Law Commons^™

Board Of Education Of The City School District Of New York V. Harris, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Review Of Owen Fiss, The Civil Rights Injunction, Doug Rendleman

Scholarly Articles

None available

City Of Mobile, Alabama V. Bolden, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Fullilove V. Klutznick (Formerly Kreps), Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

California Brewers Assn. V. Bryant, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Supreme Court Of Virginia V. Consumers Union Of The United States, Inc., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Rewriting Roe V. Wade, Donald H. Regan

Articles

Roe v. Wade is one of the most controversial cases the Supreme Court has decided. The result in the case - the establishment of a constitutional right to abortion - was controversial enough. Beyond that, even people who approve of the result have been dissatisfied with the Court's opinion. Others before me have attempted to explain how a better opinion could have been written. It seems to me, however, that the most promising argument in support of the result of Roe has not yet been made. This essay contains my suggestions for "rewriting" Roe v. Wade

Rites Of Passage: Race, The Supreme Court, And The Constitution, William W. Van Alstyne

Faculty Publications

No abstract provided.

Ticket: Era Benefit Featuring Ms. Gloria Steinem

Saffy Collection - All Textual Materials

An ERA Benefit featuring Ms. Gloria Steinem. July 21, 1979 at Airport Holiday Inn. cypress and Westshore. Tampa, Florida.

Beyond Bakke: The Constitution And Redressing The Social History Of Racism, Robert Allen Sedler

Law Faculty Research Publications

No abstract provided.

Making Sense Of Desegregation And Affirmative Action, William W. Van Alstyne

Faculty Scholarship

This review discusses J. Harvie Wilkinson's "From Brown to Bakke" and its companion work, "Counting by Race: Equality from the Founding Fathers to Bakke and Weber" written by Terry Eastland and William J. Bennett. Wilkinson's work is found to maintain a narrow focus on its specific subject of school desegregation and the Supreme Court, but it suffers from over-exaggeration and an abundance of adornment in his writing style. "Counting" is a provocative piece that asserts the position that the Constitution is still not color-blind, despite what many have proposed, and makes an authoritative argument for such a claim.

Bakke In Balance: Some Preliminary Thoughts, Robert M. O'Neil

Articles by Maurer Faculty

No abstract provided.

Civil Liberties: Desegregation, Prisoners' Rights And Employment Discrimination In The Seventh Circuit, Patrick Baude, Julia C. Lamber

Articles by Maurer Faculty

No abstract provided.

Civil Rights Litigation After Monell, Eric Schnapper

Articles

This Article identifies the most important issues which must be dealt with after Monell v, Department of Social Services, 436 U.S. 658 (1978), and attempts to resolve them. Section I considers what rules and practices are "official acts, policies and customs" subjecting a government to suit under Monell. The second section analyzes the possible defenses available to a city; it concludes that the good faith immunity afforded to executive officials should not be extended to government entities, but that such entities should be afforded a somewhat narrower defense. Section III discusses the scope of injunctive relief available in …

Redlining Revisited: Neighborhood Development Bank As Proposed Solution, Edwin T. Hood, Cynthia M. Weed

Faculty Works

Urban decline and its impact upon American society have been national concerns for nearly three decades. Although the causes of urban decline are numerous and diverse, a key factor is the in­ adequacy of the financial resources available to resolve the massive problems associated with urban decay. In the residential mortgage market, funds for home mortgage loans and home repair loans in declining neighborhoods are conspicuously absent. As a result, ur­ban decline accelerates, and any realistic hopes for the revitalization of urban neighborhoods are eliminated.

During the 1970s, national attention has focused on redlining - ­the term used to describe …

More On The Bakke Decision, Robert M. O'Neil, Kenneth S. Tollett, David E. Feller, William Van Alstyne

Articles by Maurer Faculty

No abstract provided.

Discrimination As A Field Of Law, Arthur Larson

Faculty Scholarship

No abstract provided.

Making Sense Of Desegregation And Affirmative Action, William W. Van Alstyne

Faculty Publications

This review discusses J. Harvie Wilkinson's From Brown to Bakke and its companion work, Counting by Race: Equality from the Founding Fathers to Bakke and Weber written by Terry Eastland and William J. Bennett. Wilkinson's work is found to maintain a narrow focus on its specific subject of school desegregation and the Supreme Court, but it suffers from over-exaggeration and an abundance of adornment in his writing style. Counting is a provocative piece that asserts the position that the Constitution is still not color-blind, despite what many have proposed, and makes an authoritative argument for such a claim.

The Unresolved Problems Of Reverse Discrimination, Kent Greenawalt

Faculty Scholarship

The current widespread use of remedial affirmative action programs makes the legitimacy of reverse discrimination a pragmatic social concern. That alone, however, would not explain the intense interest generated by Regents of the University of California v. Bakke. The question posed in the case compels our attention because it forces a choice between two values that occupy a high place in the liberal conception of justice and claim substantial support in the equal protection clause. On the one hand, justice requires that groups that have previously suffered gross discrimination be given truly equal opportunity in American life; on the other, …

The Desegregation Dilemma: A Vote For Voluntarism, Frank Goodman

All Faculty Scholarship

No abstract provided.

Bakke As Precedent: Does Mr. Justice Powell Have A Theory, Vincent A. Blasi

Faculty Scholarship

What does it all mean? The Supreme Court's decision in Regents of the University of California v. Bakke invites assessment at many levels. Was it really a "Solomonic compromise" worthy of our constitutional tradition, as some prominent scholars have suggested? Or does the decision represent, as I believe it does, a disturbing failure by the Court to discharge its responsibility to give coherent, practical meaning to our most important constitutional ideals? Does the uncharacteristically opaque and simplistic opinion of Justice Stevens mask deep divisions and ambivalences among the four justices who subscribed to it? Can there be any validity to …