article will discuss the question of whether third parties may bring an action for damages against those who deprive another of his civil rights. The related question, resulting from the second cause of action in the Napolitano case, of whether one may recover for the mental anguish caused by the denial of another's civil rights will also be considered. Although the question is concerned with damage actions, cases in which injunctive relief was asked are helpful in studying the principle involved. Relief has been granted in these cases much more readily than in damage actions, possibly because the equitable …
Judicial Intervention As A Psychiatric Therapy Tool, Eleanor A. Blackley
Judicial Intervention As A Psychiatric Therapy Tool, Eleanor A. Blackley
Cleveland State Law Review
Commitment to a mental institution by itself does not, in all states, suspend civil rights. The court psychiatric unit is an early outpost of a preventive, coordinative venture which gives, at long last, practical humane expression to protection of and consideration for the civil rights of the mentally ill adult involuntary patient whose condition obstructs his capacity to demand such safeguards himself. Persons suffering from mental disorders are frequently too disabled to claim their civil rights themselves.
Book Review, Elliott A. Cohen
Book Review, Elliott A. Cohen
Cleveland State Law Review
Reviewing Vern Countryman, ed., Discrimination and the Law, University of Chicago Press, 1965
Damages For Mental Suffering In Discrimination Cases, John E. Duda
Damages For Mental Suffering In Discrimination Cases, John E. Duda
Cleveland State Law Review
This article explores the legal basis for an award of damages for mental suffering caused by unlawful racial discrimination. It necessarily includes religious and nationality discrimination,since these three areas are intertwined in the law. For the most part, the legal principles are applicable alike to all three forms of discrimination. Mental suffering is treated as an element of compensatory damages on the theory that the purpose of such an award is to compensate the claimant for his loss and not necessarily to penalize the discriminator. Punishment enters the analysis only to the extent that the prevailing legal rules governing damage …
Exclusion And Expulsion From Non-Profit Organizations - The Civil Rights Aspect, Robert S. Pasley
Exclusion And Expulsion From Non-Profit Organizations - The Civil Rights Aspect, Robert S. Pasley
Cleveland State Law Review
To what extent do voluntary non-profit associations have the right (a) to deny admission to membership, and (b) to expel existing members? Space does not permit discussion of all the ramifications of these two questions and some limitation of scope becomes necessary. The theme selected has been the "civil rights" aspect of the problem; more specifically, the right, in certain areas, to be protected against racial and religious discrimination, and the privilege to exercise the ordinary rights of citizenship, such as the right of free speech, of petition, of voting, of resort to the courts, and to employment.
Deportation Law And The Social Interest, George Liviola Jr.
Deportation Law And The Social Interest, George Liviola Jr.
Cleveland State Law Review
Fundamental civil and humanitarian rights are being denied to individuals in the United States because American courts cling to stare decisis in denaturalization and deportation proceedings. This article concerns itself with an examination of this policy, its history, progress, effect and possible reform.
One Century After The Emancipation Proclamation, Wilson G. Stapleton
One Century After The Emancipation Proclamation, Wilson G. Stapleton
Cleveland State Law Review
On January 1st, 1863, Abraham Lincoln, then President of the United States, dedicated to the proposition that a nation could not exist and reach its rightful place in the sun, half slave and half free, issued the Emancipation Proclamation, which declared in essence that as a matter of law all peoples in these United States of America were forever free. Yet over these last one hundred years there have been many times when these emancipated peoples and their freeborn descendants must have felt, and oftentimes still feel, that they are like to the legendary Sisyphus who was condemned to the …
Civil Rights Of The Mentally Ill In Ohio, Robert L. Tuma
Civil Rights Of The Mentally Ill In Ohio, Robert L. Tuma
Cleveland State Law Review
Mental illness is principally a medical problem, but there are basic legal considerations to be observed, and these considerations should not be impatiently brushed aside as "mere technicalities" of legal procedure. On the other hand, legal provisions relating to hospitalization of mental patients should be viewed by legislators, lawyers, and judicial officials as mechanism for prompt and effective care and treatment, for safeguarding civil rights, and for protecting the community. All these aspects are important and undue concern for one aspect should not work to the detriment of the others. Moreover, in actual practice, no legal provision should defeat the …
Freedom Of Assembly And Racial Demonstrations, Richard W. Ervin
Freedom Of Assembly And Racial Demonstrations, Richard W. Ervin
Cleveland State Law Review
We have chosen to discuss and undertake to determine the precise point at which an assemblage of persons engaged in a racial demonstration loses constitutional protection and becomes instead an unlawful assembly, punishable as such under the common law or under state statutes or ordinances which embody the common law. To accomplish this purpose, we shall first attempt to define the crime of "unlawful assembly"; then we shall discuss breach of the peace because it is so intimately connected with the offense of unlawful assembly. This article will conclude with examples of situations in which racial demonstrations are, or are …
Civil Rights And Mental Hospital Administration, Ewing H. Crawfis
Civil Rights And Mental Hospital Administration, Ewing H. Crawfis
Cleveland State Law Review
Let us start our discussion by indicating a frame of reference for the comments we wish to give about civil rights. Our discussion will relate primarily to patients, who have been hospitalized for the observation and treatment of mental illness. It is also based on the statutes in Ohio and on the practice in the courts and more especially in the receiving hospitals and state hospitals in Ohio. The receiving hospitals admit a high percentage of voluntary patients, whereas the state hospitals admit patients who have been committed.