Law Commons^™

The Displacement Of Federal Due Process Claims By State Tort Remedies: Parratt V. Taylor And Logan V. Zimmerman Brush Company, Rodney A. Smolla

Rod Smolla

None available.

In Pursuit Of Racial Utopias: Fair Housing, Quotas, And Goals In The 1980'S, Rodney A. Smolla

Rod Smolla

None available.

Affirmative Action In The Marketplace Of Ideas, Rodney A. Smolla

Rod Smolla

No abstract provided.

A Call To Leadership: The Future Of Race Relations In Virginia, Rodney A. Smolla

Rod Smolla

Not available.

Introduction To The Bill Of Rights At 200 Years: Bicentennial Perspectives, Rodney A. Smolla

Rod Smolla

No abstract provided.

Preserving The Bill Of Rights In The Modern Administrative-Industrial State, Rodney A. Smolla

Rod Smolla

No abstract provided.

Integration Maintenance: The Unconstitutionality Of Benign Programs That Discourage Black Entry To Prevent White Flight, Rodney A. Smolla

Rod Smolla

Not available.

Container Legislation, Equal Protection, Commerce Clause, Minnesota V. Clover Leaf Creamery Company, Craig B. Paynter

Akron Law Review

The problems of litter, solid waste, and natural resource depletion are often inexorably linked to the liquid manufacturing and packaging industry. Legislative efforts to ameliorate these problems may therefore involve various controls of containers. When states enact container legislation, however, terms must be carefully chosen to avoid conflict with both state and federal constitutions.

Title Vii, Equal Employment Opportunity Commission, Disclosure Policy, Equal Employment Opportunity Commission V. Associated Dry Goods Corp, Kenneth L. Wittenauer

Akron Law Review

Amid judicial turmoil, the EEOC developed procedural guidelines to best effectuate its interpretation of Title VII policies. The Commission's procedural regulations permit the disclosure of the investigative files of the individual and of individuals with similar charges against the same employer even before a lawsuit has been filed. However, the EEOC has been forced to restrict access to its files in those jurisdictions which follow Sears while maintaining a more liberal disclosure policy in the remaining jurisdictions.

Some Potential Casualties Of Moving Beyond The Black/White Paradigm To Build Racial Coalitions, Rogelio A. Lasso

Rogelio A. Lasso

No abstract provided.

A Gospel Of Law, 30 J. Marshall L. Rev. 1039 (1997), Kevin L. Hopkins

Kevin L. Hopkins

No abstract provided.

The High Price Of Poverty: A Study Of How The Majority Of Current Court System Procedures For Collecting Court Costs And Fees, As Well As Fines, Have Failed To Adhere To Established Precedent And The Constitutional Guarantees They Advocate., Trevor J. Calligan

Trevor J Calligan

No abstract provided.

Affirmative Action, Reverse Discrimination Bratton V. City Of Detroit, John T. Dellick

Akron Law Review

In Bratton v. City of Detroit, the United States Sixth Circuit Court of Appeals examined charges of reverse discrimination' arising from a voluntary affirmative action plan adopted by the City of Detroit. These reverse discrimination claims were presented as alleged violations of Title VIP and the fourteenth amendment. The Bratton court reviewed the leading Title VII reverse discrimination case, United Steelworkers of America v. Weber, and the leading fourteenth amendment reverse discrimination case, Regents of University of California v. Bakke. From these cases, the court in Bratton extracted the major guidelines of each, comingled them, and developed …

Measuring The Reach Of Title Ix: Defining Program And Recipient In Higher Education, James H. Brooks

Akron Law Review

Two main issues are raised by Grove City College v. Bell and will be analyzed in this article. First, should the Supreme Court construe a post-secondary institution as a "program" for purposes of Title IX? Second, should aid to students be considered federal financial assistance to the institution?

Denial Of Tax Exempt Status For Racially Discriminatory Schools, Bob Jones University V. U.S., Margaret K. Cassidy

Akron Law Review

The extent to which the government may deny tax-exempt status in order to further its goal of eliminating racial discrimination is a question of paramount importance. The United States Supreme Court recently addressed this question in the case of Bob Jones University v. U.S., a consolidated action which involved a conflict between two established public policies: racial equality and religious freedom. The Court held that this nation's policy of racial equality overrides any interest that an educational and religious institution may have in promoting racial discrimination.

