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1998

Civil Rights and Discrimination

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Articles 1 - 30 of 162

Full-Text Articles in Law

Equal Rights, Special Rights, And The Nature Of Antidiscrimination Law, Peter J. Rubin Nov 1998

Equal Rights, Special Rights, And The Nature Of Antidiscrimination Law, Peter J. Rubin

Michigan Law Review

Despite the continued belief held by most Americans that certain characteristics should not form the basis for adverse decisions about individuals in employment, housing, public accommodations, and the provision of a wide range of governmental and private services and opportunities, antidiscrimination laws have increasingly come under attack on the ground that they provide members of the group against whom discrimination is forbidden with "special rights." The "special rights" objection has been voiced most strongly, but not exclusively, against laws that seek to prohibit discrimination on the basis of sexual orientation. This line of attack has not always been effective, but …


Status Rules: Doctrine As Discrimination In A Post-Hicks Enivronment, Ruth Gana Okedji Oct 1998

Status Rules: Doctrine As Discrimination In A Post-Hicks Enivronment, Ruth Gana Okedji

Florida State University Law Review

No abstract provided.


Board Of Education V. Taxman: The Unpublished Opinions- Introduction, Michael J. Yelnosky, Ann C. Mcginley Oct 1998

Board Of Education V. Taxman: The Unpublished Opinions- Introduction, Michael J. Yelnosky, Ann C. Mcginley

Law Faculty Scholarship

No abstract provided.


Whither Weber?, Michael J. Yelnosky Oct 1998

Whither Weber?, Michael J. Yelnosky

Law Faculty Scholarship

No abstract provided.


Race, The Immigration Laws, And Domestic Race Relations: A "Magic Mirror'' Into The Heart Of Darkness, Kevin R. Johnson Oct 1998

Race, The Immigration Laws, And Domestic Race Relations: A "Magic Mirror'' Into The Heart Of Darkness, Kevin R. Johnson

Indiana Law Journal

No abstract provided.


The Race Convention And Civil Rights In The United States, Theodore M. Shaw Oct 1998

The Race Convention And Civil Rights In The United States, Theodore M. Shaw

City University of New York Law Review

No abstract provided.


Unprotected Until Forty: The Limited Scope Of The Age Discrimination In Employment Act Of 1967, Bryan B. Woodruff Oct 1998

Unprotected Until Forty: The Limited Scope Of The Age Discrimination In Employment Act Of 1967, Bryan B. Woodruff

Indiana Law Journal

No abstract provided.


Environmental Justice And Community Empowerment: Learning From The Civil Rights Movement , R. Gregory Roberts Oct 1998

Environmental Justice And Community Empowerment: Learning From The Civil Rights Movement , R. Gregory Roberts

American University Law Review

No abstract provided.


Book Review Of Forced Justice: School Desegregation And The Law And Race Relations Litigation In An Age Of Complexity, Davison M. Douglas Oct 1998

Book Review Of Forced Justice: School Desegregation And The Law And Race Relations Litigation In An Age Of Complexity, Davison M. Douglas

Faculty Publications

No abstract provided.


Coming Out: Decision-Making In State And Federal Sodomy Cases, Susan Ayres Oct 1998

Coming Out: Decision-Making In State And Federal Sodomy Cases, Susan Ayres

Faculty Scholarship

In 1791, American states were enacting laws against sodomy at the same time they ratified the Bill of Rights, the first ten constitutional amendments meant to safeguard fundamental rights of individuals in a free society. In a March 1789 letter to James Madison, Thomas Jefferson asserted that a bill of rights was necessary to give the judiciary the power to protect such individual rights. Ironically, that which the judiciary gives, it may also take away, since "[t]he legislator is a writer. And the judge a reader."

This Article deconstructs recent sodomy cases in order to challenge judicial adoption or reinscription …


Section 5: Civil Rights, Institute Of Bill Of Rights Law, William & Mary Law School Sep 1998

Section 5: Civil Rights, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Analysis Of People Of The State Of New York, Buffalo Gyn Womenservices, Planned Parenthood Of Rochester/Syracuse Region, Et. Al. V. Operation Rescue National, Et. Al., Lucinda Finley Sep 1998

Analysis Of People Of The State Of New York, Buffalo Gyn Womenservices, Planned Parenthood Of Rochester/Syracuse Region, Et. Al. V. Operation Rescue National, Et. Al., Lucinda Finley

Buffalo Women's Law Journal

No abstract provided.


Equal Pay: A Proposed Amendment To The Fairllabor Standards Act, Caroline Edwards Sep 1998

Equal Pay: A Proposed Amendment To The Fairllabor Standards Act, Caroline Edwards

Buffalo Women's Law Journal

No abstract provided.


Is Sexual Harassment Sex Discrimination? Still An Open Question, Helen Lafferty Sep 1998

Is Sexual Harassment Sex Discrimination? Still An Open Question, Helen Lafferty

Buffalo Women's Law Journal

No abstract provided.


Patriarchy And Dicrimination In Apartheid South Africa's Abortion Law, Jeremy Sarkin Sep 1998

Patriarchy And Dicrimination In Apartheid South Africa's Abortion Law, Jeremy Sarkin

Buffalo Human Rights Law Review

No abstract provided.


