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Full-Text Articles in Civil Rights and Discrimination

Judicial Responses To The Eeoc's Failure To Attempt Conciliation, Michigan Law Review Dec 1982

Judicial Responses To The Eeoc's Failure To Attempt Conciliation, Michigan Law Review

Michigan Law Review

This Note suggests that a court faced with inadequate conciliation efforts by the EEOC should dismiss the action without prejudice. Part I argues that dismissal better serves the remedial purpose of the statute than summary judgment. Part II then demonstrates that dismissal satisfies the policy concerns of courts that dispose of inadequately conciliated suits. Although dismissal may not promote judicial efficiency as well as summary judgment, courts and the Commission can handle the dismissal to minimize duplication. Part III advances dismissal for failure to state a claim upon which relief can be granted as the appropriate procedural vehicle for disposing …


Intent Or Impact: Proving Discrimination Under Title Vi Of The Civil Rights Act Of 1964, Michigan Law Review Apr 1982

Intent Or Impact: Proving Discrimination Under Title Vi Of The Civil Rights Act Of 1964, Michigan Law Review

Michigan Law Review

This Note analyzes the controversy and concludes that courts must apply an impact standard in title VI cases. After reviewing the relevant Supreme Court decisions, Part I contends that Bakke did not overrule Lau's approval of an impact standard. Part II examines the regulations on which the Lau court relied. It first characterizes them as legislative; they derive the force of law from an explicit congressional delegation of substantive power. Part II then tests the regulations' impact standard against the language, legislative history, and policy of title VI and finds it valid. Since courts may not disregard valid legislative regulations, …


The Numbers Game: Statistical Inference In Discrimination Cases, David H. Kaye Mar 1982

The Numbers Game: Statistical Inference In Discrimination Cases, David H. Kaye

Michigan Law Review

A Review of Statistical Proof of Discrimination by David Baldus and James Cole


Charles Black's Rediscovery Of The Ninth Amendment, And What He Found There, Russell L. Caplan Mar 1982

Charles Black's Rediscovery Of The Ninth Amendment, And What He Found There, Russell L. Caplan

Michigan Law Review

A Review of Decision According to Law by Charles L. Black, Jr.


The Skokie Legacy: Reflections On An "Easy Case" And Free Speech Theory, Lee C. Bollinger Mar 1982

The Skokie Legacy: Reflections On An "Easy Case" And Free Speech Theory, Lee C. Bollinger

Michigan Law Review

A Review of Defending My Enemy: American Nazis, the Skokie Case, and the Risks of Freedom by Aryeh Neier


Legal History And The Law Of Blasphemy, Morris S. Arnold Mar 1982

Legal History And The Law Of Blasphemy, Morris S. Arnold

Michigan Law Review

A Review of Treason Against God: A History of the Offense of Blasphemy by Leonard W. Levy


The Limits Of Litigation: Putting The Education Back Into Brown V. Board Of Education, T. Alexander Aleinikoff Mar 1982

The Limits Of Litigation: Putting The Education Back Into Brown V. Board Of Education, T. Alexander Aleinikoff

Michigan Law Review

A Review of Shades of Brown: New Perspectives on School Desegregation edited by Derrick Bell


Trial And Error: The Detroit School Segregation Case, Michigan Law Review Mar 1982

Trial And Error: The Detroit School Segregation Case, Michigan Law Review

Michigan Law Review

A Review of Trial and Error: The Detroit School Segregation Case by Eleanor P. Wolf


Strict Construction And Judicial Review Of Racial Discrimination Under The Equal Protection Clause: Meeting Raoul Berger On Interpretivist Grounds, Paul R. Dimond Jan 1982

Strict Construction And Judicial Review Of Racial Discrimination Under The Equal Protection Clause: Meeting Raoul Berger On Interpretivist Grounds, Paul R. Dimond

Michigan Law Review

In the face of this common understanding of the vagueness of much of the constitutional text, Berger bears the burden of proving that the equal protection clause was intended to enumerate specific, narrow protections against racial discrimination. This Article examines several contemporary sources to determine whether he has accomplished that task. It proceeds in six parts. Part I analyzes the text of the fourteenth amendment and contemporaneous congressional views on judicial review. Contrary to Berger's construction, the equal protection clause is not limited by its terms to the privileges or immunities clause or to the specific rights enumerated in the …