Title Vii Discrimination Actions: Applicable Or Inapplicable To The Partnership Decision? Hishon V. King & Spalding, Gus Yogmour

Akron Law Review

An underlying premise of a partnership is that it is a strictly voluntary association between two or more persons for a business purpose. The concept that a partnership can be forced against its will to accept another individual into the organization as a partner is repugnant to the underlying premise of voluntariness of association. One purpose of Title VII of The Civil Rights Act of 1964 is to prohibit discrimination on the basis of sex and to place men and women on an equal footing. In order for this equal footing to exist, an individual's capabilities can be the only …

Mandatory Retirement And Impact Discrimination Under The Age Discrimination In Employment Act: You'll Get Yours When You're 70, Maxine S. Thomas

Akron Law Review

This article will consider disparate impact analysis in the context of mandatory retirement of the pre-seventy employee under the ADEA. While disparate treatment analysis is clearly appropriate under the current legislative scheme, disparate impact analysis should also be available in age discrimination cases which consider mandatory retirement.

The Propriety Of Prospective Relief And Attorney's Fees Awards Against State-Court Judges In Federal Civil Rights Actions, Stephen J. Shapiro

Akron Law Review

During the past thirty years, the United States Supreme Court has refined a system of immunities for governmental officials when those officials are sued under 42 U.S.C. § 1983 for violation of constitutional rights. The kind of immunity granted varies with the kind of governmental function exercised by the official when committing the alleged constitutional violation. Persons exercising legislative functions are absolutely immune from suit either for damages or for prospective (declaratory or injunctive) relief. Those exercising prosecutorial functions are absolutely immune from damages but may be sued for prospective relief. Those exercising executive functions are granted only a conditional, …

Expanding The Quasi Suspect Class To Include Mentally Retarded Persons: Cleburne Living Center, Inc. V. City Of Cleburne, Annette E. Skinner

Akron Law Review

The Cleburne Living Center, Inc. v. City of Cleburne court faced the issue with a well-reasoned and carefully structured opinion. The court explored the indicia of suspectness promulgated by the Supreme Court in various opinions, and held that the mentally retarded share sufficient indicia of a suspect class to be accorded quasi-suspect status; therefore, intermediate scrutiny is the proper level of scrutiny to employ when examining the constitutionality of a statute. The largest part of the court's opinion dealt with the analysis of whether the discriminatory classification bore a substantial relationship to an important governmental objective - the required test …

The Writ-Writers: Jailhouse Lawyers Right Of Meaningful Access To The Courts, John F. Myers

Akron Law Review

This comment will focus on the evolution of jailhouse lawyers, the rights they possess and the problems they face in a system that continually seeks to limit their activities

Affirmative Action: Alive And Well After Stotts, Ralph J. Conrad

Akron Law Review

This comment examines the current state of affirmative action in light of the special protection that the Supreme Court grants seniority systems. This comment also discusses the future of affirmative action and how the changes in affirmative action will affect collective bargaining agreements and consent decrees.

National Gay Task Force V. Board Of Education Of Oklahoma City, Susan Fitch

Akron Law Review

The National Gay Task Force (NGTF) looked to the courts for relief in challenging an Oklahoma statute which attempted to regulate teachers' speech. National Gay Task Force v. Board of Education of Oklahoma City marks the first time since the beginning of the gay rights movement that the United States Supreme Court has granted certiorari to a case which had homosexuality as its central issue. The result in National Gay Task Force has left both the challengers and the defenders of the Oklahoma statute claiming victory.

The NGTF claims that although the portion of the statute which prohibits teachers from …

My Body, Not My Say: Regulation Of Reproductive Freedom In America, Kisha K. Patel

Gender, Women's, and Sexuality Studies Summer Fellows

Women’s bodies have been legislated for years. Many people associate regulation beginning in 1973 when Roe V. Wade was decided, however legislation has affected women for much longer. These infringements on women’s rights create a major roadblock in gender equality. During summer fellows I researched how the law regulates aspects of American women's lives particularly in reproductive freedom (birth control, day-after pill, abortion, maternity discrimination). Conducting this research included thorough research of 48 pieces of congressional legislation from the 114^th Congress that limit women's reproductive freedom through abortion bans, non-accessible health care, and cuts in federal spending towards Planned …

Meritor Savings Bank V. Vinson: The Supreme Court's Recognition Of The Hostile Environment In Sexual Harassment Claims, Victoria T. Bartels

Akron Law Review

This casenote will examine Meritor Savings Bank v. Vinson in light of the brief legal history of Title VII sexual harassment claims and will consider the implications of both the Court's holding and its dicta regarding the undecided issues.

