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Articles 91 - 120 of 166
Full-Text Articles in Law
How The Supreme Court's Reiteration Of Sexual Harassment Standards Affirmed In Faragher And Ellerth Would Have Led To Jones' Survival In Jones V. Clinton, Moira Mcandrew
Cleveland State Law Review
This note demonstrates that a cognizable claim of sexual harassment may be predicated on a severe, yet isolated episode of sexual harassment. In this inquiry, we will look to other Supreme Court and Appellate Court decisions regarding sexual harassment law to support the conclusion that a single incident of sexual harassment can constitute an actionable hostile work environment claim. Part II traces the background of sexual harassment law, including what constitutes actionable discrimination and the applicable standards of a hostile work environment claim. Part III outlines the Supreme Court's analysis of actionable employment discrimination based on sexual harassment under Title …
Genetic Technology And Its Impact On Culpability For Criminal Actions , Marcia Johnson
Genetic Technology And Its Impact On Culpability For Criminal Actions , Marcia Johnson
Cleveland State Law Review
This article addresses only one issue, one which our judicial system ultimately must address: the criminal responsibility one will bear for committing a crime when the actions are determined by the actor's genetic make-up. Part I of the article traces the roots of genetic research from Darwinism to eugenics and Nazi racial purity theories. Part II reviews theories and studies which support the concept of genetic influence on social, particularly criminal, behavior. Part III considers the impact of the genetic revolution on our criminal justice system with special emphasis on the effect on our system's fundamental concept of free will. …
Threshold Barriers To Title 1 And Title Iii Of The Americans With Disabilities Act: Discrimination Against Mental Illness In Long-Term Disability Benefits, Nancy Lee Firak
Journal of Law and Health
Any discussion of the ADA presents an organizational challenge not only because of the complex structure of the Act itself, but also because the ADA implicates other complex federal remedial schemes such as the Employee Retirement Income Security Act (ERISA) and the Rehabilitation Act. The social policy implications of the issues under discussion in this article are complex and at times even contradictory, as is perhaps unavoidable. Part II outlines a typical case in which the employer provided inferior long-term disability benefits to those with mental disabilities. The purpose of Part II is to provide the reader with a map …
Spiritual Equality, The Black Codes, And The Americanization Of The Freedmen, David F. Forte
Spiritual Equality, The Black Codes, And The Americanization Of The Freedmen, David F. Forte
Law Faculty Articles and Essays
The notion of spiritual equality grew from the abolitionist movement - the precursor for the political ideology of the radical Republicans. The radical Republicans did not think one could achieve the acceptance of spiritual equality through forced material equality. [I]t was a religious revival that brought our country to confront the reality of slavery. It was a theological doctrine from which we derived our notion of equality in the Reconstruction Amendments. And in that era, the free-thinkers - the secularists of the age - were temporizers on the issue. They were simply of no use in the raising to liberty …
Adea Claimant Can Retain Severance Payments And Sue Former Employer, Susan J. Becker
Adea Claimant Can Retain Severance Payments And Sue Former Employer, Susan J. Becker
Law Faculty Articles and Essays
Former employees can maintain claims under the Age Discrimination in Employment Act (ADEA) without first repaying the consideration received for an invalid release of claims. The Supreme Court's pronouncement, Oubre v. Entergy Operations, Inc., 1988 U.S. Lexis 646 (Jan. 26, 1998), may change the way many employers negotiate and execute severance packages and settlements with terminated employees.
The Future Of Affirmative Action: The Legal Imperative Nationally And The Ohio Experience, Jack P. Desario, Thomas L. Colaluca, Gina A. Kuhlman
The Future Of Affirmative Action: The Legal Imperative Nationally And The Ohio Experience, Jack P. Desario, Thomas L. Colaluca, Gina A. Kuhlman
Cleveland State Law Review
This presentation of the legal future of affirmative action will be divided into five sections. The introductory material serves as a general introduction to the issues. The second section will review the origins and evolution of affirmative action. This section will also attempt to provide a definition of this complex concept. The third will provide a detailed analysis of Regents of the University of California v. Bakke. Bakke represents the Supreme Court's first attempt to resolve the legal complexities of affirmative action. The Court's holdings in Bakke have shaped the debate for over 20 years. The fourth segment of this …
The Parma Housing Racial Discrimination Remedy Revisited, W. Dennis Keating
The Parma Housing Racial Discrimination Remedy Revisited, W. Dennis Keating
Cleveland State Law Review
In 1980, the city of Parma, Ohio, Cleveland's largest suburban city was found guilty of violating the Fair Housing Act. Along with the Gautreaux, Mt. Laurel, and Yonkers cases, the Parma case represents a longstanding remedy aimed at eliminating a pattern and practice of municipal discrimination in housing. It raises the issue of how far courts and the federal judiciary in particular, are willing and able to go in order to address systematic patterns of housing segregation. This article reviews the original decision and its appeal, the implementation of the original remedy, and the more recent remedy and its prospects …
Book Review, S. Candice Hoke
Book Review, S. Candice Hoke
Law Faculty Articles and Essays
The author reviews Federalism and Rights by Ellis Katz and G. Alan Tarr and To Make a Nation: The Rediscovery of American Federalism by Samuel H. Beer.
