Digital Commons Network^™

Case Comment: Desegregating A Demographically Changing School District--Pasadena City Board Of Education V. Spangler, Ellen Bowman Welsch

Seattle University Law Review

In Swann v. Charlotte-Mecklenburg Board of Education the Supreme Court suggested, by negative implication, that a court supervising the desegregation of a school district can require school officials to eliminate resegregation caused solely by natural demographic changes if school officials have not yet achieved a unitary system. The Court's holding in Pasadena City Board of Education v. Spangler, however, demonstrates that the Court did not intend this negative implication. Under Spangler, once school officials have eliminated state-imposed segregation from student assignment, the supervising court cannot require school officials to redraw attendance zones to eliminate non-state imposed resegregation even though the …

The Numbers Game - The Use And Misuse Of Statistics In Civil Rights Litigation, Marcy M. Hallock

Villanova Law Review (1956 - )

No abstract provided.

Primary And Secondary Characteristics In Discrimination Cases, Richard Marshall Abrams

Villanova Law Review (1956 - )

No abstract provided.

Administrative Cutoff Of Federal Funding Under Title Vi: A Proposed Interpretation Of "Program", Myrna E. Friedman

Indiana Law Journal

No abstract provided.

Book Review: Graglia, Disaster By Decree, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.

Bfoq: An Exception Becoming The Rule, Ronald J. James, Michael A. Alaimo

Cleveland State Law Review

Recent court decisions interpreting section 4(f)1 of the Age Discrimination in Employment Act and defining bona fide occupational qualification (BFOQ) exemptions have done little to promote employment of or prohibit discrimination against older Americans. Nor have the decisions helped employers or workers understand applicable BFOQ standards. In essence, recent court decisions have so distorted the BFOQ exemption as to gut the lofty intent of the law set forth in the preamble. It is the purpose of this article to examine these recent court decisions, to assess the court's misapplication of their own historic BFOQ test, and to attempt to probe …

Third Party Suits Under Section 3612 Of The Fair Housing Act Of 1968, Gary A. Grasso

Fordham Urban Law Journal

This note examines the Fair Housing Act of 1968 (1968 Act) which makes it unlawful, with certain exceptions, to discriminate in the sale or rental of private housing. In particular, the note examines the remedies available under Sections 3610 and 3612, which provide for the enforcement of the statute by private complainants. The note focuses on the issue of standing and the question of alternative use involving sections 3610 and 3612 of the 1968 Act, especially as to third party complainants. The note concludes that just as section 3610 was opened to plaintiffs arguing for the rights of third parties, …

Chapters Of The Civil Jury, Doug R. Rendleman

Faculty Publications

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 …

Racial Preferences In Higher Education: Political Responsibility And The Judicial Role, Terrance Sandalow

Book Chapters

... Professors John Hart Ely and Richard Posner have established diametrically opposed positions in the debate. Their contributions are of special interest because each undertakes to answer the question within the framework of a theory concerning the proper distribution of authority between the judiciary and the other institutions of government

...Professor Ely [see pp. 208-216, herein] defends the constitutionality of racial preferences, essentially on the ground that the equal-protection clause should not be read to prevent a majority from discriminating between itself and a minority only to its own disadvantage. The predicate for an active judicial role is lacking, ... …

From Washington To Arlington Heights And Beyond: Discriminatory Purpose In Equal Protection Litigation, Robert G. Schwemm

Law Faculty Scholarly Articles

When the Supreme Court decided Washington v. Davis on June 7, 1976, it began a new era in civil rights law. Rejecting the contention that state action is unconstitutional solely because it operates to injure more blacks than whites, the Court held that proof of discriminatory purpose is necessary to establish a claim of racial discrimination under the equal protection clause. In two cases decided the following term—Village of Arlington Heights v. Metropolitan Housing Development Corp. and Castaneda v. Partida—the Court reaffirmed its commitment to the discriminatory purpose requirement, but was badly divided on how to apply the …

The Civil Rights Attorneys' Fees Awards Act Of 1976

Washington and Lee Law Review

No abstract provided.

Runyon V. Mccrary: Section 1981 Opens The Doors Of Discriminatory Private Schools, Thomas M. Trezise

Washington and Lee Law Review

No abstract provided.

Justice Sherman Minton And The Protection Of Minority Rights, David N. Atkinson

Washington and Lee Law Review

No abstract provided.

