Civil Rights and Discrimination Commons^™

Civil Liberties In The 1980s. Remarks Of Norman Dorsen, Norman Dorsen

Antioch Law Journal

I have been asked to present an overview of the incursions on civil liberty that we may expect in the 1980s and how we may combat them. It is always risky to predict the future, especially in a field as volatile as this. Nevertheless, at least one thing is clear. Civil liberties during the coming decade will be subject to great pressures. This is true whether the government remains conservative, such as the present Reagan Administration, or changes after the 1984 or 1988 elections. The reason for my confidence in this assertion is that governments, whatever their political complexion, seek …

Civil Rights In The 1980s, Nathaniel R. Jones

Antioch Law Journal

have been asked for my views on the civil rights agenda for the 1980s. Such an agenda cannot be proposed in a vacuum, for the roots of current civil rights problems extend deep into the nation's history. In fact, public acceptance of civil rights remedies has been impeded precisely because their historical predicates are so little understood. While the civil rights thrust has broadened to include gender, ethnic, and age considerations, the basic problems in shaping remedies continue to center around race and the nation's treatment of racial groups. This fact confounds those who had come to believe that problems …

Letter: Betty Castor; Edna Saffy, Betty Castor

Saffy Collection - All Textual Materials

Thank you letter from Betty Castor thanking Dr. Saffy for her support. December 7, 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 …

In Quest Of Brown's Promise: Social Research And Social Values In School Desegregation, Wallace D. Loh

Washington Law Review

There is perhaps no better setting in which to discuss the role of social research in the courts than that of school desegregation. From its early, rural, southern beginnings in Brown to its present, urban, northern manifestation in the Detroit case of Milliken v. Bradley, empirical evidence has been used in the litigation. In 1954, the Supreme Court declared that "[s]eparate educational facilities are inherently unequal" and ruled that the separate-but-equal doctrine of Plessy v. Ferguson—which for half a century had legitimated Jim Crow legislation—had "no place" in the public schools. Eleanor Wolf, Professor of Sociology at Wayne State University, …

Legal Issues In Afformative Action - The University Of California, California State University And Colleges, And Community College Systems - Part 2, Assembly Committee On Fair Employment Practices, Assembly Committee On Judiciary

California Assembly

This complete document totals 1264 pages. The document has been divided into three parts for easier download.

Part 1 - pp. Title-416
Part 2 - pp. 417-853
Part 3 - pp.854-1258

Legal Issues In Afformative Action - The University Of California, California State University And Colleges, And Community College Systems - Part 3, Assembly Committee On Fair Employment Practices, Assembly Committee On Judiciary

California Assembly

This complete document totals 1264 pages. The document has been divided into three parts for easier download.

Part 1 - pp. Title-416
Part 2 - pp. 417-853
Part 3 - pp.854-1258

Legal Issues In Afformative Action - The University Of California, California State University And Colleges, And Community College Systems - Part I, Assembly Committee On Fair Employment Practices, Assembly Committee On Judiciary

California Assembly

This complete document totals 1264 pages. The document has been divided into three parts for easier download.

Part 1 - pp. Title-416
Part 2 - pp. 417-853
Part 3 - pp.854-1258

A Proposed Analysis For Gender-Based Practices And State Public Accommodations Laws, Alan J. Hoff

University of Michigan Journal of Law Reform

This Note argues that the proper test of gender-preferential practices in public accommodations proceeds from the principle of "equal treatment:'' separate standards are tolerable only where reasonable and applied evenhandedly. Part I sets out a typical public accommodations statute and criticizes the principle tests used to evaluate this type of legislation. Part II applies traditional methods of statutory construction which trigger an equal treatment analysis. Extrapolating from this analysis, Part III advocates a two-part test for examining gender-based practices in public accommodations.

United States Postal Service Board Of Governors V. Aikens, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Bob Jones University V. United States, Lewis Powell Jr.

Supreme Court Case Files

No abstract provided.

