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Articles 1 - 30 of 100
Full-Text Articles in Law
The Civil Rights Act Of 1991 And Disparate Impact: The Response To Factionalism, Donald O. Johnson
The Civil Rights Act Of 1991 And Disparate Impact: The Response To Factionalism, Donald O. Johnson
University of Miami Law Review
No abstract provided.
The Case Against Affirmative Action, Terry Eastland
The Case Against Affirmative Action, Terry Eastland
William & Mary Law Review
No abstract provided.
You've Built The Bridge, Why Don't You Cross It? A Call For State Labor Laws Prohibiting Private Employment Discrimination On The Basis Of Sexual Orientation, David E. Morrison
You've Built The Bridge, Why Don't You Cross It? A Call For State Labor Laws Prohibiting Private Employment Discrimination On The Basis Of Sexual Orientation, David E. Morrison
University of Michigan Journal of Law Reform
The call for legal reform to prevent discrimination on the basis of sexual orientation has been prevalent since at least the 1970s. Part I of this Note examines sexual orientation as a protected status at the federal and state level. Tracing the development of case law interpreting Title VII, it is evident that current federal laws have been of little use to gay men and lesbians. As a result, employment discrimination against homosexuals has been widespread. Part II of this Note discusses how the foundation for reform already has been created at the state level. This foundation began with state …
Not Just Another Brown Analysis: A Call For Public Education Reform, North Carolina Central Law Review
Not Just Another Brown Analysis: A Call For Public Education Reform, North Carolina Central Law Review
North Carolina Central Law Review
No abstract provided.
The Survival Of Racism Under The Constitution, Juan Williams
The Survival Of Racism Under The Constitution, Juan Williams
William & Mary Law Review
No abstract provided.
Retroactive Application Of The Civil Rights Act Of 1991, Kristine N. Mcalister
Retroactive Application Of The Civil Rights Act Of 1991, Kristine N. Mcalister
Vanderbilt Law Review
On November 21, 1991, President Bush signed the Civil Rights Act of 1991 (the "Act") into law. The Act contained a general section stating that its provisions should take effect upon enactment. What the Act did not do, however, is indicate whether it should apply to cases pending at the time of its enactment. Since the Act is more favorable to plaintiffs than was its predecessor, plaintiffs whose cases were pending at the time of its enactment have attempted to amend their complaints to benefit from the new Act's provisions. Congress's failure to indicate whether the Act should apply to …
Equity In Public Education: School-Finance Reform In Michigan, William S. Koski
Equity In Public Education: School-Finance Reform In Michigan, William S. Koski
University of Michigan Journal of Law Reform
This Note argues that the only adequate compromise between the pressure to limit taxes and the need to provide both educational quality and equity is to institute a form of full-state funded education. Part I of this Note briefly defines equity in public education and discusses the importance of increasing equity. Part II discusses other values and concerns that arise in the school-finance debate, such as liberty, local control, efficiency, and quality of education. Part III considers several fundamental school-finance alternatives. Part IV provides a historical overview of Michigan school finance reform and a description of the current State School …
Eliminating Fear Through Comparative Risk: Docs, Aids And The Anti-Discrimination Ideal, Sidney D. Watson
Eliminating Fear Through Comparative Risk: Docs, Aids And The Anti-Discrimination Ideal, Sidney D. Watson
Buffalo Law Review
No abstract provided.
The Older Workers Benefit Protection Act: Painting Age-Discrimination Law With A Watery Brush, David A. Niles
The Older Workers Benefit Protection Act: Painting Age-Discrimination Law With A Watery Brush, David A. Niles
Buffalo Law Review
No abstract provided.
Discrimination In The Legal Profession, Codes Of Professional Conduct And The Duty Of Non-Discrimination, Christ Tennant
Discrimination In The Legal Profession, Codes Of Professional Conduct And The Duty Of Non-Discrimination, Christ Tennant
Dalhousie Law Journal
This paper is about discrimination in the legal profession, and about the kinds of responses to discrimination that the legal profession should be considering. I begin with a review of the various forms of discrimination which exist in the legal profession. Discrimination in the legal profession ranges from the exclusion of the members of certain groups from parts of the profession, to sexual harassment, to discrimination in our courts, to the exclusion and deprecation of the perspectives and experiences of those who have not traditionally beenin positions of power. Discrimination in the legal profession occurs against women, against aboriginal people, …
Public Housing And Equality Rights - Dartmouth/Halifax County Regional Housing Authority V. Irma Sparks, Stephen G. Coughlan
Public Housing And Equality Rights - Dartmouth/Halifax County Regional Housing Authority V. Irma Sparks, Stephen G. Coughlan
Dalhousie Law Journal
In Dartmouth/HalifaxCounty Regional Housing Authority v. Sparks, courts in Nova Scotia are once again called upon to consider whether tenants in public housing are entitled to the same protection as private tenants. The Supreme Court Appeal Division decided in Bernard v. Dartmouth Housing Authority that shorter notice periods for public housing tenants were not objectionable, under either s. 7 or s. 15 of the Charter. The issue will now return to the Court of Appeal, but in the meantime the County Court has held that Bernard still sets the standard in Nova Scotia.
