Law Commons^™

The Plessy Case: A Legal-Historical Interpretation, David D. Meyer

Michigan Law Review

A Review of The Plessy Case: A Legal-Historical Interpretation by Charles A. Lofgren

Protection Of Civil Rights: A Constitutional Mandate For The Federal Government, Julius Chambers

Michigan Law Review

A Review of Federal Law and Southern Order: Racial Violence and Constitutional Conflict in the Post-Brown South by Michal Belknap

The Quiet Revolution In Minority Voting Rights, Laughlin Mcdonald

Vanderbilt Law Review

The modern voting rights movement began with passage of the Voting Rights Act of 19651 and was essentially black and southern. To-day that movement, propelled by a series of congressional amendments to the Act, favorable court decisions, and the concerted efforts of minority and civil rights communities, is multiracial and national in character. It is also having an increasingly profound impact on American politics.

Although the 1965 Act had provisions that applied nationwide,Congress intentionally targeted seven states of the old Confederacy-Alabama, Georgia, Louisiana, Mississippi, South Carolina, Virginia, and portions of North Carolina-for the application of unique and stringent measures described …

The Reagan Administration's Civil Rights Policy: The Challenge For The Future, William B. Reynolds

Vanderbilt Law Review

The almost twenty years that followed Brown showed real progress toward a color-blind society. That progress, however, lost momentum in the 1970s as many civil rights leaders advanced well-intended, but poorly conceived, policies with the all-too-familiar consequence of dividing people along color lines. In that decade, the bright future of race relations began to dim as discriminatory techniques--mislabelled as"benign" or "affirmative"-reemerged to work their destruction on the hopes of a public anxious to find harmonious, goodwilled solutions to the problems of the past.Today, the struggle continues for a national heritage blind to skin color or ethnic background. The challenge for …

The Fair Housing Amendments Act Of 1988: The Second Generation Of Fair Housing, James A. Kushner

Vanderbilt Law Review

A generation has passed since the legislative victories of the 1960s extending civil rights protection: twenty-five years since the passage of the historic Civil Rights Act of 1964,1 twenty-four years since the passage of the Voting Rights Act, and twenty-one years since the passage of the Fair Housing Act of 1968. As we enter the second generation of civil rights enforcement under new Presidential leadership it is important to assess the state of civil rights, to examine the experience of first generation enforcement and the promises of the second generation.

The state of civil rights in the area of housing …

The State Of The Union: Civil Rights, Paul G. Wolfteich

Vanderbilt Law Review

"The times," wrote Bob Dylan in 1963, "they are a-changin'." One hundred years after formal emancipation, blacks in 1963 were beginning to see the end of laws that prevented their full participation in American society. The United States Supreme Court had struck down the separate but equal doctrine, Congress had passed the first civil rights legislation in seventy-five years, and the executive branch was enforcing the law. Anthony Lewis wrote in the mid-1960s that "[n]o one could doubt that the conscience of America has been seized by the injustice of unequal treatment because of a man's skin." A women's liberation …

The Courts' Response To The Reagan Civil Rights Agenda, Drew S. Days, Iii

Vanderbilt Law Review

The Reagan Administration came to Washington, D.C. committed to reintroducing traditional theories of civil rights enforcement. The thesis of this Essay is that the Administration's efforts concerning the enforcement of civil rights were not successful. Of course, only time will tell whether civil rights jurisprudence will be altered because of forces set in motion by the Administration and changes in the makeup of the judiciary.Using the United States v. Carotene Products Co.' decision as the point of departure for a consideration of twentieth-century civil rights doctrine, it is apparent that the original goal of the Supreme Court's civil rights policy …

Race And Economic Opportunity, Robert L. Woodson

Vanderbilt Law Review

The true character of a nation can be judged in part by the way it treats its weakest or most vulnerable members. In the past decades, no-where has this test been more evident than in the quest for civil rights by black Americans. Civil rights has also become the leading indicator of the moral health of the Nation.

With the passage of civil rights laws, one-third of black Americans-those prepared by family status, education, or economic circumstance-walked through the doors of opportunity once they were opened. For unprepared blacks, removing racial barriers did not enable them to join the mainstream …

The Politics Of Victimization Makes Strange Bedfellows, Jennifer L. Hochschild

Michigan Law Review

A Review of The Civil Rights Society: The Social Construction of Victims by Kristin Bumiller, and Plural But Equal: Blacks and Minorities in America's Plural Society by Harold Cruse

No. 87-1167 Syllabus, Supreme Court Of The United States

Ann B. Hopkins Papers

No abstract provided.

Correspondence: April 21, 1989, Note From Senator Sam Nunn, Georgia, Sam Nunn

Saffy Collection - All Textual Materials

A note from United States Senator Sam Nunn to Dr. Edna L. Saffy.

American Women Face Discrimination In Seeking Employment With And Working For Japanese Companies Operating In The United States, Percy R. Luney Jr.

North Carolina Central Law Review

No abstract provided.

Fetal Protection And The Exclusion Of Women From The Toxic Workplace, Allyson K. Duncan

North Carolina Central Law Review

No abstract provided.

The Steelworkers' Trilogy And The Coal Miners' Trilogy: Is Discrimination An Exception To The Rule, Steven P. Mcgowan, Robert J. Schiavoni

West Virginia Law Review

No abstract provided.

Arguments Appealing To Racial Prejudice: Uncertainty, Impartiality, And The Harmless Error Doctrine, Steven D. Debrota

Indiana Law Journal

No abstract provided.

