Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 5 of 5
Full-Text Articles in Law
Making A Buck While Making A Difference, Alphonse A. Gerhardstein
Making A Buck While Making A Difference, Alphonse A. Gerhardstein
Michigan Journal of Race and Law
It is not right for children to die before their parents. It is not right for peaceful, unarmed citizens to die at the hands of the police. In my civil rights practice, I have met many mothers, fathers, and family members who are struggling to recover after a law enforcement officer caused the death of their loved one. Sure, they want fair compensation. But money does little to reduce their loss or make the grief more bearable. They often want to do something that will ensure that their loved one did not die in vain. They want to prevent other …
"One Of The Dirty Secrets Of American Corrections": Retaliation, Surplus Power, And Whistleblowing Inmates, James E. Robertson
"One Of The Dirty Secrets Of American Corrections": Retaliation, Surplus Power, And Whistleblowing Inmates, James E. Robertson
University of Michigan Journal of Law Reform
Retaliation is deeply engrained in the correctional office subculture; it may well be in the normative response when an inmate files a grievance, a statutory precondition for filing a civil rights action. This Article, the first to address comprehensively the sociological and constitutional aspects of retaliation, argues for protecting grievants through safeguards much like those accorded whistleblowers. Part I of the Article provides a socio-legal primer on correctional officer retaliation by addressing the frequency of retaliation, its causes, and its constitutional taxonomy. Part II describes the elements of a prima facie case of unconstitutional retaliation under § 1983. Part III …
Set-Offs Against Back Pay Awards Under The Federal Age Discrimination In Employment Act, Michigan Law Review
Set-Offs Against Back Pay Awards Under The Federal Age Discrimination In Employment Act, Michigan Law Review
Michigan Law Review
This Note proposes a theory to govern set-offs against ADEA damage awards that best effectuates congressional ~tent. It suggests that courts should set off those types of benefits received after a violation that, had they been lost because of a violation, would have been included in the damage award. Part I identifies the proper measure of damages under the ADEA as the net loss of 'job-related benefits," doubled in cases of willful violation. It explains first that job-related benefits should be broadly defined to include unemployment compensation and social security benefits as well as wages, and second that the congressional …
Developing "Tort" Standards For The Award Of Mental Distress Damages In Statutory Discrimination Actions, Harold J. Rennett
Developing "Tort" Standards For The Award Of Mental Distress Damages In Statutory Discrimination Actions, Harold J. Rennett
University of Michigan Journal of Law Reform
The relation between tort remedies and discrimination has been examined extensively, yet there has been little consideration of this relationship with respect to appropriate evidentiary standards for the award of mental distress damages in discrimination cases. This article will consider such standards. After briefly tracing the history of mental distress award standards in discrimination cases, this article will critically examine present compensatory approaches in such cases and suggest an alternative philosophy more consonant with tort compensation principles.
Constitutional Law-Equal Protection-Damage Action For Breach Of Racial Restrictive Covenant, Richard W. Pogue S.Ed.
Constitutional Law-Equal Protection-Damage Action For Breach Of Racial Restrictive Covenant, Richard W. Pogue S.Ed.
Michigan Law Review
Plaintiffs sued at law to recover damages for breach of a racial restrictive covenant, alleging that defendants violated the covenant by conveying restricted property to persons of the Negro race and placing them in possession and occupancy. The circuit court granted defendants' motion to dismiss. On appeal, held, affirmed. The Fourteenth Amendment prevents the maintenance of an action for breach of racial restrictive covenants. Phillips v. Naff, (Mich. 1952) 52 N.W. (2d) 158.