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Articles 1 - 5 of 5
Full-Text Articles in Law
Implication Of Civil Remedies Under The Indian Civil Rights Act, Michigan Law Review
Implication Of Civil Remedies Under The Indian Civil Rights Act, Michigan Law Review
Michigan Law Review
This Note will discuss neither -the wisdom of the express provisions of ICRA nor the desirability of express creation by Congress of a federal civil remedy. The purpose of this Note is, instead, to analyze the bases upon which remedies have been implied by federal courts and to question whether implication is consistent with standards of statutory interpretation appropriate for Indian law. It is contended that the implication of federal civil remedies against Indian governments is improper and that if such remedies are to be created, precedent and policy mandate that they be the product of Congress. The Note will …
Legislative Notes: The Education Of All Handicapped Children Act Of 1975, Donald W. Keim
Legislative Notes: The Education Of All Handicapped Children Act Of 1975, Donald W. Keim
University of Michigan Journal of Law Reform
Part I reviews the landmark judicial decisions which have established the right of handicapped children to participate in free, public education. The basic provisions of the Education of All Handicapped Children Act of 1975 are then presented in Part II. The funding provisions are discussed in Part III with particular emphasis upon the tension between the promise of federal largesse and the expense of compliance with statutory and judicial requirements. Part IV reviews prior efforts to obtain judicial recognition of a substantive right to an appropriate education and suggests some ways in which the 1975 Act may alter the framework …
The Inadequacy Of Judicial Remedies In Cases Of Exclusionary Zoning, Michigan Law Review
The Inadequacy Of Judicial Remedies In Cases Of Exclusionary Zoning, Michigan Law Review
Michigan Law Review
This Note presents and evaluates the possible judicial responses to cases, like Mount Laurel, that involve challenges to entire zoning ordinances on exclusionary grounds. It argues that pragmatic and legal difficulties militate against any judicial imposition of affirmative relief not tailored to specific tracts of land and suggests that the most effective resolution of the problems confronted by low-income housing advocates lies in comprehensive legislative programs.
Proportional Representation By Race: The Constitutionality Of Benign Racial Redistricting, Michigan Law Review
Proportional Representation By Race: The Constitutionality Of Benign Racial Redistricting, Michigan Law Review
Michigan Law Review
Wilson raises two questions that are basic to the use of "benign" racial classifications in drawing legislative districts. First, is there a constitutional right to proportional representation and, second, if there is no such right, are there circumstances under which a scheme devised to provide proportional representation is constitutionally permissible. This Note will demonstrate that, while the Supreme Court recognizes the constitutional right of each individual to participate on an equal basis in the community's political process and to enjoy an undiluted vote, it denies any constitutional right of groups to proportional political representation. It will then show that the …
Affirmative Action: Hypocritical Euphemism Or Noble Mandate?, Theodore J. St. Antoine
Affirmative Action: Hypocritical Euphemism Or Noble Mandate?, Theodore J. St. Antoine
Articles
Title VII of the Civil Rights Act of 1964 was adopted in an atmosphere of monumental naivete. Congress apparently believed that equal employment opportunity could be achieved simply by forbidding employers or unions to "discriminate" on the basis of "race, color, religion, sex, or national origin," and expressly disavowed any intention to require "preferential treatment." Perhaps animated by the Supreme Court's stirring desegregation decisions of the 1950's, the proponents of civil rights legislation made "color-blindness" the rallying cry of the hour. Today we know better. The dreary statistics, so familiar to anyone who works in this field, tell the story. …