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Articles 1 - 26 of 26
Full-Text Articles in Law
A Preliminary Report On The Bakke Case, William W. Van Alstyne
A Preliminary Report On The Bakke Case, William W. Van Alstyne
Popular Media
No abstract provided.
Discriminatory Effect And The Fair Housing Act, Robert G. Schwemm
Discriminatory Effect And The Fair Housing Act, Robert G. Schwemm
Law Faculty Scholarly Articles
This article addresses the question of whether housing practices that produce discriminatory effects violate the Fair Housing Act. The language and legislative history of the statute are examined, the analogy to employment discrimination law is explored, and the principal Title VIII cases are considered in an effort to determine just what racial discrimination is under the Fair Housing Act. This analysis leads to a suggested approach for evaluating Title VIII cases that are based on discriminatory effect, including how such an effect may be shown by the plaintiff and what significance such a showing should have in terms of the …
Columbus Board Of Education V. Penick, Lewis F. Powell Jr.
Columbus Board Of Education V. Penick, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Scott V. Illinois, Lewis F. Powell Jr.
Southeastern Community College V. Davis, Lewis F. Powell Jr.
Southeastern Community College V. Davis, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Davis V. Passman, Lewis F. Powell Jr.
New York City Transit Authority V. Beazer, Lewis F. Powell Jr.
New York City Transit Authority V. Beazer, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
United Steelworkers Of America, Afl-Cio-Clc V. Weber, Lewis F. Powell Jr.
United Steelworkers Of America, Afl-Cio-Clc V. Weber, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Personnel Administrator Of Massachusetts V. Feeney, Lewis F. Powell Jr.
Personnel Administrator Of Massachusetts V. Feeney, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Defense Under The Age Of Discrimination In Employment Act: Misinterpretation, Misdirection, And The 1978 Amendments, Mack A. Player
Defense Under The Age Of Discrimination In Employment Act: Misinterpretation, Misdirection, And The 1978 Amendments, Mack A. Player
Scholarly Works
The Age Discrimination in Employment Act of 1967 prohibits employers, labor organizations, and employment agencies from discriminating because of age, but it does not protect all age groups against employment discrimination. As enacted, the 1967 Act protected persons between the ages of forty and sixty-five; the amendments in April 1978 extended that protection five years to age seventy. Thus it is not illegal to discriminate against people before their fortieth or after their seventieth birthday. The Act, in its original and amended versions, contains five exceptions or "defenses" to age discrimination in employment. Only the "bona fide occupational qualification" (BFOQ), …
Pamphlet: Women And The Law. April 22, 1978
Pamphlet: Women And The Law. April 22, 1978
Saffy Collection - All Textual Materials
A seminar that explores the legal and humanistic issues concerning women and the law. Produced by the Mayor's advisory commission on the status of women in the City of Jacksonville, Florida.
Federal Regulation Of Collective Bargaining By State And Local Employees: Constitutional Alternatives, Ronald C. Brown
Federal Regulation Of Collective Bargaining By State And Local Employees: Constitutional Alternatives, Ronald C. Brown
Faculty Publications
No abstract provided.
New Definition Of Seniority System Violations Under Title Vii: He Who Seeks Equity..., Stephen Utz
New Definition Of Seniority System Violations Under Title Vii: He Who Seeks Equity..., Stephen Utz
Faculty Articles and Papers
No abstract provided.
Discussion Of Papers Presented By Nathaniel R. Jones And Daniel D. Polsby, Robert Allen Sedler
Discussion Of Papers Presented By Nathaniel R. Jones And Daniel D. Polsby, Robert Allen Sedler
Law Faculty Research Publications
Comments on Metropolitan Desegregation and the Courts
Private Rights Of Action, 27 Depaul L. Rev. 1117 (1978), Michael P. Seng
Private Rights Of Action, 27 Depaul L. Rev. 1117 (1978), Michael P. Seng
UIC Law Open Access Faculty Scholarship
In order for Sections 503 and 504 of the Rehabilitation Act of 1973 to practically prohibit employment discrimination against handicapped persons, a broad array of effective and prompt remedies is needed. In this Article, the author examines judicial findings of legislative intent to create private causes of action in the enactment of various civil rights legislation and concludes that a private cause of action is an available mechanism to enforce the federal statutory scheme prohibiting discrimination in the employment of handicapped individuals. While Sections 503 and 504 are silent as to whether a private cause of action exists, Professor Seng …
Prisoner's Rights -- Failure To Provide Adequate Law Libraries Denies Inmates' Right Of Access To The Courts, Irma S. Russell
Prisoner's Rights -- Failure To Provide Adequate Law Libraries Denies Inmates' Right Of Access To The Courts, Irma S. Russell
Faculty Law Review Articles
This article examines the Supreme Court's decision in Bounds v. Smith and the movement toward recognition of the rights that prisoners retain after incarceration.
