Law | Open Access Articles | Digital Commons Network™

American Tobacco Co. V. Patterson, Lewis F. Powell Jr

Supreme Court Case Files

No abstract provided.

Title Vi And The Constitution: A Regulatory Model For Defining ‘Discrimination’, Charles F. Abernathy

Georgetown Law Faculty Publications and Other Works

In recent years confusion has surrounded the proper interpretation of title V1 of the Civil Rights Act of 1964, which prohibits discrimination in programs receiving federal financial assistance. Some courts have held that the title prohibits only intentional discrimination. Others have held that it proscribes actions having discriminatory effects as well, an interpretation that imposes a great burden on federal grantees. The Supreme Court heightened the confusion when five individual justices in Regents of the University of California v. Bakke questioned the propriety of the Court's earlier adoption of an "effects" test for title VI. Professor Abernathy argues that this …

Go to article

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 …