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Civil Rights and Discrimination Commons

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1983

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Institution
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Articles 1 - 30 of 59

Full-Text Articles in Civil Rights and Discrimination

Race And The Decision To Detain A Suspect, Sheri Johnson Dec 1983

Race And The Decision To Detain A Suspect, Sheri Johnson

Cornell Law Faculty Publications

No abstract provided.


Title Ix As A Tool For Eliminating Gender-Based Employment Discrimination At Educational Institutions, North Haven Board Of Education V. Bell, Alice R. Senechal Oct 1983

Title Ix As A Tool For Eliminating Gender-Based Employment Discrimination At Educational Institutions, North Haven Board Of Education V. Bell, Alice R. Senechal

North Carolina Central Law Review

No abstract provided.


The Legal And Economic Implications Of Sexual Harassment, Suzanne E. Andrews Oct 1983

The Legal And Economic Implications Of Sexual Harassment, Suzanne E. Andrews

North Carolina Central Law Review

No abstract provided.


Claiborne Hardware: A Major Step Beyond Picketing, Susan Shell Iddings Oct 1983

Claiborne Hardware: A Major Step Beyond Picketing, Susan Shell Iddings

North Carolina Central Law Review

No abstract provided.


Notice To Class Members Under The Fair Labor Standards Act Representative Action Provision, Thomas Ashby Oct 1983

Notice To Class Members Under The Fair Labor Standards Act Representative Action Provision, Thomas Ashby

University of Michigan Journal of Law Reform

Federal courts currently apply different standards concerning the permissibility of notice. Although the Ninth Circuit forbids notice and the Seventh Circuit grants plaintiffs a right to send notice, the Second Circuit permits notice only in appropriate cases. This Note advocates that plaintiffs in FLSA and ADEA actions should be allowed to notify potential class members in appropriate cases. Part I analyzes inherent court powers, statutes, legislative history, and federal policies relating to notice. It concludes that enactment of FLSA and ADEA remedies did not alter the inherent power of federal courts to permit or prohibit notice. On the contrary, only …


Davis V. Scherer, Lewis F. Powell Jr. Oct 1983

Davis V. Scherer, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Schall V. Martin, Lewis F. Powell, Jr. Oct 1983

Schall V. Martin, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.


Irving Independent School District V. Tatro, Lewis F. Powell Jr. Oct 1983

Irving Independent School District V. Tatro, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Smith V. Robinson, Lewis F. Powell Jr. Oct 1983

Smith V. Robinson, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Palmore V. Sidoti, Lewis F. Powell Jr. Oct 1983

Palmore V. Sidoti, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Roberts V. United States Jaycees, Lewis F. Powell Jr. Oct 1983

Roberts V. United States Jaycees, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Grove City College V. Bell, Lewis F. Powell Jr. Oct 1983

Grove City College V. Bell, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Stotts V. Memphis Fire Department, 679 F.2d 541 (6th Cir. 1982), Cert. Granted, 51 U.S.L.W. 3871 (U.S. June 7, 1983) (No. 82-229), Timothy P. Hoban Oct 1983

Stotts V. Memphis Fire Department, 679 F.2d 541 (6th Cir. 1982), Cert. Granted, 51 U.S.L.W. 3871 (U.S. June 7, 1983) (No. 82-229), Timothy P. Hoban

Florida State University Law Review

Constitutional Law-Civil Rights-THE SIXTH CIRCUIT HOLDS THAT JUDICIALLY IMPOSED RACIAL QUOTAS TAKE PRECEDENCE OVER A SENIORITY SYSTEM


Home Rule For Women: Power-Sharing Between Men And Women, Christine Boyle Oct 1983

Home Rule For Women: Power-Sharing Between Men And Women, Christine Boyle

Dalhousie Law Journal

This paper is about the Canadian electoral system and the need for reform of its constituent units. Canadian politics have been remarkable for the comparative lack of interest that has been displayed in this aspect of the system, an aspect that is of great importance in any democratic society. In 1949, a speaker at the annual meeting of the Canadian Political Science Association in Halifax summed up the situation as follows: The basic units of representation . . . the constituencies, are thus conceived in the darkness of a legislative committee, and born to blush unseen on an electoral map …


West Virginia's Racial Heritage: Not Always Free, A. Leon Higginbotham Jr. Sep 1983

West Virginia's Racial Heritage: Not Always Free, A. Leon Higginbotham Jr.