Part I outlines the nature and legal foundation of the right of access to the courts as endorsed by Bounds. Part II examines questions raised by the dissenting opinions concerning the scope and validity of the right. Part III addresses the practical implication of the decision and concludes that the right of state and federal prisoners to access legal information in preparing legal papers stands on firmer ground after this decision.
The Civil Rights Injunction, Owen M. Fiss
The Civil Rights Injunction, Owen M. Fiss
Addison Harris Lecture
No abstract provided.
Comment, Discrimination In Access To Public Places: A Survey Of State And Federal Public Accommodations Laws, Lisa G. Lerman, Annette K. Sanderson
Comment, Discrimination In Access To Public Places: A Survey Of State And Federal Public Accommodations Laws, Lisa G. Lerman, Annette K. Sanderson
Scholarly Articles
The purpose of this Project is to chart recent developments in public accommodations law, including the expansion of access rights to places not previously regarded as public, the proscription of discrimination against groups other than racial minorities, and the increasing role of the state civil rights commissions in enforcing discrimination law. This survey provides a basis for assessing the adequacy of existing remedies and suggests changes in state and federal law. The Project conducts a mechanical examination of the statutes on the books. It does not discuss how those laws came into existence or the actual workings of the agencies …
Private Causes Of Action Under Federal Agency Nondiscrimination Statutes, Julia C. Lamber
Private Causes Of Action Under Federal Agency Nondiscrimination Statutes, Julia C. Lamber
Articles by Maurer Faculty
Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race in programs and activities receiving federal financial assistance. Similarly Title IX of the Education Amendments of 1972 prohibits sex discrimination in federally funded education programs or activities. Although the effect of Title VI has been felt primarily in education, the statutory prohibition applies to any federally funded activity, public or private, including hospitals, social service and welfare agencies, law enforcement agencies, housing, and recreational programs. Both statutes provide for administrative enforcement against prohibited activities. This article explores the question of whether a private cause …
Judicial Immunity And Sovereignty, Robert F. Nagel
Bakke Revisited - What The Court's Decision Means - And Doesn't Mean, Douglas D. Scherer
Bakke Revisited - What The Court's Decision Means - And Doesn't Mean, Douglas D. Scherer
Scholarly Works
No abstract provided.
Civil Rights And Legal Order: The Work Of A. Leon Higginbotham, Jr., Donald P. Kommers, Eugenia S. Schwartz
Civil Rights And Legal Order: The Work Of A. Leon Higginbotham, Jr., Donald P. Kommers, Eugenia S. Schwartz
Journal Articles
On October 11-12, 1978, Judge A. Leon Higginbotham, Jr.' delivered the Notre Dame Law School's Seventh Annual Civil Rights Lecture under the general title, "From Thomas Jefferson to Bakke: Race and the American Legal Process." It seems to us appropriate, therefore, on the occasion of the Higginbotham lecture, to consider his work as both historian and judge. Specifically, this article will serve the threefold purpose of (1) reviewing Matter of Color, (2) illustrating the author's use of history in two judicial opinions dealing with the rights of black Americans, and (3) reflecting upon the implications of Higginbotham's work in legal …
Equality For Individuals Or Equality For Groups: Implications Of The Supreme Court Decision In The Manhart Case, William W. Van Alstyne
Equality For Individuals Or Equality For Groups: Implications Of The Supreme Court Decision In The Manhart Case, William W. Van Alstyne
Faculty Scholarship
This commentary breaks down the case of the City of Los Angeles Department of Water and Power v. Manhart and discusses what effects the Supreme Court's decision will have when Title VII is applied to university employers, particularly in their relationship with TIAA-CREF
A Preliminary Report On The Bakke Case, William W. Van Alstyne
A Preliminary Report On The Bakke Case, William W. Van Alstyne
Faculty Scholarship
This comment breaks down the variety of opinions in the Bakke case and discusses the immediate implications the decision may have on the academic community.
What Bakke Leaves To The States: Preliminary Thoughts, Robert M. O'Neil
What Bakke Leaves To The States: Preliminary Thoughts, Robert M. O'Neil
Articles by Maurer Faculty
No abstract provided.
The Repressed Issues Of Sentencing: Accountability, Predictability, And Equality In The Era Of The Sentencing Commission, John C. Coffee Jr.
The Repressed Issues Of Sentencing: Accountability, Predictability, And Equality In The Era Of The Sentencing Commission, John C. Coffee Jr.
Faculty Scholarship
The existence of disparities in the sentences imposed on equally culpable offenders has long been a subject of jurisprudential concern. The author provides a critique of recent efforts to objectify the sentencing process that rely on a matrix table prescribing guideline sentence lengths on the basis of offense severity and predictions of recidivism. With particular emphasis on the Sentencing Commission authorized by pending federal legislation, he urges the need for political accountability in the body that inevitably makes value judgments in the preparation and administration of such a guideline system. Finally, the author discusses the normative issues that surround the …