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- Affirmative action (1)
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Articles 1 - 4 of 4
Full-Text Articles in Law
The Emerging State Court § 1983 Action: A Procedural Review , Steven H. Steinglass
The Emerging State Court § 1983 Action: A Procedural Review , Steven H. Steinglass
Law Faculty Articles and Essays
Although actions under § 1983 have traditionally been a federal court remedy, an increasing number of litigants have turned to the state courts to pursue claims under § 1983. In light of this trend, the author presents a comprehensive examination of state court § 1983 actions--focusing on the choice of the state forum as a tactical decision, the power and duty of state courts to hear § 1983 actions, and the specific procedural and remedial issues that will arise in state court § 1983 litigation.
Affirmative Action After Bakke, Cordelia A. Glenn
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 …
The Seniority System Exemption To Title Vii Of The Civil Rights Acts: The Impact Of A New Barrier To Title Vii Litigants, Beth Wain Brandon
The Seniority System Exemption To Title Vii Of The Civil Rights Acts: The Impact Of A New Barrier To Title Vii Litigants, Beth Wain Brandon
Cleveland State Law Review
Congress has prohibited discrimination in employment by enacting Title VII of the 1964 Civil Rights Act. Section 703(h) was passed as an exemption to Title VII, in order to protect bona fide systems of seniority. The purpose of Title VII was "the prevention of unlawful employment discrimination and the amelioration and elimination of the effects of past discrimination." To this end, the courts historically have looked at the "effects" of discrimination rather than the "intent" to discriminate, when analyzing a Title VII violation. Recently the Supreme Court, in American Tobacco Co. v. Patterson, has required a showing of intent to …
Judicial Remedies In Pattern And Practice Suits Under The Fair Housing Act Of 1968: United States V. City Of Parma, Karen E. Rubin
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 …