Aboriginal Peoples And Criminal Justice: A Special Report Of The Law Reform Commission Of Canada, Bruce P. Archibald
Aboriginal Peoples And Criminal Justice: A Special Report Of The Law Reform Commission Of Canada, Bruce P. Archibald
Dalhousie Law Journal
Canada's criminal justice system has been shaken out of its stolid complacency in recent years by demonstrated instances of unfair treatment of religious, ethnic and racial minorities, and in particular our Aboriginal peoples.' Faced with a hue and cry directed at the justice system, the federal Minister of Justice asked the Law Reform Commission of Canada to study "as a matter of special priority, the Criminal Code and related statutes and to examine the extent to which those laws ensure that Aboriginal persons and persons who are members of cultural or religious minorities have equal access to justice and are …
Elements Of Liberal Equality: Introduction To Kirp, Hochschild, And Strauss, Lawrence C. Becker
Elements Of Liberal Equality: Introduction To Kirp, Hochschild, And Strauss, Lawrence C. Becker
William & Mary Law Review
No abstract provided.
Where's The Politics?: Introduction To Williams, Eastland, Days, And Rabkin, Neal Devins
Where's The Politics?: Introduction To Williams, Eastland, Days, And Rabkin, Neal Devins
William & Mary Law Review
No abstract provided.
Brown Blues: Rethinking The Integrative Ideal, Drew S. Days Iii
Brown Blues: Rethinking The Integrative Ideal, Drew S. Days Iii
William & Mary Law Review
No abstract provided.
The Word American Ends In "Can": The Ambiguous Promise Of The American Dream, Jennifer L. Hochschild
The Word American Ends In "Can": The Ambiguous Promise Of The American Dream, Jennifer L. Hochschild
William & Mary Law Review
No abstract provided.
An Administrative Battle Of The Forms: The Eeoc's Intake Questionnaire And Charge Of Discrimination, Laurie M. Stegman
An Administrative Battle Of The Forms: The Eeoc's Intake Questionnaire And Charge Of Discrimination, Laurie M. Stegman
Michigan Law Review
This Note argues that the EEOC's interpretation of Title VII as reflected in its regulations is consistent with underlying statutory intent and strikes an appropriate balance between the needs of employers and employees. Therefore, Congress should amend section 706(b) of Title VII of the Civil Rights Act of 1964 to provide that a charge must be verified prior to the commencement of an EEOC investigation but not necessarily within the statutory filing period. Part I examines the legislative history of Title VII and its integrated procedures for obtaining administrative and judicial relief. Part II critiques the various ways in which …
Severino V. North Fort Myers Fire Control District: Aids Discrimination In The Workplace-Will Disclosure Leave Hiv-Infected Workers Jobless?, Yvette Ostolaza
Severino V. North Fort Myers Fire Control District: Aids Discrimination In The Workplace-Will Disclosure Leave Hiv-Infected Workers Jobless?, Yvette Ostolaza
University of Miami Law Review
No abstract provided.
Adea Front Pay Awards: Who Should Determine The Amount?, B. Todd Bailey
Adea Front Pay Awards: Who Should Determine The Amount?, B. Todd Bailey
BYU Law Review
No abstract provided.
Statistics For Wage Discrimination Cases: Why The Statistical Models Used Cannot Prove Or Disprove Sex Discrimination, James T. Mckeown
Statistics For Wage Discrimination Cases: Why The Statistical Models Used Cannot Prove Or Disprove Sex Discrimination, James T. Mckeown
Indiana Law Journal
No abstract provided.
Eliminating Sex Discrimination In The Legal Profession: The Key To Widespread Social Reform, Suzannah Bex Wilson
Eliminating Sex Discrimination In The Legal Profession: The Key To Widespread Social Reform, Suzannah Bex Wilson
Indiana Law Journal
No abstract provided.
