Digital Commons Network^™

Applying Disparate Impact To Title Vii Comparable Worth Claims: An Incomparable Task, Joseph P. Loudon, Timothy D. Loudon

Indiana Law Journal

No abstract provided.

Bowers V. Hardwick: The Constitutionality Of Georgia's Sodomy Statute, 20 J. Marshall L. Rev. 325 (1986), James J. Bromberek

UIC Law Review

No abstract provided.

The Court-Ordered Predisposition Evaluation Under Washington's Juvenile Justice Act: A Violation Of The Privilege Against Self-Incrimination?—Wash. Rev. Code § 13.40, Judith H. Ramseyer

Seattle University Law Review

This Comment analyzes the significance of the principles animating the constitutional privilege against self-incrimination by first looking at the purposes of Washington’s Juvenile Justice Act; second, by examining the status of the privilege against self-incrimination during sentencing; and third, by applying the values protected by the privilege to the use of predisposition psychological evaluations in Washington juvenile courts.

The Bfoq Defense In Adea Suits: The Scope Of "Duties Of The Job", Robert L. Fischman

Articles by Maurer Faculty

No abstract provided.

The Bona Fide Occupational Qualification Exception--Clarifying The Meaning Of"Occupational Qualification", Jane W. May

Vanderbilt Law Review

The Age Discrimination in Employment Act (ADEA) prohibits employment decisions that discriminate against people aged forty to seventy because of their age. An exception to the ADEA permits otherwise unlawful age discrimination when age is a "bonafide occupational qualification [BFOQ] reasonably necessary to the normal operation of the particular business.'' To invoke this exception successfully, an employer must produce evidence from which a court can conclude that age is a valid BFOQ. Currently,some confusion exists as to whether an employer's evidence must establish that age is relevant to the performance of the employee's specific duties or whether this evidence need …

Of Cultural Determinism And The Limits Of Law, Paul R. Dimond, Gene Sperling

Michigan Law Review

A Review of Civil Rights: Rhetoric or Reality? by Thomas Sowell

Automatic And Indefinite Commitment Of Insanity Acquittees: A Procedural Straitjacket, John B. Scherling

Vanderbilt Law Review

This Recent Development suggests that the Court erroneously decided Jones. Part II examines the Supreme Court's constitutional analysis of commitment procedures and discusses postacquittal commitment in state and lower federal courts. Part III analyzes the Jones decision and the exception that it allows for the commitment of insanity acquittees. Part IV contends that prior to involuntary and indefinite commitment an insanity acquittee deserves the same standard of proof as a civil commitment candidate-proof of mental illness and dangerousness by clear and convincing evidence. Part IV also argues that absent proof by clear and convincing evidence of the acquittee's need for …

Did The Stotts Decision Really Spell The End Of Race-Conscious Affirmative Action?, William L. Robinson, Stephen L. Spitz

NYLS Journal of Human Rights

No abstract provided.

On Complaining About The Burger Court, Robert F. Nagel

Publications

No abstract provided.

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 …

Iv. Civil Rights & Employment Discrimination

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.

Survey Of Developments In The Fourth Circuit: 1981

West Virginia Law Review

No abstract provided.

Vi. Constitutional Law & Civil Rights

Washington and Lee Law Review

No abstract provided.

Talbert V. City Of Richmond, John Lewis

West Virginia Law Review

No abstract provided.

Granting Charitable Tax Exemptions To Racially Discriminatory Schools, Kathleen Mcdonough

Kentucky Law Journal

No abstract provided.

A Tale Of Two Amendments: The Reasons Congress Added Sex To Title Vii And Their Implication For The Issue Of Comparable Worth, Michael Evan Gold

Duquesne Law Review

The author of this article examines and dispels the frequently cited account that the provisions against sex discrimination in Title VII of the Civil Rights Act of 1964 were created as a Congressman's joke or as an attempt to defeat the bill. He analyzes the background of the Smith and Bennett amendments, focusing on the congressional debates as they appear in the Congressional Record. He concludes that the Members of Congress were serious about sex discrimination, and that this seriousness has important implications for the interpretation of Title VII.

