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Full-Text Articles in Law
The Effect Of Eliminating Distinctions Among Title Vii Disparate Treatment Cases, Henry L. Chambers, Jr.
The Effect Of Eliminating Distinctions Among Title Vii Disparate Treatment Cases, Henry L. Chambers, Jr.
Law Faculty Publications
St. Mary's Honor Center v. Hicks eliminated the effect of the pretext test and the distinction between standard and pretext cases. Desert Palace interpreted the motivating-factor test in a way that eliminates the distinction between mixed-motives and non-mixed-motives cases. The point is not that the Court has decided the cases incorrectly or with an inappropriate bias. Rather, it is that eliminating the distinctions between the different types of cases suggests that all disparate treatment cases should be treated the same. The result of these decisions will likely be a reversion to an older litigation model in which trial judges are …
Brown's Legacy At Fifty, Carl W. Tobias
Brown's Legacy At Fifty, Carl W. Tobias
Law Faculty Publications
Review of James T. Patterson, Brown v. Board of Education: A Civil Rights Milestone and Its Troubled Legacy (2001)
Brown And The Desegregation Of Virginia Law Schools, Carl W. Tobias
Brown And The Desegregation Of Virginia Law Schools, Carl W. Tobias
Law Faculty Publications
One-half century ago, the Supreme Court of the United States declared unconstitutional racially segregated public elementary and secondary schools in Brown v. Board of Education. The pathbreaking opinion culminated a three-decade effort that the National Association for the Advancement of Colored People ("NAACP") and the NAACP Legal Defense and Educational Fund ("LDF"), an independent litigating entity, had orchestrated. An important feature of the evolving NAACP and LDF tactical approach was to contest the segregation of government-sponsored professional and graduate education, particularly implicating law schools in jurisdictions bordering the South, namely Maryland, Missouri, Oklahoma, and Texas. These pioneering attorneys and the …