Constitutional Remedies, Section 1983 And The Common Law, Michael L. Wells Sep 1998

Constitutional Remedies, Section 1983 And The Common Law, Michael L. Wells

Scholarly Works

Constitutional tort law marries the substantive rights granted by the Constitution to the remedial mechanism of tort law. The sweeping language of 42 U.S.C. 1983 provides that "[e]very person who, under color of any [state law] subjects, or causes to be subjected, any [person] to the deprivation of any [constitutional rights] shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress." Constitutional tort suits raise, in a new context, many tort-like remedial questions relating to causation, immunity, and damages--and therein lies a problem. The usual source of answers to …


Madiba 80th Birthday Bash July 18, 1998, Desmond Tutu Jul 1998

Madiba 80th Birthday Bash July 18, 1998, Desmond Tutu

Archbishop Desmond Tutu Collection Textual

Speech written by Archbishop Tutu for Nelson Mandela's 80th birthday.


A Time For Reflection, Marc A. Fajer Jul 1998

A Time For Reflection, Marc A. Fajer

University of Miami Law Review

No abstract provided.


Négligence, Victimes Indirectes Et Préjudice Moral En Common Law: Les Limites A La Réparation Se Justifient-Elles?, Louise Belanger-Hardy Jul 1998

Négligence, Victimes Indirectes Et Préjudice Moral En Common Law: Les Limites A La Réparation Se Justifient-Elles?, Louise Belanger-Hardy

Osgoode Hall Law Journal

Common law courts have traditionally been reluctant to award damages for emotional harm. This is particularly true in cases of secondary victims of negligence. Preoccupied by the fear of fraudulent claims or the danger of opening the floodgates, courts strive to limit the scope of liability in these circumstances. But how legitimate is the reasoning that has served to support such a restrictive analysis of the decision to award damages for emotional harm? The author explores the limitations of the Canadian courts' current approach and analyzes the basis of their concern. She concludes that not only do the beliefs espoused …


Race And Property Values In Entrenched Segregation, Margalynne Armstrong Jul 1998

Race And Property Values In Entrenched Segregation, Margalynne Armstrong

University of Miami Law Review

No abstract provided.


Unconscious Racism And The Criminal Law, Sheri Johnson Jul 1998

Unconscious Racism And The Criminal Law, Sheri Johnson

Cornell Law Faculty Publications

No abstract provided.


Mandates Unsatisfied: The Low Income Housing Tax Credit Program And The Civil Rights Laws, Florence Wagman Roisman Jul 1998

Mandates Unsatisfied: The Low Income Housing Tax Credit Program And The Civil Rights Laws, Florence Wagman Roisman

University of Miami Law Review

No abstract provided.


Family Values: Prevention Of Discrimination And The Housing For Older Persons Act Of 1995, Jonathan I. Edelstein Jul 1998

Family Values: Prevention Of Discrimination And The Housing For Older Persons Act Of 1995, Jonathan I. Edelstein

University of Miami Law Review

No abstract provided.


Dicenso V. Cisneros: An Argument For Recognizing The Sanctity Of The Home In Housing Sexual Harassment Cases, Carlotta J. Ross Jul 1998

Dicenso V. Cisneros: An Argument For Recognizing The Sanctity Of The Home In Housing Sexual Harassment Cases, Carlotta J. Ross

University of Miami Law Review

No abstract provided.


A Generation Of Human Rights: Looking Back To The Future, Rosalie Silberman Abella Jul 1998

A Generation Of Human Rights: Looking Back To The Future, Rosalie Silberman Abella

Osgoode Hall Law Journal

The author traces the development of human rights in North America since the Second World War, and examines the socio-political environment in which these developments took place. In examining what appears to be an existing backlash against the earlier vigorous pursuit of rights for disadvantaged groups, the author distinguishes between civil liberties and human rights, and focuses on how a preoccupation with civil liberties is impeding the ability to promote human rights. She concludes by discussing the evolution of human rights for women this generation, and observes that while there have been significant gains, especially numerically, there has also been …


A Comparative Vision Of The Convergence Of Ecology, Empowerment, And The Quest For A Just Society, James A. Kushner Jul 1998

A Comparative Vision Of The Convergence Of Ecology, Empowerment, And The Quest For A Just Society, James A. Kushner

University of Miami Law Review

No abstract provided.


Housing Segregation And Housing Integration: The Diverging Paths Of Urban America, Richard H. Sander Jul 1998

Housing Segregation And Housing Integration: The Diverging Paths Of Urban America, Richard H. Sander

University of Miami Law Review

No abstract provided.


Race/Ism Lost And Found: The Fair Housing Act At Thirty, John O. Calmore Jul 1998

Race/Ism Lost And Found: The Fair Housing Act At Thirty, John O. Calmore

University of Miami Law Review

No abstract provided.


Civil Rights, Robin Jean Davis, Louis J. Palmer Jr. Jun 1998

Civil Rights, Robin Jean Davis, Louis J. Palmer Jr.

West Virginia Law Review

No abstract provided.


Challenges To The Future Of Civil And Political Rights, Dinah Shelton Jun 1998

Challenges To The Future Of Civil And Political Rights, Dinah Shelton

Washington and Lee Law Review

No abstract provided.