Law Commons^™

Ellison V. Brady: A Legal Compromise With Reality In Cases Of Sexual Harassment, Patricia J. Almony

Villanova Law Review (1956 - )

No abstract provided.

The Need For Affordable Housing: The Constitutional Viability Of Inclusionary Zoning, 26 J. Marshall L. Rev. 75 (1992), Serena M. Williams

UIC Law Review

No abstract provided.

Executive Veto, Congressional Compromise, And Judicial Confusion: The 1991 Civil Rights Act - Does It Apply Retroactively?, Linda Urbanik

Loyola University Chicago Law Journal

No abstract provided.

Civil Actions For Emotional Distress And R.A.V. V. City Of St. Paul, Michael K. Steenson

Faculty Scholarship

The law of emotional distress is characterized by judicial reluctance to create and expand remedies for emotional injuries. The issue here is whether the Court's decision in R.A.V. v. City of St. Paul will impose further limitations on the right to recover civil damages for the intentional infliction of emotional injury, particular emotional injuries resulting from hate speech. This symposium first examines the applicability of the tort to redress claims based on abusive epithets based on the victim's race, gender, or sexual orientation. The symposium then argues that using this tort in cases involving hate speech should not create constitutional …

Legislative Purpose And Equal Protection's Rationality Review, Robert C. Farrell

Villanova Law Review (1956 - )

No abstract provided.

Sanctions, Symmetry, And Safe Harbors: Limiting Misapplication Of Rule 11 By Harmonizing It With Pre-Verdict Dismissal Devices, Jeffrey W. Stempel

Scholarly Works

With only a small risk of overstatement, one could say that sanctions in civil litigation exploded during the 1980s, with the 1983 amendment to Federal Rule of Civil Procedure 11 acting as the principal catalyst. From 1938 until the 1983 amendment, only two dozen or so cases on Rule 11 were reported, with courts rarely imposing sanctions. Although a few cases were notable by virtue of sanction size, prestige of the firm sanctioned, or publicity attending the underlying case, the legal profession largely regarded Rule 11 as a dead letter. In addition, other sanctions provisions, such as Federal Rule of …

Life And Death In Washington State After Cruzan V. Director, Missouri Department Of Health, Nancy Watkins Anderson

Seattle University Law Review

This Comment argues that the Washington legislature should amend Washington law to allow the removal of life-support measures, including artificial nutrition and hydration, from an incompetent patient in a persistent vegetative state. The Comment further argues that rather than following the ambiguous Informed Consent Law, the legislature should adopt the procedure outlined in the first, unmodified Grant decision. Part II of this Comment examines the Cruzan decision by the United States Supreme Court, including the facts of the case, holding of the court, aftermath of the decision, and long-term effects of the case. Part II also includes an extensive analysis …

Extinguishing The Burning Crosses: Washington's Malicious Harassment Statute In Light Of The Issues Of Overbreadth And Vagueness, Edward Comitz

Seattle University Law Review

This Comment briefly discusses how Washington’s malicious harassment statute should be interpreted in light of the recent United States Supreme Court case R.A.V. v. City of St. Paul. Because the issues of overbreadth and vagueness are of imminent importance, to Washington’s statute, the majority of this Comment focuses on an analysis of those issues Both issues are discussed in terms of the specific crime of cross burning with the intent to intimidate or harass as proscribed by Section (1) of Washington’s malicious harassment statute. Finally, because the real harms minority victims of hate crimes experience, this Comment argues that Washington’s …

Naacp V. Town Of Harrison: Applying Title Vii Disparate Impact Analysis To Municipal Residency Requirements, James C. King

Villanova Law Review (1956 - )

No abstract provided.

Moving Toward Equal Treatment Of Homosexuals, John Cary Sims

McGeorge School of Law Scholarly Articles

No abstract provided.

Book Review, Katharine T. Bartlett

Faculty Scholarship

Reviewing Patricia J. Williams, The Alchemy of Race and Rights (1991).

