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Articles 12541 - 12570 of 14932
Full-Text Articles in Law
Elements Of Liberal Equality: Introduction To Kirp, Hochschild, And Strauss, Lawrence C. Becker
Elements Of Liberal Equality: Introduction To Kirp, Hochschild, And Strauss, Lawrence C. Becker
William & Mary Law Review
No abstract provided.
The Survival Of Racism Under The Constitution, Juan Williams
The Survival Of Racism Under The Constitution, Juan Williams
William & Mary Law Review
No abstract provided.
Retroactive Application Of The Civil Rights Act Of 1991, Kristine N. Mcalister
Retroactive Application Of The Civil Rights Act Of 1991, Kristine N. Mcalister
Vanderbilt Law Review
On November 21, 1991, President Bush signed the Civil Rights Act of 1991 (the "Act") into law. The Act contained a general section stating that its provisions should take effect upon enactment. What the Act did not do, however, is indicate whether it should apply to cases pending at the time of its enactment. Since the Act is more favorable to plaintiffs than was its predecessor, plaintiffs whose cases were pending at the time of its enactment have attempted to amend their complaints to benefit from the new Act's provisions. Congress's failure to indicate whether the Act should apply to …
Where's The Politics?: Introduction To Williams, Eastland, Days, And Rabkin, Neal Devins
Where's The Politics?: Introduction To Williams, Eastland, Days, And Rabkin, Neal Devins
William & Mary Law Review
No abstract provided.
Adea Front Pay Awards: Who Should Determine The Amount?, B. Todd Bailey
Adea Front Pay Awards: Who Should Determine The Amount?, B. Todd Bailey
BYU Law Review
No abstract provided.
Severino V. North Fort Myers Fire Control District: Aids Discrimination In The Workplace-Will Disclosure Leave Hiv-Infected Workers Jobless?, Yvette Ostolaza
Severino V. North Fort Myers Fire Control District: Aids Discrimination In The Workplace-Will Disclosure Leave Hiv-Infected Workers Jobless?, Yvette Ostolaza
University of Miami Law Review
No abstract provided.
A Curious Document Recently Discovered In The Archives, Peter Tillers
A Curious Document Recently Discovered In The Archives, Peter Tillers
Cardozo Law Review
The document reproduced below, which appears to be a letter written by Peter Pilgrim to "Lash, " was recently discovered in the archives of the library of the Benjamin N. Cardozo School of Law. Peter Pilgrim is the late Doctor of Facts at Cardozo. "Lash" is probably L.H. LaRue, Story Professor of Law at Washli University. Professor LaRue is also known as the Delphic Oracle of Lex, possibly because no one knows for sure what the letters "L.H." represent. The annotations to the text of the putative letter appear to be a mixture of notes by its author and comments …
Employment Discrimination, John F. Dickinson, F. Damon Kitchen
Employment Discrimination, John F. Dickinson, F. Damon Kitchen
Mercer Law Review
Two trends in the area of employment discrimination law continued during the 1991 survey period. First, there was a continuation of an overall decrease in the number of cases decided. Second, there was a continuation of the trend toward an increased number of age discrimination claims. The overall decline in the number of cases will most likely change dramatically as a result of passage of the Civil Rights Act of 1991. Nevertheless, both the United States Court of Appeals for the Eleventh Circuit and the United States Supreme Court handed down a number of important decisions addressing a variety of …
Statistics For Wage Discrimination Cases: Why The Statistical Models Used Cannot Prove Or Disprove Sex Discrimination, James T. Mckeown
Statistics For Wage Discrimination Cases: Why The Statistical Models Used Cannot Prove Or Disprove Sex Discrimination, James T. Mckeown
Indiana Law Journal
No abstract provided.
Eliminating Sex Discrimination In The Legal Profession: The Key To Widespread Social Reform, Suzannah Bex Wilson
Eliminating Sex Discrimination In The Legal Profession: The Key To Widespread Social Reform, Suzannah Bex Wilson
Indiana Law Journal
No abstract provided.
