Law Commons^™

Introduction, L. Lynn Hogue

University of Arkansas at Little Rock Law Review

No abstract provided.

Guardianship: Overcoming The Last Hurdle To Civil Rights For The Mentally Disabled, Sheryl Dicker

University of Arkansas at Little Rock Law Review

No abstract provided.

Aftermath Of The Dd Act: Is There Life After Pennhurst, The, Penelope A. Boyd

University of Arkansas at Little Rock Law Review

No abstract provided.

Rights For Developmentally Disabled Citizens: A Perspective For The 80s, H. Rutherford Turnbull Iii

University of Arkansas at Little Rock Law Review

No abstract provided.

Reviewing An Individual Habilitation Plan: A Lawyer's Guide, Marianne Bennett

University of Arkansas at Little Rock Law Review

No abstract provided.

Burdens Of Pleading And Proof In Discrimination Cases: Toward A Theory Of Procedural Justice, Robert Belton

Vanderbilt Law Review

If the national policy of eliminating discrimination is to be achieved, the courts--to whom the major responsibility for effectuating this goal is delegated--must establish a coherent framework for allocating the burdens of pleading and proof that provides "a sensible, orderly way to evaluate the evidence in light of common experience as it bears on the critical question of discrimination."' The purpose of this Article, therefore, is to propose such a coherent approach to the allocation of the burdens of pleading and proof in discrimination cases. Towards this end, part II of the Article examines the definitional and operational effect of …

The Alien Tort Statute: United States Jurisdiction Over Acts Of Torture Committed Abroad, Timothy Mcdonnell

William & Mary Law Review

No abstract provided.

The Proper Role Of Res Judicata And Collateral Estoppel In Title Vii Suits, Charles C. Jackson, John H. Matheson, Thomas J. Pikorski

Michigan Law Review

The Article proceeds from the premise, established in Part I, that federal courts must apply preclusion principles unless Congress clearly indicates otherwise. Part II considers a number of indicators of Congress's intent, and finds no evidence to rebut the presumption that federal courts must give preclusive weight to certain state decisions. Part III then proposes general guidelines for the application of preclusion doctrines in title VII litigation.

Employment Discrimination, Susan A. Cahoon

Mercer Law Review

During 1980, the Fifth Circuit again had a full docket of employment discrimination cases. For the most part, the cases tended to turn on the particular facts at issue, and there were few pronouncements by the court of broader significance. An en banc court did decide an important question about limiting communications in class actions, and a panel of the court considered for the first time, whether there is an implied private cause of action to sue for discrimination against the handicapped under Section 503 of the Rehabilitation Act of 1973. The Fifth Circuit also continued to follow a unique …

Garcia V. Gloor: Mutable Characteristics Rationale Extended To National Origin Discrimination, Dwight J. Davis

Mercer Law Review

In Garcia v. Gloor, the Fifth Circuit Court of Appeals upheld a district court ruling that an employer's policy requiring employees to speak only English while at work did not violate the Civil Rights Act of 1964 prohibition against national origin discrimination. In so ruling, the court extended the mutable-immutable characteristics rationale that the Fifth Circuit first outlined in Willingham v. Macon Telegraph Publishing Co.

The Bloodless Revolution: The Role Of The Fifth Circuit In The Integration Of The Deep South, Frank T. Read

Mercer Law Review

On October 1, 1981, the nation's foremost civil rights tribunal will be no more. On that date, the Fifth Circuit Reorganization Act will become effective and the famous United States Court of Appeals for the Fifth Circuit will be divided into two new circuits.' With the passing of the Fifth Circuit into history's dusty pages, it is appropriate to reflect on the contributions of that court in this nation's monumental struggle to desegregate the public schools of the Deep South.

On May 17, 1954, the United States Supreme Court, in its most important decision in this century, rejected the "separate …

Chief Justice Earl Warren, Otis H. King

North Carolina Central Law Review

No abstract provided.