The Parma Housing Racial Discrimination Remedy Revisited, W Dennis Keating
The Parma Housing Racial Discrimination Remedy Revisited, W Dennis Keating
Law Faculty Articles and Essays
In 1980, the city of Parma, Ohio, Cleveland's largest suburban city was found guilty of violating the Fair Housing Act. Federal District Court Judge Frank Battisti imposed an extensive remedy upon Parma. Upon approval by the Sixth Circuit of the imposed remedy, its implementation began in 1982. Controversy surrounded much of the remedy, and fourteen years later following Battisti's death, Federal District Court judge Kathleen O'Malley approved a new settlment aimed at ending the court's supervision of the modified remedy after another two years. Along with the Gautreaux, Mt. Laurel, and Yonkers cases, the Parma case represents a longstanding remedy …
Responsibilities Of Employers Toward Mentally Disabled Persons Under The Americans With Disabilities Act, Karin M. Mika, Denise Wimbiscus
Responsibilities Of Employers Toward Mentally Disabled Persons Under The Americans With Disabilities Act, Karin M. Mika, Denise Wimbiscus
Law Faculty Articles and Essays
This article discusses the standards of the American with Disabilities Act with respect to accommodating mental illness in the workplace. It argues that the ADA definitions are not precise enough in apprising employers of what their obligations are regarding mentally ill persons in the workplace. It additionally suggests revising the statue and regulations to achieve this goal.
Desegregation As A Two-Way Street: The Aftermath Of United States V. Fordice, Chaka M. Patterson
Desegregation As A Two-Way Street: The Aftermath Of United States V. Fordice, Chaka M. Patterson
Cleveland State Law Review
As a result of the problems encountered by these various proposals, I propose a plan of my own that preserves HBUs to the extent that they are desegregated along with the white institutions rather than just eliminated. In this way, the burdens of integration are shared in both communities by both sets of institutions. More specifically, with respect to higher education in Mississippi, I propose the following solution to address the current situation: first, Mississippi should close or merge some of the HWUs but not the HBUs for the reasons previously articulated and then adopt a two tier system of …
The Prevalence Of Social Science In Gay Rights Cases: The Synergistic Influences Of Historical Context, Justificatory Citation, And Dissemination Efforts, Patricia J. Falk
The Prevalence Of Social Science In Gay Rights Cases: The Synergistic Influences Of Historical Context, Justificatory Citation, And Dissemination Efforts, Patricia J. Falk
Law Faculty Articles and Essays
Disjunctive legal change is often accompanied by a period of frantic activity as the competing forces of stasis and evolution vie for domination. Nowhere is the battle for legal change likely to be more sharply joined than when the findings of modern science, in their varied and multifarious forms, are pitted directly against prevailing moral or societal precepts. One of the latest incarnations of this trend is the battle over the legal recognition of gay "rights." In recent history, the courts have been inundated by gay litigants seeking the rights and protections already afforded other discrete groups within society. In …
Section 1983 Litigation In The Ohio Courts: An Introduction For Ohio Lawyers And Judges, Steven H. Steinglass
Section 1983 Litigation In The Ohio Courts: An Introduction For Ohio Lawyers And Judges, Steven H. Steinglass
Law Faculty Articles and Essays
This review of § 1983 litigation in the Ohio courts has three principal goals. First, it provides an introduction to state court § 1983 litigation for Ohio lawyers and judges. Commentators have recognized the importance of state court § 1983 litigation, and the Supreme Court has begun to pay greater attention to state court § 1983 cases. Nonetheless, most § 1983 materials focus on the federal courts. Moreover, the few works addressing litigation of § 1983 claims in state courts either lack an Ohio focus or, where there is such a focus, deal narrowly with specific Ohio issues. This article …
The Recent Respectability Of Summary Judgments And Directed Verdicts In Intentional Age Discrimination Cases: Adea Case Analysis Through The Supreme Court's Summary Judgment Prism, Frank J. Cavaliere
The Recent Respectability Of Summary Judgments And Directed Verdicts In Intentional Age Discrimination Cases: Adea Case Analysis Through The Supreme Court's Summary Judgment Prism, Frank J. Cavaliere
Cleveland State Law Review
The purpose of this Article is to review recent Supreme Court "guidance" on standards for summary judgment and directed verdict and the effect these decisions are having upon ADEA cases.