A Road Less Traveled To A Federal Era, John Paul Jones
A Road Less Traveled To A Federal Era, John Paul Jones
Law Faculty Publications
Professor Jones examines efforts to ratify the federal Equal Rights Amendment which ended unsuccessfully in 1982. He argues that efforts to use the federal courts to fill in the gaps in protection of rights based on gender are likely to fall far short of what the Amendment would have provided, and that a renewed attempt at ratification would likely meet the same fate as the earlier one. He suggests a third alternative, U.S. ratification of the Convention on the Elimination of All Forms of Discrimination against Women, as the most feasible means of achieving the goals of the ERA without …
Equality And Access To Justice In The Work Of Bertha Wilson, Hester Lessard
Equality And Access To Justice In The Work Of Bertha Wilson, Hester Lessard
Dalhousie Law Journal
Increasingly, Canadians have sought to understand themselves as a community through the language of equality rights. There are several practical and theoretical consequences to this choice of language. One of the practical consequences is that a formal commitment to equality raises public consciousness with regard to material and social disparities and to some extent gives those who are excluded or marginalized at least a rhetorical claim to participation and a share in resources. However, another consequence is that while promoting a rhetoric of respect and individual dignity, equality discourse also places a disproportionate amount of power in the hands of …
Police Implementation Of Supreme Court Of Canada Charter Decisions: An Empirical Study, Kathryn Moore
Police Implementation Of Supreme Court Of Canada Charter Decisions: An Empirical Study, Kathryn Moore
Osgoode Hall Law Journal
Little empirical research has been done on the Charter's impact on the public policy process. This paper presents the results of an empirical research study designed to fill that gap. The study examined the manner in which a municipal police force and the RCMP implemented changes to procedures following two Supreme Court of Canada Charter decisions. The paper concludes that, while steps have been taken to develop a process by which Supreme Court decisions are implemented, the process would be improved if one body were allocated responsibility for the provision of interim information to the police.
Tester Standing Under Title Vii, Shannon E. Brown
Tester Standing Under Title Vii, Shannon E. Brown
Washington and Lee Law Review
No abstract provided.
Polarized Voting And The Political Process: The Transformation Of Voting Rights Jurisprudence, Samuel Issacharoff
Polarized Voting And The Political Process: The Transformation Of Voting Rights Jurisprudence, Samuel Issacharoff
Michigan Law Review
This article attempts to provide an analytic framework for the evolved voting rights law as it confronts the persistent effects of racial factionalism in the electoral arena. Insight into the corrosiveness of racially polarized voting and its frustration of minority electoral opportunity has organized and guided the new voting rights jurisprudence. This article will argue that the combination of process distortions from majority domination of electoral outcomes and substantive deprivation from minority exclusion defines this area of law and protects it against challenge from currently fashionable academic currents. The central insights gathered from the focus on polarized voting, I will …
Retroactive Application Of The Civil Rights Act Of 1991 To Pending Cases, Michele A. Estrin
Retroactive Application Of The Civil Rights Act Of 1991 To Pending Cases, Michele A. Estrin
Michigan Law Review
This Note addresses the applicability of the Civil Rights Act of 1991 to cases pending on the Act's date of enactment. Part I discusses current Supreme Court doctrine on the issue. This Part finds that the Court has endorsed two conflicting views on retroactively applying statutes to pending cases and that the lower federal courts consequently lack a principled framework for dealing with retroactivity issues in the 1991 Act. Part II describes the battle over the Civil Rights Acts of 1990 and 1991 and the subsequent confusion over the enacted statute's reach. This Part finds that Congress provided conflicting textual …
Banishing The Thirteenth Juror: An Approach To The Identification Of Prosecutorial Racism, Elizabeth Beske
Banishing The Thirteenth Juror: An Approach To The Identification Of Prosecutorial Racism, Elizabeth Beske
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Justice For Rodney King, Scott C. Burrell, Alan R. Dial, Thomas W. Mitchell
Justice For Rodney King, Scott C. Burrell, Alan R. Dial, Thomas W. Mitchell
Faculty Scholarship
May 1992 letter from three Howard University School of Law students to President George H.W. Bush advocating that the United States Department of Justice invoke the Petite Policy to initiate a criminal action against the Los Angeles Police Department police officers responsible for brutally beating Rodney King despite the fact that these offers had been acquitted in a California state court. The letter, which was read in front of the White House by Thomas Mitchell to hundreds of people who had gathered to urge the federal government to take action, sets forth a clear legal basis to permit the Justice …
Rights In The Modern Era: Applying The Bill Of Rights To The States, Stephen J. Wermiel
Rights In The Modern Era: Applying The Bill Of Rights To The States, Stephen J. Wermiel
William & Mary Bill of Rights Journal
No abstract provided.
