Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Michigan Law School (8)
- Cleveland State University (3)
- North Carolina Central University School of Law (3)
- Washington and Lee University School of Law (3)
- West Virginia University (3)
-
- Brigham Young University Law School (2)
- University at Buffalo School of Law (2)
- Vanderbilt University Law School (2)
- Florida State University College of Law (1)
- Maurer School of Law: Indiana University (1)
- New York Law School (1)
- UIC School of Law (1)
- University of Arkansas at Little Rock William H. Bowen School of Law (1)
- University of Kentucky (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Washington School of Law (1)
- William & Mary Law School (1)
- Keyword
-
- Women (5)
- Gender and law (4)
- Discrimination (3)
- United States Supreme Court (3)
- Abortion (2)
-
- Affirmative action (2)
- Civil Rights Act (2)
- Civil Rights Act of 1964 (2)
- Roe v. Wade (2)
- Title VII (2)
- "Takings" Law (1)
- Affirmative relief of ordinances (1)
- American Tobacco v. Patterson (1)
- Attorney's fees (1)
- Bad faith (1)
- Bona fide seniority system (1)
- Caseloads (1)
- Civil commitment (1)
- Civil liability under the Civil Rights Act (1)
- Civil rights claims (1)
- Collective bargaining (1)
- College discrimination (1)
- Common Fund Doctrine (1)
- Constitutional law -- United States (1)
- Contractors (1)
- Correcting discriminatory municipal conduct (1)
- Damage Remedy (1)
- Declaration of invalidity of ordinances (1)
- Discovery (1)
- Discrimination in employment (1)
- Publication
-
- Michigan Law Review (6)
- Cleveland State Law Review (3)
- North Carolina Central Law Review (3)
- Washington and Lee Law Review (3)
- West Virginia Law Review (3)
-
- BYU Law Review (2)
- Buffalo Law Review (2)
- University of Michigan Journal of Law Reform (2)
- Florida State University Law Review (1)
- Indiana Law Journal (1)
- Kentucky Law Journal (1)
- Maryland Law Review (1)
- NYLS Journal of Human Rights (1)
- UIC Law Review (1)
- University of Arkansas at Little Rock Law Review (1)
- Vanderbilt Journal of Transnational Law (1)
- Vanderbilt Law Review (1)
- Washington Law Review (1)
- William & Mary Law Review (1)
Articles 1 - 30 of 35
Full-Text Articles in Law
Politics And Principles: An Assessment Of The Roosevelt Record On Civil Rights And Liberties, Peter Irons
Politics And Principles: An Assessment Of The Roosevelt Record On Civil Rights And Liberties, Peter Irons
Washington Law Review
The central focus of this article is on the role played in these episodes by the U.S. Department of Justice, the primary federal agency entrusted with law enforcement duties and powers. In particular, the role of the attorney general as the department's titular head and as the personification of federal enforcement of civil rights and liberties provides this article with its analytic framework. A recent press commentary put this crucial cabinet post in perspective: "More than anyone but the President himself, it is the Attorney General who sets the moral tone of an Administration, symbolizing its commitment or lack of …
The Self-Critical Analysis Privilege And Discovery Of Affirmative Action Plans In Title Vii Suits, Michigan Law Review
The Self-Critical Analysis Privilege And Discovery Of Affirmative Action Plans In Title Vii Suits, Michigan Law Review
Michigan Law Review
This Note argues that plaintiffs should have access to affirmative action plans in discovery. Part I describes the "self-critical analysis" or "self-evaluative" privilege that employers have advanced to block discovery of such plans. Part II examines the conflicting interests of society, employers and employees in allowing or denying discovery. Part III evaluates the application of a self-critical analysis privilege in light of these conflicting interests and concludes that the privilege should not be applied to affirmative action plans.
