Digital Commons Network^™

42 U.S.C. 1983–Civil Rights–Municipalities Liable For Money Damages, Terry Clayton Paulson

University of Arkansas at Little Rock Law Review

No abstract provided.

Bakke, Weber And Mr. Justice Stewart: Constitutional Theory And Affirmative Action, Albert Broderick

North Carolina Central Law Review

No abstract provided.

An Empirical Analysis Of The Equal Credit Opportunity Act, James A. Burns Jr.

University of Michigan Journal of Law Reform

This article will first examine the legislative history of the ECOA to discover (1) the impetus for its enactment; (2) the views of proponents and opponents of the legislation concerning the presence of credit discrimination, its proper cure, and the proposed provisions of the bills introduced to deal with the problem; and (3) the congressional intent as to the use of various credit-granting factors described by the Act. Regulation B will then be similarly examined to find out how the broad mandates of the ECOA have been made concrete for the use of creditors. Finally, the article will focus on …

Rewriting Roe V. Wade, Donald H. Regan

Articles

Roe v. Wade is one of the most controversial cases the Supreme Court has decided. The result in the case - the establishment of a constitutional right to abortion - was controversial enough. Beyond that, even people who approve of the result have been dissatisfied with the Court's opinion. Others before me have attempted to explain how a better opinion could have been written. It seems to me, however, that the most promising argument in support of the result of Roe has not yet been made. This essay contains my suggestions for "rewriting" Roe v. Wade

Rites Of Passage: Race, The Supreme Court, And The Constitution, William W. Van Alstyne

Faculty Publications

No abstract provided.

Constitutional Law—Sex Discrimination Under The Equal Rights Amendment—Marchioro V. Chaney, 90 Wn. 2d 298, 582 P.2d 487 (1978), Prob. Juris. Noted, 99 S. Ct. 718 (1979), Irene Hecht

Washington Law Review

Two of several statutes governing the composition and organization of the major political parties in Washington, R.C.W. § 29.42.020 and R.C.W. § 29.42.030, require that certain pairs of party representatives consist of one man and one woman. Following an intraparty dispute various interested persons filed suit, challenging, inter alia, the constitutionality of R.C.W. §§ 29.42.020-.030 under Washington's Equal Rights Amendment (ERA). The trial court granted the plaintiffs summary judgment on this claim. In a five to four decision the Washington Supreme Court reversed, upholding the constitutionality of both statutes under the ERA because they did not discriminate on the basis …

Joint Trials Of Defendants In Criminal Cases: An Analysis Of Efficiencies And Prejudices, Robert O. Dawson

Michigan Law Review

Legislatures and courts, in weighing the relative advantages of joint and separate trials, have unreasonably struck a balance in favor of joint trials. The strongest justification traditionally offered for joint trials is efficiency. This Article shows that courts have greatly exaggerated the supposed efficiencies of joint trials while grossly underestimating the impediments joint trials pose to fair and accurate determinations of individual guilt or innocence. The propriety of joint trials is more than a question of efficiencies. Joint trials usually, although not always, help the prosecutor to get convictions, and thereby modify the balance of advantage in criminal trials. Disputes …

Slavery, Race, And The Criminal Law In Antebellum North Carolina: A Reconsideration Of The Thomas Ruffin Court, Patrick S. Brady

North Carolina Central Law Review

No abstract provided.

The Use Of Racial Preferences In Employment: The Affirmative Action/Reverse Discrimination Dilemma, Judith M. Janssen

Vanderbilt Law Review

This Note examines the constitutional and statutory background of the affirmative action/reverse discrimination issue and analyzes judicial decisions confronting the dilemma." The Note then explores grounds on which the Supreme Court might permit voluntary affirmative action using quotas. Existing EEOC guidelines and Executive' Order 11,246 offer both an objective basis on which to develop a voluntary program and a safeguard against misuse of affirmative action." When the program is established in a collective bargaining agreement, moreover, the national policy of allowing free play for the bargaining process to establish terms and conditions of employment gives an additional reason for allowing …

Age Discrimination In Employment Suits: A Practical Guide, J. Michael Mcdonald

West Virginia Law Review

Age discrimination occurs in numerous forms but is rarely overt and unconcealed. The elderly often suffer discrimination in employment without the appearance of blatant violations on the part of the employer. For the most part, the aggrieved party must look to the total surrounding circumstances in order to determine if some form of discrimination has taken place. It is therefore important that the attorney become sensitive to the intricacies of the law of age discrimination in employment in order to protect the rights of his clients. This Note is written in the hope of providing the attorney with the practical …

Beyond Bakke: The Constitution And Redressing The Social History Of Racism, Robert Allen Sedler

Law Faculty Research Publications

No abstract provided.

