Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 10 of 10
Full-Text Articles in Law
Maintaining Consistency In The Law Of The Large Circuit: The Origins And Operation Of The Ninth Circuit's Limited En Banc Court, Arthur D. Hellman
Maintaining Consistency In The Law Of The Large Circuit: The Origins And Operation Of The Ninth Circuit's Limited En Banc Court, Arthur D. Hellman
Book Chapters
Once again, Congress is considering legislation to divide the largest of the federal judicial circuits, the Ninth Circuit Court of Appeals. The Ninth Circuit extends over nine western states, including California, and it has 29 active judges, almost twice the number of the next-largest circuit. Much of the debate over proposals for restructuring focuses on a feature unique to the Ninth Circuit, the limited en banc court (LEBC). In all of the other circuits, when the court of appeals grants rehearing en banc, the case is heard by all active judges. In the Ninth Circuit, the en banc court is …
Reassessing Rule 11 And Civil Rights Cases, Carl W. Tobias
Reassessing Rule 11 And Civil Rights Cases, Carl W. Tobias
Law Faculty Publications
The Advisory Committee on the Civil Rules amended Federal Rule of Civil Procedure (Rule 11) in August 1983 because of increasing concern about attorney abuses in civil lawsuits and about the so-called litigation explosion. The revision commands courts to sanction lawyers and parties who do not undertake reasonable prefiling inquiries. Certain aspects of the new version's implementation provoked substantial controversy which continued virtually undiminished from the amendment's August 1983 effective date at least until the fifth anniversary of its adoption. Perhaps most controversial was the question whether courts' application inhibited the pursuit of legitimate litigation, especially cases involving civil rights …
Unrightable Wrongs: The Rehnquist Court, Civil Rights, And An Elegy For Dreams, D. Marvin Jones
Unrightable Wrongs: The Rehnquist Court, Civil Rights, And An Elegy For Dreams, D. Marvin Jones
Articles
No abstract provided.
Proving Discrimination After Price Waterhouse And Wards Cove, Candace Kovacic-Fleischer
Proving Discrimination After Price Waterhouse And Wards Cove, Candace Kovacic-Fleischer
Articles in Law Reviews & Other Academic Journals
INTRODUCTION Anyone involved in litigation under Title VII of the Civil Rights Act of 19641 or similar state statutes may wonder what is entailed in proving or disproving discrimination after the United States Supreme Court's October 1988 Term. In fact, in the pending Civil Rights Act of 1990, Congress is considering reversing some of what the Supreme Court did during that Term. One of the issues that the Supreme Court addressed during the 1988 Term involved allocating burdens of proof in two major types of Title VII claims, dis- parate-treatment and disparate-impact. Price Waterhouse v. Hopkins, dealt with a disparate-treatment …
In Lieu Of Preclusion: Reconciling Administrative Decisionmaking And Federal Civil Rights Claims, Marjorie A. Silver
In Lieu Of Preclusion: Reconciling Administrative Decisionmaking And Federal Civil Rights Claims, Marjorie A. Silver
Scholarly Works
No abstract provided.
After We're Gone: A Commentary, Michael A. Middleton
After We're Gone: A Commentary, Michael A. Middleton
Faculty Publications
Professor Bell has placed before us a basic question that must be dealt with by all who wish to resolve the difficulties inherent in governing a free society. That question is one with which the framers of our Constitution grappled and that baffles us still. How does a society effectively govern itself and at the same time guarantee equal liberty for all? More specifically, in the racial context presented by The Chronicle of the Space Traders, when may government act for the benefit of society in a manner that is detrimental to some of its citizens because of their race?
Patterson And Civil Rights: What Rough Beast Slouches Towards Bethlehem To Be Born?, Peter Brandon Bayer
Patterson And Civil Rights: What Rough Beast Slouches Towards Bethlehem To Be Born?, Peter Brandon Bayer
Scholarly Works
Contrary to its assertions, the U.S. Supreme Court’s decision in Patterson decision marks a stark departure from the federal courts' former practice of according Congressional civil rights enactments a broad reading to effectuate their remedial purposes. Indeed, Patterson offers an exceedingly narrow interpretation of this nation's oldest civil rights law, the Civil Rights Act of 1866.
In addition to its effect on the scope and application of § 1981, Patterson must be read in conjunction with several other decisions issued during the same term that limit—indeed retreat from—the application of civil rights laws designed to restore both lost opportunities and …
Civil Rights In Employment: The New Generation, Linda H. Edwards
Civil Rights In Employment: The New Generation, Linda H. Edwards
Scholarly Works
In July 1989, Title VII was twenty-five years old. It is generally assumed that the first twenty-five years have seen significant changes in the economic opportunities available to America’s minorities and women. But with the rise to power of the Reagan appointees, the Supreme Court is clearly fashioning a new approach to issues of civil rights in employment. This article analyzes the new Court’s emerging themes and proposes a congressional response.
The Declaration Of The Rights Of Man And Of Citizens Of 1789, The Reign Of Terror, And The Revolutionary Tribunal Of Paris, Vincent R. Johnson
The Declaration Of The Rights Of Man And Of Citizens Of 1789, The Reign Of Terror, And The Revolutionary Tribunal Of Paris, Vincent R. Johnson
Faculty Articles
Recently, Americans have been engaged in an effort to properly commemorate the bicentennial of the United States Constitution and Bill of Rights. If one is serious about that endeavor, it may be profitable to focus on the other bicentennial being celebrated this year in France. The early days of the French and American republics were intertwined, and it would be erroneous to think that the developments which then took place in the two countries can now fully be understood in isolation.
A number of legal aspects of the French Revolution are especially relevant to the American experience, therefore worth consideration. …
The Meaning Of Equality And The Interpretive Turn, Robin West
The Meaning Of Equality And The Interpretive Turn, Robin West
Georgetown Law Faculty Publications and Other Works
The turn to hermeneutics and interpretation in contemporary legal theory has contributed at least two central ideas to modern jurisprudential thought: first, that the "meaning" of a text is invariably indeterminate -- what might be called the indeterminacy claim -- and second, that the unavoidably malleable essence of texts -- their essential inessentiality -- entails that interpreting a text is a necessary part of the process of creating the text's meaning. These insights have generated both considerable angst, and considerable excitement among traditional constitutional scholars, primarily because at least on first blush these two claims seem to inescapably imply a …