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- 42 U.S.C. Section 1981 (1)
- Affirmative action (1)
- Children (1)
- City of Richmond (1)
- Constitutional law (1)
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- Employment discrimination (1)
- Equal Protection Clause (1)
- Fair housing (1)
- Fourteenth Amendment (1)
- Fourteenth amendment (1)
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- Minority set-aside programs (1)
- National civil rights policy (1)
- Patterson v. McClean Credit Union (1)
- Poverty (1)
- Private employers (1)
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- Race-neutral model statute (1)
- Runyon v. McCrary (1)
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Articles 1 - 4 of 4
Full-Text Articles in Law
Litigating A Fair Housing Case In The 90'S, Kenneth J. Kowalski, Edward Kramer
Litigating A Fair Housing Case In The 90'S, Kenneth J. Kowalski, Edward Kramer
Law Faculty Articles and Essays
Recent statutory amendments to the Federal Fair Housing Act of 1968, 42 U.S.C. Sections 3601 et seq., will be the impetus for substantial litigation in this decade. The Fair Housing Amendments Act of 1988, which was enacted on September 13, 1988 and became effective on March 12, 1989, established new protected classes, created an administrative law judge system to enforce the law, and strengthened many of the original provisions of the Act. This article will review the Amendments, their impact on litigating a fair housing case, and recent case law in the area.
Reconstructing Section Five Of The Fourteenth Amendment To Assist Impoverished Children, James G. Wilson
Reconstructing Section Five Of The Fourteenth Amendment To Assist Impoverished Children, James G. Wilson
Law Faculty Articles and Essays
Liberal lawyers encounter grim alternatives caused by the Supreme Court's relentless shift to the right, particularly if they consider stare decisis a major constitutional value. They can attack specific decisions, demonstrating inconsistencies with prior cases, conclusory reasoning and/ or poor policy. They can use history, jurisprudence or even literature to make broad-based critiques of the Court's increasing callousness. They can propose counter-doctrine which is consistent with existing caselaw. The third response may appear quixotic, even naive, given the present Court. Nevertheless, exploration of progressive alternatives illuminates existing doctrine and provides potential openings if the Court ever decides to become more …
The Future Of Minority Set-Aside Programs After City Of Richmond, Judy Kerczewski Kranjc
The Future Of Minority Set-Aside Programs After City Of Richmond, Judy Kerczewski Kranjc
Cleveland State Law Review
One type of controversial affirmative action plan is the minority set-aside program. This Note will focus on the future of these plans in the wake of the recent Supreme Court decision, City of Richmond v. J.A. Croson Co. First, an examination of the background of affirmative action leading up to set-asides is in order. Second, this Note will analyze City of Richmond and the constitutional and social issues at stake, balancing whether minority set-asides are needed with the recognition that discrimination and lack of economic opportunity for minorities still exists in our society. Finally, the Note will examine several lower …
Runyon Reconsidered: The Future Of Section 1981 As A Basis For Employment Discrimination Claims, Barbara L. Kramer
Runyon Reconsidered: The Future Of Section 1981 As A Basis For Employment Discrimination Claims, Barbara L. Kramer
Cleveland State Law Review
On April 25, 1988, the Supreme Court ignited a controversy by announcing that it would reconsider' its ruling in Runyon v. McCrary, a landmark 1976 civil rights decision, in a case currently before the Court, Patterson v. McClean Credit Union. Runyon affirmed the right of certain minority groups to sue private entities for unlawful discrimination under 42 U.S.C. Section 1981. Patterson calls into question the origin of the present Section 1981. This Note discusses the elements of the controversy unleashed by the Court: the origin and operation of the present Section 1981 and its relation to Title VII of the …