Law Commons^™

Obvious Case Of Sex Discrimination, Martha Charmallas

Ann B. Hopkins Papers

No abstract provided.

A Hard Nose And A Short Skirt, Richard Lacayo

Ann B. Hopkins Papers

No abstract provided.

The Continuing Violation Theory And Systemic Discrimination: In Search Of A Judicial Standard For Timely Filing, Thelma A. Crivens

Vanderbilt Law Review

Title VII of the Civil Rights Act of 19641 is one of the most effective federal anti-discrimination statutes in employment discrimination law. Enforcement of this statute has eliminated discriminatory acts directed at individual victims as well as discriminatory policies and practices directed at groups that traditionally have been victims of discrimination. The effectiveness of Title VII in eliminating employment policies that restrict opportunities for a group or class of employees (referred to as systemic discrimination) has been particularly important because of the economic, psychological, and social consequences that this discrimination has on members of the group as a whole. Also, …

Standards Of Proof In Section 274b Of The Immigration Reform And Control Act Of 1986, Carlos A. Gonzalez

Vanderbilt Law Review

On November 6, 1986, President Reagan signed into law the Immigration Reform and Control Act (IRCA), proclaiming it to be the most difficult legislative undertaking in the previous three Congresses. The Act's controversial centerpiece provides for sanctions against employers who knowingly hire, recruit, or refer for a fee undocumented aliens. While these sanctions were heralded as the most comprehensive reform in immigration law in over thirty years, opposition to them in Congress and among civil rights organizations was strong. These groups feared that employers seeking to avoid sanctions would discriminate in employment against Hispanics, Asians, and other ethnically or racially …

Confidentiality Of Tenure Review And Discovery Of Peer Review Materials, James H. Brooks

BYU Law Review

No abstract provided.

The Future Of The Disparate Impact Theory Of Employment Discrimination After Watson V. Fort Worth State Bank, Paul N. Cox

BYU Law Review

No abstract provided.

"Evans V. Jeff D." : Putting Private Attorneys General On Waiver, Randy M. Stedman

Vanderbilt Law Review

Prior to the Supreme Court's 1986 decision in Evans v. Jeff D.,fervent debate centered on the practice of simultaneously negotiating settlement on the merits and the award of attorney's fees in civil rights cases. Reasonable attorney's fees for prevailing plaintiffs in civil rights cases are provided at the discretion of the court under section 1988 of the Civil Rights Attorney's Fees Award Act of 1976' (the Fees Act).Sparked largely by the Third Circuit's rejection of the practice of simultaneous negotiations in Prandini v. National Tea Co., wide commentary on the practice soon followed the Fees Act's passage.

Critics of simultaneous …

No. 87-1167 1988 U.S. Trans Lexis 101, Supreme Court Of The United States

Ann B. Hopkins Papers

No abstract provided.

‘Social Grace’ Case Raises Question Of Subtle Sex Bias In Workplace, Al Karsen

Ann B. Hopkins Papers

No abstract provided.

Determined To Be Heard: Four Americans And Their Journeys To The Supreme Court, Melody Deshaney

Ann B. Hopkins Papers

No abstract provided.

Citizenship, Race, And Marginality, Kenneth L. Karst

William & Mary Law Review

No abstract provided.

Affirmative Action On Law Reviews: An Empirical Study Of Its Status And Effect, Frederick Ramos

University of Michigan Journal of Law Reform

This Note discusses the issues involved in affirmative action on law reviews. Part I examines law review affirmative action admissions schemes and alternative types of affirmative action programs. Part II considers the arguments supporting and opposing the implementation of affirmative action programs by law reviews. Part III presents the results of a survey of law reviews concerning affirmative action. This Note concludes that affirmative action programs are the most effective means of increasing minority membership on law reviews, but that law reviews may increase minority membership through other methods.

Affirmative Action: Protecting The Untenured Minority Professor During Extreme Financial Exigency, Johnny C. Parker, Linda C. Parker

North Carolina Central Law Review

No abstract provided.

Racial Discrimination In The Criminal Justice System, Clyde E. Murphy

North Carolina Central Law Review

No abstract provided.

The Indigent Defendant's Right To Psychiatric Assistance: Ake V. Oklahoma 470 U.S. 68 (1985), Kevin T. Smith

North Carolina Central Law Review

No abstract provided.

One Judge's Battle Against The New York City Judicial Establishment, Percy R. Luney Jr.

North Carolina Central Law Review

No abstract provided.

No. 87-1167 Reply Brief For The Petitioner, Supreme Court Of The United States

Ann B. Hopkins Papers

No abstract provided.

No. 87-1167 Brief For The American Federation Of Labor And Congress Of Industrial Organizations As Amicus Curiae In Support Of Respondent, Supreme Court Of The United States

Ann B. Hopkins Papers

No abstract provided.

Florida's Omnibus Aids Act Of 1988, Robert Craig Waters

Florida State University Law Review

In response to the growing fears and sometimes irrational attitudes associated with the deadly disease AIDS, the 1988 Florida Legislature passed the Omnibus AIDS Act, affecting twelve substantive areas of law. In this Article, the author examines each of these areas, suggests the most likely interpretation the courts will accord the new provisions, and makes recommendations to correct oversights and inconsistencies in existing laws.

Discrimination And Its Justification: Coping With Equality Rights Under The Charter, Richard Moon

Osgoode Hall Law Journal

The article examines and appraises conventional methods of interpreting the section 15 equality rights including a comparison of equality rights under the American Constitution. It determines that the most suitable interpretation is one which prohibits "constructive discrimination." Further, the analysis of section 15 finds a built-in limitation - the right against invidious discrimination - making recourse to section 1 unnecessary. But review of constructive discrimination and its justification is constrained by the adjudicative model and the state action doctrine. In the final analysis, the article challenges us to rethink our classic liberal conceptions of equality by looking less at invidious …

Interpreting Legislative Inaction, William N. Eskridge Jr.