Batson V. Kentucky: Can The 'New' Peremptory Challenge Survive The Resurrection Of Strauder V. West Virginia?, Brian Wilson

Akron Law Review

It cannot be denied that our jury selection process has lent itself to invidious racial discrimination in the selection of jurors who ultimately decide the black defendant's guilt or innocence. This practice manifested itself in a line of decisions, beginning with Strauder v. West Virginia. The Strauder Court held that excluding qualified venirepersons on the basis of race violated the fourteenth amendment. However, the Supreme Court's refusal in Swain v. Alabama to subject petit jury peremptory challenges to constitutional scrutiny spawned much criticism from courts and commentators. As a result, the Court in Batson v. Kentucky decided to re-examine …

Making And Meeting The Prima Facie Case Under The Fair Housing Act, Frederic S. Schwartz

Akron Law Review

This article will deal almost exclusively with cases in the Individual Discrimination category.

Analysis of the housing discrimination cases requires that the fundamental substantive issue and the fundamental procedural issue be carefully distinguished. The substantive issue is simply whether the Act has been violated. That issue will be ultimately decided by the jury (or the judge in a trial to the court). The fundamental procedural issue with which we shall be concerned is whether the plaintiff has established his "prima facie case."

Part II of this paper will deal with the substantive issue and Part III with the procedural one. …

The Constitutional Right Of The Indigent Facing Involuntary Civil Commitment To An Independent Psychiatric Examination, Scott F. Uhler

Akron Law Review

The recently established constitutional right to an independent psychiatric examination for a criminal defendant, when the defendant's sanity is at issue,' has not been extended to the involuntary civil commitment process However, for the following reasons, the right should be so extended.

First, the interpretation of due process in the involuntary commitment procedure, as construed by lower federal courts and state courts to require an exam, shows greater uniformity and logical cohesiveness than that defined by applicable Supreme Court decisions. Second, the area of juvenile adjudication presents great similarity of purpose to civil commitment, yet the due process protections deemed …

The Impact Of Disability: A Comparative Approach To Medical Resource Allocation In Public Health Emergencies, Katie Hanschke, Leslie E. Wolf, Wendy F. Hensel

Wendy F. Hensel

It is a matter of time before the next widespread pandemic or natural disaster hits the United States (U.S.). The international response to the 2009 H1N1 influenza stands as a cautionary tale about how prepared the world is for such an emergency. Although the pandemic fortunately proved to be less severe than initially anticipated, it nevertheless resulted in shortages of medical equipment, overburdened hospitals, and preventable patient deaths, particularly among young people.

A pandemic will inevitably lead to difficult decisions about the allocation of medical resources, such as who will have priority access to ventilators and critical care beds when …

The Impact Of Disability: A Comparative Approach To Medical Resource Allocation In Public Health Emergencies, Katie Hanschke, Leslie E. Wolf, Wendy F. Hensel

Leslie E. Wolf

It is a matter of time before the next widespread pandemic or natural disaster hits the United States (U.S.). The international response to the 2009 H1N1 influenza stands as a cautionary tale about how prepared the world is for such an emergency. Although the pandemic fortunately proved to be less severe than initially anticipated, it nevertheless resulted in shortages of medical equipment, overburdened hospitals, and preventable patient deaths, particularly among young people.

A pandemic will inevitably lead to difficult decisions about the allocation of medical resources, such as who will have priority access to ventilators and critical care beds when …

The Respective Burdens Of Proof In Title Vii Cases: Price Waterhouse V. Hopkins Confuses The Issue, Gregory T. Rossi

Akron Law Review

employed women, and other minorities throughout the United States. The opinion has several significant aspects. First, the case defines the respective evidentiary burdens of a plaintiff-employee and defendant-employer in a Title VIP suit, when the plaintiff-employee has shown that the defendant-employer's employment action resulted from a consideration of legitimate and illegitimate factors (i.e., "mixed motive case"). Second, the express allocation of the burdens of proof resolved a conflict among the various Courts of Appeals. Third, the Court failed to issue a majority opinion. This is significant in light of the current republican administration and its influence on what is now …