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Civil Rights and Discrimination

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Collateral Challenges To Criminal Convictions, Keith G. Meyer, Larry Yackle Jan 1973

Collateral Challenges To Criminal Convictions, Keith G. Meyer, Larry Yackle

Faculty Scholarship

The Kansas Defender Project is a clinical program sponsored by the University of Kansas School of Law. The Project provides student legal services to indigent prison inmates at the United States Penitentiary at Leavenworth and the Kansas State Penitentiary at Lansing, Kansas. Launched in 1965 through the efforts of Paul E. Wilson, Kane Professor of Law, the Project has since been a model for similar clinical undertakings at law schools across the country.


Administrative Law—Expansive Discretion Allowed Executive Branch In Admission Of Politically Disfavored Aliens., Susan Ginsberg Jan 1973

Administrative Law—Expansive Discretion Allowed Executive Branch In Admission Of Politically Disfavored Aliens., Susan Ginsberg

Buffalo Law Review

Kleindienst v. Mandel, 408 U.S. 753 (1972).


Recent Developments In Equal Employment Opportunity Litigation, Howard R. Besser Jan 1973

Recent Developments In Equal Employment Opportunity Litigation, Howard R. Besser

Cleveland State Law Review

The 1964 Civil Rights Act, enacted on July 2nd of that year, represented an attempt by the federal government to deal with unlawful discrimination in many fields of endeavor, including housing, employment, public accommodations and facilities, federally assisted and federally funded programs, voting rights, etc. . . Title VII of that Act is specifically concerned with equal employment opportunity and creates the Equal Employment Opportunity Commission to carry out the functions of the law.


Abroad In The Land: Legal Strategies To Effectuate The Rights Of The Physically Disabled, Ann Powers Jan 1973

Abroad In The Land: Legal Strategies To Effectuate The Rights Of The Physically Disabled, Ann Powers

Elisabeth Haub School of Law Faculty Publications

In view of limited legislative action, the handicapped may be forced to resort to the courts in order to vindicate their rights. To do so, they must develop new legal strategies by using existing theories in previously unexplored ways. This Note will consider the development of such strategies in the areas of education, physical access and employment.


Back Pay Awards: A Remedy Under Executive Order 11246, M. Brian Moroze Jan 1973

Back Pay Awards: A Remedy Under Executive Order 11246, M. Brian Moroze

Buffalo Law Review

No abstract provided.


Constitutional Approaches To Metropolitan Planning, John W. Ragsdale Jr Jan 1973

Constitutional Approaches To Metropolitan Planning, John W. Ragsdale Jr

Faculty Works

No abstract provided.


Using Statistical Evidence To Enforce The Laws Against Discrimination, Kenneth Montlack Jan 1973

Using Statistical Evidence To Enforce The Laws Against Discrimination, Kenneth Montlack

Cleveland State Law Review

In actions brought under a variety of federal statutes barring racial discrimination, the federal judiciary has increasingly relied upon statistical evidence in determining the existence of unlawful discrimination. This article will seek to identify the nature and extent of such reliance on statistical evidence, discuss the reasons for the increasing use of statistical evidence, analyze the significance of the increase, and explore the potential for using statistical evidence in actions by the Ohio Civil Rights Commission.


The Judiciary And Education Reform: A Reassessment, Judith C. Areen Jan 1973

The Judiciary And Education Reform: A Reassessment, Judith C. Areen

Georgetown Law Faculty Publications and Other Works

Professor Areen examines the judicial attempt to provide equal educational opportunity, and questions the basic premises upon which judicial intervention is based. The author concludes that judicial efforts to equalize educational opportunity have been misdirected. The goals sought to be attained by judicial intervention must be reconsidered before an effective education can be provided for all.


Toward Due Process In Injunction Procedure, Doug R. Rendleman Jan 1973

Toward Due Process In Injunction Procedure, Doug R. Rendleman

Faculty Publications

No abstract provided.


Equal Protection, Economic Legislation,And Racial Discrimination, William Silverman Nov 1972

Equal Protection, Economic Legislation,And Racial Discrimination, William Silverman

Vanderbilt Law Review

The drive to end racial discrimination now extends beyond blatant racial distinctions to less obvious and less intentional forms of unequal treatment; nonetheless, there still exist laws and governmental programs that are racially neutral on their face but that may have a racially discriminatory impact in practice. Such discrimination can take place when economic and social welfare legislation, lacking a sound economic grounding, attacks symptoms rather than causes and thereby unintentionally compounds the problems facing black people. At the same time, laws that are at the root of unequal treatment seem to go unchallenged. From the point of view of …


Strangers In Paradise: Griggs V. Duke Power Co. And The Concept Of Employment Discrimination, Alfred W. Blumrosen Nov 1972

