Law Commons^™

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.

Remedies For Private Intelligence Abuses: Legal And Ideological Barriers, Julie Shapiro, David Kairys

Faculty Articles

Surveillance and intelligence activities by private companies and individuals are not new to the United States; the nuclear power industry's resort to such activities poses new civil liberties and social problems. The extreme danger embodied in nuclear facilities and materials and the fear of "nuclear terrorism" provide the most plausible justification in our history for the wholesale destruction of civil liberties. Ostensibly responding to these dangers, corporate and government agencies have conducted surveillance of and gathered intelligence about opponents of nuclear power. As in the past, the targets of these activities are not terrorists but citizens who nonviolently oppose corporate …

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.

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 …

Race, Class, And The Contradictions Of Affirmative Action, Henry Mcgee, Alan Freeman, Derrick A. Bell

Faculty Articles

A panel discussion on "Race, Class, and the Contradictions of Affirmative Action" was held as a part of the Third Annual Conference on Critical Legal Studies on November 10, 1979. Professor Alan Freeman, of the University of Minnesota Law School, convened the panel by setting forth the questions to be discussed and critiquing existing theories that have been offered to address the topic. The questions set forth for the panel was whether racism, although a historically separate and identifiable form of oppression, can be approached and remedied in any substantial way without simultaneously confronting the class structure in general. Can …

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.

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.

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 …

Ua21 Wku Affirmative Action Plan Volume I, Wku Office Of Equal Opportunity / 504 / Ada Compliance

WKU Archives Records

This 1981 Affirmative Action Plan is published as a revision of the WKU Affirmative Action Plan first published in 1974.

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 …

Sexual Harassment And Race: A Legal Analysis Of Discrimination, Judy Scales-Trent

Journal Articles

No abstract provided.

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.