Law Commons^™

Equal Rights, Special Rights, And The Nature Of Antidiscrimination Law, Peter J. Rubin

Michigan Law Review

Despite the continued belief held by most Americans that certain characteristics should not form the basis for adverse decisions about individuals in employment, housing, public accommodations, and the provision of a wide range of governmental and private services and opportunities, antidiscrimination laws have increasingly come under attack on the ground that they provide members of the group against whom discrimination is forbidden with "special rights." The "special rights" objection has been voiced most strongly, but not exclusively, against laws that seek to prohibit discrimination on the basis of sexual orientation. This line of attack has not always been effective, but …

Status Rules: Doctrine As Discrimination In A Post-Hicks Enivronment, Ruth Gana Okedji

Florida State University Law Review

No abstract provided.

Race, The Immigration Laws, And Domestic Race Relations: A "Magic Mirror'' Into The Heart Of Darkness, Kevin R. Johnson

Indiana Law Journal

No abstract provided.

Unprotected Until Forty: The Limited Scope Of The Age Discrimination In Employment Act Of 1967, Bryan B. Woodruff

Indiana Law Journal

No abstract provided.

Environmental Justice And Community Empowerment: Learning From The Civil Rights Movement , R. Gregory Roberts

American University Law Review

No abstract provided.

The Race Convention And Civil Rights In The United States, Theodore M. Shaw

City University of New York Law Review

No abstract provided.

Analysis Of People Of The State Of New York, Buffalo Gyn Womenservices, Planned Parenthood Of Rochester/Syracuse Region, Et. Al. V. Operation Rescue National, Et. Al., Lucinda Finley

Buffalo Women's Law Journal

No abstract provided.

Equal Pay: A Proposed Amendment To The Fairllabor Standards Act, Caroline Edwards

Buffalo Women's Law Journal

No abstract provided.

Is Sexual Harassment Sex Discrimination? Still An Open Question, Helen Lafferty

Buffalo Women's Law Journal

No abstract provided.

Patriarchy And Dicrimination In Apartheid South Africa's Abortion Law, Jeremy Sarkin

Buffalo Human Rights Law Review

No abstract provided.

A Time For Reflection, Marc A. Fajer

University of Miami Law Review

No abstract provided.

Négligence, Victimes Indirectes Et Préjudice Moral En Common Law: Les Limites A La Réparation Se Justifient-Elles?, Louise Belanger-Hardy

Osgoode Hall Law Journal

Common law courts have traditionally been reluctant to award damages for emotional harm. This is particularly true in cases of secondary victims of negligence. Preoccupied by the fear of fraudulent claims or the danger of opening the floodgates, courts strive to limit the scope of liability in these circumstances. But how legitimate is the reasoning that has served to support such a restrictive analysis of the decision to award damages for emotional harm? The author explores the limitations of the Canadian courts' current approach and analyzes the basis of their concern. She concludes that not only do the beliefs espoused …

Race And Property Values In Entrenched Segregation, Margalynne Armstrong

University of Miami Law Review

No abstract provided.

Mandates Unsatisfied: The Low Income Housing Tax Credit Program And The Civil Rights Laws, Florence Wagman Roisman

University of Miami Law Review

No abstract provided.

Family Values: Prevention Of Discrimination And The Housing For Older Persons Act Of 1995, Jonathan I. Edelstein

University of Miami Law Review

No abstract provided.

Dicenso V. Cisneros: An Argument For Recognizing The Sanctity Of The Home In Housing Sexual Harassment Cases, Carlotta J. Ross

University of Miami Law Review

No abstract provided.

A Generation Of Human Rights: Looking Back To The Future, Rosalie Silberman Abella

Osgoode Hall Law Journal

The author traces the development of human rights in North America since the Second World War, and examines the socio-political environment in which these developments took place. In examining what appears to be an existing backlash against the earlier vigorous pursuit of rights for disadvantaged groups, the author distinguishes between civil liberties and human rights, and focuses on how a preoccupation with civil liberties is impeding the ability to promote human rights. She concludes by discussing the evolution of human rights for women this generation, and observes that while there have been significant gains, especially numerically, there has also been …

A Comparative Vision Of The Convergence Of Ecology, Empowerment, And The Quest For A Just Society, James A. Kushner

University of Miami Law Review

No abstract provided.

Housing Segregation And Housing Integration: The Diverging Paths Of Urban America, Richard H. Sander

University of Miami Law Review

No abstract provided.

Race/Ism Lost And Found: The Fair Housing Act At Thirty, John O. Calmore

University of Miami Law Review

No abstract provided.

Civil Rights, Robin Jean Davis, Louis J. Palmer Jr.

West Virginia Law Review

No abstract provided.

