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Civil Rights and Discrimination Commons™
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Articles 1 - 30 of 63
Full-Text Articles in Civil Rights and Discrimination
Judicial Competence And Fundamental Rights, Earl S. Maltz, Ira C. Lupu
Judicial Competence And Fundamental Rights, Earl S. Maltz, Ira C. Lupu
Michigan Law Review
In the April 1979 issue of the Michigan Law Review, Professor Ira Lupu added his valuable contribution to the continuing debate on the problem of defining the nature of fundamental rights under the Constitution. In many respects his article is a wholly admirable piece of scholarship, both well-researched and carefully reasoned. However, on one issue - the question of judicial competence to identify the values he defines as fundamental - Professor Lupu's discussion is seriously deficient. This letter will examine the problem of judicial competence and conclude that it is fatal to Professor Lupu's conception of the appropriate role …
Employment Discrimination-Reverse Discrimination- Privately Instigated Racial Quotas As Acceptable Affirmative Action-United Steelworkers V. Weber, 99 S. Ct. 2721 (1979).
BYU Law Review
No abstract provided.
Civil Rights - Unequal Contributions To Employee Retirement Plans Determined By Using Sex Segregated Morality Tables Constitute Unlawful Sex Discrimination Under Title Vii, Harold E. Rainbolt
Civil Rights - Unequal Contributions To Employee Retirement Plans Determined By Using Sex Segregated Morality Tables Constitute Unlawful Sex Discrimination Under Title Vii, Harold E. Rainbolt
University of Arkansas at Little Rock Law Review
No abstract provided.
Bakke, Weber And Mr. Justice Stewart: Constitutional Theory And Affirmative Action, Albert Broderick
Bakke, Weber And Mr. Justice Stewart: Constitutional Theory And Affirmative Action, Albert Broderick
North Carolina Central Law Review
No abstract provided.
Lawyers V. Educators: Changing Perceptions Of Desegregation In Public Higher Education, Jean Preer
Lawyers V. Educators: Changing Perceptions Of Desegregation In Public Higher Education, Jean Preer
North Carolina Central Law Review
No abstract provided.
An Empirical Analysis Of The Equal Credit Opportunity Act, James A. Burns Jr.
An Empirical Analysis Of The Equal Credit Opportunity Act, James A. Burns Jr.
University of Michigan Journal of Law Reform
This article will first examine the legislative history of the ECOA to discover (1) the impetus for its enactment; (2) the views of proponents and opponents of the legislation concerning the presence of credit discrimination, its proper cure, and the proposed provisions of the bills introduced to deal with the problem; and (3) the congressional intent as to the use of various credit-granting factors described by the Act. Regulation B will then be similarly examined to find out how the broad mandates of the ECOA have been made concrete for the use of creditors. Finally, the article will focus on …
Board Of Education Of The City School District Of New York V. Harris, Lewis F. Powell Jr.
Board Of Education Of The City School District Of New York V. Harris, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Review Of Owen Fiss, The Civil Rights Injunction, Doug Rendleman
Review Of Owen Fiss, The Civil Rights Injunction, Doug Rendleman
Scholarly Articles
None available
City Of Mobile, Alabama V. Bolden, Lewis F. Powell Jr.
City Of Mobile, Alabama V. Bolden, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Fullilove V. Klutznick (Formerly Kreps), Lewis F. Powell Jr.
Fullilove V. Klutznick (Formerly Kreps), Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
California Brewers Assn. V. Bryant, Lewis F. Powell Jr.
California Brewers Assn. V. Bryant, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Supreme Court Of Virginia V. Consumers Union Of The United States, Inc., Lewis F. Powell Jr.
Supreme Court Of Virginia V. Consumers Union Of The United States, Inc., Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
42 U.S.C. 1983–Civil Rights–Municipalities Liable For Money Damages, Terry Clayton Paulson
42 U.S.C. 1983–Civil Rights–Municipalities Liable For Money Damages, Terry Clayton Paulson
University of Arkansas at Little Rock Law Review
No abstract provided.
