Open Access. Powered by Scholars. Published by Universities.®

Courts Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 9 of 9

Full-Text Articles in Courts

Rethinking Federal Judicial Selection Nov 1993

Rethinking Federal Judicial Selection

BYU Law Review

No abstract provided.


Postconviction Review Of Jury Discrimination: Measuring The Effects Of Juror Race On Jury Decisions, Nancy J. King Oct 1993

Postconviction Review Of Jury Discrimination: Measuring The Effects Of Juror Race On Jury Decisions, Nancy J. King

Michigan Law Review

In Part I, I review the empirical evidence concerning the effect of jury discrimination on jury decisions. Using the work of social and cognitive psychologists, I argue that the influence of jury discrimination on jury decisions is real and can be measured by judges in certain circumstances. The empirical studies suggest criteria that courts could use to identify the cases in which jury discrimination is most likely to affect the verdict. I also refute the argument that white judges can never predict the behavior of jurors of racial backgrounds different than their own and conclude that judicial estimates of the …


Judicial Activism And The Administration Of Civil Rights Policy, Kenyon D. Bunch, Grant B. Mindle Mar 1993

Judicial Activism And The Administration Of Civil Rights Policy, Kenyon D. Bunch, Grant B. Mindle

Brigham Young University Education and Law Journal

No abstract provided.


Equal Educational Opportunity: The Rehnquist Court Revisits Green And Swann, Brian K. Landsberg Jan 1993

Equal Educational Opportunity: The Rehnquist Court Revisits Green And Swann, Brian K. Landsberg

McGeorge School of Law Scholarly Articles

No abstract provided.


Chase Court And Fundamental Rights: A Watershed In American Constitutionalism, The , Robert J. Kaczorowski Jan 1993

Chase Court And Fundamental Rights: A Watershed In American Constitutionalism, The , Robert J. Kaczorowski

Faculty Scholarship

Three weeks before he died in May 1873, the frail and ailing Salmon P. Chase joined three of his brethren in dissent in one of the most important cases ever decided by the United States Supreme Court, the Slaughter-House Cases.1 This decision was a watershed in United States constitutional history for several reasons. Doctrinally, it represented a rejection of the virtually unanimous decisions of the lower federal courts upholding the constitutionality of revolutionary federal civil rights laws enacted in the aftermath of the Civil War. Institutionally, it was an example of extraordinary judicial activism in overriding the legislative will of …


Rust V. Sullivan And The Control Of Knowledge, Dorothy E. Roberts Jan 1993

Rust V. Sullivan And The Control Of Knowledge, Dorothy E. Roberts

All Faculty Scholarship

No abstract provided.


Does Sexual Harassment Require Proof Of Psychological Injury? An Analysis Of Harris V. Forklift Systems, Barbara J. Fick Jan 1993

Does Sexual Harassment Require Proof Of Psychological Injury? An Analysis Of Harris V. Forklift Systems, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case Harris v. Forklift Systems, Inc., 510 U.S. 17 (1993). The author expected the Court to address whether, under Title VII the Civil Rights Act of 1965, a plaintiff is required to prove that he or she suffered psychological injury as a result of sexual harassment in the workplace in order to prove a hostile-environment.


There Goes The Neighborhood: The Evolution Of "Family" In Local Zoning Ordinances, William Graham Jan 1993

There Goes The Neighborhood: The Evolution Of "Family" In Local Zoning Ordinances, William Graham

Touro Law Review

No abstract provided.


State Responses To Task Force Reports On Race And Ethnic Bias In The Courts, Suellyn Scarnecchia Jan 1993

State Responses To Task Force Reports On Race And Ethnic Bias In The Courts, Suellyn Scarnecchia

Articles

While several states have embarked on studies of race and ethnic bias in their courts, Minnesota is only the sixth to publish its report to date. As Minnesota joins the ranks of states with published reports, it is worthwhile to assess the impact of the five earlier published reports from other states. Final reports have been published in Michigan (1989), Washington (1990), New York (1991), Florida (1991) and New Jersey (1992). The published reports make findings and provide several specific recommendations for change. This article will review the published findings and recommendations of the task forces and will discuss the …