What Shapes Perceptions Of The Federal Court System?, Theodore Eisenberg, Stewart J. Schwab

Cornell Law Faculty Publications

Two hundred years is a long time. It is too long after formation of a court system to ask such basic questions as (1) what cases occupy the system, and (2) whether even informed professionals have a reasonable picture of what goes on within the system. Nonetheless, continuing debate about the volume and makeup of litigation in general and of federal court litigation in particular requires legal scholars to address these questions. Professor Marc Galanter's work on the litigation explosion questions central assumptions about the nature and growth of the federal docket. Our prior work undermines widely held views about …

"Discrimination" On The Basis Of Religion: An Examination Of Attempted Value Neutrality In Employment, Laura S. Underkuffler

Cornell Law Faculty Publications

No abstract provided.

Let's Re-Do Runyon: Questions To Guide Justice White; Response, Theodore Eisenberg

Cornell Law Faculty Publications

Indirect Discrimination Under Title Vii: Expanding Male Standing To Sue For Injuries Received As A Result Of Employer Discrimination Against Females, N. Morrison Torrrey

Washington Law Review

Historically, both men and women have had the right to seek redress under Title VII of the Civil Rights Act of 1964 for injuries they have received as a result of sex discrimination. In recent years, the federal circuits have split on whether to give men standing in one particular category of such cases: employment discrimination cases where, although both men and women have been injured, the discrimination has been targeted only at women. The author analyzes the recent male standing cases in the context of basic standing principles and their past application to other types of Title VII plaintiffs. …

Litigation Models And Trial Outcomes In Civil Rights And Prisoner Cases, Theodore Eisenberg

Cornell Law Faculty Publications

In ideal circumstances, court cases are won or lost on their merits. But litigation does not proceed free from external social factors or from the characteristics of the participants. Factors other than the merits of cases, therefore, may help explain litigation outcomes and selection of disputes for trial. Possible factors include judge or jury bias, regional influence, the type of case, the quality of counsel, and the nature and resources of plaintiffs and defendants.

This Article uses both impressionistic conjecture about litigation and formal litigation theory to develop and test hypotheses about factors affecting outcomes in civil rights and prisoner …

Aids And Disability Employment Discrimination In And Beyond The Classroom, Derek J. Jones, N Colleen Sheppard

Dalhousie Law Journal

Roughly a year ago, in Chalk v. U.S. District Court Central California, a United States appellate court authorized a teacher to return to his teaching duties, after a California school department had barred him from his classroom upon learning he had Acquired Immune Deficiency Syndrome (AIDS). The case parallels the widely reported events of the Eric Smith story of Autumn 1987. Teacher Smith was initially removed from his Shelburne County, Nova Scotia classroom, and reassigned to non-teaching duties after a medical secretary disclosed that Smith had tested positive for the AIDS virus. While Smith immediately refused the reassignment, he eventually …

The Peaceful Resolution Of Norfolk's Integration Crisis Of 1958-1959, Nancy Parker Ford

History Theses & Dissertations

In 1958 Norfolk experienced one of the most serious crises in its long history when six of its public secondary schools were closed by the governor. The closings were a result of Virginia's massive resistance program and forced 10,000 students to seek alternative education for five months or abandon their education entirely. Interviews with major participants in the crisis as well as investigation of newspaper accounts and editorials, personal papers of participants, city and School Board documents, and major works on the period reveal the factors involved in Norfolk's peaceful approach to integration. A comparison with the situation in Little …

The Socio-Legal Impact Of Equal Pay Legislation In Ontario, 1946-1979, Robert Malarkey, John Hagan

Osgoode Hall Law Journal

Equal pay legislation in Ontario has been a source of considerable attention, concern, and conflict since the late nineteenth century. A variety of women's organizations, human rights groups, labour unions, and political parties actively promoted equal pay for equal work legislation. In March 1951, the Ontario provincial government did enact an equal pay law to rectify perceived inequities between male and female workers. Since that initial legislation, numerous individuals and groups have complained that this legislation has done little to narrow the male-female wage differential in Ontario. In this article we argue that, in fact, the Ontario government's equal pay …

Problematic Standards Of Reasonableness: Qualified Immunity In Section 1983 Actions For A Police Officer's Use Of Excessive Force, Kathryn R. Urbonya

Faculty Publications

No abstract provided.

Commentary: The Role Of Universities In Racial Violence On Campuses, Wornie L. Reed

Trotter Review

Racial violence against blacks on college campuses across the country has become a source of consider able and legitimate concern. This paper reviews the nature and extent of these incidents, discusses the national social context of their occurrence, and examines the role that universities play in the development of these incidents.

Remedying The Irremediable: The Lessons Of Gautreaux, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.

Inconsistent Standards Of Substantive Due Process In Economic Regulations: A Result Of The Federalist System Of Government, Keith L. Hendricks

Brigham Young University Journal of Public Law

No abstract provided.

Ii. Constitutional Law & Civil Rights

Washington and Lee Law Review

No abstract provided.

Circumventing Racism: Confronting The Problem Of The Affirmative Action Ideology, Christopher T. Wonnell

BYU Law Review

No abstract provided.

Mastery, Slavery, And Emancipation, Guyora Binder

Journal Articles

Hegel's dialectic of master and slave in the Phenomenology of Mind portrays a master unable to win genuine recognition from a slave because unwilling to confer it. The dialectic implies that freedom has to be conceived as association based on mutual respect, rather than independence. This article offers a communitarian interpretation of emancipation inspired by Hegel's dialectic of master and slave. It proceeds from an account of slave society which, like Hegel's dialectic, equates slavery with the denial of social recognition. This account argues that the experience of slave society led both the masters and the slaves to conceive of …