Rewriting Roe V. Wade, Donald H. Regan
Rewriting Roe V. Wade, Donald H. Regan
Articles
Roe v. Wade is one of the most controversial cases the Supreme Court has decided. The result in the case - the establishment of a constitutional right to abortion - was controversial enough. Beyond that, even people who approve of the result have been dissatisfied with the Court's opinion. Others before me have attempted to explain how a better opinion could have been written. It seems to me, however, that the most promising argument in support of the result of Roe has not yet been made. This essay contains my suggestions for "rewriting" Roe v. Wade
Rites Of Passage: Race, The Supreme Court, And The Constitution, William W. Van Alstyne
Rites Of Passage: Race, The Supreme Court, And The Constitution, William W. Van Alstyne
Faculty Publications
No abstract provided.
Ticket: Era Benefit Featuring Ms. Gloria Steinem
Ticket: Era Benefit Featuring Ms. Gloria Steinem
Saffy Collection - All Textual Materials
An ERA Benefit featuring Ms. Gloria Steinem. July 21, 1979 at Airport Holiday Inn. cypress and Westshore. Tampa, Florida.
Constitutional Law—Sex Discrimination Under The Equal Rights Amendment—Marchioro V. Chaney, 90 Wn. 2d 298, 582 P.2d 487 (1978), Prob. Juris. Noted, 99 S. Ct. 718 (1979), Irene Hecht
Washington Law Review
Two of several statutes governing the composition and organization of the major political parties in Washington, R.C.W. § 29.42.020 and R.C.W. § 29.42.030, require that certain pairs of party representatives consist of one man and one woman. Following an intraparty dispute various interested persons filed suit, challenging, inter alia, the constitutionality of R.C.W. §§ 29.42.020-.030 under Washington's Equal Rights Amendment (ERA). The trial court granted the plaintiffs summary judgment on this claim. In a five to four decision the Washington Supreme Court reversed, upholding the constitutionality of both statutes under the ERA because they did not discriminate on the basis …
Joint Trials Of Defendants In Criminal Cases: An Analysis Of Efficiencies And Prejudices, Robert O. Dawson
Joint Trials Of Defendants In Criminal Cases: An Analysis Of Efficiencies And Prejudices, Robert O. Dawson
Michigan Law Review
Legislatures and courts, in weighing the relative advantages of joint and separate trials, have unreasonably struck a balance in favor of joint trials. The strongest justification traditionally offered for joint trials is efficiency. This Article shows that courts have greatly exaggerated the supposed efficiencies of joint trials while grossly underestimating the impediments joint trials pose to fair and accurate determinations of individual guilt or innocence. The propriety of joint trials is more than a question of efficiencies. Joint trials usually, although not always, help the prosecutor to get convictions, and thereby modify the balance of advantage in criminal trials. Disputes …
Age Discrimination In Employment Suits: A Practical Guide, J. Michael Mcdonald
Age Discrimination In Employment Suits: A Practical Guide, J. Michael Mcdonald
West Virginia Law Review
Age discrimination occurs in numerous forms but is rarely overt and unconcealed. The elderly often suffer discrimination in employment without the appearance of blatant violations on the part of the employer. For the most part, the aggrieved party must look to the total surrounding circumstances in order to determine if some form of discrimination has taken place. It is therefore important that the attorney become sensitive to the intricacies of the law of age discrimination in employment in order to protect the rights of his clients. This Note is written in the hope of providing the attorney with the practical …
The Ombudsman, Or Citizens' Defender - The North Carolina Experience, William G. Haemmel
The Ombudsman, Or Citizens' Defender - The North Carolina Experience, William G. Haemmel
North Carolina Central Law Review
No abstract provided.
