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Articles 11161 - 11190 of 12002
Full-Text Articles in Entire DC Network
The Repressed Issues Of Sentencing: Accountability, Predictability, And Equality In The Era Of The Sentencing Commission, John C. Coffee Jr.
The Repressed Issues Of Sentencing: Accountability, Predictability, And Equality In The Era Of The Sentencing Commission, John C. Coffee Jr.
Faculty Scholarship
The existence of disparities in the sentences imposed on equally culpable offenders has long been a subject of jurisprudential concern. The author provides a critique of recent efforts to objectify the sentencing process that rely on a matrix table prescribing guideline sentence lengths on the basis of offense severity and predictions of recidivism. With particular emphasis on the Sentencing Commission authorized by pending federal legislation, he urges the need for political accountability in the body that inevitably makes value judgments in the preparation and administration of such a guideline system. Finally, the author discusses the normative issues that surround the …
Title Vii: Legal Protection Against Sexual Harassment, Kerri Weisel
Title Vii: Legal Protection Against Sexual Harassment, Kerri Weisel
Washington Law Review
This comment will focus on the three major themes raised by these decisions: (1) whether sexual harassment is or can be gender-based; (2) whether or not the supervisor must be treated as the representative of the employer; and (3) whether recognition of a Title VII cause of action will inundate the courts with unfounded claims of harassment. After exploring the approaches and analyses of the various courts, the comment concludes that sexual harassment can constitute a violation of Title VII's prohibition against sex discrimination; and that whether it does or not is basically a question of fact.
The Paradox Of Preferential Treatment—Reverse Discrimination—The Implications Of Lindsay V. City Of Seattle, 86 Wn. 2d 698, 548 P.2d 320, Cert. Denied Sub Nom. Brabant V. City Of Seattle, 97 S. Ct. 237 (1976), Kerry Radcliffe
Washington Law Review
In upholding a municipal affirmative action plan, Lindsay provides a point of departure for an analysis of the reverse discrimination questions inherent in such plans. Following a brief history of the development of preferential employment remedies and an examination of the Lindsay decision, this note will evaluate preferential relief and reverse discrimination within the framework of Lindsay, Title VII of the Civil Rights Act of 1964, and recent court decisions. Applicability of the Lindsay methodology to future reverse discrimination cases will be examined in light of apparent Supreme Court approval of a reverse discrimination cause of action under Title VII. …
Applicability Of Federal Antidiscrimination Legislation To The Selection Of A Law Partner, Michigan Law Review
Applicability Of Federal Antidiscrimination Legislation To The Selection Of A Law Partner, Michigan Law Review
Michigan Law Review
The decision by the members of a law partnership to invite an associate of the firm to become a partner involves careful consideration of the associate's qualifications. Recently some associates who have been denied advancement to partnership have alleged improper consideration of religion, national origin, or sex in the partner selection process. There are, of course, practical difficulties in proving discrimination in the subjective context of partnership selection. Assuming clear evidence of such discrimination, this Note addresses the question whether an associate may invoke the protection of federal antidiscrimination legislation.
Retirement Communities: The Nature And Enforceability Of Residential Segregation By Age, Mary Doyle
Retirement Communities: The Nature And Enforceability Of Residential Segregation By Age, Mary Doyle
Michigan Law Review
Although age segregation in retirement communities can be established in a variety of ways, the Article focuses primarily on age-restrictive zoning ordinances, the method most directly involving governmental action. The Article first considers those persons adversely affected by age-restrictive retirement communities and suggests that potential plaintiffs may be divided into three classes-neighboring property owners whose land values are affected by the establishment of a retirement community, those excluded from such a community solely by virtue of ·their age, and those excluded or potentially excluded because of the age of persons with whom they choose to live. Next, the constitutional arguments …
Regents Of University Of California V. Bakke, Lewis F. Powell Jr.
Regents Of University Of California V. Bakke, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Monell V. Deptartment Of Social Services Of The City Of New York, Lewis F. Powell Jr.
Monell V. Deptartment Of Social Services Of The City Of New York, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Santa Clara Pueblo V. Martinez, Lewis F. Powell Jr.
Santa Clara Pueblo V. Martinez, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Civil Rights—The Supreme Court's Terrible Swift Sword: The Civil Rights Act Of 1866 And The Reconstruction Of Private Schools—Runyon V. Mccrary, 427 U.S. 160 (1976), Gerald Bresslour
Washington Law Review
Plaintiffs, black children, were denied admission to defendants' private schools solely on the basis of race. The children's parents had made applications for admission in response to brochures mailed to "resident" and advertisements directed to the general public. Alleging that defendants had violated 42 U.S.C. § 1981 by denying plaintiffs the same right to enter into contracts that was enjoyed by white applicants, plaintiffs filed a class action suit in federal district court. The district court enjoined defendants and intervenor Southern Independent School Association from further racial discrimination in their admission practices. A divided Court of Appeals for the Fourth …
Disaster By Decree: The Supreme Court Decisions On Race And The Schools, By Lino A. Graglia, Robert M. O'Neil
Disaster By Decree: The Supreme Court Decisions On Race And The Schools, By Lino A. Graglia, Robert M. O'Neil
Indiana Law Journal
No abstract provided.
