Law Commons^™

Buying Fertility: The Constitutionality Of Welfare Bonuses For Welfare Mothers Who Submit To Norplant Insertion, John R. Hand

Vanderbilt Law Review

In 1990, Wyeth-Ayerst Laboratories introduced Norplant, a five- year contraceptive consisting of six capsules that release contraceptive hormones when inserted in a woman's arm. Soon after the introduction of Norplant, a Philadelphia Inquirer editorial column stirred tremendous controversy when the author suggested that Norplant could solve the welfare problem if states would offer welfare mothers incentives to use the device.' Tremendous outrage and cries of racism, fascism and genocide prompted the Inquirer's Editor, Maxwell King, to apologize publicly and retract the editorial.'

Despite the fury, some states have introduced welfare reform bills that would do exactly what the Inquirer editorial …

Would Vince Lombardi Have Been Right If He Had Said: “When It Comes To Redistricting, Race Isn’T Everything, It’S The Only Thing”?, Bernard Grofman

Cardozo Law Review

No abstract provided.

Bray V. Alexandria Women's Health Clinic: Women Under Siege, Dianne Olivia Fischer

University of Miami Law Review

No abstract provided.

Marching To The Beat Of A Different Drummer: The Case Of The Virginia Military Institute, Brian Scott Yablonski

University of Miami Law Review

No abstract provided.

Judicial Activism And The Administration Of Civil Rights Policy, Kenyon D. Bunch, Grant B. Mindle

Brigham Young University Education and Law Journal

No abstract provided.

Defending The Poor, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

Given the harsh reality that the quality of justice that people get in this country often depends on how much money they have , is our society's aspiration toward "equal justice" attainable? Probably not. A criminal defendant's poverty is not necessarily inconsistent with zealous advocacy. But whether lawyers for the poor adequately protect their clients' rights in criminal cases is the subject of ongoing debate.

Luddington V. Indiana Bell Telephone: The 1991 Civil Rights Act Is No Help In Pending Cases, William Wright Banks Jr.

Mercer Law Review

In Luddington v. Indiana Bell Telephone, the Seventh Circuit held that the Civil Rights Act of 1991 ("the Act") does not apply to suits pending on the effective date of the Act. In so holding, the court faced conflicts between Supreme Court precedent on the issue of when statutes become effective.

The Supreme Court cases deciding whether statutes are to be applied retroactively have been said to be "'in irreconcilable contradiction.' " In Bradley v. School Board of City of Richmond, the Supreme Court stated that statutes are presumed to apply to cases pending when the statute becomes …

"Was Blind, But Now I See": White Race Consciousness And The Requirement Of Discriminatory Intent, Barbara J. Flagg

Michigan Law Review

Part I briefly reviews the case law that has established and elaborated the requirement of discriminatory intent. I discuss the theoretical background against which Washington v. Davis was decided, a debate over the possibility and propriety of judicial review of legislative motive. I suggest that the significant institutional difficulties associated with the triumphant discriminatory intent rule, together with the many substantive criticisms leveled against it, might lead one to expect to see relative doctrinal instability here. On the contrary, the requirement of discriminatory intent has been one of the most stable doctrines in modem constitutional law. I conclude with the …

The Inward Turn In Outsider Jurisprudence, Richard Delgado

William & Mary Law Review

No abstract provided.

Religiously Motivated "Outrageous" Conduct: Intentional Infliction Of Emotional Distress As A Weapon Against "Other People's Faiths", Paul T. Hayden

William & Mary Law Review

No abstract provided.

The Charge-Filing Requirement Of The Age Discrimination In Employment Act: Accrual And Equitable Modification, Jim Beall

Michigan Law Review

This Note argues that ADEA causes of action should accrue when the plaintiff discovers, or reasonably should have discovered, that she has been injured by an adverse employment action such as discharge, demotion, denial of a position or promotion, or receipt of pay lower than employees doing the same job. Courts should equitably modify the filing period for the time in which the plaintiff reasonably failed to file a charge even though she already knew of the adverse employment action. Such a situation arises largely in two contexts: (1) when an employer engages in active misconduct that keeps the plaintiff …

Liberty Vs. Equality: In Defense Of Privileged White Males, Nancy E. Dowd

William & Mary Law Review

No abstract provided.

The Age Discrimination In Employment Act, Title Vii, And The Civil Rights Act Of 1991: Three Acts And A Dog That Didn’T Bark, Howard C. Eglit

All Faculty Scholarship

No abstract provided.

Bifurcation Of Civil Rights Defendants: Undermining Monell In Police Brutality Cases, Douglas L. Colbert

Faculty Scholarship

No abstract provided.

Batson V. Kentucky: Present Extensions And Future Applications, Thomas A. Hett Hon.

Loyola University Chicago Law Journal

No abstract provided.

The Civil Rights Act Of 1991: A “Quota Bill,” A Codification Of Griggs, A Partial Return To Wards Cove, Or All Of The Above?, Kingsley R. Browne

Law Faculty Research Publications

No abstract provided.

Pimping And Pornography As Sexual Harassment: Amicus Brief In Support Of Plaintiff-Respondent In Thoreson V. Penthouse Int'l Ltd., Dorchen A. Leidholdt

Michigan Journal of Gender & Law

Several issues were raised on appeal to the New York Court of Appeals. Thoreson AKA DiLorenzo was the Respondent on the issue of sexual harassment and the Appellant on the issue of the amount of damages awarded by the Supreme Court. This portion of the brief addresses only the issue of sexual harassment. Wendy C. Lecker (J.D. 1988, New York University School of Law), authored a section on the issue of compensatory damages.

