Law Commons^™

Foreword: Racist Speech On Campus, Kingsley R. Browne

Law Faculty Research Publications

No abstract provided.

Nurturin Rights: An Essay On Women, Peace, And International Human Rights, Barbara Stark

Michigan Journal of International Law

This essay will explore the relationship between what many view as the two most urgent issues of our time: nurturing rights, and promoting peace.

Civil Rights: A Call For Qualified Legislative Immunity For City Council Members Under 442 U.S.C. § 1983, Kevin R. Cole

Washington Law Review

If a city council member engages in legislative conduct that violates a person's clearly established, federally protected rights, should the council member ever be personally liable for civil damages under 42 U.S.C. § 1983? By the end of the 1980s, eight circuit courts of appeals found that absolute legislative immunity prevented local legislators from being held personally liable for their legislative acts. This majority position is misguided. Legal analysis and public policy support qualified, rather than absolute, legislative immunity for city council members in section 1983 cases. Under a rule of qualified legislative immunity, the council member would be liable …

Resurrecting State And Local Race-Conscious Set-Aside Programs, Charlotte F. Westerhaus

Indiana Law Journal

No abstract provided.

Doe V. University Of Michigan And Campus Bans On "Racist Speech": The View From Within, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.

Thurgood Marshall And The Administrative State, Jonathan Weinberg

Law Faculty Research Publications

No abstract provided.

Freedom Of Expression And Choice Of Language, Leslie Green

Articles & Book Chapters

This paper argues that sound principles of freedom of expression protect an individual's choice of which language to speak. They do so, not to guarantee against mistranslation, but rather to ensure that speakers are able to reach their intended audiences and, more importantly, to allow for the expressive value of speaking a particular language as a symbol of ethnic or political identification. The example of Quebec's Charter of the French Language and the resulting litigation is considered in some detail.

To Confront Or Not To Confront: Measuring Claiming Rates In Discrimination Grievances, Neil Vidmar, Herbert M. Kritzer, W. A. Bogart

Faculty Scholarship

This note reexamines the generally accepted belief that persons with discrimination-related grievances are much less likely to complain about their problem than are persons with grievances arising from consumer purchases, torts, or other common kinds of personal problems. We find that previously reported analyses greatly overstate the gap between complaining in discrimination problems and other kinds of problems. Drawing on data from three surveys, each conducted in a different country (the United States, Canada, and Australia), we find that for some types of discrimination problems the level of complaining in fact equals or exceeds complaining in other arenas.

The Changing Nature Of Employment Discrimination Litigation, Peter Siegelman, John J. Donohue Iii

Faculty Articles and Papers

Two major pieces of employment discrimination legislation were passed in the early 1990s: the 1991 Civil Rights Act and Americans with Disabilities Act. Using some simple regression models, we examine the effects of this legislation on the volume, content and outcomes of employment discrimination cases filed in federal courts. We find, first, that the volume of discrimination cases nearly doubled between 1992 and 1997, in contrast to a 10 percent decline during the previous 8 years, and despite a sharply falling unemployment rate that–in the past–would have substantially reduced the amount of litigation. We also observe a significant shift in …

Children Without Homes: Rights To Education And To Family Stability, Stanley S. Herr

University of Miami Law Review

No abstract provided.

Representing "The Real Deal", Lucie White

University of Miami Law Review

No abstract provided.

Section 1983 And The Parratt Doctrine After Zinermon V. Burch: Ensuring Due Process Rights Or Turning The Fourteenth Amendment Into A Font Of Tort Law, Paul F. Wingenfeld

Cleveland State Law Review

Over the last thirty years, the Court has decided a number of cases which illustrate an on-going struggle to find the proper place for section 1983 in the federal court system and, consequently, what ultimately qualifies as adequate procedural due process within the context of the statute. This note will examine the history of Court decisions involving section 1983 in order to provide the proper background for examining the Court's most recent decision in Zinermon v. Burch, a case which itself has added to an already confusing field of legal study. Within this historical background, however, the Court has actually …

Section 1983 And The Parratt Doctrine After Zinermon V. Burch: Ensuring Due Process Rights Or Turning The Fourteenth Amendment Into A Font Of Tort Law, Paul F. Wingenfeld

Cleveland State Law Review

Over the last thirty years, the Court has decided a number of cases which illustrate an on-going struggle to find the proper place for section 1983 in the federal court system and, consequently, what ultimately qualifies as adequate procedural due process within the context of the statute. This note will examine the history of Court decisions involving section 1983 in order to provide the proper background for examining the Court's most recent decision in Zinermon v. Burch, a case which itself has added to an already confusing field of legal study. Within this historical background, however, the Court has actually …

