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Articles 1 - 14 of 14
Full-Text Articles in Law
True Lies: The Role Of Pretext Evidence Under Batson V. Kentucky In The Wake Of St. Mary's Honor Center V. Hicks, David A. Sutphen
True Lies: The Role Of Pretext Evidence Under Batson V. Kentucky In The Wake Of St. Mary's Honor Center V. Hicks, David A. Sutphen
Michigan Law Review
In the process of determining whether a peremptory strike is valid, lower courts rely on the TI.tie VII burden-shifting framework originally laid out by the Supreme Court in McDonnell Douglas Corp. v. Green As a result, the order and presentation of proof in Batson cases deliberately parallels the order and presentation of proof in TI.tie VII intentional discrimination suits. In light of this similarity, the Supreme Court's recent TI.tie VII ruling in St. Mary's Honor Center v. Hicks - that proof of pretext under the McDonnell Douglas framework is not the legal equivalent to proof of intentional discrimination - raises …
Filling The "Charter Gap": Human Rights Codes In The Private Sector, Gavin W. Anderson
Filling The "Charter Gap": Human Rights Codes In The Private Sector, Gavin W. Anderson
Osgoode Hall Law Journal
The author considers the capacity of the federal and provincial human rights codes to deal with human rights abuses in the private sector. He compares the social democratic potential of the codes, with the classical liberalism of Charter jurisprudence, which shields the private sector from constitutional scrutiny. Four case studies are used: the definition of "offered to the public," mandatory retirement, the rights of the poor, and systemic discrimination. It is concluded that there are important similarities between the codes and the Charter, both at an institutional design and a doctrinal level. As a result, the codes have been unable …
Further Evidence Of Discrimination In New Car Negotiations And Estimates Of Its Cause, Ian Ayres
Further Evidence Of Discrimination In New Car Negotiations And Estimates Of Its Cause, Ian Ayres
Michigan Law Review
A 1991 test of new car dealerships in Chicago indicated that dealerships offered significantly lower prices to white male testers than to similarly situated black and-or female testers: white female testers were asked to pay 40% higher markups than white male testers; black male testers were asked to pay more than twice the markup of white male testers; and black female testers were asked to pay more than three times the markup of white male testers. This article extends the results of this initial test by presenting not only more authoritative evidence of discrimination but also a new quantitative method …
Remark: Brown V. Board: Revisited, Michael A. Middleton
Remark: Brown V. Board: Revisited, Michael A. Middleton
Faculty Publications
[T]he Negro needs neither segregated schools nor mixed schools. What he needs is Education. What he must remember is that there is no magic, either in mixed schools or in segregated schools. A mixed school with poor and unsympathetic teachers, with hostile public opinion, and no teaching of truth concerning black folk, is bad. A segregated school with ignorant placeholders, inadequate equipment, poor salaries, and wretched housing, is equally bad. Other things being equal, the mixed school is the broader, more natural basis for the education of all youth. It gives wider contacts; it inspires greater self-confidence; and suppresses the …
Stark Karst, Richard Delgado
Stark Karst, Richard Delgado
Michigan Law Review
A Review of Law's Promise, Law's Expression: Visions of Power in the Politics of Race, Gender, and Religion by Kenneth L. Karst
Civil Rights: A Common And Continuing Struggle, Deval Patrick
Civil Rights: A Common And Continuing Struggle, Deval Patrick
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Social Justice And The Myth Of Fairness: A Communal Defense Of Affirmative Action, Phillip J. Closius
Social Justice And The Myth Of Fairness: A Communal Defense Of Affirmative Action, Phillip J. Closius
All Faculty Scholarship
This Article shall examine the characteristics of the current analytical framework by first examining some harmful effects resulting from the prioritization of fairness: excessive generalization, formalism and superficiality, and materialism. The Article will then examine in detail the Supreme Court's resolution of modern affirmative action issues. The Court has generated confusion and discord by applying simplistic concepts to complex problems and by adhering to the primacy of fairness in a context in which all interested parties claim that fairness favors their result. Finally, this Article will critique the Court's inability to provide a consistent doctrinal basis for discussing affirmative action …
