Law Commons^™

Gender And Justice, Mary I. Coombs

University of Miami Law Review

No abstract provided.

The Neutered Mother, Martha Albertson Fineman

University of Miami Law Review

No abstract provided.

Issues For Men In The 1990s, Michael S. Kimmel

University of Miami Law Review

No abstract provided.

Can Two Real Men Eat Quiche Together? Storytelling, Gender-Role Stereotypes, And Legal Protection For Lesbians And Gay Men, Marc A. Fajer

University of Miami Law Review

No abstract provided.

Managing The Military's Homosexual Exclusion Policy: Text And Subtext, Judith Hicks Stiehm

University of Miami Law Review

No abstract provided.

Forced Out Of The Closet: Sexual Orientation And The Legal Dilemma Of "Outing", David H. Pollack

University of Miami Law Review

No abstract provided.

In Praise Of Macho Women: Price Waterhouse V. Hopkins, J. Cindy Eson

University of Miami Law Review

No abstract provided.

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 …

Handicap Legislation, Todd J. Sanders

Mercer Law Review

On July 26, 1990, amid both a great deal of celebration and predictions of disaster, President Bush signed into law the Americans with Disabilities Act of 1990 ("ADA"). Although many commentators have written about the ADA's employment discrimination provisions, they have given relatively little attention to Title III of the ADA. Title III concerns public accommodations and transportation systems such as railroads, buses, and demand responsive forms of transportation. The ADA's purpose is to make public accommodations more accessible to persons whom the ADA defines as disabled. Title III requires more than reserving handicapped parking spaces and building ramps for …

The Breath Of The Unfee'd Lawyer: Statutory Fee Limitations And Ineffective Assistance Of Counsel In Capital Litigation, Albert L. Vreeland Ii

Michigan Law Review

This Note argues that fee limitations deprive indigent defendants of their right to effective assistance of counsel. Part I of this Note reviews state court decisions that address Sixth Amendment challenges to fee limitations, yet fail to address the broader concerns about the appointed counsel system. Part II considers the inherent disincentives and burdens fee limitations impose on attorneys and suggests that the limits threaten the indigent accused's right to effective assistance of counsel. A comparison of the fee limitations and the time required to prepare and try a capital case reveals the gross inadequacy of statutory fee provisions. In …

Racial Discrimination In Business Transactions, Robert E. Suggs

Faculty Scholarship

When the Supreme Court invalidated a municipal minority business set-aside in City of Richmond v. J.A. Croson Co., it failed to recognize the special circumstances confronting the minority entrepreneur. Contrary to the Court’s own erroneous assertion that “[s]tates and their local subdivisions have many legislative weapons at their disposal both to punish and prevent present [business] discrimination ….” – they do not. Nor can they create effective antidiscrimination remedies as a practical matter. As a result that decision leaves minority business owners vulnerable to discrimination from other business firms but without a remedy. Part I identifies the glaring failure …

The Violence Of Contamination And The Violence Of The Pure, Arkady Plotnitsky

Cardozo Law Review

No abstract provided.

Out Of Focus: The Misapplication Of Traditional Equitable Principles In The Nontraditional Arena Of School Desegregation, Joseph H. Bates

Vanderbilt Law Review

Karl Marx wrote that all historical facts occur twice--the first time as tragedy, the second time as farce.' In the desegregation of Little Rock, Arkansas, the genres were reversed. In 1957 the opportunistic Governor Orvall Faubus reduced to farce the Little Rock Board of Education's initial attempt to comply with the United States Supreme Court's decree in Brown v. Board of Education when he ordered the Arkansas National Guard to prohibit nine black students from entering Little Rock High School. In 1983, after more than two decades of continuous court supervision and intermittent litigation, the tragedy began when the Little …

The New York Law School Reporter, Vol. 9, No. 3, November, 1991, New York Law School

Student Newspapers

No abstract provided.

Price Waterhouse, Working Woman

Ann B. Hopkins Papers

No abstract provided.

