Law Commons^™

Britain, Blacks, And Busing, Derrick Bell

Michigan Law Review

A Review of Doing Good By Doing Little: Race and Schooling in Britain by David L. Kirp

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.

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

Constitutional Law - Racial Discrimination - Thirteenth Amendment, Nicholas D. Krawec

Duquesne Law Review

42 U.S.C. § 1982-The United States Supreme Court has held that the official closing of a public street, resulting in a benefit for the white residents of that street and an inconvenience disparately impacting black residents of a neighboring community, is neither a badge of slavery prohibited by the thirteenth amendment nor an impairment of property interests protected by 42 U.S.C. § 1982.

City of Memphis v. Greene, 101 S. Ct. 1584 (1981).

Civil Rights Act Of 1964 - Title Vii - Sex Discrimination - Pregnancy - Defenses, Margaret L. Cohen

Duquesne Law Review

The United States Court of Appeals for the Ninth Circuit has held that an airline's employment policy mandating immediate unpaid maternity leave for all flight attendants upon discovery of pregnancy is sex discrimination but is justified by safety considerations.

Harriss v. Pan American World Airways, Inc., 649 F.2d 670 (9th Cir. 1980).

Constitutional Law - Police Power - Equal Protection - Voluntary Deviate Sexual Intercourse Statute, Louis Bader

Duquesne Law Review

The Pennsylvania Supreme Court has held that the Pennsylvania voluntary deviate sexual intercourse statute is beyond the valid exercise of the state's police power and is violative of the equal protection clauses of the Constitution of the United States and the Constitution of the Commonwealth of Pennsylvania.

Commonwealth v. Bonadio, 490 Pa. 91, 415 A.2d 47 (1980).

A Tale Of Two Amendments: The Reasons Congress Added Sex To Title Vii And Their Implication For The Issue Of Comparable Worth, Michael Evan Gold

Duquesne Law Review

The author of this article examines and dispels the frequently cited account that the provisions against sex discrimination in Title VII of the Civil Rights Act of 1964 were created as a Congressman's joke or as an attempt to defeat the bill. He analyzes the background of the Smith and Bennett amendments, focusing on the congressional debates as they appear in the Congressional Record. He concludes that the Members of Congress were serious about sex discrimination, and that this seriousness has important implications for the interpretation of Title VII.

Civil Rights - Race Discrimination - Title Vii Of The Civil Rights Act Of 1964 - Res Judicata - Individual Actions Subsequent To Eeoc Actions, John R. O'Keefe

Duquesne Law Review

The United States Court of Appeals for the Fifth Circuit has held that dismissal for failure to comply with the Administrative Procedure Act of a Title VII employment discrimination action brought by the Equal Employment Opportunity Co mission is res judicata as to an individual's subsequent private action based upon the same claim.

Jones v. Bell Helicopter Co., 614 F.2d 1389 (5th Cir. 1980).

Civil Rights - Title Vii Of The Civil Rights Act Of 1964 - Remedies - Tenure Award To Title Vii Complainant, Jane Roberts Cobb

Duquesne Law Review

The United States Court of Appeals for the Third Circuit has ordered a. college to award tenure to a Title VII complainant who was a victim of unlawful disparate treatment.

Kunda v. Muhlenberg College, 621 F.2d 532 (3d Cir. 1980).

Recent Development: Amenability Of Foreign Corporations To United States Employment Discrimination Laws, Kevin C. Tyra

Vanderbilt Journal of Transnational Law

As the Linskey court noted, the existence of employment exemption provisions in over thirty commercial treaties, if liberally construed, would create a loophole in Title VII enforcement. Given the ever-increasing number of United States employees of foreign-owned corporations, liberal treaty constructions could decrease the scope of Title VII.

Nevertheless, the effect on international commerce must be considered. Although equal employment opportunity is a laudable goal, this goal may conflict with the values of other cultures, as it did with the culturally-based organization and management philosophy of the C. Itoh Co. A more prudent approach to the problem of subsidiaries might …

The Attorney/Client Relationship And 42 U.S.C. 1983: The Impact Of Owen V. City Of Independence, 14 J. Marshall L. Rev. 285 (1981), S. Bennet Rodick

UIC Law Review

No abstract provided.