West Virginia Law Review

No abstract provided.


The 1982 Amendments To The Voting Rights Act: A Legislative History, Thomas M. Boyd, Stephen J. Markman Sep 1983

The 1982 Amendments To The Voting Rights Act: A Legislative History, Thomas M. Boyd, Stephen J. Markman

Washington and Lee Law Review

No abstract provided.


Ua21 Wku Affirmative Action Plan Volume Iii, Wku Office Of Equal Opportunity / 504 / Ada Compliance Jul 1983

Ua21 Wku Affirmative Action Plan Volume Iii, Wku Office Of Equal Opportunity / 504 / Ada Compliance

WKU Archives Records

This annual report of progress in the affirmative action - equal employment opportunity program is made in accordance with Section XIII of the Affirmative Action Plan, as amended July 1, 1981. This report will consist of four main elements:

  1. Promotions During the Year
  2. Recruitment Activities, Includes Goals & Results
  3. Comparison of Personnel Strengths during 1981-82 & 1982-83
  4. Conclusions Regarding Overall Progress & Recommendations for Future Improvements


Employment Discrimination—The Bottom Line Defense In Disparate Impact Cases, Robert S. Tschiemer Jul 1983

Employment Discrimination—The Bottom Line Defense In Disparate Impact Cases, Robert S. Tschiemer

University of Arkansas at Little Rock Law Review

No abstract provided.


Involuntary Sterilization In Virginia: From Buck V. Bell To Poe V. Lynchburg, Paul A. Lombardo Jul 1983

Involuntary Sterilization In Virginia: From Buck V. Bell To Poe V. Lynchburg, Paul A. Lombardo

Faculty Publications By Year

No abstract provided.


Employment Discrimination And Labor Arbitrators: A Question Of Competence, Anthony F. Bartlett Pace University School Of Law Jun 1983

Employment Discrimination And Labor Arbitrators: A Question Of Competence, Anthony F. Bartlett Pace University School Of Law

West Virginia Law Review

During the Second World War labor arbitration came to prominence in the United States as an important means of resolving disputes between labor and management. In the post-War years it gradually achieved a pre-eminent position in the American collective bargaining system, finally acquiring the imprimatur of the Supreme Court in 1960. Crucial to the Court's rationale for requiring virtual judicial abstension in regard to labor arbitration was its perception of the arbitration process as an informal and flexible system manned by arbitrators who were in possession of a high level of competence in the realities of labor relations. This view …


Apartheid Baltimore Style: The Residential Segregation Ordinances Of 1910-1913, Garrett Power May 1983

Apartheid Baltimore Style: The Residential Segregation Ordinances Of 1910-1913, Garrett Power

Faculty Scholarship

On May 15, 1911, Baltimore Mayor J. Barry Mahool signed into law an ordinance for “preserving the peace, preventing conflict and ill feeling between the white and colored races in Baltimore City.” This ordinance provided for the use of separate blocks by African American and whites and was the first such law in the nation directly aimed at segregating black and white homeowners. This article considers the historical significance of Baltimore’s first housing segregation law.


The Section 1983 Remedy And Purely Statutory Federal Rights: Ryans V. New Jersey Commission For The Blind And Visually Impaired, Peter E. Ormsby May 1983

The Section 1983 Remedy And Purely Statutory Federal Rights: Ryans V. New Jersey Commission For The Blind And Visually Impaired, Peter E. Ormsby

BYU Law Review

No abstract provided.


