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Articles 1 - 30 of 138
Full-Text Articles in Law
Ugly: An Inquiry Into The Problem Of Racial Gerrymandering Under The Voting Rights Act, Daniel D. Polsby, Robert D. Popper
Ugly: An Inquiry Into The Problem Of Racial Gerrymandering Under The Voting Rights Act, Daniel D. Polsby, Robert D. Popper
Michigan Law Review
In the discussion that follows, we focus on the case of congressional districting rather than on districting in general. Although we proceed in this manner for the sake of clarity, it is also true that no single, all-purpose normative theory of electoral mechanics will cover every case of democratic representation, from county commissions to mosquito control districts to sovereign legislatures. We do not claim that one can generalize our argument to every sort of election to which the VRA might apply. Yet we think our argument does approximate a theory of general application.
Expressive Harms, "Bizarre Districts," And Voting Rights: Evaluating Election-District Appearances After Shaw V. Reno, Richard H. Pildes, Richard G. Niemi
Expressive Harms, "Bizarre Districts," And Voting Rights: Evaluating Election-District Appearances After Shaw V. Reno, Richard H. Pildes, Richard G. Niemi
Michigan Law Review
This article attempts to define the constitutional principles that characterize Shaw and to suggest how those principles might be applied in a consistent, meaningful way. Part I, in which we argue that Shaw must be understood to rest on a distinctive conception of the kinds of harms against which the Constitution protects, is the theoretical heart of the article. We call these expressive harms, as opposed to more familiar, material harms. In Part II, we briefly survey the history of previous, largely unsuccessful, efforts in other legal contexts to give principled content to these kinds of harms in redistricting. …
Race And Redistricting: Drawing Constitutional Lines After Shaw V. Reno, T. Alexander Aleinikoff, Samuel Isaacharoff
Race And Redistricting: Drawing Constitutional Lines After Shaw V. Reno, T. Alexander Aleinikoff, Samuel Isaacharoff
Michigan Law Review
Shaw is no doubt a major opinion that attempts to define limits on the use of racial or ethnic classifications in electoral redistricting. The main thrust of this article is to assess the critical question of whether Shaw renders unconstitutional the type of race-conscious realignment of electoral configurations that have given meaning to the voting rights reforms of the past two decades. In making this assessment, we try to ascertain exactly how the Court has limited the use of race-conscious districting, and we try to determine whether there is any jurisprudential coherence to the Court's latest confrontation with the law …
Unspeakable Suspicions: Challenging The Racist Consensual Encounter, Peter Schoenburg, Risa Evans
Unspeakable Suspicions: Challenging The Racist Consensual Encounter, Peter Schoenburg, Risa Evans
Law Faculty Scholarship
[Excerpt] "In recent years, law enforcement officials have honed a new technique for fighting the "War on Drugs:" the suspicionless police sweep of stations and vehicles involved in interstate mass transportation. Single officers or groups of officers approach unfortunate individuals in busses, trains, stations and airline terminals. A targeted traveller is requested to show identification and tickets, explain the purpose of his or her travels, and finally, at times, to consent to a luggage search. As long as "a reasonable person would understand that he or she could refuse to cooperate," the encounter between the law-enforcement official and the traveller …
Rethinking Federal Judicial Selection
Excuses, Excuses: Neutral Explanations Under Batson V. Kentucky, Michael J. Raphael, Edward J. Ungvarsky
Excuses, Excuses: Neutral Explanations Under Batson V. Kentucky, Michael J. Raphael, Edward J. Ungvarsky
University of Michigan Journal of Law Reform
The legal struggle for racial justice in the United States has always been in part a struggle to determine how best to achieve racial equality. In 1986, in Batson v. Kentucky, the United States Supreme Court attempted to curb racial discrimination in the use of peremptory challenges to strike potential members of a jury. The Court mandated procedures for determining whether a prosecutor had struck members of the venire because of their race. The procedures furnished in Batson are quite general, however, and lower courts have used a variety of standards in implementing them. This Article examines how lower …
The Langugage And Culture (Not To Say Race) Of Peremptory Challenges, Sheri Lynn Johnson
The Langugage And Culture (Not To Say Race) Of Peremptory Challenges, Sheri Lynn Johnson
Cornell Law Faculty Publications
No abstract provided.
From Freeman To Brown And Back Again: Principle, Pragmatism, And Proximate Cause In The School Desegregation Decisions, David Crump
Washington Law Review
A court deciding a constitutional case should announce a clear principle, one that the people can easily understand and follow. At the same time, such a decision should be pragmatic, in that it should effectively accomplish its goals while treating all affected persons fairly. The simultaneous fulfillment of these two criteria, however, can sometimes be extraordinarily difficult. In this article, Professor Crump considers how well the school desegregation remedies ordered by the Supreme Court fit the tests of principle and pragmatism. He concludes that the early decisions, as well as many of the later ones, do not achieve both goals, …
The University In The Manner Of Tiananmen Square, William W. Van Alstyne
The University In The Manner Of Tiananmen Square, William W. Van Alstyne
Faculty Publications
No abstract provided.
