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Civil Rights and Discrimination Commons™
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- United States Supreme Court (7)
- Affirmative action (4)
- Department of Justice Office of Legal Policy (4)
- Law reform (4)
- Section 1983 (4)
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- Truth in Criminal Justice Series (4)
- Arrest (2)
- City of Richmond v. J.A. Croson Co. (2)
- Congress (2)
- Constitution (2)
- Death penalty (2)
- Federal courts (2)
- Fifth Amendment (2)
- Fourteenth amendment (2)
- Habeas Corpus (2)
- Harlow v. Fitzgerald (2)
- Litigation (2)
- Minorities (2)
- Minority (2)
- NAACP (2)
- Race and law (2)
- Racial discrimination (2)
- Section 1981 (2)
- Violation (2)
- 1983 litigation (1)
- 1988-89 Term (1)
- Actionable (1)
- Amicus brief (1)
- Anderson v. Creighton (1)
- Arlington Heights (1)
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Articles 1 - 22 of 22
Full-Text Articles in Civil Rights and Discrimination
Constitutional Law—Civil Rights—State's Failure To Protect Child From Known Abuse Does Not Trigger Liability Under Section 1983. Deshaney V. Winnebago County Department Of Social Services, 109 S. Ct. 998 (1989)., Sarah J. Hefley
University of Arkansas at Little Rock Law Review
No abstract provided.
Habeas Corpus Committee - Correspondence, Lewis F. Powell, Jr.
Habeas Corpus Committee - Correspondence, Lewis F. Powell, Jr.
Habeas Corpus Committee
No abstract provided.
Federal Habeas Corpus Review Of State Judgments, Department Of Justice Office Of Legal Policy
Federal Habeas Corpus Review Of State Judgments, Department Of Justice Office Of Legal Policy
University of Michigan Journal of Law Reform
This Report carries out a review of the historical development of the federal habeas corpus jurisdiction; examines its contemporary character and operation; and discusses relevant policy considerations. The Report concludes that federal habeas corpus as a post-conviction remedy for state prisoners should be abolished or limited as far as possible. The limited reform proposals that were passed by the Senate in 1984 and that are currently before Congress as Title II of the proposed Criminal Justice Reform Act provide the best immediate prospect for improvement.
Double Jeopardy And G0vernment Appeals Of Acquittals, Department Of Justice Office Of Legal Policy
Double Jeopardy And G0vernment Appeals Of Acquittals, Department Of Justice Office Of Legal Policy
University of Michigan Journal of Law Reform
As part of a continuing series of papers on impediments to the search for truth in criminal investigation and adjudication, the Office of Legal Policy has carried out a review of the law governing double jeopardy prohibitions on federal government appeals of criminal acquittals. These prohibitions undermine the search for truth in criminal adjudication by allowing some wrongly acquitted, culpable individuals to go unpunished. The results of our review are set out in this Report.
The Sixth Amendment Right To Counsel Under The Massiah Line Of Cases, Department Of Justice Office Of Legal Policy
The Sixth Amendment Right To Counsel Under The Massiah Line Of Cases, Department Of Justice Office Of Legal Policy
University of Michigan Journal of Law Reform
The sixth amendment guarantees to the accused in a criminal prosecution the right "to have the Assistance of Counsel for his defence." In Massiah v. United States, the Supreme Court held this right was violated when there was used against the defendant at trial evidence of incriminating statements deliberately elicited from him by an informant after he had been indicted and in the absence of counsel. In effect, this decision and others that 'followed have created a new constitutional right not to be questioned about pending charges prior to trial except in the presence of an attorney.
One consequence …
Adverse Inferences From Silence, Department Of Justice Office Of Legal Policy
Adverse Inferences From Silence, Department Of Justice Office Of Legal Policy
University of Michigan Journal of Law Reform
This Report, the eighth in the Truth in Criminal Justice series, assesses the rules relating to the evidentiary consideration of the defendant's silence. Its general conclusion is that the existing restrictive rules in this area are unjustified impediments to the search for truth. The notion that the fifth amendment's prohibition of compelling a person in a criminal case to be a witness against himself bars drawing adverse inferences from the defendant's silence is not well-founded. In practical effect, these rules impede the conviction of the guilty by barring consideration of an aspect of the defendant's conduct-his failure to respond to …
Decoding Richmond: Affirmative Action And The Elusive Meaning Of Constitutional Equality, Michel Rosenfeld
Decoding Richmond: Affirmative Action And The Elusive Meaning Of Constitutional Equality, Michel Rosenfeld
Michigan Law Review
This Article first briefly considers the conceptual and constitutional framework out of which the controversy in Croson emerges. Next, the Article turns to Croson itself, and focuses on the Court's adoption of the strict scrutiny test, on the disagreement among the Justices concerning the test's meaning and implications, and on the Court's use of decontextualization to manipulate the key conceptual and factual issues at stake. Finally, drawing upon the principle of equality of opportunity, the Article endeavors to demonstrate how the adoption of particular principles of substantive equality can lead to a comprehensive and coherent constitutional resolution of the affirmative …
Arguments Appealing To Racial Prejudice: Uncertainty, Impartiality, And The Harmless Error Doctrine, Steven D. Debrota
Arguments Appealing To Racial Prejudice: Uncertainty, Impartiality, And The Harmless Error Doctrine, Steven D. Debrota
Indiana Law Journal
No abstract provided.
Problematic Standards Of Reasonableness: Qualified Immunity In Section 1983 Actions For A Police Officer's Use Of Excessive Force, Kathryn R. Urbonya
Problematic Standards Of Reasonableness: Qualified Immunity In Section 1983 Actions For A Police Officer's Use Of Excessive Force, Kathryn R. Urbonya
Faculty Publications
No abstract provided.