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

North Carolina Central Law Review

No abstract provided.

Wage Discrimination, Job Segregation, And Title Vii Of The Civil Rights Act Of 1964, Ruth G. Blumrosen

University of Michigan Journal of Law Reform

It is the thesis of this article that job segregation and wage discrimination are not separate problems, but rather are intimately related. Wherever there is job segregation, the same forces which determine that certain jobs or job categories will be reserved for women or minorities also and simultaneously determine that the economic value of those jobs is less than if they were "white" or "male" jobs. Thus, those women and minorities who are channelled into segregated jobs are not only deprived of initial hiring opportunities in other jobs and meaningful transfer opportunities, but are also paid wages for the jobs …

Beyond Bakke—The Use Of Noncognitive Factors In Professional School Admissions Decisionmaking, Catherine Wright Smith

Washington Law Review

This comment suggests that professional schools constitutionally need not and, as a matter of policy, should not be deterred from considering at least some noncognitive criteria in admissions decisions. An exhaustive constitutional analysis of the standard of inquiry appropriate for each noncognitive criterion is not attempted. Instead, the comment shows in Part I that, regardless of the standard of scrutiny applied, any constitutional adjudication will involve some inquiry into the relationship between the school's articulated admissions goals and the admissions criteria used to implement them. The focus of the comment, then, is to analyze those goals that are typically advanced …

Ruminations On The Quality Of Equality, Philip B. Kurland

BYU Law Review

No abstract provided.

V. Civil Rights

Washington and Lee Law Review

No abstract provided.

Three Views Of Equal Protection : A Backdrop To Bakke, J. Frederic Voros Jr.

BYU Law Review

No abstract provided.

South Africa: Using The Law To Establish And Maintain A Pigmentocracy, Rex S. Heinke

Michigan Law Review

A Review of Human Rights and the South African Legal Order by John Dugard

The Discriminatory Effects Of At-Large Elections, Barbara L. Berry, Thomas R. Dye

Florida State University Law Review

No abstract provided.

Attorneys' Fees, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

More On The Bakke Decision, Robert M. O'Neil, Kenneth S. Tollett, David E. Feller, William Van Alstyne

Articles by Maurer Faculty

No abstract provided.

The Maine Indian Land Claims Case: Pro And Con, Joseph Pecoraro

Maine Collection

The Maine Indian Land Claims Case: Pro and Con / Materials compiled by Dr. Joseph Pecoraro, curriculum consultant, State Department of Educational and Cultural Services, 1979.

"This is a collection of articles taken from The Church World dealing with the Maine Indian Land Claim issue."

Defining Religious Discrimination In Employment: Has Reasonable Accommodation Survived Hardison?, Randall J. Borkowski

Seattle University Law Review

Because the primary purpose of the Civil Rights Act of 1964 was the elimination of racial discrimination, not surprisingly the Act's legislative history left unclear the congressional intent of also including religion as an illegal ground for employment discrimination under Title VII. After 1964, the Equal Employment Opportunity Commission (EEOC)' and the courts struggled to interpret Title VII's prohibition of religious discrimination. In 1972, Congress amended Title VII to explicitly protect religious conduct, as well as beliefs, provided the employer might "reasonably accommodate" the conduct without "undue hardship" to his business.' In Trans World Airlines, Inc. v. Hardison, however, …

Discrimination As A Field Of Law, Arthur Larson

Faculty Scholarship

No abstract provided.

Civil Rights - Employment Discrimination - Section 1981 Cannot Invalidate Facially Neutral Seniority Systems Preserved By Title Vii Under Teamsters, John B. Wright Ii

Villanova Law Review (1956 - )

No abstract provided.

Administrative Law - Pennsylvania Human Relations Commission Does Not Have The Authority To Award Damages For Mental Anguish And Humiliation Arising From Unlawful Disrimination, Stanley A. Smith

Villanova Law Review (1956 - )

No abstract provided.

The Covenant On Civil And Political Rights As The Law Of The Land, Alice A. Noble

Villanova Law Review (1956 - )

No abstract provided.

Civil Rights - Employment Discrimination - Employer May Establish Voluntary Affirmative Action Program Within Area Of Discretion Granted By Title Vii, Penny Tannenbaum

Villanova Law Review (1956 - )

No abstract provided.

Federal Courts - 42 U.S.C. 1983 - Suing Municipalities Under 42 U.S.C. 1983: The Impact Of Monell V. Department Of Social Services, Howard M. Klein

Villanova Law Review (1956 - )

No abstract provided.

Book Review: In The Matter Of Color: Race & The American Legal Process-The Colonial Period. By Leon Higgenbotham, Jr. , 12 J. Marshall J. Prac. & Proc. 731 (1979), Robert Kratovil

UIC Law Review

No abstract provided.