Employee Selection Base On Susceptibility To Occupational Illness, Mark A. Rothstein May 1983

Employee Selection Base On Susceptibility To Occupational Illness, Mark A. Rothstein

Michigan Law Review

This Article attempts to compile the latest information available concerning this difficult problem. Part I reviews the scientific literature, explaining the biological basis of increased risk of occupational disease. Part II explores the efforts of various employers to incorporate this research into their personnel practices. Part III surveys the legal response to these practices. Employees may challenge medical screening on a variety of theories, most of which were not designed to deal with the problem of susceptibility to occupational disease. Not surprisingly, none of the approaches offers an entirely satisfactory response to the problem. This Article offers no clear answers. …


"Suspect Class" Revisited: An Alternative View Of "Handicap", Nell J. Mohn Apr 1983

"Suspect Class" Revisited: An Alternative View Of "Handicap", Nell J. Mohn

In the Public Interest

No abstract provided.


Issues Forum: Pornography, Drucilla S. Ramey Apr 1983

Issues Forum: Pornography, Drucilla S. Ramey

Publications

Prof. Dru Ramey discussed the ramifications of the decision of the school book store manager to carry issues of Playboy for sale.


The Deduction Of Unemployment Compensation From Back-Pay Awards Under Title Vii, Eric A. Martin Apr 1983

The Deduction Of Unemployment Compensation From Back-Pay Awards Under Title Vii, Eric A. Martin

University of Michigan Journal of Law Reform

This Note argues that federal courts should not deduct unemployment insurance benefits from Title VII back-pay awards. Part I reviews the legislative history and purposes behind the remedial provisions of Title VII. Part I also presents the arguments that courts have advanced regarding the deduction of unemployment benefits from Title VII back-pay awards. Part II assesses these arguments in light of analogous common law doctrine and the legislative objectives of Title VII, and advances arguments not yet considered by the courts. Finally, Part II concludes that federal courts should resolve this division of authority by not deducting unemployment benefits from …


Habeas Corpus Review Of State Trial Court Failure To Give Lesser Included Offense Instructions, Michael H. Hoffheimer Apr 1983

Habeas Corpus Review Of State Trial Court Failure To Give Lesser Included Offense Instructions, Michael H. Hoffheimer

University of Michigan Journal of Law Reform

This Note advocates that federal courts review state criminal convictions in habeas corpus proceedings when lesser included offense instructions are available under state law but were not given. Part I demonstrates that granting such review conforms to the modern jurisdictional scope of federal collateral review because failure to give the instructions undermines the fact-finding function of juries and is therefore unconstitutional. Part II analyzes the proper standard of review and determines that the federal interest in protecting the reliability of the fact-finding process should prevail over any conflicting state interest in refusing to give lesser included offense instructions. Part II …


Death Knell For Trageser: Section 504 Of The Rehabilitation Act In Light Of North Haven, M. Katherine Webster-O'Keefe Apr 1983

Death Knell For Trageser: Section 504 Of The Rehabilitation Act In Light Of North Haven, M. Katherine Webster-O'Keefe

West Virginia Law Review

No abstract provided.


Proof Of Disparate Treatment Under The Age Discrimination In Employment Act: Variations On A Title Vii Theme, Mack A. Player Apr 1983

Proof Of Disparate Treatment Under The Age Discrimination In Employment Act: Variations On A Title Vii Theme, Mack A. Player

Scholarly Works

The Age Discrimination in Employment Act (ADEA) was enacted in 1967 and substantially amended in 1974 and 1978. Generally stated, the ADEA prohibits employer discrimination by public and private "employers" (persons having twenty or more employees), labor unions, and employment agencies. Protection against age discrimination is granted, however, only to employees and applicants between the ages of forty and seventy. It is illegal to discriminate on the basis of age against persons within the forty-to-seventy age group regardless of whether the person favored by the discrimination is within or without the protected age group or is younger or older than …


Marital Status Discrimination: A Survey Of Federal Caselaw, Joyce D. Edelman Apr 1983

Marital Status Discrimination: A Survey Of Federal Caselaw, Joyce D. Edelman

West Virginia Law Review

No abstract provided.