Eeoc V. City Of Janesville: Promoting Age Discrimination - The Exception Becomes The Rule, 14 J. Marshall L. Rev. 895 (1981), James E. Debruyn

UIC Law Review

No abstract provided.

Section 5 Of The Voting Rights Act: A Time For Revision, William Colbert Keady, George Colvin Cochran

Kentucky Law Journal

No abstract provided.

The Professional Bondsman: A State Action Analysis, Jim Michael Hansen

Cleveland State Law Review

Principals who have been subjected to illegal or excessive arrest procedures by the bondsman have secured only minimal redress in state judicial forums upon initiating tort actions founded upon false imprisonment, trespass and assault and battery. This Article will explore how an abused principal can attempt to secure legal redress in the federal forum, utilizing 42 U.S.C. § 1983.

Impermissible Reverse Discrimination V. Allowable Affirmative Action: The Supreme Court Upholds Racial Classifications, 14 J. Marshall L. Rev. 491 (1981), Margery Sabian

UIC Law Review

No abstract provided.

A Comment On "The Rhetoric Of Powell's Bakke", Jan Deutsch

Washington and Lee Law Review

No abstract provided.

The Constitutionality Of Affirmative Action: Views From The Supreme Court, Jesse H. Choper

Kentucky Law Journal

No abstract provided.

Response To "The Rhetoric Of Powell's Bakke", James B. White

Washington and Lee Law Review

No abstract provided.

Congress, The Courts, And Sex-Based Employment Discrimination In Higher Education: A Tale Of Two Titles, Joel W. Friedman

Vanderbilt Law Review

This Article will examine the manner in which the federal courts have handled sex-based employment discrimination claims against colleges and universities. Specifically, the Article will suggest that most such judicial opinions have construed and applied the applicable federal laws in a manner inconsistent with Congress' articulated desire to promote equal employment opportunity in, and to remove the taint of sex-biased decisionmaking from, the academic profession. In light of this judicial misconstruction of the remedial statutes, the Article proposes a different framework for analyzing Title VII and Title IX claims that will more adequately promote Congress' twin objectives.

Statutorily Based Federal Rights: A New Role For Section 1983, 14 J. Marshall L. Rev. 547 (1981), Diane I. Jennings

UIC Law Review

No abstract provided.

The Present Status Of The Intracorporate Conspiracy Doctrine, Milton Handler, Thomas A. Smart

Cardozo Law Review

No abstract provided.

The Rhetoric Of Powell's Bakke, Lewis H. Larue

Washington and Lee Law Review

No abstract provided.

Municipal Hospital Closings Under Title Vi: A Requirement Of Reasonable Justifications, Carol A. Cimkowski

Fordham Urban Law Journal

Municipal hospital closings in recent years are a by-product of two phenomena: 1) the dramatic increase in health care costs and, 2) the fiscal crisis facing many cities. The impact of this reduction in municipal services is felt most acutely by indigent inner city residents, who, because of municipal hospitals receive a portion of their funding from the federal government, have been able to challenge the closings of acute health care facilities as a violation of Title VI of the 1964 Civil Rights Act. Whether plaintiffs can succeed in these suits depends upon the standard that federal courts will employ …

The Handicapped And Mass Transportation: The Effectiveness Of Section 504 In Implementing Equal Access, Serene K. Nakano

Fordham Urban Law Journal

In an effort to advance the rights of handicapped people to use mass transportation, the Department of Transportation has enacted a series of regulations that required facilities to be updated to allow for effective use by the handicapped, including the non-ambulatory wheelchair bound. As part of these regulations, section 504 of the Rehabilitation Act contained a general clause prohibiting discrimination against the handicapped by recipients of federal funds. The legislative history of the Rehabilitation Act makes it clear that Congress intended the handicapped to be integrated into mainstream society. Imposition of such a dichotomy, moreover runs afoul of the Federal-Aid …

Sex-Based Considerations Of Differentiation In The Workplace: Exploring The Biomedical Interface Between Osha And Title Vii, Gary Z. Nothstein, Jeffrey P. Ayres

Villanova Law Review

No abstract provided.