Law Commons^™

The Constitutionality Of Mandatory Public School Community Service Programs, Rodney A. Smolla

Law and Contemporary Problems

Constitutional challenges to community service programs may be divided into two generic types--those raised by students or parents who object to the requirement of community service, and those raised by students, parents, organizations, or agencies who object to the selection criteria used to include or exclude organizations or agencies eligible to participate in community service programs.

Civil Rights Act Of 1991: A Brief Introductory Analysis Of The Congressional Response To Judicial Interpretation, Ronald D. Rotunda

Notre Dame Law Review

No abstract provided.

Reagan Redux: Civil Rights Under Bush, Neal Devins

Notre Dame Law Review

No abstract provided.

First Amendment In A Hostile Environment: A Primer On Free Speech And Sexual Harassment, Jules B. Gerard

Notre Dame Law Review

No abstract provided.

Rights And Their Critics, Cass R. Sunstein

Notre Dame Law Review

No abstract provided.

Trivial Rights, Philip A. Hamburger

Notre Dame Law Review

No abstract provided.

Reasonable Approach To Excessive Force Cases Under Section 1983, Irene Prior Loftus, G. David Porter, J. Robert Suffoletta, Deanne M. Tomse

Notre Dame Law Review

No abstract provided.

Property As The Keystone Right?, Carol M. Rose

Notre Dame Law Review

No abstract provided.

Panel Remarks Civil Rights Division Association Symposium: The Civil Rights Division At Forty, Michael A. Middleton

Faculty Publications

Welcome to all of you to the second of our Symposia. This is the fortieth year of the Civil Rights Division. Our focus this morning will be the Division's past and where it should be going in the future.

Current Issues Regarding The Americans With Disabilities Act, John-Paul Motley

Vanderbilt Law Review

President George Bush, noting that "statistics consistently demonstrate that disabled people are the poorest, least educated, and largest minority in America," signed the Americans with Disabilities Act ("ADA") into law in 1990. The ADA prohibits private employers from discriminating against a "qualified individual with a disability" in employment decisions. The Act defines a disability in one of three ways: (1) a physical or mental impairment that substantially limits one or more major life activities; (2) a record of such an impairment; or (3) being regarded by others as having such an impairment. The ADA also prohibits employers from inquiring into …

The Verdict On Roberts V. Texaco, Angela Onwuachi-Willig

Faculty Scholarship

When I first heard that Bari-Ellen Roberts had written a book about the race discrimination lawsuit against Texaco, I was ecstatic. I was eager to read about the legal strategies that had resulted in the highest settlement award ever given in a class action race discrimination lawsuit. After reading the first few pages of the book, however, I became somewhat disappointed. The first few chapters made it clear that Roberts's book was not about the actual details of the class action lawsuit against Texaco but about Roberts's personal experiences at home, in school, and in the corporate world. As I …

Transcript: Responses To The Debate On Whether Congress Must End The Disenfranchisement Of The District Of Columbia , American University Law Review

American University Law Review

No abstract provided.

Anatomy Of An Affirmative Duty To Protect: 42 U.S.C. Section 1986, Linda E. Fisher

Washington and Lee Law Review

No abstract provided.

Transcript: Must Congress End The Disenfranchisement Of The District Of Columbia? A Constitutional Debate , American University Law Review

American University Law Review

No abstract provided.

Leveling The Playing Field: Reforming The Office For Civil Rights To Achieve Better Title Ix Enforcement, Sudha Setty

Faculty Scholarship

In this Article the Author discusses improving Title IX compliance in athletic programs by reforming the Office for Civil Rights ("OCR"), the agency within the Department of Education responsible for Title IX enforcement. The Author addresses several problem areas within OCR's procedures, including OCR's approach toward student grievances, its standards for assessing alleged Title IX violations, and its inadequate monitoring and enforcement of institutions in violation of Title IX.

Part I introduces the history of Title IX. Part II describes the legislation and regulations that mandate gender equity in educational institutions. Part III summarizes the case law that has affected …

Uprooting The Arguments Against Same-Sex Marriages, John Culhane

John G. Culhane

No abstract provided.

Mirabile Dictum! The Case For "Unnecessary" Constitutional Rulings In Civil Rights Damages Actions, John M. Greabe

John M Greabe

This article contends that, for purposes of settling the law, courts entertaining civil rights lawsuits doomed to fail on grounds of qualified immunity should presumably address the question whether the complaint pleads a viable claim that the defendant caused a violation of the plaintiff's federal rights. The article also contends that such "unnecessary" threshold rulings are not dicta.

