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Johnson V. Santa Clara County Transportation Agency: Affirmative Action Expanded Under Title Vii, Theresa Marks 2010 Golden Gate University School of Law

Johnson V. Santa Clara County Transportation Agency: Affirmative Action Expanded Under Title Vii, Theresa Marks

Golden Gate University Law Review

This note discusses the guidelines established in Johnson. It will suggest that under the Johnson standards, general societal discrimination may provide a sufficient basis for imposing voluntary, sexually classified remedies under Title VII It will further suggest that voluntary affirmative action in response to general societal discrimination is consistent with the United States Supreme Court's interpretation of Congress's intent in enacting Title VII Finally, this note will evaluate the potential benefit the Johnson decision brings to women's rights as well as noting the problems presented by the Court's failure to clearly delineate appropriate standards for affirmative ...


Civil Rights, Christopher W. Coffey, Maureen Mullane 2010 Golden Gate University School of Law

Civil Rights, Christopher W. Coffey, Maureen Mullane

Golden Gate University Law Review

No abstract provided.


Marina Point, Ltd. V. Wolfson: A Victory For Children In Rental Housing - Implications For Further Expansion Of The Unruh Civil Rights Act, Gale Farlow 2010 Golden Gate University School of Law

Marina Point, Ltd. V. Wolfson: A Victory For Children In Rental Housing - Implications For Further Expansion Of The Unruh Civil Rights Act, Gale Farlow

Golden Gate University Law Review

In Wolfson, the court held that landlords cannot arbitrarily discriminate against children and families with children. This Note will discuss this aspect of the Wolfson decision and its significance and implications. Wolfson resolved the issue of discrimination in rental housing against families with children, which will be of particular benefit to women who have been hardest hit by such discrimination and by the shortage of rental housing. But, Wolfson also may have extended the coverage of the Unruh Civil Rights Act to include classes other than children. This Note will also discuss this equally important aspect of the Wolfson decision.


Sex And Race In Federal Court: A Courtroom Survey, Barbara S. Bryant 2010 Golden Gate University School of Law

Sex And Race In Federal Court: A Courtroom Survey, Barbara S. Bryant

Golden Gate University Law Review

Over one hundred years ago, the composition of the American legal profession changed in a small but significant way. The year 1869 saw both the first Black graduate of any United States law school and the first woman admitted to any American bar association. However, until recently, the participation of women and minorities in the American legal profession has been of insignificant proportion. Before 1970, less than 3% of American lawyers were women; about 1% were Black. While this lack of participation is undoubtedly the result of a number of factors, three areas stand out for their particular influence in ...


Homophobia, "Manifest Homosexuals" And Political Activity: A New Approach To Gay Rights And The "Issue" Of Homosexuality, Douglas Warner 2010 Golden Gate University School of Law

Homophobia, "Manifest Homosexuals" And Political Activity: A New Approach To Gay Rights And The "Issue" Of Homosexuality, Douglas Warner

Golden Gate University Law Review

This Comment will survey the popular and largely unsupportable beliefs about homosexuality, which result in the societal oppression of gay people. The law's reflection of this cultural homophobia has been instrumental in that oppression. In light of the homophobia in society and its consequences in the law, the GLSA court's approach was necessary, its results consistent with contemporary knowledge and with fundamental principles of a just society. The purpose of this Comment is to demonstrate why that is so and to speculate on the decision's implications for the gay rights movement, for gay people, and not least ...


Torch (September 2010), Brandon Baldwin, Civil Rights Team Project 2010 University of Southern Maine

Torch (September 2010), Brandon Baldwin, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

No abstract provided.


Symposium: Introduction, Ann MacLean Massie 2010 Washington and Lee University School of Law

Symposium: Introduction, Ann Maclean Massie

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Ordinary Citizens Or A License To Kill? The Turn To Law In Regulating Britain’S Intelligence Services, Simon Chesterman 2010 New York University School of Law

Ordinary Citizens Or A License To Kill? The Turn To Law In Regulating Britain’S Intelligence Services, Simon Chesterman

New York University Public Law and Legal Theory Working Papers

As the United States goes through yet another cycle of reform of its intelligence services, this article considers the impact that the formalization of intelligence agencies and their powers has had in Britain. Britain long adopted the legal fiction — manifestly false in practice if not in theory — that the representatives of MI5 and MI6 were merely “ordinary citizens”. In fact they exercised considerable power and the moves to establish a legal foundation for those powers and appropriate checks and balances in the past two decades were, as the European Court held, demanded by the rule of law. At the same ...


Racial Cartels, Daria Roithmayr 2010 University of Southern California Gould School of Law

Racial Cartels, Daria Roithmayr

Michigan Journal of Race and Law

This Article argues that we can better understand the dynamic of historical racial exclusion if we describe it as the anti-competitive work of "racial cartels." We can define racial cartels to include a range of all-White groups - homeowners' associations, school districts, trade unions, real estate boards and political parties - who gained signficant social, economic and political profit from excluding on the basis of race. Far from operating on the basis of irrational animus, racial cartels actually derived significant profit from racial exclusion. By creating racially segmented housing markets, for example, exclusive White homeowners' associations enjoyed higher property values that depended ...


Civil Rights Violations = Broken Windows: De Minimis Curet Lex, Anita Bernstein 2010 Brooklyn Law School

Civil Rights Violations = Broken Windows: De Minimis Curet Lex, Anita Bernstein

Faculty Scholarship

No abstract provided.


