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1986

Civil rights

Articles 1 - 10 of 10

Full-Text Articles in Law

Daniels. Davidson And The Unlearned Lesson Of Parratt V. Taylor: Eliminating Simple Negligence As A Basis For Procedural Due Process Claims (If At First You Don't Succeed, Overrule It), Laura A. Yustak Dec 1986

Daniels. Davidson And The Unlearned Lesson Of Parratt V. Taylor: Eliminating Simple Negligence As A Basis For Procedural Due Process Claims (If At First You Don't Succeed, Overrule It), Laura A. Yustak

Notre Dame Law Review

No abstract provided.

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Civil Rights Attorney's Fees: Hensley's Path To Confusion, Tim K. Garrett Mar 1986

Civil Rights Attorney's Fees: Hensley's Path To Confusion, Tim K. Garrett

Vanderbilt Law Review

Congress enacted the Civil Rights Attorney's Fees Act (Fees Act)" to promote more vigorous enforcement of the civil rights laws by attracting competent legal counsel to represent civil rights plaintiffs. To achieve this goal the Fees Act allows courts to award attorney's fees to prevailing plaintiffs in civil rights cases.' The statute, however, entails an inherent tension: the Fees Act's primary aim of compensating prevailing plaintiffs' attorneys "'for all time reasonably expended on a matter' ,, conflicts with the desire to prevent windfalls to attorneys. This conflict is especially keen when a civil rights plaintiff only partially prevails," because the …

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Human Rights In Africa: Observations On The Implications Of Economic Priority, Minasse Haile Jan 1986

Human Rights In Africa: Observations On The Implications Of Economic Priority, Minasse Haile

Vanderbilt Journal of Transnational Law

Serious internal obstacles also block adequate realization of civil and political rights in Africa. The colonial legacy, rising popular expectations for a better life, subversion from abroad and the absence of strong national cohesion will engender political instability in African political systems that give free rein to the exercise of civil and political rights. Moreover, even if one assumes a democratic political system would be viable politically, that system may succumb to demands for increased consumption rather than promote adequate investment in infrastructure. In either event, democratic political systems will tend to be unstable, with the result that economic development …

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The Fair Housing Act And "Discriminatory Effect": A New Perspective, Frederic S. Schwartz Jan 1986

The Fair Housing Act And "Discriminatory Effect": A New Perspective, Frederic S. Schwartz

Nova Law Review

The Fair Housing Act, Title VIII of the Civil Rights Act of 1968, prohibits discrimination in housing.

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Cleburne: An Evolutionary Step In Equal Protection Analysis Jan 1986

Cleburne: An Evolutionary Step In Equal Protection Analysis

Maryland Law Review

No abstract provided.

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Remedying Underinclusive Statutes, Candace Kovacic-Fleischer Jan 1986

Remedying Underinclusive Statutes, Candace Kovacic-Fleischer

Articles in Law Reviews & Other Academic Journals

INTRODUCTION: A California employer who does not want to comply with California's mandatory unpaid pregnancy leave statute has reached the United States Supreme Court. The employer seeks to have the statute invalidated, claiming it is preempted by the Pregnancy Discrimination Act of Title VII of the Civil Rights Act of 1964. The employer is arguing that the California pregnancy leave act is fatally underinclusive because it does not provide similar employment protection for workers with short-term disabilities. The district court agreed with the employer; the court of appeals did not.

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Korematsu Revisited - Correcting The Injustice Of Extraordinary Government Excess And Lax Judicial Review: Time For A Better Accommodation Of National Security Concerns And Civil Liberties, Eric K. Yamamoto Jan 1986

Korematsu Revisited - Correcting The Injustice Of Extraordinary Government Excess And Lax Judicial Review: Time For A Better Accommodation Of National Security Concerns And Civil Liberties, Eric K. Yamamoto

Santa Clara Law Review

No abstract provided.

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Civil Rights: Determining The Appropriate Statute Of Limitations For Section 1983 Claims, Lee L. Cameron Jan 1986

Civil Rights: Determining The Appropriate Statute Of Limitations For Section 1983 Claims, Lee L. Cameron

Notre Dame Law Review

No abstract provided.

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General Principles Of Civil Law Of The People's Republic Of China (Translation), Whitmore Gray, Henry R. Zheng Jan 1986

General Principles Of Civil Law Of The People's Republic Of China (Translation), Whitmore Gray, Henry R. Zheng

Articles

(Adopted April 12, 1986, at the Fourth Session of the Sixth National People's Congress, to take effect on January 1, 1987.)'

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Stotts' Denial Of Hiring And Promotion Preferences For Nonvictims: Draining The "Spirit" From Title Vii, Mary C. Daly Jan 1986

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 …

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