Law Commons^™

Competency Testing Programs: Legal And Educational Issues , Merle Steven Mcclung

Fordham Law Review

No abstract provided.

Title Vii And The Continuing Violation Theory: A Return To Congressional Intent, Janis Roney Edinburgh

Fordham Law Review

No abstract provided.

Book Review, Elaine W. Shoben

Scholarly Works

Quantitative Methods in Law represents the efforts of one legal scholar to apply mathematical probability and statistics to the solution of a wide range of legal problems. Michael O. Finkelstein has republished in book form a collection of his articles, beginning with his most famous and most widely cited: the application of mathematical probability to jury discrimination cases. After leading the reader through a series of fascinating applications of statistical problem solving to an impressively wide range of legal situations, the book concludes with the final words of one of the most engaging battles among legal scholars in recent years: …

Discrimination Against Children In Rental Housing: A California Perspective, Baxter Dunaway, Timothy J. Blied, Timothy J. Blied

Santa Clara Law Review

No abstract provided.

Consent Decrees: Can They Withstand The Charge Of Reverse Discrimination, Evet Abt

Santa Clara Law Review

No abstract provided.

Discrimination As A Field Of Law, Arthur Larson

Faculty Scholarship

No abstract provided.

Discriminatory Effect And The Fair Housing Act, Robert G. Schwemm

Law Faculty Scholarly Articles

This article addresses the question of whether housing practices that produce discriminatory effects violate the Fair Housing Act. The language and legislative history of the statute are examined, the analogy to employment discrimination law is explored, and the principal Title VIII cases are considered in an effort to determine just what racial discrimination is under the Fair Housing Act. This analysis leads to a suggested approach for evaluating Title VIII cases that are based on discriminatory effect, including how such an effect may be shown by the plaintiff and what significance such a showing should have in terms of the …

Book Reviews, George A. Hay, H. Michael Mann, Teresa Amott

Vanderbilt Law Review

Book Reviews:

The Antitrust Penalties: A Study in Law and Economics By Kenneth G. Elzinga and William Breit

Reviewed by George A. Hay

The Antitrust Penalties was published in 1976. Its main mes-sage is that the only efficient antitrust penalty is a heavy fine and that incarceration comes out poorly by any benefit-cost standard.Later that year, in a celebrated and possibly unprecedented appearance, newly appointed Assistant Attorney General Donald I. Baker argued before a federal district judge that jail sentences were the appropriate penalty for a group of defendants who had just been convicted in one of the major price-fixing …

Processing The Explosion In Title Vii Class Action Suits: Achieving Increased Compliance With Federal Rule Of Civil Procedure 23(A), Earle K. Shawe

William & Mary Law Review

No abstract provided.

Illegitimacy And Veterans' Benefits Legislation, C. Christopher Brown

Faculty Scholarship

No abstract provided.

Recent Developments

American Indian Law Review

No abstract provided.

Village Of Arlington Heights V. Metropolitan Housing Development Corp., 97 S. Ct. 555 (1977), Karen K. Kinkennon

Florida State University Law Review

Zoning- DISCRIMINATORY INTENT MUST BE PROVED BEFORE COURTS MAY REACH FOURTEENTH AMENDMENT EQUAL PROTECTION ISSUES.

Title Vii Consent Decrees: Affirmative Inaction, Barbara Spector

Santa Clara Law Review

No abstract provided.

Private Causes Of Action Under Federal Agency Nondiscrimination Statutes, Julia C. Lamber

Articles by Maurer Faculty

Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race in programs and activities receiving federal financial assistance. Similarly Title IX of the Education Amendments of 1972 prohibits sex discrimination in federally funded education programs or activities. Although the effect of Title VI has been felt primarily in education, the statutory prohibition applies to any federally funded activity, public or private, including hospitals, social service and welfare agencies, law enforcement agencies, housing, and recreational programs. Both statutes provide for administrative enforcement against prohibited activities. This article explores the question of whether a private cause …

Women At The Bar—A Generation Of Change, Ruth Bader Ginsburg

Seattle University Law Review

This lecture, delivered at the University of Puget Sound School of Law, addresses the evolving role of women in the legal profession.

Challenging New York Grand Jury Composition: The Barrier Of The "Systematic And Intentional Exclusion" Requirement, Pearl Zuchlewski

Fordham Urban Law Journal

Note examines the statutory law which provides for a grand jury in New York, the background of federal constitutional requirements, and New York court decisions which have interpreted the statutes when defendants or witnesses have challenged a grand jury for failing to conform to "the very idea of a jury," which is a body "composed of the peers or equals of the persons whose rights it is selected or summoned to determine his neighbors, fellows and associates.