Michigan Law Review

This month the Supreme Court will hear reargument in Patterson v. McLean Credit Union on the question of whether section 1981 prohibits discrimination by private parties. In this article, Professor Eskridge addresses the issue of how legislative inaction should affect statutory interpretation. He begins by constructing a detailed analysis of the Court's legislative inaction cases, arguing that the case law is much more coherent than previous analysts have suggested. Professor Eskridge then considers Justice Scalia's critique of that case law and provides support for Justice Scalia's views by distinguishing actual and presumed legislative intent, arguing that, based on a conception …

Statutory Interpretation, Legislative Inaction, And Civil Rights, Daniel A. Farber

Michigan Law Review

This month the Supreme Court will hear reargument in Patterson v. McLean Credit Union on the question of whether section 1981 prohibits discrimination by private parties. Professor Farber identifies three issues which lie at the heart of Patterson: Must statutes be construed to conform to the intent of the drafters? Does legislative inaction provide reliable guidance to interpreters of statutes? And should the nature of the claim at issue - here a claim of civil rights - influence the interpreters? On this last point, Professor Farber argues that public values must be relevant to statutory interpretation and that judges …

Updating Statutory Interpretation, T. Alexander Aleinikoff

Michigan Law Review

This month the Supreme Court will hear reargument in Patterson v. McLean Credit Union on the question of whether section 1981 prohibits discrimination by private parties. Professor Aleinikoff examines in depth the first issue raised by Professor Farber. Using metaphors of the archeological and the nautical Professor Aleinikoff describes theories of originalism and their application to statutory interpretation. Concluding that there are nonoriginalist (or nonarcheological) elements implicit in these theories, he proceeds to consider how an explicitly nonoriginalist (or nautical) theory of interpretation might work He concludes by commenting on the application of such a theory to Patterson.

A Board Does Not A Bench Make: Denying Quasi-Judicial Immunity To Parole Board Members In Section 1983 Damages Actions, Julio A. Thompson

Michigan Law Review

This Note argues that neither the majority nor the minority approach is realistic. A thorough examination of the parole process and section 1983 litigation will show that a third approach is more appropriate - that parole board members are entitled only to qualified immunity for all actions taken within the scope of their official duties. Part I argues that parole board members should not enjoy absolute, quasi-judicial immunity because the parole board decisionmaking process is not "functionally comparable" to judicial decisionmaking. The differences in procedure, political accountability, training, and background lead to two very different systems. Part II shows that …

Women In Non-Traditional Fields And Feminism: An Uneasy Connection, Carroll Wetzel Wilkinson Carroll.Wilkinson@Mail.Wvu.Edu

West Virginia Law Review

No abstract provided.

A Tale Of Two Cultures: Or Making The Proper Connection Between Law, Social History And The Political Economy Of Despair, Robert J. Cottrol

San Diego Law Review

In this Article, Professor Cottrol examines a pervasive culture of pessimism amongst a minority of underclass Black Americans the likes of which must be addressed if America's laws and public policy is to complete the unfinished work of the Civil Rights Revolution. The author argues that the development this culture is the result of long-term historical trends, the results of which came to fruition after the Second World War. He suggests Americans must shift their focus from familiar histories of southern slavery and Jim Crow to an examination of the histories of race relations in northern cities. Further, the author …

Racial Subordination Through Formal Equal Opportunity, Roy L. Brooks

San Diego Law Review

In this Article, Professor Brooks examines the current state of "formal equal opportunity" and finds it may not be the final expression of interracial relations in the United States. The inquiry begins with the realization that after the passage of hundreds of civil rights laws, Black Americans seem worse off socially and economically than Black Americans were under Jim Crow. The author criticizes civil rights analysis for its failure to ask the right question - the "subordination question." This question would require scholars to analyze the subordinating force or mechanism in civil rights law which the author believes to be …

Relations Between The Sexes: Timely Vs. Timeless Principles, Joel J. Kupperman

San Diego Law Review

In this Article, Professor Kuperman examines the morality of affirmative action with a primary focus on affirmative action for women. He outlines what he feels is a convincing case for a philosophically opposed position: that affirmative action programs are justified. After discussing the criticisms leveled against affirmative action, the author concludes by suggesting that the strongest case for affirmative action rests on its relation to a just society. The relation is that affirmative action should lead to a just society.

Local Knowledge, Local Color: Critical Legal Studies And The Law Of Race Relations, Gerald Torres

San Diego Law Review

In this Article, Professor Torres examines the meaning and content of Critical Legal Studies (CLS), focusing on the struggle for racial equality. He suggests ways in which understanding the relationship between law and culture can enable, both academics and practitioners, to construct theoretical foundations for the next generation of race relations. Understanding how the law of race relations has emerged and changed over the past twenty-five years is possible only by understanding how the dominant culture has accommodated itself to the changed legal landscape. Central to the inquiry is understanding American cultural pluralism as an expression of cultural domination and …

California's Characterization Of Credit Acquisitions During The Post-Separation Period, Curtis Barnes Jr.

San Diego Law Review

In California, the community property is liable for debts incurred during separation. However, proceeds from these debts may be characterized as separate property of the acquiring spouse. Thus, the community, even though suffering the risks of liability, is disallowed the benefits of such risks. This Comment argues that the current lender's intent analysis applied upon credit acquisition should be discontinued in favor of the exposure analysis. Further, the Comment argues that community property debt liability during separation arises only if the debt is related to the community which occurs a) if the liability benefits the community; or b) if the …