From Class Actions To Miss Saigon: The Concept Of Representation In The Law, Martha L. Minow

Cleveland State Law Review

The representation debates over casting "Miss Saigon" and law school faculties reflect the prevalence of contemporary assumptions about group differences. They reflect arguments made on behalf of historically excluded groups that group membership serves as a proxy for shared experiences and especially common experiences as victims of societal prejudice. Opponents, styled as defenders of neutrality, resist such arguments because they undermine the commitment to treating individuals as individuals. Maybe we can understand the debates better by seeing connections to deeper confusions about the concept of representation throughout our society, made especially vivid in legal and political contexts. If treated as …

Workplace Discrimination: Truthfulness And The Moral Imagination, Emily Calhoun

Publications

No abstract provided.

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 …

Retreat From The Melting Pot: Cultural Pluralism And Public Policy, Douglas O. Linder

Faculty Works

No abstract provided.

Review Of Affirmative Action After Metro Broadcasting V. Fcc: The Solution Almost Nobody Wanted, Douglas O. Linder

Faculty Works

No abstract provided.

Indian Reservations And The Preservation Of Tribal Culture: Beyond Wardship To Stewardship, John W. Ragsdale Jr

Faculty Works

No abstract provided.

From Class Actions To Miss Saigon: The Concept Of Representation In The Law, Martha L. Minow

Cleveland State Law Review

The representation debates over casting "Miss Saigon" and law school faculties reflect the prevalence of contemporary assumptions about group differences. They reflect arguments made on behalf of historically excluded groups that group membership serves as a proxy for shared experiences and especially common experiences as victims of societal prejudice. Opponents, styled as defenders of neutrality, resist such arguments because they undermine the commitment to treating individuals as individuals. Maybe we can understand the debates better by seeing connections to deeper confusions about the concept of representation throughout our society, made especially vivid in legal and political contexts. If treated as …

Affirmative Action, Douglas Scherer, John Dunne

Touro Law Review

No abstract provided.

The First Amendment, Burt Neuborne

Touro Law Review

No abstract provided.

A Comparison Of A Mentally Ill Individual's Right To Refuse Medication Under The United States And The New York State Constitutions, William M. Brooks

Touro Law Review

No abstract provided.

Civil Rights Clause

Touro Law Review

No abstract provided.

Equal Protection And Affirmative Action In Broadcast Licensing, Michael Bressman

Vanderbilt Law School Faculty Publications

As the Supreme Court's 1989 Term reached its conclusion, observers expected the Court to follow "City of Richmond v. J.A. Croson Co." and invalidate two Federal Communications Commission (FCC) minority preference policies aimed at promoting broadcast diversity. Instead, in one of the major surprises of the Term, the Court upheld both FCC racial preference programs in Metro Broadcasting, Inc. v. Federal Communications Commission. Finding no equal protection violation, the Court ruled that "benign" race-conscious programs designed by Congress to "serve important governmental objectives" are constitutional if they are "substantially related to [the] achievement of those objectives."

Quantum Leap: A Black Woman Uses Legal Education To Obtain Her Honorary White Pass, Beverly I. Moran

Vanderbilt Law School Faculty Publications

The nature of privilege is that it is hidden from those who possess it even more than it is hidden from those who lack privilege. Privilege's invisibility to its owner makes privilege difficult to both identify and fight.

The Limits Of "Liberal Republicanism": Why Group-Based Remedies And Republican Citizenship Don't Mix, Cynthia V. Ward

Faculty Publications

No abstract provided.

Jim Crow, Indian Style: The Disenfranchisement Of Native Americans, Jeanette Wolfley

American Indian Law Review

No abstract provided.

To Stimulate, Provoke, Or Incite? Hate Speech And The First Amendment, Kenneth Lasson

All Faculty Scholarship

If protecting freedom of speech is one of mankind's noblest pursuits, then restricting it is the most difficult. Yet limit we must: even the purest civil libertarian will concede that false shouts of fire cannot be countenanced nor broadcasts of wartime troop movements; even those who object to obscenity laws recognize the need for enabling redress of libel; and even those who would protect the right to be insulting do not defend inflammatory words spit out nose-to-nose. Now a spate of "speech codes" on college campuses has once again brought the first amendment to the fore, part of a simmering …

Gender Stereotypes And Discriminatory Behaviors Toward Female Attorneys: The North Carolina Case, Michael L. Vasu, Ellen Storey Vasu

Campbell Law Review

This article presents the results generated from the North Carolina Survey of Attorneys. The focus of this article is on attorneys' perceptions of professional activity levels, career choices, and gender stereotypes, as well as observations of discriminatory behavior toward female attorneys in court or chambers as perceived and reported by the lawyers in our sample.