The Liability Of Third Parties Under Title Vii, Andrew O. Schiff
The Liability Of Third Parties Under Title Vii, Andrew O. Schiff
University of Michigan Journal of Law Reform
This Note considers the extent to which Title VII covers discrimination by third parties other than employment agencies and labor organizations. Part I analyzes the rationale for covering third parties, discussing Title VIl's language and the policies that Congress intended it to serve. Part II proposes a framework for analyzing the liability of third parties. Part III applies this framework to three instances where courts have disagreed about the liability of a particular third party: insurance companies' administration of employee benefits, state licensing agencies' licensing of individuals for various occupations, and hospitals' granting of staff privileges to doctors.
Automatic And Indefinite Commitment Of Insanity Acquittees: A Procedural Straitjacket, John B. Scherling
Automatic And Indefinite Commitment Of Insanity Acquittees: A Procedural Straitjacket, John B. Scherling
Vanderbilt Law Review
This Recent Development suggests that the Court erroneously decided Jones. Part II examines the Supreme Court's constitutional analysis of commitment procedures and discusses postacquittal commitment in state and lower federal courts. Part III analyzes the Jones decision and the exception that it allows for the commitment of insanity acquittees. Part IV contends that prior to involuntary and indefinite commitment an insanity acquittee deserves the same standard of proof as a civil commitment candidate-proof of mental illness and dangerousness by clear and convincing evidence. Part IV also argues that absent proof by clear and convincing evidence of the acquittee's need for …
School Desegregation Law In The 1980'S: The Courts' Abandonment Of Brown V. Board Of Education, Neal Devins
School Desegregation Law In The 1980'S: The Courts' Abandonment Of Brown V. Board Of Education, Neal Devins
William & Mary Law Review
No abstract provided.
Yankees Out Of North America: Foreign Employer Job Discrimination Against American Citizens, Michigan Law Review
Yankees Out Of North America: Foreign Employer Job Discrimination Against American Citizens, Michigan Law Review
Michigan Law Review
This Note explores Title VII's relationship to the hiring practices of foreign employers. It focuses on Japanese employers, who might face the toughest Title VII challenge to a business and cultural familiarity or citizenship requirement. Part I sets out arguments for and against finding intentional discrimination - disparate treatment - in either of these hiring requirements. It suggests that a court should refuse to find national origin discrimination when the employer imposes a business and cultural familiarity requirement. However, when an applicant is denied employment solely on the basis of citizenship, a strong argument may be made that the …
Note: The Need To Value Homemaker Services Upon Divorce, Mary Downey
Note: The Need To Value Homemaker Services Upon Divorce, Mary Downey
West Virginia Law Review
No abstract provided.
Freedom Of Association After Roberts V. United States Jaycees, Douglas O. Linder
Freedom Of Association After Roberts V. United States Jaycees, Douglas O. Linder
Michigan Law Review
The decision of the U.S. Supreme Court in Roberts v. United States Jaycees, upholding a Minnesota ruling which requires the Minnesota Jaycees to admit women as full members, ended one controversy but marked only the beginning of a far larger one. It was predicted by many that U.S. Jaycees would answer the question of whether private associations with restrictive membership policies were vulnerable to state anti-discrimination laws or were constitutionally protected. It did not. Instead, while rejecting the Jaycees' constitutional claims, the Court established a comprehensive framework for analyzing future claims of associational freedom that contains a number of …
Denial Of Unemployment Benefits To Otherwise Eligible Women On The Basis Of Pregnancy: Section 3304(A)(12) Of Federal Unemployment Tax Act, Michigan Law Review
Denial Of Unemployment Benefits To Otherwise Eligible Women On The Basis Of Pregnancy: Section 3304(A)(12) Of Federal Unemployment Tax Act, Michigan Law Review
Michigan Law Review
This Note examines the conflicting interpretations of section 3304(a)(12) of the Federal Act. The Porcher decision serves as a point of reference throughout this Note, since opposing constructions of the section were presented in the case. Part I describes the basic framework of FUTA and presents the disparate interpretations of section 3304(a)(12) that have been advanced.
