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Articles 12721 - 12750 of 14930
Full-Text Articles in Law
Balance, Band-Aid, Or Tourniquet: The Illusion Oo Qualified Immunity For Federal Officials, H. Allen Black
Balance, Band-Aid, Or Tourniquet: The Illusion Oo Qualified Immunity For Federal Officials, H. Allen Black
William & Mary Law Review
No abstract provided.
Price Waterhouse Ordered To Admit Plaintiff To Partnership, Ken Heinen
Price Waterhouse Ordered To Admit Plaintiff To Partnership, Ken Heinen
Ann B. Hopkins Papers
No abstract provided.
Voting Rights Act Section 2: Racially Polarized Voting And The Minority Community's Representative Of Choice, Evelyn Elayne Shockley
Voting Rights Act Section 2: Racially Polarized Voting And The Minority Community's Representative Of Choice, Evelyn Elayne Shockley
Michigan Law Review
A much needed congressional effort to give substance to African-American suffrage resulted in the enactment of the Voting Rights Act of 1965 (the Act). Although the fifteenth amendment gave African-American men the right to vote in 1870, almost a hundred years later they were still largely unable to exercise the right. This condition did not result from apathy on the part of African-American voters, but rather from their inability to overcome barriers set up by white racists. Practices whites instituted, such as "[l]iteracy and 'understanding' tests, poll taxes, the white primary, intimidation, [and] violence," prevented African-Americans from realizing their constitutional …
Metro Broadcasting, Inc. V Fcc: Affirmative Action At The Crossroads Of Constitutional Liberty And Equality, Michel Rosenfeld
Metro Broadcasting, Inc. V Fcc: Affirmative Action At The Crossroads Of Constitutional Liberty And Equality, Michel Rosenfeld
Articles
The article examines the Supreme Court's inconsistent approach to affirmative action, particularly through the lens of *Metro Broadcasting, Inc. v. FCC*, which upheld the FCC's race-based policies to promote broadcast diversity. While the decision aligns with constitutional values of equality and free speech, the Court's opinions fail to coherently reconcile liberty and equality principles. The article argues for a more integrated framework to address the complexities of affirmative action jurisprudence and its intersection with First Amendment rights.
The Maps Of Sovereignty: A Meditation, Perry Dane
The Maps Of Sovereignty: A Meditation, Perry Dane
Cardozo Law Review
No abstract provided.
The Economics Of Discrimination: The Three Fallacies Of Croson, Martin J. Katz
The Economics Of Discrimination: The Three Fallacies Of Croson, Martin J. Katz
Sturm College of Law: Faculty Scholarship
In Part I, this Note examines the effects of discrimination in the marketplace to suggest a connection between current racial disparities" and past "no-fault" discrimination. Part II demonstrates why race-neutral policies are likely to prove ineffective for reducing these disparities. Finally, Part III argues that competitive, race-conscious affirmative action is unlikely to create a "moral hazard" and that the burden placed on nonminorities by such a program is justifiable.
The Annapolis Poll Books Of 1800 And 1804: African American Voting In The Early Republic, David S. Bogen
The Annapolis Poll Books Of 1800 And 1804: African American Voting In The Early Republic, David S. Bogen
Faculty Scholarship
No abstract provided.
Toilets As A Feminist Issue: A True Story, Taunya Lovell Banks
Toilets As A Feminist Issue: A True Story, Taunya Lovell Banks
Faculty Scholarship
No abstract provided.
Despair And Disparity In Florida's Prisons And Jails, Leslei G. Street
Despair And Disparity In Florida's Prisons And Jails, Leslei G. Street
Florida State University Law Review
No abstract provided.
Recent Developments In Civil Rights, Ivan E. Bodensteiner
Recent Developments In Civil Rights, Ivan E. Bodensteiner
Law Faculty Publications
One of the most significant developments in civil rights litigation is the expansion of immunity doctrines. Even though immunity is not mentioned in 42 U.S.C. § 1983, the United States Supreme Court has given some governmental officials the benefit of a qualified immunity from damages, and other officials an absolute immunity from damages.
Title Vii As Censorship: Hostile Environment Harassment And The First Amendment, Kingsley R. Browne
Title Vii As Censorship: Hostile Environment Harassment And The First Amendment, Kingsley R. Browne
Law Faculty Research Publications
No abstract provided.