Employment Discrimination, John F. Dickinson, F. Damon Kitchen
Employment Discrimination, John F. Dickinson, F. Damon Kitchen
Mercer Law Review
Two trends in the area of employment discrimination law continued during the 1991 survey period. First, there was a continuation of an overall decrease in the number of cases decided. Second, there was a continuation of the trend toward an increased number of age discrimination claims. The overall decline in the number of cases will most likely change dramatically as a result of passage of the Civil Rights Act of 1991. Nevertheless, both the United States Court of Appeals for the Eleventh Circuit and the United States Supreme Court handed down a number of important decisions addressing a variety of …
Police Implementation Of Supreme Court Of Canada Charter Decisions: An Empirical Study, Kathryn Moore
Police Implementation Of Supreme Court Of Canada Charter Decisions: An Empirical Study, Kathryn Moore
Osgoode Hall Law Journal
Little empirical research has been done on the Charter's impact on the public policy process. This paper presents the results of an empirical research study designed to fill that gap. The study examined the manner in which a municipal police force and the RCMP implemented changes to procedures following two Supreme Court of Canada Charter decisions. The paper concludes that, while steps have been taken to develop a process by which Supreme Court decisions are implemented, the process would be improved if one body were allocated responsibility for the provision of interim information to the police.
Equality And Access To Justice In The Work Of Bertha Wilson, Hester Lessard
Equality And Access To Justice In The Work Of Bertha Wilson, Hester Lessard
Dalhousie Law Journal
Increasingly, Canadians have sought to understand themselves as a community through the language of equality rights. There are several practical and theoretical consequences to this choice of language. One of the practical consequences is that a formal commitment to equality raises public consciousness with regard to material and social disparities and to some extent gives those who are excluded or marginalized at least a rhetorical claim to participation and a share in resources. However, another consequence is that while promoting a rhetoric of respect and individual dignity, equality discourse also places a disproportionate amount of power in the hands of …
Tester Standing Under Title Vii, Shannon E. Brown
Tester Standing Under Title Vii, Shannon E. Brown
Washington and Lee Law Review
No abstract provided.
Retroactive Application Of The Civil Rights Act Of 1991 To Pending Cases, Michele A. Estrin
Retroactive Application Of The Civil Rights Act Of 1991 To Pending Cases, Michele A. Estrin
Michigan Law Review
This Note addresses the applicability of the Civil Rights Act of 1991 to cases pending on the Act's date of enactment. Part I discusses current Supreme Court doctrine on the issue. This Part finds that the Court has endorsed two conflicting views on retroactively applying statutes to pending cases and that the lower federal courts consequently lack a principled framework for dealing with retroactivity issues in the 1991 Act. Part II describes the battle over the Civil Rights Acts of 1990 and 1991 and the subsequent confusion over the enacted statute's reach. This Part finds that Congress provided conflicting textual …
Polarized Voting And The Political Process: The Transformation Of Voting Rights Jurisprudence, Samuel Issacharoff
Polarized Voting And The Political Process: The Transformation Of Voting Rights Jurisprudence, Samuel Issacharoff
Michigan Law Review
This article attempts to provide an analytic framework for the evolved voting rights law as it confronts the persistent effects of racial factionalism in the electoral arena. Insight into the corrosiveness of racially polarized voting and its frustration of minority electoral opportunity has organized and guided the new voting rights jurisprudence. This article will argue that the combination of process distortions from majority domination of electoral outcomes and substantive deprivation from minority exclusion defines this area of law and protects it against challenge from currently fashionable academic currents. The central insights gathered from the focus on polarized voting, I will …
Rhetorical Slavery, Rhetorical Citizenship, Gerald L. Neuman
Rhetorical Slavery, Rhetorical Citizenship, Gerald L. Neuman
Michigan Law Review
A Review of American Citizenship: The Quest for Inclusion by Judith N. Shklar
Illiberal Education: The Politics Of Race And Sex On Campus, Bruce Goldner
Illiberal Education: The Politics Of Race And Sex On Campus, Bruce Goldner
Michigan Law Review
A Review of Illiberal Education: The Politics of Race and Sex on Campus by Dinesh D'Souza
Whose World And How?, Milner S. Ball
Whose World And How?, Milner S. Ball
Michigan Law Review
A Review of Rethinking the American Race Problem by Roy L. Brooks