Newport News Shipbuilding & Dry Dock Co. V. Equal Employment Opportunity Commission (Eeoc), Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Arizona Governing Committee For Tax Deferred Annuity And Deferred Compensation Plans V. Norris, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Book Review: Unlikely Heroes By Jack Bass, David B. Filvaroff

Vanderbilt Law Review

Unlikely Heroes is designed for both the lawyer and the general reader. It does not purport to offer careful legal analysis of constitutional doctrine or to measure the Fifth Circuit's actions during this era against any articulated concept of the proper role of the judiciary in a federal system. To the extent that Bass raises any questions about the propriety of the judges' conduct or decisions, he appears to conclude that they were fully justified by the nature of the issues presented and by the demands of the times.Whatever its intended audience, however, the book would have benefited from a …

The Collateral Estoppel Effect Of Guilty Pleas In Section 1983 Actions

Washington and Lee Law Review

No abstract provided.

Striking A Balance Between The Interests Of Public Safety And The Rights Of Older Workers: The Age Bfoq Defense

Washington and Lee Law Review

No abstract provided.

Standing To Challenge The Tax-Exempt Status Of Racially Discriminatory Private Schools: Wright V. Regan, Jamie D. Scott

BYU Law Review

No abstract provided.

Employment Discrimination Under The Federal Mine Safety And Health Act, James A. Broaderick, Daniel Minahan

West Virginia Law Review

No abstract provided.

Civil Rights—42 U.S.C. Section 1983: Statute Of Limitations—Eighth Circuit Rejects Tort Analogy, Martha Gilpatrick

University of Arkansas at Little Rock Law Review

No abstract provided.

Intracorporate Plurality In Criminal Conspiracy Law, Sarah N. Welling

Law Faculty Scholarly Articles

The concept of conspiracy currently plays a significant role in three areas of substantive law: antitrust, civil rights, and criminal law. Although the role of conspiracy in these substantive areas of law differs in many ways, all three require that the conspiracy consist of a plurality of actors. Determining what constitutes a plurality of actors when all the alleged conspirators are agents of a single corporation poses a continuing problem.

This problem raises two distinct questions. The first is whether, when one agent acts alone within the scope of corporate business, the agent and the corporation constitute a plurality. The …

In Defense Of Public Defenders: Polk County V. Dodson, Jeffrey C. Gilbert

University of Miami Law Review

In Polk County v. Dodson, the United States Supreme Court held that a public defender does not act under color of state law "when performing a lawyer's 'traditional functions' as counsel to a defendant in a criminal proceeding." The Court formulated a "functions" test to distinguish cases holding that public defenders act under color of state law when performing administrative tasks or when engaging in nontraditional or criminal acts. The author questions the Court's marked curtailment of indigents' access to federal courts when alleging ineffective representation by public defenders under 42 U.S.C. § 1983. Moreover, the author concludes that …

Gender-Based Wage Discrimination And The Bennett Amendment: County Of Washington V. Gunther, Chris Bramhall

BYU Law Review

No abstract provided.

Xenophobia And Parochialism In The History Of American Legal Process: From The Jacksonian Era To The Sagebrush Rebellion, Harry N. Scheiber

William & Mary Law Review

No abstract provided.

Constitutional Law—Equal Protection—California's Gender Based Statutory Rape Law Upheld, Lynn Wintory Wilhite

University of Arkansas at Little Rock Law Review

No abstract provided.

Defense Of The Civilly Disobedient, Deborah Greenblatt

North Carolina Central Law Review

No abstract provided.

Tragic Choices In Special Education: The Effect Of Scarce Resources On The Implementation Of Pub. L. No. 94-142, James Stark

Faculty Articles and Papers

No abstract provided.

Basis Of Liability In A Section 1983 Suit: When Is The State-Of-Mind Analysis Relevant?, William A. Lockhart

Indiana Law Journal

NOTE: A printing error labeled this issue Spring 1982, it should have been labeled Summer 1982

Constitutional Law—Due Process—Equal Protection—Exclusion Of Females From Registration For Draft Not Violative Of Fifth Amendment, Neil Deininger

University of Arkansas at Little Rock Law Review

No abstract provided.

Survey Of Developments In The Fourth Circuit: 1981

West Virginia Law Review

No abstract provided.

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, …