The Rhetoric Of Equality, Neal Devins
The Rhetoric Of Equality, Neal Devins
Vanderbilt Law Review
The affirmative action debate appears intractable. On one side, those employing the "rhetoric of innocence" use contemporaneous findings of actual discrimination as the gauge that defines victim status. This rhetoric proclaims affirmative action plans that define eligibility by group status, rather than by individualized proof of victim status, both harmful to innocent whites and beneficial to undeserving minorities. In sharp contrast, those employing the "rhetoric of guilt"' contend that "unconscious racism' makes it impossible for whites to treat minorities as equals. Under this view, "[b]ecause racial discrimination is part of the cultural structure, each person of color is subject to …
The Effect Of The 1964 Civil Rights Act On Black Americans, Quentin Jamil Moses
The Effect Of The 1964 Civil Rights Act On Black Americans, Quentin Jamil Moses
Theses Digitization Project
No abstract provided.
Feminist Jurisprudence - The 1990 Myra Bradwell Day Panel, Elizabeth M. Schneider, Lucinda Finley, Carin Clauss, Joan Bertin
Feminist Jurisprudence - The 1990 Myra Bradwell Day Panel, Elizabeth M. Schneider, Lucinda Finley, Carin Clauss, Joan Bertin
Faculty Scholarship
No abstract provided.
Brewer's Plea: Critical Thoughts On Common Cause, Richard Delgado
Brewer's Plea: Critical Thoughts On Common Cause, Richard Delgado
Vanderbilt Law Review
As most legal readers know, members of the Critical Race Studies (CRS) school" and mainstream civil rights scholars have been carrying on a rather spectacular and highly public debate. First, Randall Kennedy, a mainstream scholar, took the newcomers to task in his Racial Critiques article, charging us with making unfounded accusations and grandiose claims,' with finding racial exclusion where none exists, and with various other sins of omission and commission. The controversy moved next to the pages of the popular press. Then, in the June 1990 issue of Harvard Law Review, three members of CRS and a white sympathizer were …
Hiv/Aids And The Pre-Existing Health Condition Standard: Teaching An Old Dog New Tricks, 24 J. Marshall L. Rev. 653 (1991), Barbara Lynn Pedersen
Hiv/Aids And The Pre-Existing Health Condition Standard: Teaching An Old Dog New Tricks, 24 J. Marshall L. Rev. 653 (1991), Barbara Lynn Pedersen
UIC Law Review
No abstract provided.
Book Review. Belonging To America, Lauren K. Robel
Book Review. Belonging To America, Lauren K. Robel
Articles by Maurer Faculty
No abstract provided.
Voluntary Affirmative Action In Employment For Women And Minorities Under Title Vii Of The Civil Rights Act: Extending Possibilities For Employers To Engage In Preferential Treatment To Achieve Equal Employment Opportunity, 24 J. Marshall L. Rev. 731 (1991), Chris Engels
UIC Law Review
No abstract provided.
Battered Spouses' Section 1983 Damage Actions Against The Unreponsive Police After Deshaney, James T.R. Jones
Battered Spouses' Section 1983 Damage Actions Against The Unreponsive Police After Deshaney, James T.R. Jones
West Virginia Law Review
No abstract provided.
An Equal Right To Fight: An Analysis Of The Constitutionality Of Laws And Polices That Exclude Women From Combat In The United States Military, Kathy L. Snyder
An Equal Right To Fight: An Analysis Of The Constitutionality Of Laws And Polices That Exclude Women From Combat In The United States Military, Kathy L. Snyder
West Virginia Law Review
No abstract provided.
The Americans With Disabilities Act: Analysis And Implications Of A Second-Generation Civil Rights Statute, Robert L. Burgdorf Jr.
The Americans With Disabilities Act: Analysis And Implications Of A Second-Generation Civil Rights Statute, Robert L. Burgdorf Jr.