Supervisory Liability In Section 1983 Cases, Kit Kinports

Journal Articles

The topic of this presentation is supervisory liability in Section 1983 cases. Assume for present purposes that a plaintiff's constitutional rights have been violated - that some state official has acted in violation of the Constitution. The question to be addressed here is whether that state official's supervisors can be held liable for damages stemming from the constitutional violation.

Balancing Efficiency And Justice: In Support Of The Equal Employment Opportunity Commission's Policy Statement Regarding Mandatory Arbitration And Employment Contracts , Gina K. Janeiro

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Justice For The Forgotten And Despised, David C. Leven

Touro Law Review

No abstract provided.

The Imposition Of The Death Penalty In The United States Of America: Does It Comply With International Norms?, Beverly Mcqueary Smith

Scholarly Works

No abstract provided.

Thirteen Stories, Anthony Paul Farley

Touro Law Review

No abstract provided.

Mirabile Dictum! The Case For 'Unnecessary' Constitutional Rulings In Civil Rights Damages Actions, John M. Greabe

Law Faculty Scholarship

This article contends that, for purposes of settling the law, courts entertaining civil rights lawsuits doomed to fail on grounds of qualified immunity should presumably address the question whether the complaint pleads a viable claim that the defendant caused a violation of the plaintiff's federal rights. The article also contends that such "unnecessary" threshold rulings are not dicta.

The Past, Present And Future Of Title Vi Of The Civil Rights Act As A Tool Of Environmental Justice, Michael B. Gerrard, Nicholas Johnson, Peggy Shepard, Melva J. Hayden, Sheila Foster, Elizabeth Georges

Faculty Scholarship

Mr. Michael Gerrard: I am going to try to do something a little unconventional. After hearing some remarks from Professor Johnson, I will try to start a dialogue. I have been requested to ask very tough questions of our panelists, so I will do that in the hope of drawing all of you in the audience into the dialogue. First, we will hear some remarks from Professor Nicholas Johnson of Fordham University School of Law.

Why Constitutional Torts Deserve A Book Of Their Own, Michael Wells, Thomas A. Eaton, Sheldon H. Nahmod

Seattle University Law Review

Over thirty years ago, Marshall Shapo coined the term "constitutional tort" to denote a suit brought against an official, charging a constitutional violation and seeking damages.' In the years since Shapo's pathbreaking article, the number of such suits has grown exponentially.' The suits have generated a host of new substantive and remedial issues, yet conventional casebooks on constitutional law and federal courts give little attention to the area. That Professor Shapiro had four books to include in his review of “Civil Rights” casebooks in the Seattle University Law Review is some indication of a demand for teaching materials currently unmet …

Collective Representation For The Disadvantaged: Variations In Problems Of Accountability, Ann Southworth

Fordham Law Review

No abstract provided.

53 Years In The Struggle For Equal Rights: An African-American Jurist's Life In The Law (Equal Justice Under The Law: An Autobiography By Constance Baker Motley), Lancelot B. Hewitt

Touro Law Review

No abstract provided.

Integrating Gender Into Legal Education: Obstacles And Challenges, Leonor Vain

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Hanging With The Wrong Crowd: Of Gangs, Terrorists, And The Right Of Association, David Cole

Georgetown Law Faculty Publications and Other Works

Part I will sketch the current contours of the right of association, a right limited to "expressive" and "intimate" association, and will describe the government's attempts to extend this categorical approach by limiting associational protection still further to membership per se. Part II will argue that the Court's limitation of associational rights to expressive and intimate associations and the government's attempt to distinguish association from conduct are unworkable, inconsistent with the Court's own precedents, and fail to reflect the normative reasons for protecting the right of association. Part III will offer an alternative framework for addressing the right of association, …

The Political Economy Of Recognition: Affirmative Action Discourse And Constitutional Equality In Germany And The U.S.A., Kendall Thomas

Faculty Scholarship

This paper undertakes a comparative exploration of affirmative action discourse in German and American constitutional equality law. The first task for such a project is to acknowledge an important threshold dilemma. The difficulty in question derives not so much from dissimilarities between the technical legal structures of German and American affirmative action policy. The problem stems rather from the different social grounds and groupings on which those legal structures have been erected. Because German "positive action"' applies only to women, gender and its cultural meanings have constituted the paradigmatic subject of the policy. The legal discussion of positive action has …