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Full-Text Articles in Law
Strangers In Paradise: Griggs V. Duke Power Co. And The Concept Of Employment Discrimination, Alfred W. Blumrosen
Strangers In Paradise: Griggs V. Duke Power Co. And The Concept Of Employment Discrimination, Alfred W. Blumrosen
Michigan Law Review
In March 1966, the Equal Employment Opportunity Commission (EEOC) negotiated an extensive agreement with the Newport News Shipyard to eliminate employment discrimination. The outcome of these negotiations-which were conducted by the Office of Conciliations which I then headed-was the first major achievement for the EEOC under title Vll of the Civil Rights Act of 1964. Following that episode, Ken Holbert, Deputy Chief of Conciliations, and I decided to try to negotiate a model conciliation agreement on the subject of discriminatory employment testing. We knew that many companies had introduced tests in the 1950's and early 1960's when they could no …
The Expanding Constitutional Protection For The News Media From Liability For Defamation: Predictability And The New Synthesis, Michigan Law Review
The Expanding Constitutional Protection For The News Media From Liability For Defamation: Predictability And The New Synthesis, Michigan Law Review
Michigan Law Review
The tort of defamation has a long and complex history dating back to the sixteenth century. Though this tort from the very beginning did not find favor with the law courts, it has managed to survive into the second half of the twentieth century. But this survival may not endure much longer since the Supreme Court has found a deep conflict between the law of defamation and the first amendment. The reasons for this conflict and the Supreme Court's basic resolution of it in favor of first amendment values have been the subject of much scholarly comment, but the Court's …
Judicial Supremacy Re-Examined: A Proposed Alternative, G. Sidney Buchanan
Judicial Supremacy Re-Examined: A Proposed Alternative, G. Sidney Buchanan
Michigan Law Review
A citizen critic recently expressed to me his bitter opposition to the Warren Court's decisions on school prayer and school desegregation. If this critic were elected governor of a state or placed in some other position of governmental authority, he would almost certainly use his power to block public school desegregation and to encourage prayer reading in the public schools. Conceding that our critic would be acting controversially in so using his power, would he be acting unconstitutionally? This is the question which this Article will attempt to answer. More generally, this Article will consider the extent to which a …
Educational Financing, Equal Protection Of The Laws, And The Supreme Court, Michigan Law Review
Educational Financing, Equal Protection Of The Laws, And The Supreme Court, Michigan Law Review
Michigan Law Review
Recently, state systems of financing public education have been overturned or seriously threatened by several state and federal court cases based on the equal protection clause of the fourteenth amendment. Rodriguez v. San Antonio Independent School District, which invalidated the Texas system of educational financing, will be argued before the Supreme Court next term. This Comment will examine the doctrinal and policy problems that the Court will confront and the alternative solutions that are available to the Court when it considers the constitutionality of the Texas system, which is typical of the educational financing programs that have generated so …
Territorial Restrictions And Per Se Rules--A Re-Evaluation Of The Schwinn And Sealy Doctrines, Michigan Law Review
Territorial Restrictions And Per Se Rules--A Re-Evaluation Of The Schwinn And Sealy Doctrines, Michigan Law Review
Michigan Law Review
Horizontal territorial restrictions have traditionally been said to be per se illegal. That is, they are illegal no matter what effect they may have on competition. The legality of vertical territorial restrictions, however, is still an unsettled issue. The past decade saw a trend toward considering such restrictions per se violations of section I of the Sherman Act. That trend culminated in United States v. Arnold, Schwinn & Co., a case better known for its speculation than its reasoning. The Supreme Court, which ostensibly announced the per se illegality of these restrictions in Schwinn, will have an opportunity …
Mr. Justice Powell And The Emerging Nixon Majority, A.E. Dick Howard
Mr. Justice Powell And The Emerging Nixon Majority, A.E. Dick Howard
Michigan Law Review
In recent years, we have come to expect the debate over Supreme Court nominations to reflect ideological passions in the Government and the country at large; the Fortas, Haynsworth, and Carswell cases remain fresh in memory. In the hearings on the nominations of Lewis F. Powell, Jr., and William H. Rehnquist to the Court, Senate Democratic liberals made clear their intention to probe not only the nominees' integrity and legal qualifications, but also their judicial philosophies. It was ironic, therefore, to watch as liberal members of the Judiciary Committee, through their questions and comments at the confirmation hearings, made Powell, …
Reapportionment--Nine Years Into The "Revolution" And Still Struggling, Michigan Law Review
Reapportionment--Nine Years Into The "Revolution" And Still Struggling, Michigan Law Review
Michigan Law Review
Malapportioned legislative districts traditionally have inhibited the effective working of government at the federal, state, and local levels. By 1960, the population disparities among legislative districts had attained such great magnitude "that the integrity of representative government was in many instances endangered." The underrepresented victims of malapportionment sought relief through the courts. Initially the Supreme Court, ever hesitant to enter the "political thicket," declined to address itself to reapportionment controversies. This era of judicial inaction ended in 1962 with the Court's ruling in Baker v. Carr, in which the plaintiffs overcame the formidable barrier posed by the political-question doctrine. …