Law Commons^™

Ada Lois: The Sipuel Story, Ruth E. Swain

Women in History & the Law

Ada Lois Sipuel Fisher (1924-1995) applied to the University of Oklahoma College of Law in 1946. Her application was denied, and in Sipuel v. Board of Regents of the University of Oklahoma, the U.S. Supreme Court ruled that Oklahoma had to provide her with the same opportunities for a legal education as it provided other citizens. Rather than admit her to OU, the state established a law school specifically for her. She refused to attend, and her attorneys argued that the school did not afford the same educational opportunities as OU. The Oklahoma Attorney General conceded, and Fisher was …

Private Rights Of Action, 27 Depaul L. Rev. 1117 (1978), Michael P. Seng

UIC Law Open Access Faculty Scholarship

In order for Sections 503 and 504 of the Rehabilitation Act of 1973 to practically prohibit employment discrimination against handicapped persons, a broad array of effective and prompt remedies is needed. In this Article, the author examines judicial findings of legislative intent to create private causes of action in the enactment of various civil rights legislation and concludes that a private cause of action is an available mechanism to enforce the federal statutory scheme prohibiting discrimination in the employment of handicapped individuals. While Sections 503 and 504 are silent as to whether a private cause of action exists, Professor Seng …

Prisoner's Rights -- Failure To Provide Adequate Law Libraries Denies Inmates' Right Of Access To The Courts, Irma S. Russell

Faculty Law Review Articles

This article examines the Supreme Court's decision in Bounds v. Smith and the movement toward recognition of the rights that prisoners retain after incarceration.

Part I outlines the nature and legal foundation of the right of access to the courts as endorsed by Bounds. Part II examines questions raised by the dissenting opinions concerning the scope and validity of the right. Part III addresses the practical implication of the decision and concludes that the right of state and federal prisoners to access legal information in preparing legal papers stands on firmer ground after this decision.

The Unrealized Expectations Of Article 1, Section 17, 11 J. Marshall J. Prac. & Proc. 283 (1978), Elmer Gertz

UIC Law Review

No abstract provided.

The Civil Rights Injunction, Owen M. Fiss

Addison Harris Lecture

No abstract provided.

Equality For Individuals Or Equality For Groups: Implications Of The Supreme Court Decision In The Manhart Case, William W. Van Alstyne

Faculty Scholarship

This commentary breaks down the case of the City of Los Angeles Department of Water and Power v. Manhart and discusses what effects the Supreme Court's decision will have when Title VII is applied to university employers, particularly in their relationship with TIAA-CREF

A Preliminary Report On The Bakke Case, William W. Van Alstyne

Faculty Scholarship

This comment breaks down the variety of opinions in the Bakke case and discusses the immediate implications the decision may have on the academic community.

Equal Rights Amendment South Carolina Coalition Records - Accession 168, Equal Rights Amendment South Carolina Coalition

Manuscript Collection

The Equal Rights Amendment (ERA) records, dating from 1970 to 1978, include correspondence, legislative journals, magazine articles, newspaper clippings, brochures, pamphlets, and other records relating to the work of the South Carolina Coalition in trying to get the ERA ratified by the South Carolina state legislature. There is relevant material concerning the ERA issue in other states. The Coalition was organized in 1972. The Equal Rights Amendment (ERA) was a proposed amendment to the United States Constitution designed to guarantee equal rights for women.

The Immunity Of Public Defenders Under Section 1983, Ellen Keller

Cleveland State Law Review

The Circuit Courts of Appeals that have considered the question of a public defender's liability issue have all held public defenders or court-appointed counsel immune from personal liability for actions taken in the course of representing their clients. This note will examine the ways in which the courts have disposed of these cases, discuss factors that have inclined federal courts to grant immunity to public defenders under section 1983, and weigh the advisability of personal liability for malpractice of those who defend indigent defendants in criminal trials.

The Meaning Of "Public" In Section 709(E) Of The 1964 Civil Rights Act And Access To Information Gathered By The Eeoc, Mark R. Overstreet

Kentucky Law Journal

No abstract provided.

A Technical Look At The Eighty Per Cent Rule As Applied To Employee Selection Procedures, Jacob Van Bowen Jr., C. Allen Riggins

University of Richmond Law Review

In litigation under Title VII of the Civil Rights Act of 1964, statistical data has been referred to as "the only game in town." This characterization only slightly overstates the importance of statistical data to prove or rebut a case of employment discrimination. In the first decade of Title VII litigation, statistical analysis in the courts was relatively uncomplicated, sometimes involving a mere recital of percentage differences or lack thereof between minority and majority classes. In recent years, however, courts and Title VII litigants have begun to take a more sophisticated view of the use of statistics in Title VII …

Equal Rights Amendment South Carolina Coalition Records - Accession 183, Equal Rights Amendment South Carolina Coalition, Coleman Groves Poag

Manuscript Collection

The Equal Rights Amendment (ERA) South Carolina Coalition Records consists of correspondence, newsletters, brochures, pamphlets, and telegrams, extending from 1972-1978, sent by both supporters and non-supporters of ERA to Coleman Poag, South Carolina state senator for district 6, in an effort to influence Poag’s vote. The ERA was a proposed amendment to the United States Constitution designed to guarantee equal rights for women.

Bakke Revisited - What The Court's Decision Means - And Doesn't Mean, Douglas D. Scherer

Scholarly Works

No abstract provided.