Eeoc V. City Of Janesville: Promoting Age Discrimination - The Exception Becomes The Rule, 14 J. Marshall L. Rev. 895 (1981), James E. Debruyn

UIC Law Review

No abstract provided.

Age Discrimination In Employment Act Amendments Of 1978: Tension Between Congress And The Courts, John A. Adams, Jay D. Pimentel

BYU Law Review

No abstract provided.

City Of Mobile, Alabama V. Bolden, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

The Ombudsman, Or Citizens' Defender - The North Carolina Experience, William G. Haemmel

North Carolina Central Law Review

No abstract provided.

The Body Of John Merryman: Ex Parte Merryman, A Case Of Executive-Judicial Conflict Over The Suspension Of Habeas Corpus, Eric Paul Anderson

All Master's Theses

At the outbreak of the Civil War the Federal military arrested certain people whose loyalty was suspect. One victim, John Merryman, attempted to free himself by petitioning for a writ of habeas corpus. However, President Lincoln authorized the military to suspend the writ in such cases. The matter came before Chief Justice Taney who disputed the president's authority to suspend the writ and ruled in Merryman's favor. This thesis recounts the history of the habeas corpus process in Anglo-American law and its inclusion in the Constitution, Merryman's role in the first hostilities, his arrest, and the attempt to free him. …

Monell V. New York Board Of Social Services: New Liability For Land Use Regulators In Ohio - The Limits Of Regulatory Power, James M. Speros

Cleveland State Law Review

Monell places decisions of local agencies regarding land use in an entirely new light. While the exact scope of local governmental liability is yet to be determined, land use decisions can no longer be made without consideration of potential financial consequences from this new civil rights liability. Local governments must be aware that this potential financial responsibility will make challenges to land use decisions far more attractive to landowners. Thus, local governments must pay particular attention to the specific limitations on their power to regulate land use control, for significant financial liability may now be imposed if these bodies exceed …

New York City Transit Authority V. Beazer, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Simple Justice In The Cradle Of Liberty: Desegregating The Boston Public Schools, Ronald R. Edmonds

Vanderbilt Law Review

This Article provides a summary view of the desegregation of the Boston public schools. Some aspects of teaching and learning in the Boston schools clearly have improved as a direct consequence of Boston's desegregation, while others seem little affected. Teaching and learning are mentioned at the outset because later discussion will establish that black Bostonians seek desegregation as part of their larger and more general quest for improved schooling for their children.' The success or failure of desegregation therefore may fairly be judged partly on the basis of its effect upon the quality of schooling made available to black children. …

Pamphlet: Women And The Law. April 22, 1978

Saffy Collection - All Textual Materials

A seminar that explores the legal and humanistic issues concerning women and the law. Produced by the Mayor's advisory commission on the status of women in the City of Jacksonville, Florida.

Prisoner's Rights -- Failure To Provide Adequate Law Libraries Denies Inmates' Right Of Access To The Courts, Irma S. Russell

Faculty Law Review Articles

This article examines the Supreme Court's decision in Bounds v. Smith and the movement toward recognition of the rights that prisoners retain after incarceration.

Part I outlines the nature and legal foundation of the right of access to the courts as endorsed by Bounds. Part II examines questions raised by the dissenting opinions concerning the scope and validity of the right. Part III addresses the practical implication of the decision and concludes that the right of state and federal prisoners to access legal information in preparing legal papers stands on firmer ground after this decision.

Federal Regulation Of Collective Bargaining By State And Local Employees: Constitutional Alternatives, Ronald C. Brown

Faculty Publications

No abstract provided.

The Race, Class And Housing Conundrum: A Rationale And Proposal For A Legislative Policy Of Suburban Inclusion, Charles E. Daye

North Carolina Central Law Review

No abstract provided.

Preliminary Relief In Employment Discrimination Cases, Richard F. Richards

Kentucky Law Journal

No abstract provided.