Macarthur Foundation, Consultant, Francine Sherman 2010 Boston College Law School

Macarthur Foundation, Consultant, Francine Sherman

Francine T. Sherman

Consulted on ways to incorporate girls' issues into MacArthur Foundation juvenile justice grant-making


Just Laws Versus Unjust Laws: Asserting The Morality Of Civil Disobedience, Amin George Forji 2010 University of Helsinki

Just Laws Versus Unjust Laws: Asserting The Morality Of Civil Disobedience, Amin George Forji

George Forji Amin

How is a citizen living under a merciless totalitarianism such as the Nazi but opposed to its philosophies expected to respond to the law? Where does his primary obligation as a citizen reside? Is it to the laws of the land that command total submission or to his convictions by which he is convinced that the system is totally unjust? Does one have a moral obligation to always obey the law? Conversely, should one obey an unjust law? Obviously, such an individual like Antigone in ancient Greece is naturally torn between two loyalties. (Note 1)If he obeys the law ...


The Cross-Dressing Case For Bathroom Equality, Jennifer Levi, Daniel Redman 2010 Seattle University School of Law

The Cross-Dressing Case For Bathroom Equality, Jennifer Levi, Daniel Redman

Seattle University Law Review

While transgender rights advocates have won many battles in the fight for equality, bathroom discrimination remains a significant obstacle to transgender people’s full participation in society. This Article discusses the reasoning behind the cases that have rejected transgender people’s discrimination claims based on bathroom exclusion. The Article then demonstrates how these arguments mirror the rationales offered by supporters of long-dead, unconstitutional cross-dressing laws. Synthesizing the two bodies of case law, Levi and Redman offer a new way forward for transgender advocates seeking bathroom equality.


Fait Accompli?: Where The Supreme Court And Equal Pay Meet A Narrow Legislative Override Under The Lilly Ledbetter Fair Pay Act, Megan Coluccio 2010 Seattle University School of Law

Fait Accompli?: Where The Supreme Court And Equal Pay Meet A Narrow Legislative Override Under The Lilly Ledbetter Fair Pay Act, Megan Coluccio

Seattle University Law Review

This Comment argues the Lilly Ledbetter Fair Pay Act’s consequences will be minimally felt, so long as the Act is narrowly construed. The Comment suggests congressional action was appropriate after the Supreme Court’s Ledbetter decision and discusses the political and legislative debate leading to the Act. In addition, the Comment analyzes the Act in application, exploring its meaning, implications, and function. The Comment argues that the concerns and consequences arising from the enactment of the Act can be alleviated and avoided by a narrow interpretation of its amendment to Title VII of the Civil Rights Act. Finally, the ...


The Posse Comitatus Act And Disaster Response, Michael Greenberger, Arianne Spaccarelli 2010 University of Maryland School of Law

The Posse Comitatus Act And Disaster Response, Michael Greenberger, Arianne Spaccarelli

Michael Greenberger

The federal government’s failure to quickly send active duty troops and other military assets to Louisiana in the wake of Hurricane Katrina primarily stems from its narrow interpretation of the Posse Comitatus Act (PCA), which generally bars the use of federal troops for domestic law enforcement. As this chapter explains, the complete breakdown of law and order during a catastrophic emergency such as Hurricane Katrina allows the president to unilaterally deploy federal troops. This authority to deploy federal troops in response to certain natural disasters, in accordance with the PCA and the Constitution, is found in the Insurrection Act ...


Constitucionalidade É Regra, Paulo Ferreira da Cunha 2010 Universidade do Porto

Constitucionalidade É Regra, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

A Constituição não é um desses conceitos que se dobram e desdobram, fazem e refazem a bel-prazer dos interesses dos políticos, ou dos comentadores, que não o são menos. Não é questão de moda. Já como que ouvimos alguns a pensar, e quiçá a dizer mesmo: "Esta estação "está a dar", é "chic" ser contra a velharia da Constituição. Façamos pois uma nova, rasguemos e rompamos a velha - mesmo que por revisão -, fruto dessa coisa caduca, desactualizada, a revolução dos cravos, flor popularucha..." A Constituição, porém, não se muda por capricho de bem-pensantes, que nos querem doutrinar com o que ...


Sexual Harassment In The Workplace: A Practitioner's Guide To Tort Actions, Alice Montgomery 2010 Golden Gate University School of Law

Sexual Harassment In The Workplace: A Practitioner's Guide To Tort Actions, Alice Montgomery

Golden Gate University Law Review

No abstract provided.


Civil Rights - Civil Liberties, Robert Hoerger 2010 Golden Gate University School of Law

Civil Rights - Civil Liberties, Robert Hoerger

Golden Gate University Law Review

No abstract provided.


Employment Discrimination Against Lesbians: Municipal Ordinances And Other Remedies, Andra Pearldaughter 2010 Golden Gate University School of Law

Employment Discrimination Against Lesbians: Municipal Ordinances And Other Remedies, Andra Pearldaughter

Golden Gate University Law Review

No abstract provided.


A Constituição É Soberana, Paulo Ferreira da Cunha 2010 Universidade do Porto

A Constituição É Soberana, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

A Constituição está acima de toda e qualquer outra manifestação jurídica, e, naturalmente, política. Por isso tem sido identificada, na pirâmide normativa (e jurídica em geral), com o vértice. Todo o Direito tem de estar de acordo com a Constituição. As normas, mesmo pretensamente constitucionais, que não respeitem a Constituição, são inconstitucionais e devem ser apagadas (quanto possível, pela natureza das coisas) da ordem jurídica. Estas como outras ideias simples nem sempre são aplicadas (ou se têm presentes) na prática do debate político. Quando, por exemplo, se pensa em revisões constitucionais. Estas também têm de respeitar a hierarquia normativa, logo ...


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