Law Commons^™

Separating Equals: Educational Research And The Long-Term Consequences Of Sex Segregation, Nancy Levit

Faculty Works

The article imports into the legal literature for the first time the full range of single sex education research, from this country and others, and examines sociological research that has been omitted from the debate. Rarely do proponents consider what educational and social effects sex-exclusive schooling will have on boys. Rarer still is any consideration of the effect of educational segregation in a society that is already relentlessly segregated by sex.

While the educational research regarding the efficacy of single sex schools is mixed at best, the sociological research is absolutely clear that separation on the basis of identity characteristics …

A Kansas Approach To Custodial Parent Move-Away Cases, Steve Leben, Megan Moriarty

Faculty Works

No abstract provided.

Juror Empathy And Race, Douglas O. Linder

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No abstract provided.

Review Of Affirmative Action After Metro Broadcasting V. Fcc: The Solution Almost Nobody Wanted, Douglas O. Linder

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No abstract provided.

Indian Reservations And The Preservation Of Tribal Culture: Beyond Wardship To Stewardship, John W. Ragsdale Jr

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No abstract provided.

Retreat From The Melting Pot: Cultural Pluralism And Public Policy, Douglas O. Linder

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No abstract provided.

The Natural Law Of Rhythm And Equality, John W. Ragsdale Jr

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The quest for natural law can easily seem futile to the secularist, and the legal terrain beyond human institutions has often been abandoned to the theologians and the supernaturalists. Most contemporary legal philosophers tend to focus on law as process, on legal positivism and legal realism, on the relativity of values or on the legal masking of class, race or gender interests. This piece will not do direct battle with these philosophies, all of which may have internal integrity and legitimacy within their chosen spheres. Instead, this piece will reexplore the possibility and propriety of linking the reality of law …

The Movement To Assimilate The American Indians: Jurisprudential Study, John W. Ragsdale Jr

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In 1934, the United States made a revolutionary shift in Indian policy. Laws were passed that ended most assimilation measures and began, instead, a preservation and promotion of tribalism. Why did this happen? What changes in American thought, politics and economy could precipitate such a reversal? Felix Cohen, a former special assistant to the Attorney General, and known as the "Blackstone of American Indian Law," noted: "Like the miner's canary, the Indian marks the shifts from fresh air to poison gas in our political atmosphere; and our treatment of Indians, even more than our treatment of other minorities, reflects the …

Preemption Of Section 1983 By Title Vii: An Unwarranted Deprivation Of Remedies, Nancy Levit

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No abstract provided.

The Proposed Amendment To Federal Rule Of Civil Procedure 68: Toughening The Sanctions, Julie M. Cheslik

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No abstract provided.

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

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No abstract provided.

The Future Of Comparable Worth Theory, Nancy Levit, Joan Mahoney

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Despite statutes intended to remedy wage disparities between men and women, the average woman working full-time earns only sixty percent as much as her male counterpart. While a portion of the earnings differential is attributable to "pure" or intentional discrimination, approximately eighty-two percent of the difference is due to occupational segregation. As commonly understood, occupational segregation refers to the situation in which women work at jobs that historically have been held by women and that are less remunerative than jobs usually held by men.

Only recently has the distinction between intentional discrimination and discrimination resulting from occupational segregation commanded much …

Supplementing The Functional Test Of Prosecutorial Immunity, Anthony J. Luppino

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No abstract provided.

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

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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 …

Equal Protection And Criminal Sentencing: Legal And Policy Considerations, Mark Berger

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No abstract provided.

Redlining Practices, Racial Resegregation, And Urban Decay: Neighborhood Housing Services As Viable Alternative, Marcia Duncan, Edwin T. Hood, James L. Neet

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No abstract provided.

Bail In Missouri Revisited, Mark Berger

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During the early part of the 1960's, interest in the civil rights movement generated concern over the inequities of bail administration. In the latter part of the decade the same problems were revealed in major studies of the nation's criminal justice system. Contributions to the legal literature in this period, encompassing statistical and evaluative studies as well as academic analysis, helped to focus further attention on bail. Moreover, a major effort was undertaken by the United States Department of Justice to promote the sharing of bail program information and ideas. There are signs, however, that some of the earlier interest …

Constitutional Approaches To Metropolitan Planning, John W. Ragsdale Jr

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No abstract provided.

Strategies For Metropolitan Stabilization, John W. Ragsdale Jr, Thomas Clark

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No abstract provided.