Labor Law- Seniority Rules- An Otherwise Bona Fide Seniority System That Perpetuates Effects Of Pre-Title Vii Discrimination Is Not Unlawful , Marjorie London

Fordham Urban Law Journal

Article summarizes International Brotherhood of Teamsters v United States and says that the Supreme Court has carved out an exception to the mandate of the Civil Rights Act that the courts remedy the effects of past employment discrimination that has produced a result that is contrary to the framework and intent of the Act.

Time Limitations On The Filing Of Title Vii Suits By The Equal Employment Opportunity Commission

Washington and Lee Law Review

No abstract provided.

Age Discrimination In Employment: The 1978 Adea Amendments And The Social Impact Of Aging, Thomas J. Reed

Thomas J Reed

No abstract provided.

Hospital Medical Staff: When Are Privilege Denials Judicially Reviewable?, David Hejna

University of Michigan Journal of Law Reform

The relationship between a hospital and its medical staff is unique. Most physicians serving as hospital staff are not salaried employees . Rather, they use hospital facilities to care for their patients pursuant to "staff privileges" granted by the hospital's board of governors. Staff privileges at one area hospital are practically indispensable for the modern physician, and privileges at a conveniently located hospital are considered important. By extending staff privileges the hospital benefits from having a staff large enough to ensure maximum use of its facilities. The public benefits when an adequate number of qualified physicians have access to hospital …

Developing "Tort" Standards For The Award Of Mental Distress Damages In Statutory Discrimination Actions, Harold J. Rennett

University of Michigan Journal of Law Reform

The relation between tort remedies and discrimination has been examined extensively, yet there has been little consideration of this relationship with respect to appropriate evidentiary standards for the award of mental distress damages in discrimination cases. This article will consider such standards. After briefly tracing the history of mental distress award standards in discrimination cases, this article will critically examine present compensatory approaches in such cases and suggest an alternative philosophy more consonant with tort compensation principles.

Illegitimates And Equal Protection, David Hallissey

University of Michigan Journal of Law Reform

Illegitimates often have been discriminated against by legislatures in the enactment of statutes, as well as by courts which have sanctioned such legislation. This article will examine the judicial response to legislative treatment of the illegitimate in social insurance, loss compensation, and intestacy statutes. Emphasizing the Supreme Court's analysis of the legal status of illegitimates in terms of the equal protection clause, it will also discuss how the principle of equal protection may be applied in order to reduce the number of illegitimates denied the benefit and protection of the law.

American And British Employment Discrimination Law: An Introductory Comparative Survey, Robert N. Covington

Vanderbilt Journal of Transnational Law

Age, alienage, ethnicity, race, religion, and sex lead to differential treatment of individuals the world over. Employment discrimination is felt most acutely in those industrialized nations where one's income level is the major determinant of so many other things: where one lives, what one wears, how one's children are educated. Concern over the social and economic consequences of employment discrimination has led to the development of new legal techniques on both sides of the Atlantic. The recent enactment in Britain of the Sex Discrimination Act, 1975, and the Race Relations Act, 1976, invites a comparison of those statutes and related …

The Statute Of Limitations In The Fair Housing Act: Trap For The Unwary, Edward Phillips Nickinson, Iii

Florida State University Law Review

No abstract provided.

The Effects Test: New Directions, David C. Hsia

Santa Clara Law Review

No abstract provided.

Administrative And Judicial Nullification Of Federal Affirmative Action Law, Russell W. Galloway Jr.

Santa Clara Law Review

No abstract provided.

Anti-Sex Discrimination Laws: A Mandate For The Redistribution Of Social Resources Based Upon The Emerging Constitutional And Statutory Equality Of The Sexes

Nova Law Review

Not since the era when feminists such as Susan B. Anthony and Elizabeth Cady Stanton fought for women to attain the right to vote, receive an education, and own property has the women's movement achieved its present potentiality for revolutionizing the basic tenets of our social structure.

Constitutional Rights And Land Use Planning: The New And The Old Reality, Robert R. Wright

Faculty Scholarship

No abstract provided.

Aliens' Right To Work: State And Federal Discrimination, Denny Chin

Fordham Law Review

No abstract provided.

Chapters Of The Civil Jury, Doug R. Rendleman

Faculty Publications

The civil jury, though constitutionally protected by the seventh amendment, has remained a controversial institution throughout much of Anglo-American legal history. Our romantic ideals are questioned by critics who view the civil jury as prejudiced and unpredictable; proponents note the sense of fairness and "earthy wisdom" gained by community participation in the legal process. This debate surfaces in the process of accommodation between certain substantive goals of the law and the pre-verdict and post-verdict procedural devices courts have employed to control the jury. In this article, Professor Rendleman examines this conflict in his three "chapters" involving racially motivated discharges of …