The Race, Class And Housing Conundrum: A Rationale And Proposal For A Legislative Policy Of Suburban Inclusion, Charles E. Daye
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.
Developing "Tort" Standards For The Award Of Mental Distress Damages In Statutory Discrimination Actions, Harold J. Rennett
Developing "Tort" Standards For The Award Of Mental Distress Damages In Statutory Discrimination Actions, Harold J. Rennett
University of Michigan Journal of Law Reform
The relation between tort remedies and discrimination has been examined extensively, yet there has been little consideration of this relationship with respect to appropriate evidentiary standards for the award of mental distress damages in discrimination cases. This article will consider such standards. After briefly tracing the history of mental distress award standards in discrimination cases, this article will critically examine present compensatory approaches in such cases and suggest an alternative philosophy more consonant with tort compensation principles.
Knocking On Wood: Some Thoughts On The Immunities Of State Officials To Civil Rights Damage Actions, Joseph Kattan
Knocking On Wood: Some Thoughts On The Immunities Of State Officials To Civil Rights Damage Actions, Joseph Kattan
Vanderbilt Law Review
Recent developments suggest that even without congressional action municipalities and other subdivisions of the state not protected by the eleventh amendment may be subject to liability for the actions of their officers. Presently, however, an aggrieved individual's primary remedy is recovery of damages from the offending officers. This right of recovery hinges on whether the officer should have understood the unconstitutional effect of his actions. Although the need for uniformity in the standard of liability, in the burden of proof, and in the scope of official defenses and immunities is acute, neither the courts nor the commentators have articulated a …
School Desegregation, Class Suits, And The Vexing Problem Of Group Remedies, Keith Jurow
School Desegregation, Class Suits, And The Vexing Problem Of Group Remedies, Keith Jurow
West Virginia Law Review
No abstract provided.
Chapters Of The Civil Jury, Doug Rendleman
Chapters Of The Civil Jury, Doug Rendleman
Scholarly Articles
The civil jury, though constitutionally protected by the seventh amendment, has remained a controversial institution throughout much of Anglo-American legal history. Our romantic ideals are questioned by critics who view the civil jury as prejudiced and unpredictable; proponents note the sense of fairness and "earthy wisdom" gained by community participation in the legal process. This debate surfaces in the process of accommodation between certain substantive goals of the law and the pre-verdict and post-verdict procedural devices courts have employed to control the jury. In this article, Professor Rendleman examines this conflict in his three "chapters" involving racially motivated discharges of …
Civil Rights Litigation: An Investigation, Preparation & Trial Manual, P. Kent Spriggs
Civil Rights Litigation: An Investigation, Preparation & Trial Manual, P. Kent Spriggs
Florida State University Law Review
By Andrew J. Ruzicho.1 Cincinnati: Anderson Publishing Co., 1976. Pp. xvii, 372. $35.00.
Runyon V. Mccrary And Regulation Of Private Schools, Mary-Michelle Upson Hirschoff
Runyon V. Mccrary And Regulation Of Private Schools, Mary-Michelle Upson Hirschoff
Indiana Law Journal
No abstract provided.
Civil Rights, Alfred L. Evans Jr.
Civil Rights, Alfred L. Evans Jr.
Mercer Law Review
During the course of 1976, the U.S. Court of Appeals for the Fifth Circuit rendered approximately 125 opinions in cases dealing with the myriad ways in which the Constitution of the United States affects the civil relationships between citizens and their government and between each other. In view of the impossibility of going beyond a rather pointless two or three sentences per case, should it be attempted to cover all or even the bulk of these cases, I have once again selected but a few of those areas in which the Court has acted for a somewhat more detailed analysis.
