Law Commons^™

School Desegregation In Buffalo: The Hold Of History, Judy Scales-Trent

Journal Articles

No abstract provided.

Implementing Brown In The Nineties: Political Reconstruction, Liberal Recollection, And Litigatively Enforced Legislative Reform, James S. Liebman

Faculty Scholarship

Opposed for a decade by a hostile national administration, faced with the prospect for decades to come of an unsympathetic federal judiciary, and amidst declarations of the Second Reconstruction's demise, civil rights organizations have undertaken recently to rethink their litigation agendas. I have two motivations for offering some thoughts in support of that task. First, the civil rights community has requested the assistance of the academy in reshaping the community's litigation agenda and, in my case, in identifying "new strategies for implementing Brown v. Board of Education." Second, my analysis of the principal "old" strategy for implementing Brown, …

Improving Substance Abuse Treatment For Women, Brenda V. Smith

Scholarly Articles in Law Reviews & Journals

Alcohol and other drug use among women of child-bearing age has increased dramatically, and, as a result, more pregnant women are faced with alcohol and other drug problems. The only known national estimate suggests that 11 percent of pregnant women used illegal drugs during their pregnancy. Although pregnant crack-addicted women have received the most media attention, the problem is no less serious for alcohol and other drugs.

Alcohol and other drug use during pregnancy has negative physical and psychological consequences for both the mother and the child. Alcoholic mothers are at risk of having infants with fetal alcohol syndrome, which …

Proving Discrimination After Price Waterhouse And Wards Cove, Candace Kovacic-Fleischer

Scholarly Articles in Law Reviews & Journals

INTRODUCTION Anyone involved in litigation under Title VII of the Civil Rights Act of 19641 or similar state statutes may wonder what is entailed in proving or disproving discrimination after the United States Supreme Court's October 1988 Term. In fact, in the pending Civil Rights Act of 1990, Congress is considering reversing some of what the Supreme Court did during that Term. One of the issues that the Supreme Court addressed during the 1988 Term involved allocating burdens of proof in two major types of Title VII claims, dis- parate-treatment and disparate-impact. Price Waterhouse v. Hopkins, dealt with a disparate-treatment …

Termination Of Public School Desegregation: Determination Of Unitary Status Based On The Elimination Of Invidious Value Inculcation, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.

Affordable Housing Forum, Richard F. Bellman, John M. Armentano, Alan Mallach

Touro Law Review

No abstract provided.

Determining A Standard For Housing Discrimination Under Title Viii, Richard C. Cahn

Touro Law Review

No abstract provided.

In Lieu Of Preclusion: Reconciling Administrative Decisionmaking And Federal Civil Rights Claims, Marjorie A. Silver

Scholarly Works

No abstract provided.

The Capacity Of International Law To Advance Ethnic Or Nationality Rights Claims, S. James Anaya

Publications

No abstract provided.

Book Review, Richard B. Collins

Publications

No abstract provided.

Gideon V. Wainwright Revisited: What Does The Right To Counsel Guarantee Today?, Michael B. Mushlin

Elisabeth Haub School of Law Faculty Publications

In Gideon v. Wainwright, the Supreme Court unanimously held that indigent state felony defendants are constitutionally entitled to the appointment of trial counsel. The opinion aroused wide support, and even enthusiasm, almost from the moment it was announced in 1963. Two and a half decades later this support has not diminished. However, are the words of praise only lip service to the noble idea of the right to counsel? Has Gideon really made a difference? Has its promise of a fair shake for poor criminal defendants been kept, or has Gideon meant only that defendants are provided with the fleeting …

Civil Action No. 84-3040 Defendant's Identification Of Expert Witnesses, United States District Court For The District Of Columbia

Ann B. Hopkins Papers

No abstract provided.

Civil Action No. 84-3040 Plaintiff's Further Answers To Defendant's Interrogatories Relief Phase - Set I, United States District Court For The District Of Columbia

Ann B. Hopkins Papers

No abstract provided.

Civil Action No. 84-3040 Plaintiff's Response To Defendant's Request For Documents, United States District Court For The District Of Columbia

Ann B. Hopkins Papers

No abstract provided.

