Law Commons^™

Book Review Of Law, Gender And Injustice: A Legal History Of U.S. Women, Linda A. Malone

Popular Media

No abstract provided.

Equal Opportunity In Economic Downturn - Are Women And Minorities Sacrificing More Than Their Fair Share? Prepared Statements And Correspondence, Assembly Select Committee On Equal Opportunity

California Assembly

No abstract provided.

Equal Opportunity In Economic Downturn - Are Women And Minorities Sacrificing More Than Their Fair Share? Hearing, Assembly Select Committee On Equal Opportunity

California Assembly

No abstract provided.

Fax: Endorsement Of Bill Clinton, October 4, 1992, Edna Louise Saffy

Saffy Collection - All Textual Materials

A fax sent to members of the American Arab Institute providing the requested endorsement for Bill Clinton.

A Road Less Traveled To A Federal Era, John Paul Jones

Law Faculty Publications

Professor Jones examines efforts to ratify the federal Equal Rights Amendment which ended unsuccessfully in 1982. He argues that efforts to use the federal courts to fill in the gaps in protection of rights based on gender are likely to fall far short of what the Amendment would have provided, and that a renewed attempt at ratification would likely meet the same fate as the earlier one. He suggests a third alternative, U.S. ratification of the Convention on the Elimination of All Forms of Discrimination against Women, as the most feasible means of achieving the goals of the ERA without …

Banishing The Thirteenth Juror: An Approach To The Identification Of Prosecutorial Racism, Elizabeth Beske

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Justice For Rodney King, Scott C. Burrell, Alan R. Dial, Thomas W. Mitchell

Faculty Scholarship

May 1992 letter from three Howard University School of Law students to President George H.W. Bush advocating that the United States Department of Justice invoke the Petite Policy to initiate a criminal action against the Los Angeles Police Department police officers responsible for brutally beating Rodney King despite the fact that these offers had been acquitted in a California state court. The letter, which was read in front of the White House by Thomas Mitchell to hundreds of people who had gathered to urge the federal government to take action, sets forth a clear legal basis to permit the Justice …

Group Versus Individuals, Neal Devins

Faculty Publications

No abstract provided.

Job Bias Celebrity At Hollins, Beth Macy

Ann B. Hopkins Papers

No abstract provided.

Dressing For Power, The Washington Post

Ann B. Hopkins Papers

No abstract provided.

The Silenced Majority: Martin V. Wilks And The Legislative Response, Susan Grover

Faculty Publications

An American worker finds himself disadvantaged by an employer's affirmative action program. The worker heads for the courthouse, reverse discrimination complaint in hand. Will he be allowed to sue? Prior to the Supreme Court's 1989 Martin v. Wilks decision, the answer to that question tended to be "no." Wilks changed the answer to an emphatic ·yes." With the 1991 Civil Rights Act, the answer has become "probably not." This article discusses the bar against such challenges as developed through case law and recent congressional action. It addresses the implications that the new statutory bar will have for the structure of …

Feminism Awry: Excesses In The Pursuit Of Rights And Trifles, Kenneth Lasson

All Faculty Scholarship

Perhaps it is best to begin with the positive. From virtually any perspective, liberal and conservative feminists in the twentieth century have improved the quality of life for many women in a number of noteworthy ways. They have helped win the right to vote, to own property, to make contracts, to serve on juries, to use contraceptives.

They have succeeded in asserting the need for enhanced economic opportunities: equal pay for equal work, maternity leave, flex-time for mothers. They have made significant advancements against both domestic battery and sexual harassment in the workplace. As a consequence of all these efforts, …

Rule Revision Roundelay, Carl W. Tobias

Law Faculty Publications

A critique of the proposed revision of F.R.C.P. Rule 11.

The Four Failures Of The Political Economy, Joseph P. Tomain

Faculty Articles and Other Publications

A contemporary policy analyst accustomed to the ways of the micro economic model might admit that the effects of certain types of environmental regulation, (the placement of hazardous waste facilities, for example) might disproportionately impact the poor because it is economically prudent to locate facilities where land is the cheapest. The harsh reality of this strategy is that poor people are more likely to live in poorer sections of the country; thus, the likelihood of being closer to such a facility is higher than that of the general populace. Thus, under this hypothesis, environmental equity is classbased and dictated by …

Moving Toward Equal Treatment Of Homosexuals, John Cary Sims

McGeorge School of Law Scholarly Articles

No abstract provided.

Race And The Rehnquist Court, Brian K. Landsberg

McGeorge School of Law Scholarly Articles

No abstract provided.

Words That Deny, Devalue, And Punish: Judicial Responses To Fetus-Envy?, Sherry F. Colb

Cornell Law Faculty Publications

Abstract needed.