The Adoption Of The Bill Of Rights, Maeva Marcus
The Adoption Of The Bill Of Rights, Maeva Marcus
William & Mary Bill of Rights Journal
No abstract provided.
Miles To Go: Some Personal Reflections On The Social Construction Of Disability, Dianne Pothier
Miles To Go: Some Personal Reflections On The Social Construction Of Disability, Dianne Pothier
Dalhousie Law Journal
The "social construction" of disability refers to the way an able bodied conception of disability magnifies its consequences. The social construction of disability assesses and deals with disability from an able bodied perspective. It includes erroneous assumptions about capacity to perform that come from an able bodied frame of reference. It encompasses the failure to make possible or accept different ways of doing things. It reflects a preoccupation with "normalcy" that excludes the disabled person.
The Hidden Gender Of Law, Christine Boyle
The Hidden Gender Of Law, Christine Boyle
Dalhousie Law Journal
Two legal academics who set out to produce a book of materials with such a title could weave many components into it. They could explore feminist methodology, and show how much feminist legal scholarship has in common with feminist scholarship generally. They could illustrate the influence of feminist academic work on actual legal decisions and legislation. They could discuss feminist scholarship and legal education, including the dramatic developments over the last twenty years. Questions about fundamental values - equality, liberty, security, fairness - could be addressed. Materials could be included from the field of law often called Women and the …
Rhetorical Slavery, Rhetorical Citizenship, Gerald L. Neuman
Rhetorical Slavery, Rhetorical Citizenship, Gerald L. Neuman
Michigan Law Review
A Review of American Citizenship: The Quest for Inclusion by Judith N. Shklar
Illiberal Education: The Politics Of Race And Sex On Campus, Bruce Goldner
Illiberal Education: The Politics Of Race And Sex On Campus, Bruce Goldner
Michigan Law Review
A Review of Illiberal Education: The Politics of Race and Sex on Campus by Dinesh D'Souza
Whose World And How?, Milner S. Ball
Whose World And How?, Milner S. Ball
Michigan Law Review
A Review of Rethinking the American Race Problem by Roy L. Brooks
Affirmative Action At Work: Law Politics, And Ethics, Michael K. Ross
Affirmative Action At Work: Law Politics, And Ethics, Michael K. Ross
Michigan Law Review
A Review of Affirmative Action at Work: Law Politics, and Ethics by Bron Raymond Taylor
Are You Now Or Have You Ever Been A Member Of The Aclu, David Cole
Are You Now Or Have You Ever Been A Member Of The Aclu, David Cole
Michigan Law Review
A Review of In Defense of American Liberties: A History of the ACLU by Samuel Walker
Chutzpah, David A. Nacht
Chutzpah, David A. Nacht
Michigan Law Review
A Review of Chutzpah by Alan M. Dershowitz
Employment Equality, Affirmative Action, And The Constitutional Political Consensus, Robert A. Sedler
Employment Equality, Affirmative Action, And The Constitutional Political Consensus, Robert A. Sedler
Michigan Law Review
A Review of Equality Transformed: A Quarter-Century of Affirmative Action by Herman Belz and A Conflict of Rights: The Supreme Court and Affirmative Action by Melvin I. Urofsky
The Quest For Justice, James S. Fishkin
The Quest For Justice, James S. Fishkin
Michigan Law Review
A Review of Affirmative Action and Justice: A Philosophical and Constitutional Inquiry by Michel Rosenfeld