Slavery, Race, And The Criminal Law In Antebellum North Carolina: A Reconsideration Of The Thomas Ruffin Court, Patrick S. Brady
Slavery, Race, And The Criminal Law In Antebellum North Carolina: A Reconsideration Of The Thomas Ruffin Court, Patrick S. Brady
North Carolina Central Law Review
No abstract provided.
Beyond Bakke: The Constitution And Redressing The Social History Of Racism, Robert Allen Sedler
Beyond Bakke: The Constitution And Redressing The Social History Of Racism, Robert Allen Sedler
Law Faculty Research Publications
No abstract provided.
The Use Of Racial Preferences In Employment: The Affirmative Action/Reverse Discrimination Dilemma, Judith M. Janssen
The Use Of Racial Preferences In Employment: The Affirmative Action/Reverse Discrimination Dilemma, Judith M. Janssen
Vanderbilt Law Review
This Note examines the constitutional and statutory background of the affirmative action/reverse discrimination issue and analyzes judicial decisions confronting the dilemma." The Note then explores grounds on which the Supreme Court might permit voluntary affirmative action using quotas. Existing EEOC guidelines and Executive' Order 11,246 offer both an objective basis on which to develop a voluntary program and a safeguard against misuse of affirmative action." When the program is established in a collective bargaining agreement, moreover, the national policy of allowing free play for the bargaining process to establish terms and conditions of employment gives an additional reason for allowing …
Wage Discrimination, Job Segregation, And Title Vii Of The Civil Rights Act Of 1964, Ruth G. Blumrosen
Wage Discrimination, Job Segregation, And Title Vii Of The Civil Rights Act Of 1964, Ruth G. Blumrosen
University of Michigan Journal of Law Reform
It is the thesis of this article that job segregation and wage discrimination are not separate problems, but rather are intimately related. Wherever there is job segregation, the same forces which determine that certain jobs or job categories will be reserved for women or minorities also and simultaneously determine that the economic value of those jobs is less than if they were "white" or "male" jobs. Thus, those women and minorities who are channelled into segregated jobs are not only deprived of initial hiring opportunities in other jobs and meaningful transfer opportunities, but are also paid wages for the jobs …
Beyond Bakke—The Use Of Noncognitive Factors In Professional School Admissions Decisionmaking, Catherine Wright Smith
Beyond Bakke—The Use Of Noncognitive Factors In Professional School Admissions Decisionmaking, Catherine Wright Smith
Washington Law Review
This comment suggests that professional schools constitutionally need not and, as a matter of policy, should not be deterred from considering at least some noncognitive criteria in admissions decisions. An exhaustive constitutional analysis of the standard of inquiry appropriate for each noncognitive criterion is not attempted. Instead, the comment shows in Part I that, regardless of the standard of scrutiny applied, any constitutional adjudication will involve some inquiry into the relationship between the school's articulated admissions goals and the admissions criteria used to implement them. The focus of the comment, then, is to analyze those goals that are typically advanced …
South Africa: Using The Law To Establish And Maintain A Pigmentocracy, Rex S. Heinke
South Africa: Using The Law To Establish And Maintain A Pigmentocracy, Rex S. Heinke
Michigan Law Review
A Review of Human Rights and the South African Legal Order by John Dugard
Racial Prejudice And Scholarly Prejudice: New Confrontations At The Selma Bridge, J. Mills Thornton Iii
Racial Prejudice And Scholarly Prejudice: New Confrontations At The Selma Bridge, J. Mills Thornton Iii
Michigan Law Review
A Review of Protest at Selma: Martin Luther King, Jr., and the Voting Rights Act of 1965 by David J. Garrow
Three Views Of Equal Protection : A Backdrop To Bakke, J. Frederic Voros Jr.
Three Views Of Equal Protection : A Backdrop To Bakke, J. Frederic Voros Jr.
BYU Law Review
No abstract provided.
Ruminations On The Quality Of Equality, Philip B. Kurland
Ruminations On The Quality Of Equality, Philip B. Kurland
BYU Law Review
No abstract provided.