Justice John M. Harlan, Drew S. Days Iii

North Carolina Central Law Review

No abstract provided.

Justice Byron R. White, Charles E. Daye

North Carolina Central Law Review

No abstract provided.

Justice William O. Douglas, Wiley A. Branton

North Carolina Central Law Review

No abstract provided.

Justice William Brennan, John Doar

North Carolina Central Law Review

No abstract provided.

Justice Potter Stewart, Vincent L. Broderick

North Carolina Central Law Review

No abstract provided.

The Nature Of The Constitutional Process: Equal Protection And The Burger Court, Albert Broderick

North Carolina Central Law Review

No abstract provided.

Bakke, Weber And Fullilove: Benign Discrimination And Congressional Power To Enforce The Fourteenth Amendment, Robert A. Bohrer

Indiana Law Journal

No abstract provided.

Affirmative Action And Reverse Discrimination: Where Do We Stand Now, Kenneth Galchus

University of Arkansas at Little Rock Law Review

No abstract provided.

Pregnancy And Hiring Discrimination, April L. Dowler

West Virginia Law Review

The employer looks over the application on his desk. The applicant has the right educational requirements; her references are impressive; she has experience which would greatly benefit her in the position. She looks like a good prospect. The employer buzzes his secretary and requests that the applicant be shown to his office for an interview. As the applicant enters the room he rises to meet her. Half way out of his chair he stops. Printed on the front of the woman's shirt are the letters B-A-B-Y with an arrow pointing down to the slight bulge at the woman's stomach. Politely …

Sex Discrimination: Theories And Defenses Under Title Vii And Burwell V. Eastern Airlines, Inc., Debra G. Archer

West Virginia Law Review

Following the enactment of Title VII of the Civil Rights Act in 1964 dealing with equal opportunity and employment discrimination, there arose a large body of case-law litigating Title VII issues and a large body of articles dissecting the cases and issues. Within this area, different methods for proving Title VII violations and different types of defenses developed. Almost inevitably, confusion arose concerning the applicability of specific defenses to specific types of Title VII violations. The Fourth Circuit Court of Appeals attempted to resolve some of this confusion in a sex discrimination case captioned Burwell v. Eastern Airlines, Inc. In …

Survey Of Developments In The Fourth Circuit: 1980

West Virginia Law Review

No abstract provided.

Set-Offs Against Back Pay Awards Under The Federal Age Discrimination In Employment Act, Michigan Law Review

Michigan Law Review

This Note proposes a theory to govern set-offs against ADEA damage awards that best effectuates congressional ~tent. It suggests that courts should set off those types of benefits received after a violation that, had they been lost because of a violation, would have been included in the damage award. Part I identifies the proper measure of damages under the ADEA as the net loss of 'job-related benefits," doubled in cases of willful violation. It explains first that job-related benefits should be broadly defined to include unemployment compensation and social security benefits as well as wages, and second that the congressional …

Compensating The Handicapped: An Approach To Determining The Appropriateness Of Damages For Violations Of Section 504, James R. Layton

BYU Law Review

No abstract provided.

Sex-Based Wage Discrimination Under Title Vii: Equal Pay For Equal Work Or Equal Pay For Comparable Work?, Faith D. Ruderfer

William & Mary Law Review

No abstract provided.

A True Deliverance: The Joan Little Case, Michigan Law Review

Michigan Law Review

A Review of A True Deliverance: The Joan Little Case by Fred Harwell

Vii. Employment Discrimination

Washington and Lee Law Review

No abstract provided.

Constitutional Privacy, The Right To Die And The Meaning Of Life: A Moral Analysis, David A.J. Richards

William & Mary Law Review

No abstract provided.

The Supreme Court: A Citadel For White Supremacy, Sidney Willhelm

Michigan Law Review

A Review of Race, Racism and American Law by Derrick A. Bell, Jr.