Postconviction Review Of Jury Discrimination: Measuring The Effects Of Juror Race On Jury Decisions, Nancy J. King
Postconviction Review Of Jury Discrimination: Measuring The Effects Of Juror Race On Jury Decisions, Nancy J. King
Michigan Law Review
In Part I, I review the empirical evidence concerning the effect of jury discrimination on jury decisions. Using the work of social and cognitive psychologists, I argue that the influence of jury discrimination on jury decisions is real and can be measured by judges in certain circumstances. The empirical studies suggest criteria that courts could use to identify the cases in which jury discrimination is most likely to affect the verdict. I also refute the argument that white judges can never predict the behavior of jurors of racial backgrounds different than their own and conclude that judicial estimates of the …
Section 2: Discrimination, Institute Of Bill Of Rights Law, William & Mary Law School
Section 2: Discrimination, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Lords Of Lash, Loom, And Law: Justice Story, Slavery, And Prigg V. Pennsylvania, Barbara Holden-Smith
Lords Of Lash, Loom, And Law: Justice Story, Slavery, And Prigg V. Pennsylvania, Barbara Holden-Smith
Cornell Law Faculty Publications
No abstract provided.
St. Mary's Honor Center V. Hicks: Interpretation Of Title Vii Takes A Wrong Turn, Teresa C. Postle
St. Mary's Honor Center V. Hicks: Interpretation Of Title Vii Takes A Wrong Turn, Teresa C. Postle
West Virginia Law Review
No abstract provided.
Substantive Equal Protection Analysis Under State V. Russell, And The Potential Impact On The Criminal Justice System, Jeffery A. Kruse
Substantive Equal Protection Analysis Under State V. Russell, And The Potential Impact On The Criminal Justice System, Jeffery A. Kruse
Washington and Lee Law Review
No abstract provided.
Certificate: In Appreciation For 25 Years Of Service, Florida Community College At Jacksonville, Florida Community College At Jacksonville
Certificate: In Appreciation For 25 Years Of Service, Florida Community College At Jacksonville, Florida Community College At Jacksonville
Saffy Collection - All Textual Materials
No abstract provided.
Groveling At The Feet Of Football's Greedy Lords, Kenneth Lasson
Groveling At The Feet Of Football's Greedy Lords, Kenneth Lasson
All Faculty Scholarship
No abstract provided.
Goldberg V. Town Of Rocky Hill: Second Circuit Refuses To Extend Absolute Immunity To Municipal Defendant, Nancy J. Bladich
Goldberg V. Town Of Rocky Hill: Second Circuit Refuses To Extend Absolute Immunity To Municipal Defendant, Nancy J. Bladich
Mercer Law Review
In Goldberg v. Town of Rocky Hill, the Second Circuit Court of Appeals held that municipalities sued under The Civil Rights Act, 42 U.S.C. § 1983, were not entitled to absolute immunity from suit. Kenneth Goldberg brought suit against the town of Rocky Hill, Connecticut ("the town"), its mayor, town manager, and councilmen in their official capacities, claiming he was wrongfully discharged. The town moved to dismiss under Federal Rule of Civil Procedure 12(b)(6) claiming absolute immunity from suit. The district court denied the motion holding that the town was not entitled to absolute immunity. The town then brought …
Wallace V. Dunn Construction Co.: Defining The Role Of After-Acquired Evidence In Federal Employment Discrimination Suits, Hugh Lawson Iii
Wallace V. Dunn Construction Co.: Defining The Role Of After-Acquired Evidence In Federal Employment Discrimination Suits, Hugh Lawson Iii
Mercer Law Review
In Wallace v. Dunn Construction Co. the Eleventh Circuit Court of Appeals faced an issue of first impression in the circuit: the role of after-acquired evidence in actions arising under federal employment discrimination statutes, namely Title VII of the Civil Rights Act of 1964 and the Equal Pay Act. The court held that after-acquired evidence cases in which an employer discovers evidence constituting a permissible reason for discharging an employee after that employee has already been discharged for an impermissible reason are distinguishable from mixed-motive cases in which an employer discharges an employee for several reasons, some permissible and …
Health Care In The Inner City: Asking The Right Question, Sidney D. Watson
Health Care In The Inner City: Asking The Right Question, Sidney D. Watson
All Faculty Scholarship
MIAMI-June Kirchik, fifty-eight years old, discovered a large lump in her breast. When she went to a private hospital, she was denied treatment because she was indigent and her case was not considered an emergency. A public hospital performed a biopsy, which was positive, and gave her an appointment for treatment three weeks later. When Mrs. Kirchik arrived for treatment, however, the public hospital turned her away because she had not yet applied for Medicaid. Mrs. Kirchik tried another public hospital, but was turned away because she was not a resident of the hospital's service area. When Mrs. Kirchik's story …
Proving Environmental Inequity In Siting Locally Unwanted Land Uses, Michael Greenberg
Proving Environmental Inequity In Siting Locally Unwanted Land Uses, Michael Greenberg
RISK: Health, Safety & Environment (1990-2002)
This paper advances a process for determining whether, e.g., waste-to-energy facilities are disproportionately located in minority and poor communities, and the author asks others to join in searching for a scientifically sound and fair process of resolving conflicting interests in locating LULUs. He also discusses some difficult issues and argues that they need to be addressed by a representative panel.
