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Articles 61 - 71 of 71
Full-Text Articles in Law
Whose Rights? What Danger?, Michael E. Tigar
Whose Rights? What Danger?, Michael E. Tigar
Faculty Scholarship
No abstract provided.
Wrongful Death Actions And Section 1983, Steven H. Steinglass
Wrongful Death Actions And Section 1983, Steven H. Steinglass
Law Faculty Articles and Essays
This article examines the use of 42 U.S.C. Section 1983 in cases in which violations of federal law by state or local officials result in a death and the rules that govern the existence of the cause of action and the available damages. State remedies for the protection of individual rights from official misconduct are often inadequate, and public protection is frequently unavailing. Thus, many plaintiffs seek alternative remedies, and in recent years the estates, personal representatives and survivors of victims of wrongful killings have increasingly turned to federal law and federal courts. Section 1983, however, is a threadbare statute, …
Book Review, Elaine W. Shoben
Book Review, Elaine W. Shoben
Scholarly Works
The Burden of Brown by Raymond Wolters is a long book with a very short message: integration is bad, but desegregation is not. The distinction between the two is crucial to Wolters's analysis. Desegregation is the prohibition of officially sanctioned separation of the races. Integration, on the other hand, is the compelled mixing of the races for the sake of mixing. The "burden" of Brown v. Board of Education, according to Wolters, is that the Supreme Court has blurred this distinction and erroneously requires integration instead of merely prohibiting segregation. Wolters's thesis is that Brown had two prongs: one …
The Transformation Of The Fourteenth Amendment: Reflections From The Admission Of Maryland's First Black Lawyers, David S. Bogen
The Transformation Of The Fourteenth Amendment: Reflections From The Admission Of Maryland's First Black Lawyers, David S. Bogen
Faculty Scholarship
October 10, 1985, was the one hundredth anniversary of the admission to the bar of the Supreme Bench of Baltimore City of Everett J. Waring, the first black lawyer admitted to practice before the state courts in Maryland. This article explores the efforts of African-American lawyers to establish the right to practice law in Maryland and their role in the larger struggle for political and civil rights.
Discretionary Decisionmaking: The Application Of Title Vii's Disparate Impact Theory, Julia C. Lamber
Discretionary Decisionmaking: The Application Of Title Vii's Disparate Impact Theory, Julia C. Lamber
Articles by Maurer Faculty
No abstract provided.
The First Amendment And Distributional Voting Rights Controversies, Emily M. Calhoun
The First Amendment And Distributional Voting Rights Controversies, Emily M. Calhoun
Publications
No abstract provided.
Social Science And Segregation Before Brown, Herbert J. Hovenkamp
Social Science And Segregation Before Brown, Herbert J. Hovenkamp
All Faculty Scholarship
The courts must bear a heavy share of the burden of American racism. An outpouring of historical scholarship on racism and the American law reveals the outrageous and humiliating extent to which American lawyers, judges, and legislators created, perpetuated, and defended racist American institutions. The law is not autonomous, however, particularly in areas of explicit public policy making. Lawyers did not invent racism. Rather they created racist institutions because society was racist and racism was implicit in its values. The trend in scholarship on the legal history of American racism, however, has been to place most of the blame for …
Attorney's Fee Statutes In Civil Litigation: The State Of The Art, Susan Bennett
Attorney's Fee Statutes In Civil Litigation: The State Of The Art, Susan Bennett
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Equalities Real And Ideal: Affirmative Action In Indian Law Review, Lance Liebman
Equalities Real And Ideal: Affirmative Action In Indian Law Review, Lance Liebman
Faculty Scholarship
American legal scholars have devoted surprisingly little effort to studying India. In India, as in America, judges, lawyers, and legislators have had to shape a transplanted legal system with English roots. Both countries have adapted English legal institutions to conditions far more heterogeneous – ethnically, racially, linguistically,and geographically – than those of the mother country. It thus seems no accident that India's constitutional structure parallels that of the United States in so many ways. For example, India has a written constitution that embodies principles of federalism and separation of powers, and that provides for judicially enforced guarantees of individual rights. …
Ua21 Wku Affirmative Action Plan Volume V, Wku Office Of Equal Opportunity / 504 / Ada Compliance
Ua21 Wku Affirmative Action Plan Volume V, Wku Office Of Equal Opportunity / 504 / Ada Compliance
WKU Archives Records
This volume contains the Report to the President for 1983-84 and the workforce analyses, availability rates, goals and timetables for the 1984-85 academic year by departmental units. The ultimate goals are scheduled for 1987.
Ua21 Wku Affirmative Action Plan, Volume Vi, Wku Office Of Equal Opportunity / 504 / Ada Compliance
Ua21 Wku Affirmative Action Plan, Volume Vi, Wku Office Of Equal Opportunity / 504 / Ada Compliance
WKU Archives Records
This volume contains the Report to the President for 1984-85, and the workforce analyses, availability rates, goals and timetables for the 1985-86 academic year by departmental units. the ultimate goals are scheduled for 1987.