Civil Action No. 84-3040 Plaintiff's Brief On Remand, United States District Court For The District Of Columbia

Ann B. Hopkins Papers

No abstract provided.

Civil Action No. 84-3040 Appendix To Defendant's Brief On Remand, United States District Court For The District Of Columbia

Ann B. Hopkins Papers

No abstract provided.

Civil Action No. 84-3040 Defendant's Proposed Findings Of Fact, United States District Court For The District Of Columbia

Ann B. Hopkins Papers

No abstract provided.

Civil Action No. 84-3040 Defendant's Brief On Remand, United States District Court For The District Of Columbia

Ann B. Hopkins Papers

No abstract provided.

Civil Action No. 84-3040 Plaintiff's Proposed Findings Of Fact, United States District Court For The District Of Columbia

Ann B. Hopkins Papers

No abstract provided.

A Critical Approach To Section 1983 With Special Attention To Sources Of Law, Jack M. Beermann

Faculty Scholarship

The Civil Rights Act of 1871¹ ("§ 1983") establishes a tort-like remedy for persons deprived of federally protected rights "under color of law."'² While the statute's broad language provides a remedy for violations of federal constitutional and statutory rights, the statute itself provides little or no guidance regarding important subjects such as the measure of damages, the availability of punitive damages, the requirements for equitable relief, the statute of limitations, survival of claims, proper parties, and immunities from suit.³...

...The first part of this article examines the narrowly "legal" analysis of § 1983 in the cases …

Civil Action No. 84-3040 Notice Of Deposition - Request For Documents, United States District Court For The District Of Columbia

Ann B. Hopkins Papers

No abstract provided.

Civil Action No. 84-3040 Defendant's Interrogatories Relief Phase - Set I, United States District Court For The District Of Columbia

Ann B. Hopkins Papers

No abstract provided.

Civil Action No. 84-3040 Order, United States Court Of Appeals For The District Of Columbia Circuit

Ann B. Hopkins Papers

No abstract provided.

Civil Action No. 84-3040 Plaintiff's Discovery Requests Relief Phase - Set I (Revised), United States District Court For The District Of Columbia

Ann B. Hopkins Papers

No abstract provided.

No. 84-3040 Order 1989-10-03, United States District Court For The District Of Columbia

Ann B. Hopkins Papers

No abstract provided.

Constitutional Law—Civil Rights—State's Failure To Protect Child From Known Abuse Does Not Trigger Liability Under Section 1983. Deshaney V. Winnebago County Department Of Social Services, 109 S. Ct. 998 (1989)., Sarah J. Hefley

University of Arkansas at Little Rock Law Review

No abstract provided.

Title Vii Remedies: Reinstatement And The Innocent Incumbent Employee, Larry M. Parsons

Vanderbilt Law Review

Congress enacted Title VII of the Civil Rights Act of 19641 twenty-five years ago. Through Title VII Congress sought to remove artificial barriers that limited employment opportunities for minorities. The statute is not limited, however, to prohibiting race discrimination. Title VII directly confronts the problem of discrimination in the workplace by prohibiting employment decisions based on the race, color, religion, sex, or national origin of the employee or applicant. The Act prohibits an employer from favoring one group of employees over another due to irrelevant characteristics and classifications.

Title VII litigation occupies a significant portion of the federal docket. The …

"Sentencing And Visible Minorities: Equality And Affirmative Action In The Criminal Justice System", Bruce P. Archibald

Dalhousie Law Journal

The Canadian criminal justice system is facing serious criticism for being racist. Certain Canadian laws and judicial decisions in the past have made the legal system an easy target for such charges. Canadian governments have acknowledged the problems of racism in Canadian society, and provincial and federal human rights legislation exemplify efforts to eradicate racial discrimination. However, racial discrimination persists in Canadian society and the criminal justice system occupies a particularly sensitive place in controversies over the role of the state in these problems. Moreover, the equality provisions in the Canadian Charter of Rights and Freedoms have quite properly raised …

An Abused Child's Right To Life, Liberty, And Property In The Home: Constitutional Approval Of State Inaction, Michael J. Florio

West Virginia Law Review

No abstract provided.

Race And The Police Power: 1890 To 1937, Richard A. Epstein

Washington and Lee Law Review

No abstract provided.