Law Commons^™

Bakke & The Politics Of Equality, Paul V. Timmins

Michigan Law Review

A Review of Bakke & the Politics of Equality by Timothy J. O'Neill

Integrity And Circumspection: The Labor Law Vision Of Bernard D. Meltzer, Theodore J. St. Antoine

Articles

Bernard Meltzer has testified under oath that he "rarely take[s] absolute positions." The record bears him out. While his colleagues among labor law scholars often strain to demonstrate that the labor relations statutes and even the Constitution support their hearts' desires, the typical Meltzer stance is one of cool detachment, pragmatic assessment, and cautious, balanced judgment. The "itch to do good," Meltzer has remarked wryly, "is a doubtful basis for jurisdiction" -or, he would likely add, for any other legal conclusion. In this brief commentary I propose to examine the Meltzer approach to four broad areas of labor law: (1) …

Stotts' Denial Of Hiring And Promotion Preferences For Nonvictims: Draining The "Spirit" From Title Vii, Mary C. Daly

Fordham Urban Law Journal

The author questions whether the dicta in a recent Supreme Court case, Local Union No. 1784 v. Stotts, effectively narrow the scope of relief available under Title VII to non-victims. Specifically, the Court addressed affirmative action and the possible reparations under a Title VII employment race discrimination class action. The dicta in question appear to limit courts' ability to grant relief to "non-victims" (individuals who were not named parties in an employment discrimination suit) in the form of consent decrees or post-trial injunctive relief. The author examines Supreme Court caselaw on affirmative action, the legislative history of the 1964 Civil …

Title Vii V. Seniority: The Supreme Court Giveth And The Supreme Court Taketh Away, Berta E. Hernández-Truyol

UF Law Faculty Publications

Congress intended to solve the widespread problem of nonegalitarian hiring practices by enacting title VII of the Civil Rights Act of 1964 (the Act), during the apogee of the civil rights era. The Act represented a national commitment to end discrimination and to promote equality in employment. The enactment of title VII spawned extensive commentary on the effect of facially neutral employment practices that perpetuated pre-Act discrimination. Particular controversy arose concerning the application of seniority rules to blacks in jobs or seniority units from which they previously had been excluded because of their race.

The problem of accommodating seniority systems …