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Articles 1 - 6 of 6
Full-Text Articles in Law
The Conception Of Brown, Robert L. Carter
The Conception Of Brown, Robert L. Carter
Fordham Urban Law Journal
This Article discusses the pervasive racism that continues to exist in the United States and examines the critical role that the Supreme Court case Brown v. Board of Education played in transforming race relations. The Article stresses the need to find a way to rid the country of race and color differentiation and emphasizes the deleterious effect that segregated school systems have on black school childrens ability to learn. The Article examines how Brown came about and states that the Court's rejection of Plessy v. Ferguson is what makes the case so significant. The Article discusses some of the important …
Playing With Work: Must "Work" Be Treated As A "Major Life Activity" For Purposes Of The Americans With Disability Act?, Daniel A. Mcmillan
Playing With Work: Must "Work" Be Treated As A "Major Life Activity" For Purposes Of The Americans With Disability Act?, Daniel A. Mcmillan
Fordham Urban Law Journal
This Note explores the American with Disabilities Act of 1990 (“ADA”) and how two Supreme Court decisions, Sutton v. United Airlines, Inc. and Toyota Motor Manufacturing, Kentucky v. Williams, could ultimately restrict the Act's reach. The ADA protects disabled individuals from discrimination in employment, in access to services by both private and public entities, and in access to telecommunications. The Act defines a disability as “a physical or mental impairment that substantially limits one or more of the major life activities of such individual.” According to the Note, under traditional agency regulations and case law from the lower courts “work” …
The Judicial Betrayal Of Blacks - Again: The Supreme Court's Destruction Of The Hopes Raised By Brown V. Board Of Education, Nathaniel R. Jones
The Judicial Betrayal Of Blacks - Again: The Supreme Court's Destruction Of The Hopes Raised By Brown V. Board Of Education, Nathaniel R. Jones
Fordham Urban Law Journal
This Article discusses the history of school desegregation beginning with the pivotal decision in Brown v. Board of Education and noting the hopes that the case raised for black americans. The Article notes the resistance that Brown faced, especially from political forces who began to subvert the desegregation process, and examines the Supreme Court's subsequent decisions which aimed to secure Brown's objectives. The Article also examines the desegregation attempts in the North and discusses the difficulties plaintiffs faced in proving racial discrimination in school districts. The Article concludes by stating that the commitment to desegregation is waring and that segregation …
"Press Prudence," Nazi Student Orders, And Jim Crow, Louis H. Pollak
"Press Prudence," Nazi Student Orders, And Jim Crow, Louis H. Pollak
Fordham Urban Law Journal
This Article discusses the 1931 decision of the Austrian Constitutional Court in which it was held that rules promulgated by the University of Vienna, which aimed to separate the student body into four ethnically-defined nations, were invalid. The Article notes the striking similarities of the case to Brown v. Board of Education and other American equal protection education cases. In examining the decision the article states that in declining to uphold an equivalent to the 'separate but equal' doctrine, the Austrian justices did for Austrian law what Plessy had failed to do for US law thirty five years before. The …
Austria's Pre-War Brown V. Board Of Education, Maria L. Marcus
Austria's Pre-War Brown V. Board Of Education, Maria L. Marcus
Fordham Urban Law Journal
This article discusses the Austrian Constitutional Court's 1931 decision in which it held that the University of Vienna's regulations dividing students into ethnically based groups was unconstitutional. The article compares the similarities and differences between this case and later critical American equal opportunity cases including Brown v. Board of Education and suggests that an understanding of the current racial challenges is most effective by examining both global and American perspectives. This article explores the balance between maintaining universities autonomy and ensuring that racism does not foster in an institution free from judicial intervention. In discussing two cases, this article points …
Every Day Is A Good Day For A Judge To Lay Down His Professional Life For Justice , Jack B. Weinstein
Every Day Is A Good Day For A Judge To Lay Down His Professional Life For Justice , Jack B. Weinstein
Fordham Urban Law Journal
This article discusses the notion that a judge’s obligation to obey precedent should, if circumstances require, be overridden in an effort to oppose gross injustices and violations. Even in the face of critisicim and outrage, judges, because of their intimate knowledge of the system and unique vantage point, have a duty to speak out against any law that they find morally repugnant and to expose injustices wherever they can. The article analyses the various actions that judges may take to avoid enforcing laws that they believe to be fundamentally unjust, including the option of resignation and the power of lower …