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Articles 1 - 30 of 59
Full-Text Articles in Law
Racial Discrimination In Business Transactions, Robert E. Suggs
Racial Discrimination In Business Transactions, Robert E. Suggs
Faculty Scholarship
When the Supreme Court invalidated a municipal minority business set-aside in City of Richmond v. J.A. Croson Co., it failed to recognize the special circumstances confronting the minority entrepreneur. Contrary to the Court’s own erroneous assertion that “[s]tates and their local subdivisions have many legislative weapons at their disposal both to punish and prevent present [business] discrimination ….” – they do not. Nor can they create effective antidiscrimination remedies as a practical matter. As a result that decision leaves minority business owners vulnerable to discrimination from other business firms but without a remedy. Part I identifies the glaring failure …
Price Waterhouse, Working Woman
Operation Rescue - Was The Justice Dept. Right To Intervene In Wichita?, Gary S. Lawson, Celeste Lacy Davis, Eve W. Paul
Operation Rescue - Was The Justice Dept. Right To Intervene In Wichita?, Gary S. Lawson, Celeste Lacy Davis, Eve W. Paul
Faculty Scholarship
Discussion of Operation Rescue attempt to shut down abortion clinic in Wichita, KS in August 1991, and ensuing decision of U.S. District Judge Patrick Kelly, as well as intervention of Justice Department. A debate-style article with "pro" side written by Gary Lawson and "con" side written by C.L. Davis & E.W. Paul.
Senate Approves Civil Rights Bill, 93 To 5, And Gives Up Its Own Exemption, The Washington Post
Senate Approves Civil Rights Bill, 93 To 5, And Gives Up Its Own Exemption, The Washington Post
Ann B. Hopkins Papers
No abstract provided.
Justice Brennan's Gender Jurisprudence, Rebecca Korzec
Justice Brennan's Gender Jurisprudence, Rebecca Korzec
All Faculty Scholarship
During his thirty-four year tenure on the Supreme Court, Justice William Joseph Brennan, Jr. demonstrated unparalleled sensitivity to the protection of individual rights. Justice Brennan's landmark opinions included Baker v. Carr, Goldberg v. Kelly, and New York Times Co. v. Sullivan. before Brennan, Supreme Court jurisprudence exalted judicial passivity by employing techniques for avoiding constitutional issues, such as abstention, comity, exhaustion of remedies and the political question doctrine.
Against this background, Brennan became an active judicial voice in a series of innovative landmark cases, including decisions requiring federal officials to pay damages for violation of citizens' constitutional rights; authorizing federal …
Correspondence: September 3, 1991, Letter To Dr. Saffy From Governor Bill Clinton, Bill Clinton
Correspondence: September 3, 1991, Letter To Dr. Saffy From Governor Bill Clinton, Bill Clinton
Saffy Collection - All Textual Materials
A letter from Bill Clinton regarding making a decision to run for President. The letter is on State of Arkansas, Office of the Governor Letterhead.
The Effects Of Intent: Do We Know How Legal Standards Work?, Theodore Eisenberg, Sheri Lynn Johnson
The Effects Of Intent: Do We Know How Legal Standards Work?, Theodore Eisenberg, Sheri Lynn Johnson
Cornell Law Faculty Publications
No one knows how the intent standard works in racial discrimination cases, though many have speculated. To test the speculation, this study examines how the intent standard actually operates. Its findings cast doubt on whether we really know how any legal standard functions.
The Second Circuit's Employment Discrimination Cases: An Uncertain Welcome (St. John's Law Review, Vol. 65, Issue 3 (Summer 1991), Pp. 839-874), Lewis M. Steel '63, Miriam F. Clark
The Second Circuit's Employment Discrimination Cases: An Uncertain Welcome (St. John's Law Review, Vol. 65, Issue 3 (Summer 1991), Pp. 839-874), Lewis M. Steel '63, Miriam F. Clark
Articles and Writings
No abstract provided.
Confessions, Criminals, And Community, Sheri Lynn Johnson
Confessions, Criminals, And Community, Sheri Lynn Johnson
Cornell Law Faculty Publications
No abstract provided.
Black, Brown, Poor & Poisoned: Minority Grassroots Environmentalism And The Quest For Eco-Justice, Regina Austin, Michael H. Schill
Black, Brown, Poor & Poisoned: Minority Grassroots Environmentalism And The Quest For Eco-Justice, Regina Austin, Michael H. Schill
All Faculty Scholarship
No abstract provided.
