Law Commons^™

The Effects Of Intent: Do We Know How Legal Standards Work?, Theodore Eisenberg, Sheri Lynn Johnson

Cornell Law Faculty Publications

No one knows how the intent standard works in racial discrimination cases, though many have speculated. To test the speculation, this study examines how the intent standard actually operates. Its findings cast doubt on whether we really know how any legal standard functions.

The Second Circuit's Employment Discrimination Cases: An Uncertain Welcome (St. John's Law Review, Vol. 65, Issue 3 (Summer 1991), Pp. 839-874), Lewis M. Steel '63, Miriam F. Clark

Articles and Writings

No abstract provided.

Employment Discrimination, Peter Reed Corbin, John E. Duvall

Mercer Law Review

In what no doubt will prove to be the calm before the storm, the number of cases decided in the area of employment discrimination during the 1990 survey period decreased significantly, both in the United States Supreme Court and in the United States Court of Appeals for the Eleventh Circuit. The decline in the number of Supreme Court pronouncements is not surprising, since the succession of landmark cases decided in the previous two years was truly remarkable, and such a pace realistically could not have continued. It also appears as if the Eleventh Circuit held back, waiting to see whether …

Confessions, Criminals, And Community, Sheri Lynn Johnson

Cornell Law Faculty Publications

No abstract provided.

Racism And The Constitution: The Constitutional Fate Of British Columbia Anti-Asian Immigration Legislation, 1884-1909, Bruce Ryder

Osgoode Hall Law Journal

The author explores the values and forces that influenced judicial and federal cabinet decisions regarding the constitutional validity of over one hundred BC statutes discriminating against persons of the Japanese or Chinese race passed between 1872 and 1922. He argues that the interpretation of the constitutional division of powers was shaped by a racist ideology that viewed Asian immigrants as different from, and inferior to, European immigrants in all respects but one: their capacity for work. In this, the first part of his study, he focuses on the nature of the federal disallowance power and the reasons why it was …

Gender Discrimination In The Common Law Of Domicile And The Application Of The Canadian Charter Of Rights And Freedoms, Annalise Acorn

Osgoode Hall Law Journal

A married woman must take her husband's domicile at common law. This rule exists in five of Canada's provinces. It is argued that the rule violates the right to equality. It is further argued that, notwithstanding the Supreme Court's decision in Dolphin Delivery, the Charter must apply to common law rules governing the relationship between husband and wife. Such rules impose a status on the parties. Therefore, a commitment to respect for the autonomous choice of individuals does not support the conclusion that the rules should be beyond constitutional review.

Law School Faculty Hiring Under Title Vii: How A Judge Might Decide A Disparate Impact Case, Norman Redlich

Journal of Legal Education

No abstract provided.

Certification And Civil Rights, Carl W. Tobias

Law Faculty Publications

In this 1991 article, Carl Tobias responds to Professor Arthur Miller's suggestion that Federal Rule of Civil Procedure 11 should not be prematurely revised.

"Professor Miller's admonitions may convince some observers, especially those authorized to propose revisions in, or to amend, the Rule that there is little wrong with Rule 11's application and that the federal judiciary simply needs a few more years to refine the implementation of this new concept. Numerous problems, however, remain substantial and some may be intrinsic or even irremediable, while certain litigants, especially civil rights plaintiffs, cannot afford to wait. I trust that Professor Miller's …

The New York Law School Reporter, Vol 8, No. 2, May 1991, New York Law School

Student Newspapers

No abstract provided.

The Monroe Mystery Solved: Beyond The "Unhappy History" Theory Of Civil Rights Litigation, Louise Weinberg

BYU Law Review

No abstract provided.

The Civil Rights Hydra, Neal Devins

Michigan Law Review

A Review of The Civil Rights Era by Hugh Davis Graham

The Civil Rights Hydra, Neal Devins

Faculty Publications

No abstract provided.

Correspondence: Letter, April 18, 1991, To Dr. Saffy, Tommy Hazouri

Saffy Collection - All Textual Materials

A letter from Mayor Hazouri thanking Dr. Saffy for all the time and energy she put into his re-election campaign. Handwritten note: Edna - You've been great! My thanks for all your help!

Correspondence: Letter, April 18, 1991, To Dr. Saffy (Version 2), Tommy Hazouri

Saffy Collection - All Textual Materials

A letter from Mayor Hazouri thanking Dr. Saffy for all the time and energy she put into his re-election campaign. Handwritten note: Edna, You've been great!

Our First Televised Genocide, Kenneth Lasson

All Faculty Scholarship

It is absolutely appalling that we have come so casually to observe the carnage, so passively to view the starvation over breakfast papers or dinnertime newscasts, so helplessly to watch these totally bereft human beings trudging barefoot over treacherous terrain toward the middle of nowhere.