Judicial Protection Of Minorities, Terrance Sandalow
Judicial Protection Of Minorities, Terrance Sandalow
Articles
In United States v. Carolene Products Co., Justice Stone suggested by indirection that there "may be narrower scope for operation of the presumption of constitutionality" when courts are called upon to determine the validity "of statutes directed at particular religious . . . or national . . . or racial minorities."' In such cases, he explained, "prejudice against discrete and insular minorities may be a special condition, which tends seriously to curtail the operation of those political processes ordinarily to be relied upon to protect minorities, and which may call for a correspondingly more searching judicial inquiry."' Forty years later, …
Aliens And Equal Protection: Why Not The Right To Vote?, Gerald M. Rosberg
Aliens And Equal Protection: Why Not The Right To Vote?, Gerald M. Rosberg
Michigan Law Review
A constitutional right of at least some aliens to vote does not seem to me at all unthinkable. Throughout much of the nineteenth century and part of the twentieth, aliens enjoyed the right to vote in a great many states. The states that extended the franchise to aliens plainly did not believe that they were acting under constitutional compulsion. But given our present understanding of the mission of the equal protection clause, much can now be said in defense of such a constitutional right. My purpose here is to outline the case that might be made for the right of …
Civil Rights--Employment Rights Of The Physically Handicapped, Denver C. Offutt Jr.
Civil Rights--Employment Rights Of The Physically Handicapped, Denver C. Offutt Jr.
West Virginia Law Review
No abstract provided.
Illegitimates And Equal Protection, David Hallissey
Illegitimates And Equal Protection, David Hallissey
University of Michigan Journal of Law Reform
Illegitimates often have been discriminated against by legislatures in the enactment of statutes, as well as by courts which have sanctioned such legislation. This article will examine the judicial response to legislative treatment of the illegitimate in social insurance, loss compensation, and intestacy statutes. Emphasizing the Supreme Court's analysis of the legal status of illegitimates in terms of the equal protection clause, it will also discuss how the principle of equal protection may be applied in order to reduce the number of illegitimates denied the benefit and protection of the law.
Civil Rights-Religious Discrimination In Employment- Title Vii Of The Civil Rights Act Requires Reasonable Accommodation Of Employee Religious Beliefs By Employer Despite Conflicting Lawful Agency Shop Provision-Cooper V. General Dynamics, Bradley R. Jardine
BYU Law Review
No abstract provided.
The Statute Of Limitations In The Fair Housing Act: Trap For The Unwary, Edward Phillips Nickinson, Iii
The Statute Of Limitations In The Fair Housing Act: Trap For The Unwary, Edward Phillips Nickinson, Iii
Florida State University Law Review
No abstract provided.
General Electric Company V. Gilbert: The Plight Of The Working Woman, 11 J. Marshall J. Prac. & Proc. 215 (1977), Marcia Lynn Cohen
General Electric Company V. Gilbert: The Plight Of The Working Woman, 11 J. Marshall J. Prac. & Proc. 215 (1977), Marcia Lynn Cohen
UIC Law Review
No abstract provided.
Aldinger V. Howard: At The Crossroads Of Pendent Party Jurisdiction And Section 1983 Limits On Suable "Persons", 11 J. Marshall J. Prac. & Proc. 231 (1977), Wallace J. Wolff
Aldinger V. Howard: At The Crossroads Of Pendent Party Jurisdiction And Section 1983 Limits On Suable "Persons", 11 J. Marshall J. Prac. & Proc. 231 (1977), Wallace J. Wolff
UIC Law Review
No abstract provided.
Constitutional Law - School Desegregation - Interdistrict Desegregation Order Is Within Discretion Of District Court When Based Upon Finding Of One Or More Interdistrict Constitutional Violation, James D. Hilly
Villanova Law Review (1956 - )
No abstract provided.
Procedural Due Process And The Convicted Prisoner, 10 J. Marshall J. Of Prac. & Proc. 313 (1977), James A. Pitts
Procedural Due Process And The Convicted Prisoner, 10 J. Marshall J. Of Prac. & Proc. 313 (1977), James A. Pitts
UIC Law Review
No abstract provided.
The Wicked Witch Is Almost Dead: Buck V. Bell And The Sterilization Of Handicapped Persons, Robert L. Burgdorf, Mary Pearce Burgdorf
The Wicked Witch Is Almost Dead: Buck V. Bell And The Sterilization Of Handicapped Persons, Robert L. Burgdorf, Mary Pearce Burgdorf
Journal Articles
Judgment at Nuremberg 1 concerned the criminal trial of a former German judge who, under Hitler's Third Reich, had ordered involuntary sexual sterilization operations to be performed upon Jewish men and women. In a famous scene from that screenplay and movie, the defense counsel, Rolfe, cross-examines a German law professor, Dr. Wieck, in regard to the legality of such practices: Rolfe (continuing) Dr. Wieck, you referred to "novel National Socialist measures introduced, among them sexual sterilization." Dr. Wieck, are you aware that this was not invented by National Socialism, but had been advanced for years before as a weapon in …
The Relationship Between Title Vii And The Nlra: Getting Our Acts Together In Race Discrimination Cases, Mark D. Roth
The Relationship Between Title Vii And The Nlra: Getting Our Acts Together In Race Discrimination Cases, Mark D. Roth
Villanova Law Review (1956 - )
No abstract provided.