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Full-Text Articles in Law and Race

In Quest Of Brown's Promise: Social Research And Social Values In School Desegregation, Wallace D. Loh Dec 1982

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, …


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


Constitutional Law And Civil Rights, Kingsley R. Browne Jan 1982

Constitutional Law And Civil Rights, Kingsley R. Browne

Law Faculty Research Publications

During the period covered by this survey, most of the constitutional law and civil rights cases considered by the Tenth Circuit Court of Appeals were discrimination actions brought under either section 1983 of the Civil Rights Act of 1871 or Title VII of the Civil Rights Act of 1964. Some of the other topics dealt with by the court were age discrimination, Indian rights, prisoners' rights, drug paraphernalia, ballot access, religious freedom, and the supremacy clause.


The Scope Of Section 1985(3) In Light Of Great American Federal Savings And Loan Association V. Novotny: Too Little Too Late?, Taunya Lovell Banks Jan 1982

The Scope Of Section 1985(3) In Light Of Great American Federal Savings And Loan Association V. Novotny: Too Little Too Late?, Taunya Lovell Banks

Faculty Scholarship

No abstract provided.


The Cairo Experience: Civil Rights Litigation In A Racial Powder Keg, 61 Or. L. Rev. 285 (1982), Michael P. Seng Jan 1982

The Cairo Experience: Civil Rights Litigation In A Racial Powder Keg, 61 Or. L. Rev. 285 (1982), Michael P. Seng

UIC Law Open Access Faculty Scholarship

No abstract provided.


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 …