Supreme Court Philosophy On Labor And Employment Issues, Theodore J. St. Antoine

Other Publications

It would not take a confirmed cynic to suggest that the title of this paper amounts to an oxymoron. That soft-hearted but tough-minded commentator, Florian Bartosic, and his collaborator, Gary Minda, came close to putting it in so many words: " [T]he Supreme Court lacks a consistent and coherent theory of labor law" (1982). My own view is somewhat different. First, lack of a consistent judicial philosophy is not all bad; at least it is better than a consistently wrong philosophy. Second, the vacillating theories of the Supreme Court tend to reflect the divergent attitudes of American society toward labor …

Civil Rights Conundrum, Carl W. Tobias

Law Faculty Publications

As a case study of the impediments imposed by the revised F.R.C.P. Rule 11 in civil rights litigation, Professor Tobias relates the story of the Robeson County, N.C. prosecution of Eddie Hatcher and Timothy Jacobs, their subsequent civil rights action, and the ensuing Rule 11 sanctions imposed upon their counsel, as reported in In re Kunstler, 914 F.2d 505 (4th Cir. 1990).

Civil Rights Procedural Problems, Carl W. Tobias

Law Faculty Publications

Congress passed the Civil Rights Act of 1991 primarily to modify numerous Supreme Court opinions of the 1988 Term that jeopardized the rights of minorities and women. Particularly striking about those Supreme Court cases was the number which involved procedural questions and process values. These included the timing of litigation, both when employment discrimination victims must commence actions and when non-parties can reopen civil rights cases resolved through consent decrees; litigant responsibility for the expense of lawsuits; and proof requirements.

Most of the procedural developments in civil rights and employment discrimination litigation of the 1988 Term, however, were only recent …

Race, Gender, And Sexual Harassment, Kimberlé W. Crenshaw

Faculty Scholarship

I would like to thank Anita Hill and express my deep respect to her for having the courage to shatter the silence on sexual harassment. I am certain that I speak for millions of women in saying that I have been inspired and renewed by her strength and integrity.

I have looked forward to addressing you tonight on a critical issue at this very important juncture in our political history. Sexual harassment has captured our attention over the last several weeks and has of course galvanized women in a way that scarcely could have been imagined only a few short …

Rouge Et Noir Reread: A Popular Constitutional History Of The Angelo Herndon Case, Kendall Thomas

Faculty Scholarship

In 1932, Eugene Angelo Braxton Hemdon, a young Afro-American member of the Communist Party, U.S.A., was arrested in Atlanta and charged with an attempt to incite insurrection against that state's lawful authority. Some five years later, in Herndon v. Lowry, Herndon filed a writ of habeas corpus asking the U.S. Supreme Court to consider the constitutionality of the Georgia statute under which he had been convicted. Two weeks before his twenty-fourth birthday, the Court, voting 5-4, declared the use of the Georgia political-crimes statute against him unconstitutional on the grounds that it deprived Herndon of his rights to freedom …

Another Step Towards Ending Discrimination In The Jury Selection Process - Powers V. Ohio, L. Phillip Hornthal Iii

Campbell Law Review

This Note has four objectives. First, this Note will review the constitutional history behind Powers, involving racially motivated discrimination in the jury selection process. Second, this Note will analyze and discuss the Powers decision. Third, this Note will attempt to ascertain the impact of the decision. Finally, this Note will suggest that while Powers marks progress in the right direction, there are other important questions that need to be resolved before the jury selection process will be totally free from discrimination.

The New Aids Look Back Statute: Contact Tracing In The Health Care Setting - A Step In The Wrong Direction, 25 J. Marshall L. Rev. 769 (1992), Margery M. Tamburro

UIC Law Review

No abstract provided.

The Gender Gap: Separating The Sexes In Public Education, Sharon K. Mollman

Indiana Law Journal

No abstract provided.

Sex Discrimination (Update 1), Christina B. Whitman

Book Chapters

During the 1980s and early 1990s intense disagreement has arisen over the appropriate strategy for eliminating sex discrimination. Some courts and commentators argue for gender-neutral rules that define categories in purely functional terms. Others, who point out that gender-neutral rules promise equality only for women who can meet a ‘‘male standard,’’ think that legal distinctions between the sexes are not only appropriate but necessary, at least in cases involving perceived biological differences. Still others refuse to think in terms of sameness and difference. They analyze each issue by asking whether the disputed rule furthers the domination of men and the …

Judicial And Administrative Interpretations Of The Bona Fide Occupational Qualification As Applied To The Age Discrimination In Employment Act, Tracy Karen Finkelstein

Cleveland State Law Review

This note will examine administrative and judicial standards used to prevent age discrimination in employment decisions. The first section will analyze the ADEA, enacted in response to the growing concern about age discrimination. The second section will discuss the Bona Fide Occupational Qualification exception to the ADEA's prohibition against age discrimination. Finally, the concerns particular to the airline industry regarding its age-related policies will be presented together with the responses of the FAA, the Equal Employment Opportunity Commission, and the judiciary in an attempt to clarify and resolve the difficulties inherent in situations where safety is a major concern.