Recent Case: Fourth Circuit Finds University Of Maryland Minority Scholarship Program Unconstitutional, Podberesky V. Kirwan, 38 F.3d 147 (4th Cir. 1994), Kimberly J. Robinson
Recent Case: Fourth Circuit Finds University Of Maryland Minority Scholarship Program Unconstitutional, Podberesky V. Kirwan, 38 F.3d 147 (4th Cir. 1994), Kimberly J. Robinson
Law Faculty Publications
In Podberesky v. Kirwan,4 the Fourth Circuit held that the University of Maryland at College Park (UMCP) denied Daniel Podberesky, a Hispanic/white student, equal protection of the laws by excluding him from consideration for the race-based Benjamin Banneker Scholarship Program. The program, the court held, was not narrowly tailored to remedy past discrimination at the University. In its analysis, however, the court applied only a portion of the applicable legal standard. A proper analysis of the program using the factors set forth in United States v. Paradise would have demonstrated that the program was narrowly tailored to address the racial …
Sexual Harassment On Campus: Does The Accused Have Any Rights?, Richard C. Cahn
Sexual Harassment On Campus: Does The Accused Have Any Rights?, Richard C. Cahn
Touro Law Review
No abstract provided.
Sexual Orientation: A Plea For Inclusion, Sharon E. Rush
Sexual Orientation: A Plea For Inclusion, Sharon E. Rush
UF Law Faculty Publications
White women and people of color have made significant scholarly contribution toward a better understanding of patriarchy and racial hegemony. Other outsider scholars, such as lesbians, gay men, and bisexuals, also have spoken out about how hegemony subordinates them to the dominant culture. That subordination creates a common pain of exclusion. All subordinated people should explore the sources of common pain that come from exclusion from the power and privilege generally enjoyed by members of the dominant culture.
The Price Of Landlord's "Free" Exercise Of Religion: Tenant's Rights To Discrimination-Free Housing And Privacy, Maureen E. Markey
The Price Of Landlord's "Free" Exercise Of Religion: Tenant's Rights To Discrimination-Free Housing And Privacy, Maureen E. Markey
Fordham Urban Law Journal
No precedent from the United States Supreme Court or other jurisprudence supports an individual, court-ordered free exerciseexemption for a landlord who violates the antidiscrimination laws while engaged in the business of rental housing. The fair housing laws are designed specifically to protect tenants from discrimination based on a landlord's personal biases. Although neither courts nor legislatures can dictate the morals of the marketplace, neither should they condone discriminatory acts that are clothed in the respectable shroud of the free exercise of religion. An exemption based not upon the landlord's own conduct, but on the landlord's disapproval of the presumed conduct …
The Myth Of The Superspade: The Persistence Of Racism In College Athletics, Timothy Davis
The Myth Of The Superspade: The Persistence Of Racism In College Athletics, Timothy Davis
Fordham Urban Law Journal
As is true of society in general, untrue stereotypes underlie the subtle forms of racism prevalent in college sport. Despite its covert nature, persistent racism in college athletics inflicts real injury on its African-American participants. Their academic needs suffer as a result of misconceptions propelled by myths concerning their intellectual and athletic abilities. Long-term solutions to the harm inflicted upon student- athletes and other African-American participants in college sport will require honest and creative approaches that may transcend traditional doctrinal boundaries. In the short term, this Article identifies potential approaches for providing some modicum of relief for the harm caused …
Eliminating Indian Stereotypes From American Society: Causes And Legal And Societal Solutions, Kim Chandler Johnson, John Terrence Eck
Eliminating Indian Stereotypes From American Society: Causes And Legal And Societal Solutions, Kim Chandler Johnson, John Terrence Eck
American Indian Law Review
No abstract provided.