There are other questions as well, of course, not as easily answered. Where are all their voices now, those demonstrators who so vociferously opposed war, ostensibly out of an overweening reverence for life? Is the latter-day holocaust being systematically perpetrated in northern Iraq any less horrifying than a direct hit on a camouflaged bomb shelter …

Tracking: The End Of Equal Educational Opportunity, Brenna B. Mahoney

In the Public Interest

No abstract provided.

Gender And Other Disadvantages: A Review Of Justice And Gender, Ruthann Robson

Florida State University Law Review

By Deborah L. Rhode. Cambridge, Massachusetts: Harvard University Press. 1989. Pp. 428. $39.50.

Recruitment And Retention Of The African American Law Student, Cheryl E. Amana

North Carolina Central Law Review

No abstract provided.

A Road Map To Achieve Enhanced Cultural Diversity In Legal Education Employment Decisions, Bruce Comly French

North Carolina Central Law Review

No abstract provided.

Introduction: Civil Rights In The Workplace Of The 1990s, Sandi R. Murphy

Vanderbilt Law Review

Throughout history courts and legislatures alternatively have enlarged and diminished civil rights protections." Today, employment discrimination claims are the most commonly litigated civil rights cases. A succession of cases decided by a new conservative majority of Justices during the 1988 Supreme Court Term has altered radically the delicate balance of civil rights in the workplace. The then prevailing economic, political, and legal environment seemed to be impervious to any advances in employment discrimination protections.

Since that Term, courts and legislatures at the state and federal levels have promulgated a confusing combination of advances and re- treats in employment discrimination law. …

Women's Rights Litigation In The 1980s: More Of The Same?, Tracey E. George, Lee Epstein

Vanderbilt Law School Faculty Publications

In the September 1983 issue of Judicature,Karen O'Connor and Lee Epstein published the results of their examination of the fate of gender-based cases in the U.S. Supreme Court during the 1970s. Overall, they found that the justices were quite receptive to such claims, supporting the women's rights position in about 58 percent of the 63 disputes resolved between the 1969 and 1980 terms.

The Defeat Of The Civil Rights Act Of 1990: Wading Through The Rhetoric In Search Of Compromise, Cynthia L. Alexander

Vanderbilt Law Review

On October 22, 1990 President Bush vetoed the Civil Rights Act of 1990.2 The Senate failed by one vote to override the veto.' The Act embodied the congressional response to a series of 1989 United States Supreme Court cases decided by a new conservative majority of Justices. Finding that these decisions drastically limit civil rights protections, Congress accordingly introduced the Civil Rights Act of 1990 to restore those protections. Congress then spent almost a year refining the controversial bill to make it palatable to the President and the business community. Despite congressional efforts, the President op- posed several aspects of …

Judicial And Adminstrative Enforcement Of Individual Rights Under The National Labor Relations Act And Under The Labor-Management Relations Act Between 1935 And 1990 - An Historical And Empirical Analysis Of Unsettled Intercircuit And Intracircuit Conflicts, Willy E. Rice

Faculty Articles

This Article is concerned with exploring the extent to which both the National Labor Relations Act of 1935 and the Labor-Management Relations Act of 1947 have protected individual employees' rights in administrative and judicial proceedings.

The Jurisprudence Of Wringing Hands: A Brief Response To Professor Soifer, Allan Ides

Washington and Lee Law Review

No abstract provided.

On Being Overly Discrete And Insular: Involuntary Groups And The Angloamerican Judicial Tradition, Aviam Soifer

Washington and Lee Law Review

No abstract provided.

Soifer's Vision And Three Questions About Images, Milner S. Ball

Washington and Lee Law Review

No abstract provided.

Groups In Perspectives, Carol Weisbrod

Washington and Lee Law Review

No abstract provided.

Another Way Of Skinning The Rabbit, Geoffrey Palmer Sir

Washington and Lee Law Review

No abstract provided.

Faith In Secular Religion: A Brief Reply, Aviam Soifer

Washington and Lee Law Review

No abstract provided.

Feminizing Unions: Challenging The Gendered Structure Of Wage Labor, Marion Crain

Michigan Law Review

In this article, I argue that labor unions can be an effective, central tool in a feminist agenda targeting the gendered structure of wage labor. Collective action is the most powerful and expedient route to female empowerment; further, it is the only feasible means of transforming our deeply gendered market and family structure. Others have laid the groundwork by showing how existing individual-model challenges have been unable to accomplish such broad-based reform. I begin where they leave off.