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Articles 1 - 11 of 11
Full-Text Articles in Law
Public Law By Private Bargain: Title Vii Consent Decrees And The Fairness Of Negotiated Institutional Reform, Maimon Schwarzschild
Public Law By Private Bargain: Title Vii Consent Decrees And The Fairness Of Negotiated Institutional Reform, Maimon Schwarzschild
Duke Law Journal
Large-scale Title VII remedies are typical of "public law" litigation, which differs in kind from the conventional compensatory lawsuit. Title VII remedies are commonly adopted by way of consent decrees. By approving these consent decrees, federal courts take responsibility for extensive institutional reforms while acting independently of the adversary process. Courts have frequently approved consent decrees without fair hearings for those whose interests are at stake. Professor Schwarzschild suggests a systematic procedure for approving Title VII consent decrees. This procedure would not discourage settlements, but would ensure that courts act on the basis of fair hearings, consistently with the quasi-legislative …
Gay Movements And Legal Change: Some Aspects Of The Dynamics Of A Social Problem, Steven F. Cohn, James E. Gallagher
Gay Movements And Legal Change: Some Aspects Of The Dynamics Of A Social Problem, Steven F. Cohn, James E. Gallagher
Sociology School Faculty Scholarship
This paper examines public opinion and media coverage surrounding four important events which affected the development of homosexual rights in Maine in the 1970s: the birth of a homosexual student group on a University of Maine campus and the conference it organized; the adoption of a gay rights plank in the election platform of the state's Democratic Party; revisions to the state's criminal code which decriminalized homosexual activities; and a second conference organized by the student group. Only the first event aroused major public outcry. We describe these events in detail, examine how the media covered them, and analyze why …
Alexander V. Choate, Lewis F. Powell Jr
Alexander V. Choate, Lewis F. Powell Jr
Supreme Court Case Files
No abstract provided.
Symposium: National Security And Civil Liberties, Thomas I. Emerson
Symposium: National Security And Civil Liberties, Thomas I. Emerson
Cornell Law Review
No abstract provided.
Foreword: The Ever-Whirling Wheels Of American Federalism, John Minor Wisdom
Foreword: The Ever-Whirling Wheels Of American Federalism, John Minor Wisdom
Notre Dame Law Review
No abstract provided.
Surveying The Law Of Fee Awards Under The Attorney's Fees Awards Act Of 1976, Mark D. Boveri
Surveying The Law Of Fee Awards Under The Attorney's Fees Awards Act Of 1976, Mark D. Boveri
Notre Dame Law Review
No abstract provided.
Rethinking Novotny In Light Of United Brotherhood Of Carpenters & Joiners V. Scott: The Scope And Constitutionally Permissible Periphery Of Section 1985 (3), Taunya Lovell Banks
Rethinking Novotny In Light Of United Brotherhood Of Carpenters & Joiners V. Scott: The Scope And Constitutionally Permissible Periphery Of Section 1985 (3), Taunya Lovell Banks
Faculty Scholarship
No abstract provided.
Comparison Of Section 1983 And Federal Habeas Corpus In State Prisoners' Litigation, Maureen A. Dowd
Comparison Of Section 1983 And Federal Habeas Corpus In State Prisoners' Litigation, Maureen A. Dowd
Notre Dame Law Review
No abstract provided.
Parratt V. Taylor: Limitations On The Parratt Analysis In Section 1983 Actions, Timothy M. Maggio
Parratt V. Taylor: Limitations On The Parratt Analysis In Section 1983 Actions, Timothy M. Maggio
Notre Dame Law Review
No abstract provided.
Beyond Wainwright V. Sykes: Expanding The Role Of The Cause-And-Prejudice Test In Federal Habeas Corpus Actions, Marian J. Kent
Beyond Wainwright V. Sykes: Expanding The Role Of The Cause-And-Prejudice Test In Federal Habeas Corpus Actions, Marian J. Kent
Notre Dame Law Review
No abstract provided.
Privacy And The Sex Bfoq: An Immodest Proposal, Carolyn S. Bratt
Privacy And The Sex Bfoq: An Immodest Proposal, Carolyn S. Bratt
Law Faculty Scholarly Articles
Since the adoption of Title VII of the Civil Rights Act of 1964, courts have been called upon to determine whether an employer can avoid liability for refusing to hire employees of one sex by invoking the privacy rights of its customers. Two recent court decisions are illustrative of the question and its resolution. In Backus v. Baptist Medical Center, the defendant employer's policy of excluding male nurses from the labor and delivery section of its obstetrics and gynecology department was challenged. The defendant established that most of the duties of a labor and delivery nurse involve exposure to …