Employment Discrimination—Title Vii Prohibits Fetal Protection Policy That Excludes All Fertile Women From Positions Involving Lead Exposure. International Union, United Auto Workers V. Johnson Controls, Inc., 111 S. Ct. 1196 (1991)., Edie Renee Ervin

University of Arkansas at Little Rock Law Review

No abstract provided.

Uaw V. Johnson Controls: The Supreme Court Fails To Get The Lead Out, Overlooks Fetal Harm Resulting From Workplace Exposure, John M. Tkacik Jr.

Cleveland State Law Review

UAW v. Johnson Controls, Inc., recently decided by the United States Supreme Court, has resulted in what one commentator described as "[t]he strongest and most important sex-discrimination victory in nearly 30 years." As a result of the decision, employers can no longer bar women from hazardous jobs through fetal-protection policies, except under the most extreme and narrow circumstances. This legal victory for women in the workplace, however, has seriously impacted the debate over the protection of fetal health and safety. The Supreme Court, in a seemingly encore presentation of Roe, again overlooked the harm facing the unborn child in Johnson …

Protecting Individuals From Sex Discrimination: Compensatory Relief Under Title Ix Of The Education Amendments Of 1972, Pamela W. Kernie

Washington Law Review

Title IX of the Education Amendments of 1972 prohibits sex discrimination by educational institutions that receive federal financial assistance. While federal courts agree that the purpose of Title IX is to protect individuals from sex discrimination, they are divided on the issue of whether compensatory damages are an available remedy to Title IX plaintiffs. This Comment discusses the limitations inherent in the enforcement of Title IX in the absence of a damages remedy and urges the Supreme Court to hold that damages are an available remedy.

The Poverty Of Privacy?, Linda C. Mcclain

Faculty Scholarship

This Article has two aims. First, it defends a continuing role for the right of privacy in arguments -for women's reproductive freedom against charges that privacy is an impoverished concept. Second, it raises cautions about certain feminist critiques of privacy that would ground this freedom in notions of reproductive responsibilities. As this Article was first presented at a conference, "Reproductive Issues in a Post-Roe' World," held in the wake of Webster v. Reproductive Health Services,2 the first question is: Are we now, given the Supreme Court's recent decision in Planned Parenthood v. Casey,' in a "post-Roe world"? Furthermore, what remains …

The Question Of Family: Lesbians And Gay Men Reflecting A Redefined Society, Libby Post

Fordham Urban Law Journal

The cutting edge issue in the gay community is now the fight for domestic partnership rights. The absence of domestic partnership rights have resulted in the unequal treatment of an entire class of citizens, with gays and lesbians routinely denied jobs, housing, economic benefits such as health care, insurance, public accommodations, and may even result in these individuals being fired or facing eviction solely because of their sexual orientation. The author argues that to rectify these injustices, we must redefine the definition of family to be more in line with that used in New York's Braschi v. Stahl Assocs. Co., …

Of Boroughs, Boundaries And Bullwinkles: The Limitations Of Single-Member Districts In A Multiracial Context, Judith Reed

Fordham Urban Law Journal

This essay examines the 1991 New York Ciity Council districting, with particular focus on the problems inherent in districting a multiracial city and the limitations of single member districts as a method of minority empowerment. The essay examines specific New York City Council districts that contain more than one minority group and concludes that electing council members from at-large, borough-wide districts by cumulative voting is a more effective districting strategy to structure majoritarian collective decision-making bodies that ensure meaningful minority interest representation and participation. .

Judicial Matters, Neal Devins

Faculty Publications

No abstract provided.

Words That Deny, Devalue, And Punish: Judicial Responses To Fetus-Envy?, Sherry F. Colb

Cornell Law Faculty Publications

Abstract needed.

Bray V. Alexandria Women's Health Clinic: The Supreme Court's Next Opportunity To Unsettle Civil Rights Law, Randolph M. Mclaughlin

Elisabeth Haub School of Law Faculty Publications

The legislative history of the Ku Klux Klan Act of 1871 is scrutinized to determine the factual predicate that led to the enactment of 42 U.S.C. § 1985(3) and the classes Congress sought to protect under its provisions. The legislative history is also analyzed to determine which rights Congress sought to protect in § 1985(3). Part III discusses the Supreme Court's misinterpretation of the statute and attempts to provide guidance as to the proper outcome in Bray.