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Articles 1 - 12 of 12
Full-Text Articles in Law
Newsletter - 1976-07-29, E. De La Garza
Newsletter - 1976-07-29, E. De La Garza
Kika de la Garza Congressional Papers - Newsletters
No abstract provided.
The Right To Religious Freedom And World Public Order: The Emerging Norm Of Nondiscrimination, Myres S. Mcdougal, Harold D. Lasswell, Lung-Chu Chen
The Right To Religious Freedom And World Public Order: The Emerging Norm Of Nondiscrimination, Myres S. Mcdougal, Harold D. Lasswell, Lung-Chu Chen
Michigan Law Review
Discrimination based upon religious beliefs and expressions forms the basis for some of the most serious deprivations of civil and political rights. The religious beliefs and expressions that are commonly the ground for discrimination include all of the traditional faiths and justifications from which norms of responsible conduct--that is, judgments about right and wrong--are derived. These beliefs may be theological in the sense that they refer to a personalized transempirical source of an unchallengeable message or metaphysical in the sense that they are grounded upon nonpersonalized transempirical conceptions; sometimes they are more empirical, based upon varying conceptions of science or …
Appropriate Defenses To Damage Actions For Discrimination Under Sections 1981 And 1982
Appropriate Defenses To Damage Actions For Discrimination Under Sections 1981 And 1982
William & Mary Law Review
No abstract provided.
Title Vii And Layoffs Under The "Last Hired, First Fired" Seniority Rule: The Preservation Of Equal Employment, Timothy J. Sheeran
Title Vii And Layoffs Under The "Last Hired, First Fired" Seniority Rule: The Preservation Of Equal Employment, Timothy J. Sheeran
Case Western Reserve Law Review
No abstract provided.
Racial And Religious Discrimination In Charitable Trusts: A Current Analysis Of Constitutional And Trust Law Solutions, Roy M. Adams
Racial And Religious Discrimination In Charitable Trusts: A Current Analysis Of Constitutional And Trust Law Solutions, Roy M. Adams
Cleveland State Law Review
It is the purpose of this article to chronicle and analyze the process by which constitutional and trust law have blended together in the charitable trust field. The questions to be posed and answered are essentially these: Can a settlor expect racial and religious restrictions in a charitable trust to be allowed to operate? If such restrictions may operate, under what conditions and circumstances? If not, why not, and what will happen to the trust property thereafter?
Affirmative Action: Hypocritical Euphemism Or Noble Mandate?, Theodore J. St. Antoine
Affirmative Action: Hypocritical Euphemism Or Noble Mandate?, Theodore J. St. Antoine
Articles
Title VII of the Civil Rights Act of 1964 was adopted in an atmosphere of monumental naivete. Congress apparently believed that equal employment opportunity could be achieved simply by forbidding employers or unions to "discriminate" on the basis of "race, color, religion, sex, or national origin," and expressly disavowed any intention to require "preferential treatment." Perhaps animated by the Supreme Court's stirring desegregation decisions of the 1950's, the proponents of civil rights legislation made "color-blindness" the rallying cry of the hour. Today we know better. The dreary statistics, so familiar to anyone who works in this field, tell the story. …
The Right To Religious Freedom And World Public Order: The Emerging Norms Of Nondiscrimination, Myers Mcdougal, Harold Lasswell, Lung-Chu Chen
The Right To Religious Freedom And World Public Order: The Emerging Norms Of Nondiscrimination, Myers Mcdougal, Harold Lasswell, Lung-Chu Chen
Articles & Chapters
No abstract provided.
The Protection Of Aliens From Discrimination And World Public Order: Responsibility Of States Conjoined With Human Rights, Myers Mcdougal, Harold Lasswell, Lung-Chu Chen
The Protection Of Aliens From Discrimination And World Public Order: Responsibility Of States Conjoined With Human Rights, Myers Mcdougal, Harold Lasswell, Lung-Chu Chen
Articles & Chapters
No abstract provided.
The Human Rights Of The Aged: An Application Of The General Norm Of Nondiscrimination, Myers Mcdougal, Harold D. Lasswell, Lung-Chu Chen
The Human Rights Of The Aged: An Application Of The General Norm Of Nondiscrimination, Myers Mcdougal, Harold D. Lasswell, Lung-Chu Chen
Articles & Chapters
No abstract provided.
Civil Rights - Housing Discrimination - Federal Courts May Order Metropolitan Area Remedy To Correct Wrongs Committed Solely Against City Residents Where Agencies Have Statutory Authority To Conduct Activities Outside The City Limits, Andres J. Valdespino
Fordham Urban Law Journal
This case note examines the United States Supreme Court's decision in Hills v. Gautreaux, 96 S. Cy. 1538 (1976), specifically the approval of a metropolitan area remedy as a valid form of federal relief. The case resulted from a class action suit against the Chicago Housing Authority (CHA) and the Department of Housing and Urban Development (HUD), alleging racially discriminatory public housing policies and practices. Although violations of the Fourteenth Amendment occurred within the Chicago city limits, the Supreme Court held that a metropolitan remedy which included the surrounding areas outside of the city boundaries was valid and that Milliken …
Selecting A Remedy For Private Racial Discrimination: Statutes In Search Of Scope, John M. Peterson
Selecting A Remedy For Private Racial Discrimination: Statutes In Search Of Scope, John M. Peterson
Fordham Urban Law Journal
Racial discrimination in the United States has been effectively attacked in both the legislatures and the courts for over a hundred years. Enslavement of blacks in the American South prompted adoption of the thirteenth amendment and the Reconstruction Civil Rights Acts enacted pursuant to the amendment’s enabling clause. These laws sought primarily to elevate the status of the black freedman by granting him rights equal to those enjoyed by white citizens. The most far-reaching of these statutes is 42 U.S.C. § 1981, derived from the Civil Rights Act of 1866, which insures to all persons the same right to make …
After Albemarle: Class-Wide Recovery Of Back Pay Under Title Vii, B. Martin Druyan
After Albemarle: Class-Wide Recovery Of Back Pay Under Title Vii, B. Martin Druyan
Fordham Urban Law Journal
Title VII of the Civil Rights Act of 1964 provides administrative and judicial remedies for victims of discrimination in employment. Employers, engaged in “an industry affecting commerce” and having fifteen or more employees who work at least twenty weeks out of the year, are subject to the statutes strictures. Unions are also subject to the statute if they have fifteen or more members, operate an office or hiring hall, and represent employees. One remedy available under Title VII is an award of back pay from the date of the alleged violation. Back pay may be defined as court-awarded compensation for …