Let's Re-Do Runyon: Questions To Guide Justice White; Response, Theodore Eisenberg
Let's Re-Do Runyon: Questions To Guide Justice White; Response, Theodore Eisenberg
Cornell Law Faculty Publications
What Shapes Perceptions Of The Federal Court System?, Theodore Eisenberg, Stewart J. Schwab
What Shapes Perceptions Of The Federal Court System?, Theodore Eisenberg, Stewart J. Schwab
Cornell Law Faculty Publications
Two hundred years is a long time. It is too long after formation of a court system to ask such basic questions as (1) what cases occupy the system, and (2) whether even informed professionals have a reasonable picture of what goes on within the system. Nonetheless, continuing debate about the volume and makeup of litigation in general and of federal court litigation in particular requires legal scholars to address these questions. Professor Marc Galanter's work on the litigation explosion questions central assumptions about the nature and growth of the federal docket. Our prior work undermines widely held views about …
Mastery, Slavery, And Emancipation, Guyora Binder
Mastery, Slavery, And Emancipation, Guyora Binder
Journal Articles
Hegel's dialectic of master and slave in the Phenomenology of Mind portrays a master unable to win genuine recognition from a slave because unwilling to confer it. The dialectic implies that freedom has to be conceived as association based on mutual respect, rather than independence. This article offers a communitarian interpretation of emancipation inspired by Hegel's dialectic of master and slave. It proceeds from an account of slave society which, like Hegel's dialectic, equates slavery with the denial of social recognition. This account argues that the experience of slave society led both the masters and the slaves to conceive of …
Ii. Constitutional Law & Civil Rights
Ii. Constitutional Law & Civil Rights
Washington and Lee Law Review
No abstract provided.
Circumventing Racism: Confronting The Problem Of The Affirmative Action Ideology, Christopher T. Wonnell
Circumventing Racism: Confronting The Problem Of The Affirmative Action Ideology, Christopher T. Wonnell
BYU Law Review
No abstract provided.
Public Official's Qualified Immunity In Section 1983 Actions Under Harlow V. Fitzgerald And Its Progeny: A Critical Analysis, Stephen J. Shapiro
Public Official's Qualified Immunity In Section 1983 Actions Under Harlow V. Fitzgerald And Its Progeny: A Critical Analysis, Stephen J. Shapiro
University of Michigan Journal of Law Reform
Part I of this Article discusses the development of immunities in section 1983 actions. Part II examines the application of Harlow and its progeny to a variety of situations. This discussion shows that broadened qualified immunity produces anomalous results under some circumstances by granting immunity to officials who have acted in a clearly culpable manner. Part III discusses the appropriateness of the Harlow standard and determines that it is neither supported by the legislative history of section 1983 nor by legitimate policy concerns. Finally, Part IV proposes several solutions that would protect deserving public officials from personal damage liability without …
Habeas Corpus Committee - Correspondence, Lewis F. Powell, Jr.
Habeas Corpus Committee - Correspondence, Lewis F. Powell, Jr.
Habeas Corpus Committee
No abstract provided.
Section 1983, Martin A. Schwartz, Honorable George C. Pratt, Leon Friedman
Section 1983, Martin A. Schwartz, Honorable George C. Pratt, Leon Friedman
Touro Law Review
No abstract provided.
Employment Discrimination, Charles Stephen Ralston, Paul Kamenar, William Bradford Reynolds, Gail Wright-Sirmans
Employment Discrimination, Charles Stephen Ralston, Paul Kamenar, William Bradford Reynolds, Gail Wright-Sirmans
Touro Law Review
No abstract provided.
Scholars' Reply To Professor Fried, Yale Kamisar, Lee C. Bollinger, Judith C. Areen, Barbara A. Black
Scholars' Reply To Professor Fried, Yale Kamisar, Lee C. Bollinger, Judith C. Areen, Barbara A. Black
Articles
As Solicitor General of the United States, Charles Fried, like any good advocate, was often in the position of attempting to generate broad holdings from relatively narrow and particularistic Supreme Court decisions. This was especially true in affirmative action cases. There, the Department of Justice argued that cautious precedents actually stood for the broad proposition that measures designed to put members of disadvantaged groups on a plane of equality should, for constitutional purposes, be treated the same as measures intended to stigmatize or subordinate them. The Supreme Court, however, has consistently rejected this reading of its precedents and the broad …
The Movement To Assimilate The American Indians: Jurisprudential Study, John W. Ragsdale Jr
The Movement To Assimilate The American Indians: Jurisprudential Study, John W. Ragsdale Jr
Faculty Works
In 1934, the United States made a revolutionary shift in Indian policy. Laws were passed that ended most assimilation measures and began, instead, a preservation and promotion of tribalism. Why did this happen? What changes in American thought, politics and economy could precipitate such a reversal? Felix Cohen, a former special assistant to the Attorney General, and known as the "Blackstone of American Indian Law," noted: "Like the miner's canary, the Indian marks the shifts from fresh air to poison gas in our political atmosphere; and our treatment of Indians, even more than our treatment of other minorities, reflects the …
Housing Discrimination, Richard F. Bellman ,Esq., Richard Cahn ,Esq.
Housing Discrimination, Richard F. Bellman ,Esq., Richard Cahn ,Esq.
Touro Law Review
No abstract provided.
The Qualified Immunity Doctrine In The Supreme Court: Judicial Activism And The Restriction Of Constitutional Rights, David Rudovsky
The Qualified Immunity Doctrine In The Supreme Court: Judicial Activism And The Restriction Of Constitutional Rights, David Rudovsky
All Faculty Scholarship
No abstract provided.