Certification And Civil Rights, Carl W. Tobias
Certification And Civil Rights, Carl W. Tobias
Law Faculty Publications
In this 1991 article, Carl Tobias responds to Professor Arthur Miller's suggestion that Federal Rule of Civil Procedure 11 should not be prematurely revised.
"Professor Miller's admonitions may convince some observers, especially those authorized to propose revisions in, or to amend, the Rule that there is little wrong with Rule 11's application and that the federal judiciary simply needs a few more years to refine the implementation of this new concept. Numerous problems, however, remain substantial and some may be intrinsic or even irremediable, while certain litigants, especially civil rights plaintiffs, cannot afford to wait. I trust that Professor Miller's …
The Civil Rights Hydra, Neal Devins
Correspondence: Letter, April 18, 1991, To Dr. Saffy (Version 2), Tommy Hazouri
Correspondence: Letter, April 18, 1991, To Dr. Saffy (Version 2), Tommy Hazouri
Saffy Collection - All Textual Materials
A letter from Mayor Hazouri thanking Dr. Saffy for all the time and energy she put into his re-election campaign. Handwritten note: Edna, You've been great!
Correspondence: Letter, April 18, 1991, To Dr. Saffy, Tommy Hazouri
Correspondence: Letter, April 18, 1991, To Dr. Saffy, Tommy Hazouri
Saffy Collection - All Textual Materials
A letter from Mayor Hazouri thanking Dr. Saffy for all the time and energy she put into his re-election campaign. Handwritten note: Edna - You've been great! My thanks for all your help!
Our First Televised Genocide, Kenneth Lasson
Our First Televised Genocide, Kenneth Lasson
All Faculty Scholarship
It is absolutely appalling that we have come so casually to observe the carnage, so passively to view the starvation over breakfast papers or dinnertime newscasts, so helplessly to watch these totally bereft human beings trudging barefoot over treacherous terrain toward the middle of nowhere.
There are other questions as well, of course, not as easily answered. Where are all their voices now, those demonstrators who so vociferously opposed war, ostensibly out of an overweening reverence for life? Is the latter-day holocaust being systematically perpetrated in northern Iraq any less horrifying than a direct hit on a camouflaged bomb shelter …
Judicial And Adminstrative Enforcement Of Individual Rights Under The National Labor Relations Act And Under The Labor-Management Relations Act Between 1935 And 1990 - An Historical And Empirical Analysis Of Unsettled Intercircuit And Intracircuit Conflicts, Willy E. Rice
Faculty Articles
This Article is concerned with exploring the extent to which both the National Labor Relations Act of 1935 and the Labor-Management Relations Act of 1947 have protected individual employees' rights in administrative and judicial proceedings.
Price Waterhouse Ordered To Admit Plaintiff To Partnership, Ken Heinen
Price Waterhouse Ordered To Admit Plaintiff To Partnership, Ken Heinen
Ann B. Hopkins Papers
No abstract provided.
The Changing Nature Of Employment Discrimination Litigation, Peter Siegelman, John J. Donohue Iii
The Changing Nature Of Employment Discrimination Litigation, Peter Siegelman, John J. Donohue Iii
Faculty Articles and Papers
Two major pieces of employment discrimination legislation were passed in the early 1990s: the 1991 Civil Rights Act and Americans with Disabilities Act. Using some simple regression models, we examine the effects of this legislation on the volume, content and outcomes of employment discrimination cases filed in federal courts. We find, first, that the volume of discrimination cases nearly doubled between 1992 and 1997, in contrast to a 10 percent decline during the previous 8 years, and despite a sharply falling unemployment rate that–in the past–would have substantially reduced the amount of litigation. We also observe a significant shift in …
Foreword: Racist Speech On Campus, Kingsley R. Browne
Foreword: Racist Speech On Campus, Kingsley R. Browne
Law Faculty Research Publications
No abstract provided.
Doe V. University Of Michigan And Campus Bans On "Racist Speech": The View From Within, Robert A. Sedler
Doe V. University Of Michigan And Campus Bans On "Racist Speech": The View From Within, Robert A. Sedler
Law Faculty Research Publications
No abstract provided.
