Law Commons^™

Politics And Principles: An Assessment Of The Roosevelt Record On Civil Rights And Liberties, Peter Irons

Washington Law Review

The central focus of this article is on the role played in these episodes by the U.S. Department of Justice, the primary federal agency entrusted with law enforcement duties and powers. In particular, the role of the attorney general as the department's titular head and as the personification of federal enforcement of civil rights and liberties provides this article with its analytic framework. A recent press commentary put this crucial cabinet post in perspective: "More than anyone but the President himself, it is the Attorney General who sets the moral tone of an Administration, symbolizing its commitment or lack of …

The Self-Critical Analysis Privilege And Discovery Of Affirmative Action Plans In Title Vii Suits, Michigan Law Review

Michigan Law Review

This Note argues that plaintiffs should have access to affirmative action plans in discovery. Part I describes the "self-critical analysis" or "self-evaluative" privilege that employers have advanced to block discovery of such plans. Part II examines the conflicting interests of society, employers and employees in allowing or denying discovery. Part III evaluates the application of a self-critical analysis privilege in light of these conflicting interests and concludes that the privilege should not be applied to affirmative action plans.

The Liability Of Third Parties Under Title Vii, Andrew O. Schiff

University of Michigan Journal of Law Reform

This Note considers the extent to which Title VII covers discrimination by third parties other than employment agencies and labor organizations. Part I analyzes the rationale for covering third parties, discussing Title VIl's language and the policies that Congress intended it to serve. Part II proposes a framework for analyzing the liability of third parties. Part III applies this framework to three instances where courts have disagreed about the liability of a particular third party: insurance companies' administration of employee benefits, state licensing agencies' licensing of individuals for various occupations, and hospitals' granting of staff privileges to doctors.

Automatic And Indefinite Commitment Of Insanity Acquittees: A Procedural Straitjacket, John B. Scherling

Vanderbilt Law Review

This Recent Development suggests that the Court erroneously decided Jones. Part II examines the Supreme Court's constitutional analysis of commitment procedures and discusses postacquittal commitment in state and lower federal courts. Part III analyzes the Jones decision and the exception that it allows for the commitment of insanity acquittees. Part IV contends that prior to involuntary and indefinite commitment an insanity acquittee deserves the same standard of proof as a civil commitment candidate-proof of mental illness and dangerousness by clear and convincing evidence. Part IV also argues that absent proof by clear and convincing evidence of the acquittee's need for …

Yankees Out Of North America: Foreign Employer Job Discrimination Against American Citizens, Michigan Law Review

Michigan Law Review

This Note explores Title VII's relationship to the hiring practices of foreign employers. It focuses on Japanese employers, who might face the toughest Title VII challenge to a business and cultural familiarity or citizenship requirement. Part I sets out arguments for and against finding intentional discrimination - disparate treatment - in either of these hiring requirements. It suggests that a court should refuse to find national origin discrimination when the employer imposes a business and cultural familiarity requirement. However, when an applicant is denied employment solely on the basis of citizenship, a strong argument may be made that the …

School Desegregation Law In The 1980'S: The Courts' Abandonment Of Brown V. Board Of Education, Neal Devins

William & Mary Law Review

No abstract provided.

Note: The Need To Value Homemaker Services Upon Divorce, Mary Downey

West Virginia Law Review

No abstract provided.

Denial Of Unemployment Benefits To Otherwise Eligible Women On The Basis Of Pregnancy: Section 3304(A)(12) Of Federal Unemployment Tax Act, Michigan Law Review

Michigan Law Review

This Note examines the conflicting interpretations of section 3304(a)(12) of the Federal Act. The Porcher decision serves as a point of reference throughout this Note, since opposing constructions of the section were presented in the case. Part I describes the basic framework of FUTA and presents the disparate interpretations of section 3304(a)(12) that have been advanced.

Part II analyzes section 3304(a)(12) with reference to the statutory language and legislative history. As a preliminary matter, this part considers the degree of deference that should be afforded the Secretary of Labor's certification of state programs that treat pregnancy like all other medical …

Freedom Of Association After Roberts V. United States Jaycees, Douglas O. Linder

Michigan Law Review

The decision of the U.S. Supreme Court in Roberts v. United States Jaycees, upholding a Minnesota ruling which requires the Minnesota Jaycees to admit women as full members, ended one controversy but marked only the beginning of a far larger one. It was predicted by many that U.S. Jaycees would answer the question of whether private associations with restrictive membership policies were vulnerable to state anti-discrimination laws or were constitutionally protected. It did not. Instead, while rejecting the Jaycees' constitutional claims, the Court established a comprehensive framework for analyzing future claims of associational freedom that contains a number of …

Reconciling The Age Discrimination In Employment Act And Federalism-Constitutional Balancing Or Judicial Sleight Of Hand: Eeoc V. Wyoming, Jeffrey B. Hays

BYU Law Review

No abstract provided.

Civil Rights—The Civil Rights Attorney's Fees Awards Act Of 1976—The Amount Of Success Determines The Award, Lucinda Mcdaniel

University of Arkansas at Little Rock Law Review

No abstract provided.