A Comment On The Canadian Bar Association's Gender Equality Task Force Report, Dianne Pothier

Dianne Pothier Collection

The Task Force Report is a comprehensive one that deserves to be read by all members of the profession. It documents widespread problems and suggests wide ranging solutions. Reading a review is not an adequate substitute. A review can only touch on highlights, whereas it is in the detail of the Report that its real impact lies. This review will briefly comment on each of the themes announced in the title of the Report: equality, diversity, and accountability. Although in my assessment the report is in some respects too timid, that should not take away from the fact the Report …

Do African-Americans Need Immersion Schools? The Paradoxes Created By Legal Conceptualization Of Race And Public Education, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.

After The Desegregation Era: The Legal Dilemma Posed By Race And Education, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.

The Future Of Fair Housing Litigation, 26 J. Marshall L. Rev. 745 (1993), Robert G. Schwemm

UIC Law Review

No abstract provided.

Prostitution And Civil Rights, Catharine A. Mackinnon

Michigan Journal of Gender & Law

The gap between the promise of civil rights and the real lives of prostitutes is an abyss which swallows up prostituted women.' To speak of prostitution and civil rights in one breath moves the two into one world, at once exposing and narrowing the distance between them.

An Imperfect Remedy For Imperfect Violence: The Construction Of Civil Rights In The Violence Against Women Act, David Frazee

Michigan Journal of Gender & Law

Along with the Civil Rights Act of 1964 and the Americans with Disabilities Act, the Violence Against Women Act (VAWA) could be the most significant addition to federal civil rights laws in the last century. While potentially revolutionary, the VAWA's civil rights remedy forges two problematic legal concepts-traditional civil rights jurisprudence and "perfect" violence-into a super-remedy that risks combining the worst aspects of each. Those who utilize and interpret the Act can avoid this outcome by situating individual violent acts in the broader social and historical context of gender-motivated violence.

Reflections On An Era, Benjamin L. Hooks

West Virginia Law Review

No abstract provided.

Filling An Enforcement Void: Using Testers To Uncover And Remedy Discrimination In Hiring For Lower-Skilled, Entry-Level Jobs, Michael J. Yelnosky

University of Michigan Journal of Law Reform

Part I of this Article concludes that the current enforcement scheme under Title VII has resulted in underenforcement of the Act in the context of hiring for lower-skilled, entry-level jobs and that testers should be used to fill that enforcement void. Part II agrees with the EEOC's conclusion that testers have standing to sue under Title VII.

Parts III and IV assert that the EEOC cannot rely on private testers to fill the enforcement void. First, under current doctrine, prevailing testers can obtain only "de minimis" or "technical" relief from an offending employer and therefore cannot recover attorneys' fees. Moreover, …

In A Conflict Between Equal Rights For Women And Customary Law, The Botswana Court Of Appeal Chooses Equality, 24 U. Tol. L. Rev. 563 (1993), Michael P. Seng

UIC Law Open Access Faculty Scholarship

No abstract provided.

Internal Dispute Resolution: The Transformation Of Civil Rights In The Workplace, John M. Lande, Lauren B. Edelman, Howard S. Erlanger

Faculty Publications

Many employers create internal procedures for the resolution of discrimination complaints. We examine internal complaint handlers' conceptions of civil rights law and the implications of those conceptions for their approach to dispute resolution. Drawing on interview data, we find that complaint handlers tend to subsume legal rights under managerial interests. They construct civil rights law as a diffuse standard of fairness, consistent with general norms of good management. Although they seek to resolve complaints to restore smooth employment relations, they tend to recast discrimination claims as typical managerial problems. While the assimilation of law into the management realm may extend …

Credulous Courts And The Tortured Trilogy: The Improper Use Of Summary Judgment In Title Vii And Adea Cases, Ann C. Mcginley

Scholarly Works

Civil rights are under siege. In mid-1989, the United States Supreme Court decided several cases that severely limit the civil rights claims and remedies available to a plaintiff claiming employment discrimination. This Article examines the gradual and continuing erosion of the factfinder's role in federal employment discrimination cases and its replacement by an increasing use of summary judgment through which the courts make pretrial determinations formerly reserved for the factfinder at trial. This trend not only represents a major shift in court procedure and, in the case of age discrimination claims, a transfer of power from juries to judges, but …

Reinventing Reality: The Impermissible Intrusion Of After-Acquired Evidence In Title Vii Litigation, Ann C. Mcginley

Scholarly Works

This Article analyzes the use of after-acquired evidence to defeat a discrimination victim's claim against her employer. The use of the Mount Healthy and Price Waterhouse mixed motives analysis in after-acquired evidence cases is misplaced because it is impossible for the permissible motive—resume fraud—to have been a factor in the adverse employment decision. Furthermore, after the enactment of the Civil Rights Act of 1991, it would be an improper judicial intrusion upon the power of the legislature for courts to apply mixed motives analysis to these cases. Besides the constitutional limitation on the judiciary's power created by the Civil Rights …

Statutory Misinterpretations: A Legal Autopsy, Eric Schnapper

Articles

If the Supreme Court is willing to learn from past mistakes, the Court would find it particularly instructive to re-examine the now quite numerous civil rights decisions which have failed to survive congressional scrutiny. The United States Reports are today littered with the corpses of short-lived opinions purporting to interpret federal anti-discrimination statutes; most were dead on arrival in the bound volumes. October Term 1988 was a veritable Pickett's Charge of conservative misinterpretation. Patterson v. McLean Credit Union briefly displaced and destroyed much of section 1981; Public Employees Retirement System v. Betts temporarily overran parts of the Age Discrimination in …