Whatever Happened To The Fourth Amendment: Undocumented Immigrants' Rights After Ins V. Lopenz-Mendoza And United States V. Verdugo-Urquidez, Victor C. Romero

Journal Articles

This Note rejects the Court's approach to the Fourth Amendment in Lopez and Verdugo and attempts to redefine the boundaries of Fourth Amendment protections for undocumented immigrants. Part I examines the impact of the Lopez and Verdugo decisions upon undocumented immigrants' Fourth Amendment rights. Part II evaluates the arguments for extending Fourth Amendment protections to undocumented immigrants. Viewing the Fourth Amendment as a restriction on government intrusion, Part III examines the constitutional remedies available to undocumented immigrants. This part rejects the Lopez restrictions on the applicability of the exclusionary rule and concludes that the Fourth Amendment neither draws distinctions among …

Civil Rights Plaintiffs And The Proposed Revision Of Rule 11, Carl W. Tobias

Law Faculty Publications

The 1983 amendment of Federal Rule of Civil Procedure 11 has been the most controversial revision of the Federal Rules in their fifty-five-year history, and Rule l l's implementation has been most controversial in civil rights cases. Rule ll's application has disadvantaged civil rights plaintiffs more than any other category of civil litigant. Courts have found civil rights plaintiffs in violation of Rule 11 at a higher rate than other types of plaintiffs and have imposed substantial sanctions on them. Civil rights plaintiffs have been required to participate in expensive, unnecessary satellite litigation involving this provision. Indeed, a new study …

Civil Rights Procedural Problems, Carl W. Tobias

Law Faculty Publications

Congress passed the Civil Rights Act of 1991 primarily to modify numerous Supreme Court opinions of the 1988 Term that jeopardized the rights of minorities and women. Particularly striking about those Supreme Court cases was the number which involved procedural questions and process values. These included the timing of litigation, both when employment discrimination victims must commence actions and when non-parties can reopen civil rights cases resolved through consent decrees; litigant responsibility for the expense of lawsuits; and proof requirements.

Most of the procedural developments in civil rights and employment discrimination litigation of the 1988 Term, however, were only recent …

National Rainbow Coalition, Inc.: Planks That They Would Like To See Adopted By The Democratic Party Platform Committee

Saffy Collection - All Textual Materials

Suggestions for Democratic National Convention, 1992. Box 11, Folder 8

Civil Actions For Emotional Distress And R.A.V. V. City Of St. Paul, Michael K. Steenson

Faculty Scholarship

The law of emotional distress is characterized by judicial reluctance to create and expand remedies for emotional injuries. The issue here is whether the Court's decision in R.A.V. v. City of St. Paul will impose further limitations on the right to recover civil damages for the intentional infliction of emotional injury, particular emotional injuries resulting from hate speech. This symposium first examines the applicability of the tort to redress claims based on abusive epithets based on the victim's race, gender, or sexual orientation. The symposium then argues that using this tort in cases involving hate speech should not create constitutional …

Speaking Of Rights, Janet Ainsworth

Faculty Articles

Professor Janet Ainsworth reviews Rights Talk: The Impoverishment of Political Discourse, by Mary Ann Glendon. The thesis of Mary Ann Glendon's book is a provocative one: that the way in which Americans talk about rights is dangerous to our political and social well-being as a nation. Professor Ainsworth explores the specifics of rights discourse that Glendon describes, and provides a thorough critique of Rights Talk.

Reflections On Recent Remarks Of "That Unnecessary And Dangerous Officer", Roger J. Miner '56

Flag Day & Law Day Ceremonies

No abstract provided.

The Poverty Of Privacy?, Linda C. Mcclain

Faculty Scholarship

This Article has two aims. First, it defends a continuing role for the right of privacy in arguments -for women's reproductive freedom against charges that privacy is an impoverished concept. Second, it raises cautions about certain feminist critiques of privacy that would ground this freedom in notions of reproductive responsibilities. As this Article was first presented at a conference, "Reproductive Issues in a Post-Roe' World," held in the wake of Webster v. Reproductive Health Services,2 the first question is: Are we now, given the Supreme Court's recent decision in Planned Parenthood v. Casey,' in a "post-Roe world"? Furthermore, what remains …

Book Review, Katharine T. Bartlett

Faculty Scholarship

Reviewing Patricia J. Williams, The Alchemy of Race and Rights (1991).

Sex Discrimination (Update 1), Christina B. Whitman

Book Chapters

During the 1980s and early 1990s intense disagreement has arisen over the appropriate strategy for eliminating sex discrimination. Some courts and commentators argue for gender-neutral rules that define categories in purely functional terms. Others, who point out that gender-neutral rules promise equality only for women who can meet a ‘‘male standard,’’ think that legal distinctions between the sexes are not only appropriate but necessary, at least in cases involving perceived biological differences. Still others refuse to think in terms of sameness and difference. They analyze each issue by asking whether the disputed rule furthers the domination of men and the …

Minnow’S Social Relations Approach: Unanswering The Unasked Questions (Review Essay), Katharine T. Bartlett

Faculty Scholarship

Reviewing Martha Minnow, Making All the Difference: Inclusion, Exclusion and American Law (1990)

The Daughters Of Job: Property Rights And Women's Lives In Mid-Nineteenth-Century Massachusetts, Dianne Avery, Alfred S. Konefsky

Journal Articles

No abstract provided.

Civil Rights Conundrum, Carl W. Tobias

Law Faculty Publications

As a case study of the impediments imposed by the revised F.R.C.P. Rule 11 in civil rights litigation, Professor Tobias relates the story of the Robeson County, N.C. prosecution of Eddie Hatcher and Timothy Jacobs, their subsequent civil rights action, and the ensuing Rule 11 sanctions imposed upon their counsel, as reported in In re Kunstler, 914 F.2d 505 (4th Cir. 1990).