Part II analyzes section 3304(a)(12) with reference to the statutory language and legislative history. As a preliminary matter, this part considers the degree of deference that should be afforded the Secretary of Labor's certification of state programs that treat pregnancy like all other medical …
Reconciling The Age Discrimination In Employment Act And Federalism-Constitutional Balancing Or Judicial Sleight Of Hand: Eeoc V. Wyoming, Jeffrey B. Hays
Reconciling The Age Discrimination In Employment Act And Federalism-Constitutional Balancing Or Judicial Sleight Of Hand: Eeoc V. Wyoming, Jeffrey B. Hays
BYU Law Review
No abstract provided.
Civil Rights—The Civil Rights Attorney's Fees Awards Act Of 1976—The Amount Of Success Determines The Award, Lucinda Mcdaniel
Civil Rights—The Civil Rights Attorney's Fees Awards Act Of 1976—The Amount Of Success Determines The Award, Lucinda Mcdaniel
University of Arkansas at Little Rock Law Review
No abstract provided.
The Effect Of Section 706 State Agency Proceedings Upon Subsequent Title Vii Claims, Larry D. Weeden
The Effect Of Section 706 State Agency Proceedings Upon Subsequent Title Vii Claims, Larry D. Weeden
North Carolina Central Law Review
No abstract provided.
Fundamental Issues In Housing Discrimination Litigation, J. Michael Mcguinness
Fundamental Issues In Housing Discrimination Litigation, J. Michael Mcguinness
North Carolina Central Law Review
No abstract provided.
Judicial Deference To Legislative Reality: The Interpretation Of Title Ix In The Contect Of Collegiate Athletics, Stephen W. Devine
Judicial Deference To Legislative Reality: The Interpretation Of Title Ix In The Contect Of Collegiate Athletics, Stephen W. Devine
North Carolina Central Law Review
No abstract provided.
Desegregating The University Of Florida Law School: Virgil Hawkins V. The Florida Board Of Control, Darryl Paulson, Paul Hawkes
Desegregating The University Of Florida Law School: Virgil Hawkins V. The Florida Board Of Control, Darryl Paulson, Paul Hawkes
Florida State University Law Review
No abstract provided.
Civil Rights Class Actions In The 1980'S: The Burger Court's Pragmatic Approach To Problems Of Adequate Representation And Justiciability, C. Douglas Floyd
Civil Rights Class Actions In The 1980'S: The Burger Court's Pragmatic Approach To Problems Of Adequate Representation And Justiciability, C. Douglas Floyd
BYU Law Review
No abstract provided.
Vi. Constitutional Law & Civil Rights
Vi. Constitutional Law & Civil Rights
Washington and Lee Law Review
No abstract provided.
The Law Giveth…Legal Aspects Of The Abortion Controversy, Michigan Law Review
The Law Giveth…Legal Aspects Of The Abortion Controversy, Michigan Law Review
Michigan Law Review
A Review of The Law Giveth…Legal Aspects of the Abortion Controversy by Barbara Milbauer
Abortion, Politics, And The Courts: Roe V. Wade And Its Aftermath, Michigan Law Review
Abortion, Politics, And The Courts: Roe V. Wade And Its Aftermath, Michigan Law Review
Michigan Law Review
A Review of Abortion, Politics, and the Courts: Roe v. Wade and Its Aftermath by Eva R. Rubin
Did The Stotts Decision Really Spell The End Of Race-Conscious Affirmative Action?, William L. Robinson, Stephen L. Spitz
Did The Stotts Decision Really Spell The End Of Race-Conscious Affirmative Action?, William L. Robinson, Stephen L. Spitz
NYLS Journal of Human Rights
No abstract provided.