"Equal Members Of The Community": The Public Accommodations Provisions Of The Americans With Disabilities Act, Robert Burgdorf
"Equal Members Of The Community": The Public Accommodations Provisions Of The Americans With Disabilities Act, Robert Burgdorf
Journal Articles
Nearly three decades ago, four black students sat down at a lunch counter in a Woolworth's store in Greensboro, North Carolina, ordered a cup of coffee, and refused to move until they were served. I Unknown to the four young men at the time, their act of courage would help precipitate a series of sit-in protests and other forms of civil disobedience challenging racial segregation at lunch counters, restaurants, parks, hotels, motels, and other facilities. The desegregation of such places was a principal objective of civil rights protests, lawsuits, and proposals for legislative reform during the early 1960s.2 Equal opportunity …
The Americans With Disabilities Act: Analysis And Implications Of A Second-Generation Civil Rights Statute, Robert L. Burgdorf Jr.
The Americans With Disabilities Act: Analysis And Implications Of A Second-Generation Civil Rights Statute, Robert L. Burgdorf Jr.
Journal Articles
Martin Luther King, Jr. once wrote that our nation's civil rights laws were a "sparse and insufficient collection of statutes ... barely a naked framework."' On their faces, many federal civil rights statutes constitute little more than broad directives that "Thou shalt not discriminate." Broadly worded statements outlawing discrimination were the optimal approach to statutory draftsmanship in light of the controversial nature of the civil rights laws passed in the 1960s and 1970s. The drafters of these statutes needed to craft language that would be palatable to a majority of the members of Congress while still having a meaningful impact …
The Economics Of Discrimination: The Three Fallacies Of Croson, Martin J. Katz
The Economics Of Discrimination: The Three Fallacies Of Croson, Martin J. Katz
Sturm College of Law: Faculty Scholarship
In Part I, this Note examines the effects of discrimination in the marketplace to suggest a connection between current racial disparities" and past "no-fault" discrimination. Part II demonstrates why race-neutral policies are likely to prove ineffective for reducing these disparities. Finally, Part III argues that competitive, race-conscious affirmative action is unlikely to create a "moral hazard" and that the burden placed on nonminorities by such a program is justifiable.
Thurgood Marshall And The Administrative State, Jonathan Weinberg
Thurgood Marshall And The Administrative State, Jonathan Weinberg
Law Faculty Research Publications
No abstract provided.
The Annapolis Poll Books Of 1800 And 1804: African American Voting In The Early Republic, David S. Bogen
The Annapolis Poll Books Of 1800 And 1804: African American Voting In The Early Republic, David S. Bogen
Faculty Scholarship
No abstract provided.
Toilets As A Feminist Issue: A True Story, Taunya Lovell Banks
Toilets As A Feminist Issue: A True Story, Taunya Lovell Banks
Faculty Scholarship
No abstract provided.
Title Vii As Censorship: Hostile Environment Harassment And The First Amendment, Kingsley R. Browne
Title Vii As Censorship: Hostile Environment Harassment And The First Amendment, Kingsley R. Browne
Law Faculty Research Publications
No abstract provided.
Rule 11 Recalibrated In Civil Rights Cases, Carl W. Tobias
Rule 11 Recalibrated In Civil Rights Cases, Carl W. Tobias
Law Faculty Publications
The United States Supreme Court promulgated the 1983 amendments to the Federal Rules of Civil Procedure out of growing concern about abuse of the civil litigation process. The most controversial aspect of the implementation of these revisions has been judicial enforcement of amended Rule 11 (the Rule) in ways that disadvantage or "chill" civil rights plaintiffs and attorneys. As the federal judiciary enters its eighth year of implementing the Rule, courts apparently have improved their application of it by becoming more solicitous of the needs of civil rights plaintiffs and their counsel, in recognition of the important social function that …
Recent Developments In Civil Rights, Ivan E. Bodensteiner
Recent Developments In Civil Rights, Ivan E. Bodensteiner
Law Faculty Publications
One of the most significant developments in civil rights litigation is the expansion of immunity doctrines. Even though immunity is not mentioned in 42 U.S.C. § 1983, the United States Supreme Court has given some governmental officials the benefit of a qualified immunity from damages, and other officials an absolute immunity from damages.
The Rhetoric Of Equality, Neal Devins