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Newsroom: Lgbt Equality: The Challenges Ahead, Roger Williams University School Of Law
Newsroom: Lgbt Equality: The Challenges Ahead, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Administrative Agencies; Subpoena Power; Relevancy; Right Of Privacy; Atchison, Topeka & Sante Fe Ry. Co. V. Lopez, David L. Hostetler
Administrative Agencies; Subpoena Power; Relevancy; Right Of Privacy; Atchison, Topeka & Sante Fe Ry. Co. V. Lopez, David L. Hostetler
Akron Law Review
The Kansas Supreme Court in Sante Fe has joined the majority of states in declaring that administrative "fishing expeditions" via the use of subpoena powers are now permissible. No probable cause need be shown and confidential information may be subject to subpoena if there is even a mere possibility of relevance to a matter within the scope of the agency's authority. The state's interest in preventing discrimination in employment practices has been declared a "compelling state interest" such as to override any claims to rights of privacy. Although primarily discussing only arrest and conviction records, the court in actuality upheld …
Making And Meeting The Prima Facie Case Under The Fair Housing Act, Frederic S. Schwartz
Making And Meeting The Prima Facie Case Under The Fair Housing Act, Frederic S. Schwartz
Akron Law Review
This article will deal almost exclusively with cases in the Individual Discrimination category.
Analysis of the housing discrimination cases requires that the fundamental substantive issue and the fundamental procedural issue be carefully distinguished. The substantive issue is simply whether the Act has been violated. That issue will be ultimately decided by the jury (or the judge in a trial to the court). The fundamental procedural issue with which we shall be concerned is whether the plaintiff has established his "prima facie case."
Part II of this paper will deal with the substantive issue and Part III with the procedural one. …