Is The Section 1983 Civil Rights Statute Overworked? Expanded Use Of Magistrates--An Alternative To Exhaustion, Brian P. Owensby
Is The Section 1983 Civil Rights Statute Overworked? Expanded Use Of Magistrates--An Alternative To Exhaustion, Brian P. Owensby
University of Michigan Journal of Law Reform
Part I of this Note discusses the history and purpose of section 1983 and identifies the danger unmanaged growth of 1983 suits poses to civil rights. Part II examines several judicial responses to the 1983 caseload problem and concludes that congressional action is more appropriate. Parts III and IV explore two areas of possible legislative action. Part III questions the efficacy of a legislatively imposed requirement that the claimant exhaust state administrative remedies as a prerequisite to a 1983 suit in federal court. Part IV proposes an alternative congressional response to the 1983 caseload problem: a carefully tailored use of …
Government Liability For Unconstitutional Land Use Regulation, Stewart E. Sterk
Government Liability For Unconstitutional Land Use Regulation, Stewart E. Sterk
Indiana Law Journal
No abstract provided.
Books Received, Law Review Staff
Books Received, Law Review Staff
Vanderbilt Journal of Transnational Law
Law of the Sea: U.S. Policy Dilemma Edited by Bernard H. Oxman, David D. Caron, and Charles L. Buderi San Francisco: ICS Press, 1983. Pp. x, 184. $21.95.
The Fish Feud By David L. Vander Zwaag Lexington, Massachusetts: Lexington Books, 1983. Pp. xiii, 135. $21.95.
Negotiating Foreign Investments: A Manual for the Third World Edited by Robert Hellawell and Don Wallace, Jr. Washington, D.C.: International Law Institute, 1982. $95.00.
Political Rights for European Citizens By Guido Van DenBerghe United Kingdom: Gower Publishing Company, 1982. Pp.xii, 235. $38.00.
The International Law of Pollution By Allen L. Springer Westport, Connecticut: Quorum Books, …
The 1983 James Mccormick Mitchell Lecture—A Hurdle Too High: Class-Based Roadblocks To Racial Remediation, Derrick Bell, Alan Freeman, Monroe Fordham, Sidney Willhelm
The 1983 James Mccormick Mitchell Lecture—A Hurdle Too High: Class-Based Roadblocks To Racial Remediation, Derrick Bell, Alan Freeman, Monroe Fordham, Sidney Willhelm
Buffalo Law Review
No abstract provided.
Sexual Equality, The Equal Protection Clause, And The Era, Phyllis N. Segal
Sexual Equality, The Equal Protection Clause, And The Era, Phyllis N. Segal
Buffalo Law Review
No abstract provided.
Grove City College V. Bell: Touchdown Or Touchback?, Karen Czapanskiy
Grove City College V. Bell: Touchdown Or Touchback?, Karen Czapanskiy
Maryland Law Review
No abstract provided.
Slavery, Economic Development And The Law: The Dilemma Of The Southern Political Economists, 1800-1860, Eugene D. Genovese, Elizabeth Fox-Genovese
Slavery, Economic Development And The Law: The Dilemma Of The Southern Political Economists, 1800-1860, Eugene D. Genovese, Elizabeth Fox-Genovese
Washington and Lee Law Review
No abstract provided.
The Fee Awards Act Of 1976: Examining The Foundation For Legislative Reform Of Attorney's Fees Shifting, 18 J. Marshall L. Rev. 77 (1984), Randall R. Rader
The Fee Awards Act Of 1976: Examining The Foundation For Legislative Reform Of Attorney's Fees Shifting, 18 J. Marshall L. Rev. 77 (1984), Randall R. Rader
UIC Law Review
No abstract provided.
Arizona Governing Committee For Tax Deferred Annuity And Deferred Compensation Plans V. Norris: Mandate Of Manhart, Michele Grinberg
Arizona Governing Committee For Tax Deferred Annuity And Deferred Compensation Plans V. Norris: Mandate Of Manhart, Michele Grinberg
West Virginia Law Review
No abstract provided.