Remedying Environmental Racism, Rachel D. Godsil

Michigan Law Review

This Note addresses the equity issues that arise in the placement of commercial hazardous waste facilities. Currently, minorities are shouldering an unequal share of the burdens of hazardous waste16 while the benefits of production that results in hazardous waste are dispersed throughout society. Studies demonstrate that poor whites are overburdened as well. While inequitable distribution of wastesites along class lines is troubling and deserving of attention, this Note focuses specifically on the burdens facing racial minorities.

This Note contends that all races should share equitably the burdens and risks of hazardous waste facilities. Part I documents the disproportionate burden of …

Comment On Nesson, Joseph Gastwirth

Cardozo Law Review

No abstract provided.

Looking Back At City Of Richmond V. J.A. Croson Co.: Its Effects On State And Local Set-Aside Programs, Bryan B. Chambers

BYU Law Review

No abstract provided.

The Blue Bus Stop: On Professors' Stories And The Stories Plantiffs Tell, James Brook

Cardozo Law Review

No abstract provided.

Of Supervision, Centerfolds, And Censorship: Sexual Harassment, The First Amendment, And The Contours Of Title Vii, Amy Horton

University of Miami Law Review

No abstract provided.

Operation Rescue: Was The Justice Dept. Right To Intervene In Wichita?, Gary S. Lawson, Celeste Lacy Davis, Eve W. Paul

Faculty Scholarship

Discussion of Operation Rescue attempt to shut down abortion clinic in Wichita, KS in August 1991, and ensuing decision of U.S. District Judge Patrick Kelly, as well as intervention of Justice Department. A debate-style article with "pro" side written by Gary Lawson and "con" side written by C.L. Davis & E.W. Paul.

Senate Approves Civil Rights Bill, 93 To 5, And Gives Up Its Own Exemption, The Washington Post

Ann B. Hopkins Papers

No abstract provided.

Partisan Gerrymandering: A New Concept For Florida's 1992 Reapportionment, Bill L. Bryant, Katherine E. Giddings, Mark E. Kaplan

Florida State University Law Review

No abstract provided.

Florida's Involuntary Aids Testing Statutes, Robert Craig Waters

Florida State University Law Review

No abstract provided.

Justice Brennan's Gender Jurisprudence, Rebecca Korzec

All Faculty Scholarship

During his thirty-four year tenure on the Supreme Court, Justice William Joseph Brennan, Jr. demonstrated unparalleled sensitivity to the protection of individual rights. Justice Brennan's landmark opinions included Baker v. Carr, Goldberg v. Kelly, and New York Times Co. v. Sullivan. before Brennan, Supreme Court jurisprudence exalted judicial passivity by employing techniques for avoiding constitutional issues, such as abstention, comity, exhaustion of remedies and the political question doctrine.

Against this background, Brennan became an active judicial voice in a series of innovative landmark cases, including decisions requiring federal officials to pay damages for violation of citizens' constitutional rights; authorizing federal …

Two (Federal) Wrongs Make A (State) Right: State Class Action Procedures As An Alternative To The Opt-In Class Action Provisions Of The Adea, Janet M. Bowermaster

University of Michigan Journal of Law Reform

This Article argues that the opt-in class action of the ADEA is an anachronism and that age-discrimination litigants can take advantage of the broader protection afforded to Title VII litigants by bringing their ADEA suits as Rule 23 class actions in state courts. A comparison of the two statutes reveals similar purposes and nearly identical substantive provisions, but procedural provisions that provide less protection to victims of age discrimination, including widely disparate class-action provisions.

Correspondence: September 3, 1991, Letter To Dr. Saffy From Governor Bill Clinton, Bill Clinton

Saffy Collection - All Textual Materials

A letter from Bill Clinton regarding making a decision to run for President. The letter is on State of Arkansas, Office of the Governor Letterhead.

Toward An Abolitionist Interpretation Of The Fourteenth Amendment, Robin West

West Virginia Law Review

No abstract provided.

International Union V. Johnson Controls, Inc.: Sex-Specific Fetal Protection Policies Of Employers Are Prohibited By Title Vii As Amended By The Pregnancy Discrimination Act, Amy H. Moorman

West Virginia Law Review

No abstract provided.

Equal Protection And Minimum Social Benefits: An Addendum To Professor West's Abolitionist Theory, Carl M. Selinger

West Virginia Law Review

No abstract provided.