America's Counterrevolution - Unlearned Lessons, Nathaniel R. Jones
America's Counterrevolution - Unlearned Lessons, Nathaniel R. Jones
Cleveland State Law Review
"America's Counterrevolution - Unlearned Lessons" is about America's social revolution -which saw this nation change from a state that constitutionally sanctioned human degradation in the form of slavery and segregation, into one that enshrined in its basic charter human rights and guarantees of equality before the law for all persons. The revolution, in what Justice Marshall calls our "system of constitutional government", made our legal system the wonder of the world, which others constantly seek to emulate. In order to understand what is required of Americans as they find themselves in this counterrevolutionary period with respect to civil rights, there …
Section 1983 Litigation In The Ohio Courts: An Introduction For Ohio Lawyers And Judges, Steven H. Steinglass
Section 1983 Litigation In The Ohio Courts: An Introduction For Ohio Lawyers And Judges, Steven H. Steinglass
Cleveland State Law Review
This review of §1983 litigation in the Ohio courts has three principal goals. First, it provides an introduction to state court §1983 litigation for Ohio lawyers and judges. Commentators have recognized the importance of state court §1983 litigation, and the Supreme Court has begun to pay greater attention to state court §1983 cases. Nonetheless, most §1983 materials focus on the federal courts. Moreover, the few works addressing litigation of §1983 claims in state courts either lack an Ohio focus or, where there is such a focus, deal narrowly with specific Ohio issues. This article seeks to bridge this gap by …
Tester Standing In Employment Discrimination Cases Under 42 U.S.C. 1981, Michelle Landever
Tester Standing In Employment Discrimination Cases Under 42 U.S.C. 1981, Michelle Landever
Cleveland State Law Review
There is little direct evidence about the nature and extent of hiring discrimination in the United States. There is no empirical evidence that discrimination has been eliminated; and even across the political spectrum there is recognition that the problem still persists. As many more claims pertaining to promotions and terminations are filed, there is a misperception that these reflect a more serious problem than that of hiring discrimination. Victims of hiring discrimination are less likely to know that they have been discriminated against, and to have access to information needed to prove it. Thus, as discrimination at the hiring stage …
Judicial And Administrative Interpretations Of The Bona Fide Occupational Qualification As Applied To The Age Discrimination In Employment Act, Tracy Karen Finkelstein
Judicial And Administrative Interpretations Of The Bona Fide Occupational Qualification As Applied To The Age Discrimination In Employment Act, Tracy Karen Finkelstein
Cleveland State Law Review
This note will examine administrative and judicial standards used to prevent age discrimination in employment decisions. The first section will analyze the ADEA, enacted in response to the growing concern about age discrimination. The second section will discuss the Bona Fide Occupational Qualification exception to the ADEA's prohibition against age discrimination. Finally, the concerns particular to the airline industry regarding its age-related policies will be presented together with the responses of the FAA, the Equal Employment Opportunity Commission, and the judiciary in an attempt to clarify and resolve the difficulties inherent in situations where safety is a major concern.
Uaw V. Johnson Controls: The Supreme Court Fails To Get The Lead Out, Overlooks Fetal Harm Resulting From Workplace Exposure, John M. Tkacik Jr.
Uaw V. Johnson Controls: The Supreme Court Fails To Get The Lead Out, Overlooks Fetal Harm Resulting From Workplace Exposure, John M. Tkacik Jr.