Bakke: A Compelling Need To Discriminate, Theodore J. St. Antoine

Articles

Two of America's most cherished values collided head-on a few months ago, when the U.S. Supreme Court began to come to grips with the most significant civil rights suit since the school desegregation cases of 1954. Arrayed on one side is the principle of governmental "color-blindness," the appealing notion that the color of a person's skin should have nothing to do with the distribution of benefits or burdens by the state. Set against it is the goal of a truly integrated society, and the tragic realization that this objective cannot be achieved within the foreseeable future unless race and color …

Racially-Preferential Policies In Institutions Of Higher Education: State Action Limitations On 42 U.S.C. § 1983 Complaints, John Scanlan

Articles by Maurer Faculty

No abstract provided.

Equal Rights Amendment South Carolina Coalition Records - Accession 81, Equal Rights Amendment South Carolina Coalition

Manuscript Collection

The Equal Rights Amendment South Carolina Coalition Records consist of correspondence, memoranda, flyers, newsletters, reports, newspaper clippings, mailing lists and financial records concerning the drive for the ratification of the Equal Rights Amendment (ERA) in South Carolina. The ERA was a proposed amendment to the United States Constitution designed to guarantee equal rights for women.

Private Discrimination Actions Filed In Federal Court: Nonsubstantive Matters Affecting Liability And Relief, Gary J. Spahn, David E. Boone

University of Richmond Law Review

Confusion regarding who may be held liable and what relief may be sought is evident in the inconsistent and conflicting decisions of the federal courts in private actions which charge unlawful discrimination under color of state law. The cause of the confusion has little to do with whether in fact the plaintiff has been the victim of discrimination but may be attributed to the piecemeal development of what may be termed nonsubstantive matters which nevertheless substantially affect the issues of liability and relief.

Introduction: Afro-America And International Law, Henry J. Richardson

Articles by Maurer Faculty

No abstract provided.

Title Ix Sex Discrimination Regulations: Impact On Private Education, Tim Philpot

Kentucky Law Journal

No abstract provided.

Preliminary Relief In Employment Discrimination Cases, Richard F. Richards

Kentucky Law Journal

No abstract provided.

The Thirteenth And Fourteenth Amendments: Constitutional Authority For Federal Legislation Against Private Sex Discrimination, Emily Calhoun

Publications

No abstract provided.

The Supreme Court And The Constitutional Rights Of Prisoners: A Reappraisal, Emily Calhoun

Publications

No abstract provided.

Section 1983 And Federalism, Richard Briffault

Faculty Scholarship

The relationship between the themes of federalism and individual rights is one that runs deep in American intellectual and social history. And it is one that has changed drastically with changes in the conditions and temperament of our society.

In the early days of the Republic, federalism was viewed as. a means of protecting individual rights from the tyranny of a unified central government. The Civil War brought with it a rejection of this guiding principle. State autonomy came to be seen not as a means to protect the individual from government abuse but rather as the primary source of …

Privacy, Paul Marcus

Faculty Publications

No abstract provided.

Implication Of Civil Remedies Under The Indian Civil Rights Act, Michigan Law Review

Michigan Law Review

This Note will discuss neither -the wisdom of the express provisions of ICRA nor the desirability of express creation by Congress of a federal civil remedy. The purpose of this Note is, instead, to analyze the bases upon which remedies have been implied by federal courts and to question whether implication is consistent with standards of statutory interpretation appropriate for Indian law. It is contended that the implication of federal civil remedies against Indian governments is improper and that if such remedies are to be created, precedent and policy mandate that they be the product of Congress. The Note will …

Book Reviews, Paul L. Murphy, Richard E. Ellis

Vanderbilt Law Review

Simple Justice: The History of Brown v. Board of Education and Black America's Struggle for Equality By Richard Kluger

Reviewed by Paul L. Murphy

Richard Kluger is a novelist and editor who retired to devote his full time to an extensive study of the landmark Supreme Court decision of Brown v. Board of Education.' Perceiving the Brown decision as a watershed with respect to America's willingness to confront the consequences of centuries of racial discrimination, Kluger set out to tell the entire story of the Brown decision. Kluger approaches the Brown case not as a study of the law and …

Court Opinion, Gay Alliance Of Students V. Matthews, U.S. Court Of Appeals Fourth District, 1976 October 28

VCU Gay Alliance of Students Collection

Twenty-three page typewritten court opinion from the United States Court of Appeals for the Fourth Circuit, with opinions from Judges Winter and Markey.

General Electric V. Gilbert, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Village Of Arlington Heights V. Metropolitan Housing Development Authority Corp., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Dayton Board Of Education V. Brinkman, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.