Civil Rights - Title Vii - Statutes Of Limitations - Eeoc Enforcement Actions Not Subject To Any Time Limitation, Steven D. Mclamb

Villanova Law Review

No abstract provided.

Miranda V. Arizona: The Emerging Pattern, Evelyn G. Skaltsounis

University of Richmond Law Review

In Miranda v. Arizona, the United States Supreme Court set forth a series of specific guidelines to determine the admissibility at trial of statements elicited during police interrogation of a criminal suspect. Since 1971, the Burger Court has whittled away at the mandates of Miranda. It is possible that one major factor underlies this erosion process: the very frustrating reality that, in many situations, an obviously guilty party is allowed to go free because "the constable has blundered."

Time Limitations On The Filing Of Title Vii Suits By The Equal Employment Opportunity Commission

Washington and Lee Law Review

No abstract provided.

Federal Regulation Of Collective Bargaining By State And Local Employees: Constitutional Alternatives, Ronald C. Brown

Faculty Publications

No abstract provided.

Judicial Immunity And Sovereignty, Robert F. Nagel

Publications

No abstract provided.

The Expansion Of Federal Jurisdiction And The Crisis In The Courts, Harry Phillips

Vanderbilt Law Review

Diversity jurisdiction has undergone intensive scrutiny and criticism for many years, with some commentators advocating repeal, and others urging retention. Among the critics of diversity jurisdiction are some of the legal profession's most prominent members. Roscoe Pound, Louis D. Brandeis, and Charles William Eliot were members of a committee that questioned diversity jurisdiction as long ago as 1914, and Senator George W. Norris of Nebraska led the Senate Judiciary Committee in recommending repeal of diversity jurisdiction in 1928. In 1954, Associate Justice Felix Frankfurter, an ardent foe of diversity jurisdiction, referred to "the mounting mischief inflicted on the federal judicial …

Title Vii - Seniority - The Relevant Scope Of Inquiry For Determining The Legality Of A Seniority System, James D. Spratt, Jr.

Vanderbilt Law Review

Title VII of the Civil Rights Act of 1964, which became effective on July 2, 1965, was enacted to eliminate artificial barriers to employment that historically have deprived minorities and women of employment opportunities. Section 703 of the Act thus makes discrimination on the basis of race, color, religion, sex, or national origin an unlawful employment practice. In order to obtain relief from a discriminatory employment practice, an aggrieved party must demonstrate that the defendant intentionally engaged in the unlawful practice. Because the broad language of sections 703(a), 703(c), and 706(g) fails to define the terms "discriminate" and"intentionally," the effectiveness …

Comment, Discrimination In Access To Public Places: A Survey Of State And Federal Public Accommodations Laws, Lisa G. Lerman, Annette K. Sanderson

Scholarly Articles

The purpose of this Project is to chart recent developments in public accommodations law, including the expansion of access rights to places not previously regarded as public, the proscription of discrimination against groups other than racial minorities, and the increasing role of the state civil rights commissions in enforcing discrimination law. This survey provides a basis for assessing the adequacy of existing remedies and suggests changes in state and federal law. The Project conducts a mechanical examination of the statutes on the books. It does not discuss how those laws came into existence or the actual workings of the agencies …

Title Vii And Religious Discrimination: Is Any Accommodation Reasonable Under The Constitution?, Brendan M. Cournane

Loyola University Chicago Law Journal

No abstract provided.

Private Causes Of Action Under Federal Agency Nondiscrimination Statutes, Julia C. Lamber

Articles by Maurer Faculty

Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race in programs and activities receiving federal financial assistance. Similarly Title IX of the Education Amendments of 1972 prohibits sex discrimination in federally funded education programs or activities. Although the effect of Title VI has been felt primarily in education, the statutory prohibition applies to any federally funded activity, public or private, including hospitals, social service and welfare agencies, law enforcement agencies, housing, and recreational programs. Both statutes provide for administrative enforcement against prohibited activities. This article explores the question of whether a private cause …

The Repressed Issues Of Sentencing: Accountability, Predictability, And Equality In The Era Of The Sentencing Commission, John C. Coffee Jr.

Faculty Scholarship

The existence of disparities in the sentences imposed on equally culpable offenders has long been a subject of jurisprudential concern. The author provides a critique of recent efforts to objectify the sentencing process that rely on a matrix table prescribing guideline sentence lengths on the basis of offense severity and predictions of recidivism. With particular emphasis on the Sentencing Commission authorized by pending federal legislation, he urges the need for political accountability in the body that inevitably makes value judgments in the preparation and administration of such a guideline system. Finally, the author discusses the normative issues that surround the …

What Bakke Leaves To The States: Preliminary Thoughts, Robert M. O'Neil

Articles by Maurer Faculty

No abstract provided.

Assuring "Detached But Passionate Investigation And Decision": The Role Of Guardians Ad Litem In Saikewicz-Type Cases, Charles Baron

Charles H. Baron

The author focuses this Article upon the aspect of the Saikewicz decision which determines that the kind of "proxy consent" question involved in that case required for its decision "the process of detached but passionate investigation and decision that forms the ideal on which the judicial branch of government was created." This aspect of the decision has drawn much criticism from the medical community on the ground that it embroils what doctors believe to be a medical question in the adversarial processes of the court system. The author criticizes the decision from an entirely opposite perspective, arguing that the court's …