Journal Articles
Martin Luther King, Jr. once wrote that our nation's civil rights laws were a "sparse and insufficient collection of statutes ... barely a naked framework."' On their faces, many federal civil rights statutes constitute little more than broad directives that "Thou shalt not discriminate." Broadly worded statements outlawing discrimination were the optimal approach to statutory draftsmanship in light of the controversial nature of the civil rights laws passed in the 1960s and 1970s. The drafters of these statutes needed to craft language that would be palatable to a majority of the members of Congress while still having a meaningful impact …
Love Makes A Family--Nothing More, Nothing Less: How The Judicial System Has Refused To Protect Nonlegal Parents In Alternative Families, Barbara Cox
Faculty Scholarship
Part I of this article discusses the legal system's recognition of parental rights and enumerates the possible constitutional, statutory, and equitable theories available for protecting the parental rights of nonlegal parents. Part II considers the cases that have rejected the attempts by members of alternative families to use these theories to obtain this protection. Part III discusses the barriers to political power that will make it extremely difficult and time-consuming to achieve legislative change in these areas, and argues that the courts should use the means available to them currently to protect these nonlegal parents and their children while the …
Flimsy Precedent And Narrow Vision: A Call For Congressional Amendment Of Title Vii And The Ada In Response To Boureslan, Monique C. Lillard
Flimsy Precedent And Narrow Vision: A Call For Congressional Amendment Of Title Vii And The Ada In Response To Boureslan, Monique C. Lillard
Articles
No abstract provided.
"Equal Members Of The Community": The Public Accommodations Provisions Of The Americans With Disabilities Act, Robert L. Burgdorf
"Equal Members Of The Community": The Public Accommodations Provisions Of The Americans With Disabilities Act, Robert L. Burgdorf
Journal Articles
Nearly three decades ago, four black students sat down at a lunch counter in a Woolworth's store in Greensboro, North Carolina, ordered a cup of coffee, and refused to move until they were served. I Unknown to the four young men at the time, their act of courage would help precipitate a series of sit-in protests and other forms of civil disobedience challenging racial segregation at lunch counters, restaurants, parks, hotels, motels, and other facilities. The desegregation of such places was a principal objective of civil rights protests, lawsuits, and proposals for legislative reform during the early 1960s.2 Equal opportunity …
Authoritarianism And The Rule Of Law, Lynne Henderson
Authoritarianism And The Rule Of Law, Lynne Henderson
Scholarly Works
No abstract provided.
Rule 11 Recalibrated In Civil Rights Cases, Carl W. Tobias
Rule 11 Recalibrated In Civil Rights Cases, Carl W. Tobias
Law Faculty Publications
The United States Supreme Court promulgated the 1983 amendments to the Federal Rules of Civil Procedure out of growing concern about abuse of the civil litigation process. The most controversial aspect of the implementation of these revisions has been judicial enforcement of amended Rule 11 (the Rule) in ways that disadvantage or "chill" civil rights plaintiffs and attorneys. As the federal judiciary enters its eighth year of implementing the Rule, courts apparently have improved their application of it by becoming more solicitous of the needs of civil rights plaintiffs and their counsel, in recognition of the important social function that …
Attorney Fees: Compensating The Attorney Pro Se Litigant In Civil Rights Cases, Peter Bagley
Attorney Fees: Compensating The Attorney Pro Se Litigant In Civil Rights Cases, Peter Bagley
Oklahoma Law Review
No abstract provided.
Equal Protection Minus Strict Scrutiny Plus Benign Classifications Equals? Equality Of Opportunity, Johnny Parker
Equal Protection Minus Strict Scrutiny Plus Benign Classifications Equals? Equality Of Opportunity, Johnny Parker
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
Note, The Convention For The Elimination Of All Forms Of Discrimination Against Women: Radical, Reasonable, Or Reactionary?, Sarah C. Zearfoss
Note, The Convention For The Elimination Of All Forms Of Discrimination Against Women: Radical, Reasonable, Or Reactionary?, Sarah C. Zearfoss
Michigan Journal of International Law
This Note will explore the merits behind these positions and attempt a resolution. If the potential effect of the Convention can only be to freeze and enshrine sex equality law as it currently exists, one who is interested in achieving changes in the law for the purpose of benefiting women will not want to put her energy into lobbying for ratification. It is therefore important to get past political strategies and determine what promise the Convention might hold for women in the United States. If the United States were to ratify the Convention, what changes, if any, would result?
Self-Determination, Minority Rights, And Constitutional Accommodation: The Example Of The Czech And Slovak Federal Republic, Claudia Saladin
Self-Determination, Minority Rights, And Constitutional Accommodation: The Example Of The Czech And Slovak Federal Republic, Claudia Saladin
Michigan Journal of International Law
Part I of this note will explore the concepts of self-determination and minority rights in international law and their development over time. This is particularly relevant to the countries of Central and Eastern Europe, because these concepts saw their first full flowering in the period during and following the First World War, when those countries gained their independence from the European powers. Part II will discuss the evolution of the constitutional relationship between the Czechs and the Slovaks from the constitution of the first Czechoslovak Republic to the current constitutional reforms of the CSFR. This analysis will show the emerging …