Strangers In Paradise: Griggs V. Duke Power Co. And The Concept Of Employment Discrimination, Alfred W. Blumrosen

Michigan Law Review

In March 1966, the Equal Employment Opportunity Commission (EEOC) negotiated an extensive agreement with the Newport News Shipyard to eliminate employment discrimination. The outcome of these negotiations-which were conducted by the Office of Conciliations which I then headed-was the first major achievement for the EEOC under title Vll of the Civil Rights Act of 1964. Following that episode, Ken Holbert, Deputy Chief of Conciliations, and I decided to try to negotiate a model conciliation agreement on the subject of discriminatory employment testing. We knew that many companies had introduced tests in the 1950's and early 1960's when they could no …


Recent Developments, Law Review Staff Nov 1972

Recent Developments, Law Review Staff

Vanderbilt Law Review

The fourteenth amendment provides that "[n]o State shall . ..deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."' The amendment thus explicitly forbids the state to engage in certain conduct, but places no express restriction on the acts of private individuals. Although the Supreme Court has consistently held that state action is a necessary element of a fourteenth amendment violation, the concept of state action was expanded to cover activities arguably private in nature to the extent that by 1970 the Court …


Ward V. Village Of Monroeville, Lewis F. Powell Jr. Oct 1972

Ward V. Village Of Monroeville, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Hurtado V. United States, Lewis F. Powell Jr. Oct 1972

Hurtado V. United States, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Gagnon V. Scarpelli, Lewis F. Powell Jr. Oct 1972

Gagnon V. Scarpelli, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


White V. Regester, Lewis F. Powell Jr. Oct 1972

White V. Regester, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Drummond V. Acree, Lewis F. Powell Jr. Oct 1972

Drummond V. Acree, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Gaffney V. Cummings, Lewis F. Powell Jr. Oct 1972

Gaffney V. Cummings, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Mahan V. Howell, Lewis F. Powell Jr. Oct 1972

Mahan V. Howell, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Pittsburgh Press Co. V. Pittsburgh Commission On Human Relations, Et. Al., Lewis F. Powell Jr. Oct 1972

Pittsburgh Press Co. V. Pittsburgh Commission On Human Relations, Et. Al., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Roe V. Wade, Lewis F. Powell Jr. Oct 1972

Roe V. Wade, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Keyes V. School District No. 1, Denver, Colorado, Lewis F. Powell Jr. Oct 1972

Keyes V. School District No. 1, Denver, Colorado, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


San Antonio Independent School District V. Rodriguez, Lewis F. Powell Jr. Oct 1972

San Antonio Independent School District V. Rodriguez, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Georgia V. United States, Lewis F. Powell Jr. Oct 1972

Georgia V. United States, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


A Woman's Right To Voluntary Sterilization, Susan L. Bloom Oct 1972

A Woman's Right To Voluntary Sterilization, Susan L. Bloom

Buffalo Law Review

No abstract provided.


Whither The Concept "Affected With A Public Interest"?, Sterry R. Waterman Oct 1972

Whither The Concept "Affected With A Public Interest"?, Sterry R. Waterman

Vanderbilt Law Review

We of the law and we who administer the law are challenged today more acutely than ever before. Many serious-minded people question whether the law is or can ever be an instrumentality of social justice.Many of our citizens believe that, irrespective of the precepts of the law,the administration of the law frequently has been used as a device to frustrate the legitimate aspirations of those seeking to participate as equals with other Americans in the benefits of American society. The inclusion of more and more activities as activities "affected with the public interest" is evidence that there are some who …


School Board Of The City Of Richmond, Virginia V. State Board Of Education Of The Commonwealth Of Virginia, Lewis F. Powell Jr. Sep 1972

School Board Of The City Of Richmond, Virginia V. State Board Of Education Of The Commonwealth Of Virginia, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Attorney Fees In School Desegregation Cases Sep 1972

Attorney Fees In School Desegregation Cases

Washington and Lee Law Review

No abstract provided.


School Desegregation And Affirmative Equitable Relief: Swann And Beyond Sep 1972

School Desegregation And Affirmative Equitable Relief: Swann And Beyond

Washington and Lee Law Review

No abstract provided.


Recent Developments, Law Review Staff May 1972

Recent Developments, Law Review Staff

Vanderbilt Law Review

In the recent decision of Bradley v. School Board, a Virginia federal court ordered the consolidation of the predominantly black Richmond school district with the surrounding all-white suburban school districts of Henrico and Chesterfield Counties. This decision marks the first time that a court has consolidated two or more autonomous school districts for the purpose of achieving a racial balance in the schools that reflects the racial composition of the consolidated areas as a whole. While Judge Merhige in Bradley punctiliously followed the principles enunciated by the Supreme Court in Swann v. Charlotte-Mecklenburg Board of Education and its earlier desegregation …