Challenges To The Future Of Civil And Political Rights, Dinah Shelton

Washington and Lee Law Review

No abstract provided.

Human Rights In The United States Courts: The Role Of Lawyers, Steven M. Schneebaum

Washington and Lee Law Review

No abstract provided.

Why Judicial Reversal Of Apartheid Made A Difference, William A. Fischel

Vanderbilt Law Review

Did Buchanan v. Warley' have any practical effect on the economic well-being of black Americans? Michael Klarman argues that it did not, since the enforcement of racial segregation proceeded along other lines, such as regular zoning, racial covenants, informal discrimination, and unofficial violence. David Bernstein disagrees in part with Kiarman's conclusion. He argues that Buchanan v. Warley effectively made more housing available to blacks in urban areas, even if it did not promote racial integration.

I second Bernstein's conclusion by putting Buchanan in the context of the urban-economics theory of housing segregation. Because Buchanan helped blacks gain a foothold, albeit …

Race And The Court In The Progressive Era, Michael J. Klarman

Vanderbilt Law Review

In the second decade of the twentieth century, the Supreme Court decided four prominent (groups of) cases involving race. On each occasion, the civil rights claim won in some significant sense. One set of cases involved so-called peonage legislation-laws that coerced (primarily) black labor. In Bailey v. Alabama, the Court invalidated under the federal Peonage Act of 18672 and the Thirteenth Amendment an Alabama law making it a crime to enter, with fraudulent intent, into a labor contract that provided for advance payment of wages; the law made breach of the contract prima facie evidence of fraudulent intent, and Alabama …

Justice John Marshall Harlan As Prophet: The Plessy Dissenter's Color-Blind Constitution, Molly Townes O'Brien

William & Mary Bill of Rights Journal

The concept of color-blindness has long elicited much debate over its precise meaning and the role it should play in jurisprudence. Such debate was catalyzed by Justice John Marshall Harlan's well-known Plessy dissent. In the wake of the efforts of both civil rights activists and conservatives to use color-blindness to further their respective goals, Professor O'Brien seeks to clarify Harlan's vision of color-blind jurisprudence and examines the ways in which recent Supreme Court decisions echo Harlan's concepts regarding a color-blind constitution.

Professor O'Brien first provides a brief introduction to the concept of color-blindness. O'Brien then examines Harlan's experiences in politics …

And What Of The Meek?: Devising A Constitutionally Recognized Duty To Protect The Disabled At State Residential Schools, Yama Shansab

William & Mary Bill of Rights Journal

Section 1983 provides a statutory right to a remedy for Fourteenth Amendment due process violations. The Supreme Court has suggested that the state only has a duty to protect when an individual is incarcerated, involuntarily institutionalized, or has other similar restraints of his or her personal liberty. Based on this, courts generally have found that schools have no constitutional duty to protect their students against injury from other students or staff members. Lower courts have struggled with what constitutes other similar restraints, but have generally been unwilling to find that a state has a constitutional duty in all but the …

Rough Terrain Ahead: A New Course For Racial Preference Programs, Jeremy Moeser

Mercer Law Review

Debate over affirmative action has dominated recent legislative and court agendas. In November 1996, for example, fifty-four percent of California voters approved a referendum, Proposition 209, which eliminated preference programs in state and local government for minorities and women. Similarly, in 1995 the Board of Regents of the University of California system ended affirmative action in California's public universities. This phenomenon, however, has not limited itself to California. The Court of Appeals for the Fifth Circuit, in Hopwood v. Texas, held that the University of Texas School of Law's admissions program, which gave preference to African-Americans and Mexican- Americans, …

Progressive Era Race Relations Cases In Their "Traditional" Context, Mark V. Tushnet

Vanderbilt Law Review

The pioneering African-American historian Rayford Logan called the early years of the Progressive era the "nadir" of race relations in the United States. Historians and political scientists who study the Supreme Court generally agree that Supreme Court decisions are rarely substantially out of line with the kind of sustained national consensus regarding race relations that Logan described. Professors Bernstein and Karman point to popular culture, including the roaring success of D.W. Griffith's epic Birth of a Nation attacking Reconstruction and defending the Ku Klux Klan, and elite opinion such as the flourishing of scientific racism to demonstrate that there was …

The Color Line Of Punishment, Jerome H. Skolnick

Michigan Law Review

If "the color line," (in W.E.B. Du Bois's 1903 phrase and prophecy) was to be the twentieth century's greatest challenge for the domestic life and public policy of the United States, the law has had much to do with drawing its shape. No surprise, this. By now, legal theorists accept that law does not advance in preordained fashion, immune from the sway of political interest, belief systems and social structure. Still, it is hard to exaggerate how powerfully the law has shaped the life chances of Americans of African heritage, for good or ill, and in ways that we scarcely …