Understanding Mixed Motives Claims Under The Civil Rights Act Of 1991: An Analysis Of Intentional Discrimination Claims Based On Sex-Stereotyped Interview Questions, Heather K. Gerken
Understanding Mixed Motives Claims Under The Civil Rights Act Of 1991: An Analysis Of Intentional Discrimination Claims Based On Sex-Stereotyped Interview Questions, Heather K. Gerken
Michigan Law Review
This Note analyzes the Civil Rights Act of 1991 and relevant case law to determine whether posing sex-stereotyped interview questions is actionable conduct under Title VII. It questions whether proof of discrimination during a phase in the hiring process, specifically during the interview stage, supports a Title VII claim without other independent evidence that the hiring decision was discriminatory. Part I explains that the circuit courts have envisioned the impact of discrimination during the hiring process differently and, as a result, are divided in determining whether sex-stereotyped interview questions are actionable under Title VII. Part II examines the legislative history …
Personnel Managers' Attitudes Towards Affirmative Action & Its Potential Correlates, Donna Dunville
Personnel Managers' Attitudes Towards Affirmative Action & Its Potential Correlates, Donna Dunville
Masters Theses & Specialist Projects
Despite the controversy surrounding Affirmative Action (AA), relatively little research has appeared about attitudes towards these programs. In this research, an exploratory approach is implemented to assess the support of personnel managers for the theory of AA as well as the mechanisms designed to carry it out. Also, the relationship to Supreme Court decisions, relevant legislation, and numerous demographic, attitudinal, and organizational variables are examined for their impact on Affirmative Action attitudes. A questionnaire was utilized to assess support for AA and its correlates. The majority of personnel managers indicate support for both AA in theory and the mechanisms required …
Rodrigo's Second Chronicle: The Economics And Politics Of Race, Richard Delgado
Rodrigo's Second Chronicle: The Economics And Politics Of Race, Richard Delgado
Michigan Law Review
A Review of Forbidden Grounds: The Case Against Employment Discrimination Laws by Richard Epstein
Guess Who's Not Coming To Dinner!!, Stephen Reinhardt
Guess Who's Not Coming To Dinner!!, Stephen Reinhardt
Michigan Law Review
A Review of Faces at the Bottom of the Well: The Permanence of Racism by Derrick Bell and Two Nations: Black and White, Separate, Hostile, Unequal by Andrew Hacker
Civil Liberties And Civil War: The Great Emancipator As Civil Libertarian, Paul Finkelman
Civil Liberties And Civil War: The Great Emancipator As Civil Libertarian, Paul Finkelman
Michigan Law Review
A Review of The Fate of Liberty: Abraham Lincoln and Civil Liberties by Mark E. Neely, Jr.
A Question Of Choice, Michele A. Estrin
A Question Of Choice, Michele A. Estrin
Michigan Law Review
A Review of A Question of Choice by Sarah Weddington
Back To The Future: The Application Of The 1991 Civil Rights Act To Pre-Existing Claims, Jennifer Jolly Ryan
Back To The Future: The Application Of The 1991 Civil Rights Act To Pre-Existing Claims, Jennifer Jolly Ryan
Mercer Law Review
On November 21, 1991, President Bush signed into law the Civil Rights Act of 1991 (the "1991 Act"). After two years of heated debate and compromise, Congress passed a comprehensive civil rights package that promises to strengthen and expand Title VII of the Civil Rights Act of 1964 ("Title VII") and Section 1981 of the Civil Rights Act of 18668 ("Section 1981"), largely by restoring anti-discrimination laws to their pre-1989 status as well as by instituting certain procedural changes for the courts to follow.
The 1991 Act provides access to compensatory and punitive damages, as well as trial by jury, …
The Creation And Perpetuation Of The Mother/Body Myth: Judicial And Legislative Enlistment Of Norplant, Madeline Henley
The Creation And Perpetuation Of The Mother/Body Myth: Judicial And Legislative Enlistment Of Norplant, Madeline Henley
Buffalo Law Review
No abstract provided.
The Affirmative Action/Quota Issue: Back To The Future In The Year 2000? (The Ben J. Altheimer Lecture), James E. Jones Jr.
The Affirmative Action/Quota Issue: Back To The Future In The Year 2000? (The Ben J. Altheimer Lecture), James E. Jones Jr.
University of Arkansas at Little Rock Law Review
No abstract provided.
Bray V. Alexandria Women's Health Clinic: Women Under Siege, Dianne Olivia Fischer
Bray V. Alexandria Women's Health Clinic: Women Under Siege, Dianne Olivia Fischer
University of Miami Law Review
No abstract provided.