Law Commons^™

Title Vii And Nlra: Protection Of Extra-Union Opposition To Employment Discrimination, Michigan Law Review

Michigan Law Review

Title VII of the 1964 Civil Rights Act guarantees freedom from employment discrimination based on race, religion, sex, or national origin and establishes remedial procedures for aggrieved employees. A nondiscrimination clause in a collective bargaining agreement may also protect employees from discriminatory treatment; typically, the contract will also contain grievance machinery through which the employee, with the aid of his union, can present his complaint. The question remains: When both title VII and contract grievance procedures are available, can an individual employee or a group of employees take direct action against an allegedly discriminatory employer independently of the union and …

Sex Discrimination In Post-Secondary Education, Part 1, Joint Committee On Legal Equality

California Joint Committees

Transcript of hearing of the Joint Committee on Legal Equality.

Recent Cases, Vanderbilt Law Review Staff

Vanderbilt Law Review

Civil Rights--Private Education-Racially Discriminatory Admissions Policies Violate Right to Contract Provision of 42 U.S.C. § 1981

Plaintiffs, ' blacks who had been denied admission solely on the basis of their race to two all-white private schools that received no state aid,' sought damages and injunctive relief in federal district court contending that these rejections violated section 1981 of 42 U.S.C. by denying them the same right to contract as enjoyed by white citizens.

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Copyright--Telecommunications--CATV Importation of Distant Television Signals Constitutes Infringement Under Sections One (c) & (d) of the Copyright Act

Plaintiffs,' creators and producers of television programs,brought a …

Higher Education: The Black Professional, Donald H. Godbold, Andrew Goodrich, William Moore, Jr.,

IUSTITIA

The black professional in the community college is a catalog of contradictions. His or her condition can only be described as tragic; and his or her plight is a travesty on the philosophy of the two-year college. The preliminary findings of one study in progress note that nearly half (409 or 47 per cent) of the 865 two-year institutions included in the sample do not have a single black faculty member or administrator. Eighty-nine of the remaining 456 colleges have only one black staff member. Similarly, there are a number of community colleges located in areas heavily populated by blacks …

Affirmative Action: Quotas And Traditional University Standards With Particular Emphasis On The Role Of The Department Chairman, William D. Wheeler

IUSTITIA

The higher educational institution is often an exclusive citadel. Students are selected after close scrutiny of past achievements. Teachers as merchants of ideas, virtues, and cosmic thoughts are invited to membership only after certain academic passports have been acquired. These eligibility criteria are established by the faculty who, presumably, are the only ones capable of assessing reasonable standards for those seeking admission. Colleges and universities are closed sub-communities. They practice discrimination while giving lip service to liberal thought, knowledge, and enlightenment. It comes, therefore, as little surprise to clear thinkers that the house of intellect leads the parade of culprits …

America And Reconsruction, Thomas B. Grier

IUSTITIA

Reconstruction has variously been termed "repressive. . . uncivilized" and "a sordid time" as well as "a noble experiment." Reflected in those judgments of the era is the dispute over the effects of Reconstruction. To be more correct, one might say that there has been much conjecture in determining what, in fact, Reconstruction was. Questioned also has been the role of the black man during the period; much of what he did, or was responsible for, has, like Reconstruction itself, been subject to many and varied accounts and evaluations. The intent of this paper is to examine several volumes concerned …

Village Of Belle Terre V. Boraas, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Lubin V. Panish, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Schlesinger V. Reservists Committee, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Richardson V. Ramirez, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Fuller V. Oregon, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

O'Brien V. Skinner, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Gilmore V. City Of Montgomery, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Wolff V. Mcdonnell, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Saxbe V. Washington Post, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Milliken V. Bradley, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Pell V. Procunier, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Espinoza V. Farah Mfg. Co., Inc., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Reversals In The Federal Constitutional Amendment Process: Efficacy Of State Ratifications Of The Equal Rights Amendment, Lynn Andretta Fishel

Indiana Law Journal

No abstract provided.

Married Woman's Right To Her Maiden Name: The Possibilities For Change, Linda J. Mead

Buffalo Law Review

No abstract provided.

California V. Larue: The Twenty-First Amendment As A Preferred Power, Robert D. Kamenshine

Vanderbilt Law Review

While the twenty-first amendment rationale of LaRue appears to pose a threat to certain individual rights, that amendment has been recognized by at least one state supreme court as a legitimate vehicle for combating racial discrimination in private clubs'--an area of discrimination generally regarded as beyond the reach of government and probably involving fundamental rights of association and privacy. Because of the dual potential of the state power found in the twenty-first amendment and the questionable desirability of the use of that power, this article evaluates the LaRue decision, explores its unusual twenty-first amendment rationale, considers alternative approaches the Court …

The New England Emigrant Aid Company And The Response In Massachusetts To Its Goals And Efforts To Create A Free Kansas, 1854-1856, Randall R. Butler Ii

Loma Linda University Electronic Theses, Dissertations & Projects

A wave of indignation and shock swept over the North following Stephen A. Douglas' introduction of the Kansas-Nebraska Bill in the United States Senate in January, 1854. The South conceded Nebraska to the North, because of the Territory's geographic proximity to Northern transportation routes and the free-state of Iowa. In return, the South expected the North to concede the loss of Kansas as a future slave state. But many Northerners were not willing to assent to this new compromising proposal without a struggle.

Eli Thayer, a freshman Congressman in the Massachusetts State Legislature, invisioned a scheme to use Douglas' concept …

A Viable Substitute For The Exclusionary Rule: A Civil Rights Appeals Board, John L. Roche

Washington and Lee Law Review

No abstract provided.

Beyond The Eye Of The Beholder: Aesthetics And Objectivity, Michigan Law Review

Michigan Law Review

The term "aesthetic legislation," as used in this Note, refers only to legislation that bears upon the visual character of the physical environment, rather than to legislation on problems of noise and odor. The legal system has handled problems of the latter sort much better; only the sense of sight has been left unprotected. Perhaps one reason for its neglect is that in order to make an area visually pleasing positive programs, such as zoning, must be used, as well as passive prohibitions of such noxious uses as billboards. Noise and odor problems, which can be resolved by prohibitions alone, …

Deferral To Arbitration In Title Vii Actions: Rios V. Reynolds Metals Company

William & Mary Law Review

No abstract provided.

Segregation Of Poor And Minority Children Into Classes For The Mentally Retarded By The Use Of Iq Tests*, Michigan Law Review

Michigan Law Review

This Comment deals with the inadequacies of IQ tests as devices for identifying those children who are to be relegated to classes for the mentally retarded and with the constitutional ramifications of these inadequacies. The present use of standardized tests may violate due process and equal protection guarantees. Additionally, certain procedural due process requirements, heretofore ignored in this context, may apply to the placement process.

Busing Is Not Really The Issue, James C. Harvey

North Carolina Central Law Review

No abstract provided.

Post--Brown Private White Schools--An Imperfect Dualism, James E. Smith

Vanderbilt Law Review

Federal courts have endeavored to assure that private discrimination practiced by schools is truly private. In this endeavor, courts have enjoined any significant state involvement as violative of the equal protection clause. The courts have shown no inclination to prohibit the private discrimination itself, however, and it appears unlikely that courts in the near future will take the innovative step of barring discrimination practiced by private white academies.

The New York Indians' Right To Self-Determination, James W. Clute

Buffalo Law Review

No abstract provided.

Civil Rights--Administrative Enforcement--Damages As An Appropriate Remedy, Harvey D. Peyton

West Virginia Law Review

No abstract provided.