The Effect Of Section 706 State Agency Proceedings Upon Subsequent Title Vii Claims, Larry D. Weeden

North Carolina Central Law Review

No abstract provided.

Fundamental Issues In Housing Discrimination Litigation, J. Michael Mcguinness

North Carolina Central Law Review

No abstract provided.

Judicial Deference To Legislative Reality: The Interpretation Of Title Ix In The Contect Of Collegiate Athletics, Stephen W. Devine

North Carolina Central Law Review

No abstract provided.

Desegregating The University Of Florida Law School: Virgil Hawkins V. The Florida Board Of Control, Darryl Paulson, Paul Hawkes

Florida State University Law Review

No abstract provided.

Civil Rights Class Actions In The 1980'S: The Burger Court's Pragmatic Approach To Problems Of Adequate Representation And Justiciability, C. Douglas Floyd

BYU Law Review

No abstract provided.

Vi. Constitutional Law & Civil Rights

Washington and Lee Law Review

No abstract provided.

Xi. Prisoners' Rights

Washington and Lee Law Review

No abstract provided.

The Law Giveth…Legal Aspects Of The Abortion Controversy, Michigan Law Review

Michigan Law Review

A Review of The Law Giveth…Legal Aspects of the Abortion Controversy by Barbara Milbauer

Abortion, Politics, And The Courts: Roe V. Wade And Its Aftermath, Michigan Law Review

Michigan Law Review

A Review of Abortion, Politics, and the Courts: Roe v. Wade and Its Aftermath by Eva R. Rubin

Did The Stotts Decision Really Spell The End Of Race-Conscious Affirmative Action?, William L. Robinson, Stephen L. Spitz

NYLS Journal of Human Rights

No abstract provided.

Is The Section 1983 Civil Rights Statute Overworked? Expanded Use Of Magistrates--An Alternative To Exhaustion, Brian P. Owensby

University of Michigan Journal of Law Reform

Part I of this Note discusses the history and purpose of section 1983 and identifies the danger unmanaged growth of 1983 suits poses to civil rights. Part II examines several judicial responses to the 1983 caseload problem and concludes that congressional action is more appropriate. Parts III and IV explore two areas of possible legislative action. Part III questions the efficacy of a legislatively imposed requirement that the claimant exhaust state administrative remedies as a prerequisite to a 1983 suit in federal court. Part IV proposes an alternative congressional response to the 1983 caseload problem: a carefully tailored use of …

Government Liability For Unconstitutional Land Use Regulation, Stewart E. Sterk

Indiana Law Journal

No abstract provided.

Grove City College V. Bell: Touchdown Or Touchback?, Karen Czapanskiy

Maryland Law Review

No abstract provided.

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

Law of the Sea: U.S. Policy Dilemma Edited by Bernard H. Oxman, David D. Caron, and Charles L. Buderi San Francisco: ICS Press, 1983. Pp. x, 184. $21.95.

The Fish Feud By David L. Vander Zwaag Lexington, Massachusetts: Lexington Books, 1983. Pp. xiii, 135. $21.95.

Negotiating Foreign Investments: A Manual for the Third World Edited by Robert Hellawell and Don Wallace, Jr. Washington, D.C.: International Law Institute, 1982. $95.00.

Political Rights for European Citizens By Guido Van DenBerghe United Kingdom: Gower Publishing Company, 1982. Pp.xii, 235. $38.00.

The International Law of Pollution By Allen L. Springer Westport, Connecticut: Quorum Books, …

Affirmative Action After Bakke, Cordelia A. Glenn

Cleveland State Law Review

This Note will examine Regents of the University of California v. Bakke and subsequent Supreme Court decisions dealing with affirmative action to determine what effect, if any, these decisions have had on lower court determinations of the validity of affirmative-action programs. This Note will also discuss the problems inherent in judicial review of such programs and the direction that affirmative action has taken as a result of lower court decisions. Affirmative action as it relates to women and to seniority plans is beyond the scope of this Note. However, reference to these types of cases will be made for purposes …

Judicial Remedies In Pattern And Practice Suits Under The Fair Housing Act Of 1968: United States V. City Of Parma, Karen E. Rubin

Cleveland State Law Review

The elimination of racially segregated housing is a national goal of high priority. This goal is reflected in the pronouncements of law-makers and policy shapers, in decisional law, and in the existence of federal and state legislation designed to eradicate ghettos and replace them with "truly integrated and balanced" communities. Yet segregated housing patterns persist, often finding their source and legitimization in the policies and practices of local governments. This Note will examine an Ohio decision, United States v. City of Parma, and its impact on two issues: the bringing of a "pattern and practice" suit under Title VII of …

The 1983 James Mccormick Mitchell Lecture—A Hurdle Too High: Class-Based Roadblocks To Racial Remediation, Derrick Bell, Alan Freeman, Monroe Fordham, Sidney Willhelm

Buffalo Law Review

No abstract provided.

Sexual Equality, The Equal Protection Clause, And The Era, Phyllis N. Segal

Buffalo Law Review

No abstract provided.

Does Gender Equality Always Imply Gender Blindness--The Status Of Single-Sex Education For Women, Caren Dubnoff

West Virginia Law Review

No abstract provided.