Cleveland State Law Review
UAW v. Johnson Controls, Inc., recently decided by the United States Supreme Court, has resulted in what one commentator described as "[t]he strongest and most important sex-discrimination victory in nearly 30 years." As a result of the decision, employers can no longer bar women from hazardous jobs through fetal-protection policies, except under the most extreme and narrow circumstances. This legal victory for women in the workplace, however, has seriously impacted the debate over the protection of fetal health and safety. The Supreme Court, in a seemingly encore presentation of Roe, again overlooked the harm facing the unborn child in Johnson …
From Class Actions To Miss Saigon: The Concept Of Representation In The Law, Martha L. Minow
From Class Actions To Miss Saigon: The Concept Of Representation In The Law, Martha L. Minow
Cleveland State Law Review
The representation debates over casting "Miss Saigon" and law school faculties reflect the prevalence of contemporary assumptions about group differences. They reflect arguments made on behalf of historically excluded groups that group membership serves as a proxy for shared experiences and especially common experiences as victims of societal prejudice. Opponents, styled as defenders of neutrality, resist such arguments because they undermine the commitment to treating individuals as individuals. Maybe we can understand the debates better by seeing connections to deeper confusions about the concept of representation throughout our society, made especially vivid in legal and political contexts. If treated as …
Section 1983 And The Parratt Doctrine After Zinermon V. Burch: Ensuring Due Process Rights Or Turning The Fourteenth Amendment Into A Font Of Tort Law, Paul F. Wingenfeld
Section 1983 And The Parratt Doctrine After Zinermon V. Burch: Ensuring Due Process Rights Or Turning The Fourteenth Amendment Into A Font Of Tort Law, Paul F. Wingenfeld
Cleveland State Law Review
Over the last thirty years, the Court has decided a number of cases which illustrate an on-going struggle to find the proper place for section 1983 in the federal court system and, consequently, what ultimately qualifies as adequate procedural due process within the context of the statute. This note will examine the history of Court decisions involving section 1983 in order to provide the proper background for examining the Court's most recent decision in Zinermon v. Burch, a case which itself has added to an already confusing field of legal study. Within this historical background, however, the Court has actually …
From Class Actions To Miss Saigon: The Concept Of Representation In The Law, Martha L. Minow
From Class Actions To Miss Saigon: The Concept Of Representation In The Law, Martha L. Minow
Cleveland State Law Review
The representation debates over casting "Miss Saigon" and law school faculties reflect the prevalence of contemporary assumptions about group differences. They reflect arguments made on behalf of historically excluded groups that group membership serves as a proxy for shared experiences and especially common experiences as victims of societal prejudice. Opponents, styled as defenders of neutrality, resist such arguments because they undermine the commitment to treating individuals as individuals. Maybe we can understand the debates better by seeing connections to deeper confusions about the concept of representation throughout our society, made especially vivid in legal and political contexts. If treated as …
Section 1983 And The Parratt Doctrine After Zinermon V. Burch: Ensuring Due Process Rights Or Turning The Fourteenth Amendment Into A Font Of Tort Law, Paul F. Wingenfeld
Section 1983 And The Parratt Doctrine After Zinermon V. Burch: Ensuring Due Process Rights Or Turning The Fourteenth Amendment Into A Font Of Tort Law, Paul F. Wingenfeld
Cleveland State Law Review
Over the last thirty years, the Court has decided a number of cases which illustrate an on-going struggle to find the proper place for section 1983 in the federal court system and, consequently, what ultimately qualifies as adequate procedural due process within the context of the statute. This note will examine the history of Court decisions involving section 1983 in order to provide the proper background for examining the Court's most recent decision in Zinermon v. Burch, a case which itself has added to an already confusing field of legal study. Within this historical background, however, the Court has actually …
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 …
Section 1983 And The Reaganization Of The Sixth Circuit: Closing The Doors To The Federal Courthouse, Steven H. Steinglass
Section 1983 And The Reaganization Of The Sixth Circuit: Closing The Doors To The Federal Courthouse, Steven H. Steinglass
Law Faculty Articles and Essays
This article looks at the most significant developments in section 1983 litigation in the Sixth Circuit during the two-year period from January 1, 1987 to December 31, 1988. The emphasis is on the remedial and procedural issues that arise in section 1983 litigation rather than on the underlying federal constitutional and statutory rights enforceable through section 1983.
H.R. 4300, The Family And Medical Leave Act Of 1986: Congress' Response To The Changing American Family, Amy K. Berman
H.R. 4300, The Family And Medical Leave Act Of 1986: Congress' Response To The Changing American Family, Amy K. Berman
Cleveland State Law Review
On March 4, 1986, H.R. 4300, The Family & Medical Leave Act of 1986 was introduced in the United States House of Representatives. The purpose of the bill is "to entitle employees to parental leave in cases involving the birth, adoption, or serious health condition of a son or daughter and temporary medical leave in cases involving the inability [of an employee] to work because of a serious health condition." The bill requires an employer to provide up to 18 weeks job-protected family leave and up to 26 weeks job protected medical leave for all temporarily disabled employees. The scope …
An Overview Of Fair Housing, Kenneth J. Kowalski
An Overview Of Fair Housing, Kenneth J. Kowalski
Law Faculty Articles and Essays
The purpose of this article is to give an overview of federal fair housing laws and their impact on the real estate industry. This article limits its review to three principle federal statutes affecting equal-housing opportunities: Title VIII of the Civil Rights Act of 1968, 42 U.S.C. §3601 et seq. (hereinafter cited as the "Act" or "Title VIII") and the 1866 and 1870 Civil Rights Act, 42 U.S.C. §§1981, 1982 (respectively "section 1981" and "section 1982"). A review of the substantive provisions of the statutes, methods of enforcement, and judicial interpretations are included. The article also discusses specific evidentiary issues, …