Law Commons^™

Observations On The Supreme Court's Recent Affirmative Action Cases, Julia C. Lamber

Indiana Law Journal

No abstract provided.

Supreme Court Gets Wall St. Sex Bias Case, Mary Papenfuss

Ann B. Hopkins Papers

No abstract provided.

Beyond A Black And White Reading Of Sections 1981 And 1982: Shifting The Focus From Racial Status To Racist Acts, Linda A. Lacewell, Paul A. Shelowitz

University of Miami Law Review

No abstract provided.

Don't Write Off The Reagan Social Agenda, Neal Devins

Popular Media

No abstract provided.

Freedom Of Speech And Racism, David Kretzmer

Cardozo Law Review

No abstract provided.

Confronting Racism By Law In Israel - Promises And Pitfalls, Amos Shapira

Cardozo Law Review

No abstract provided.

Do The United States Sentencing Guidelines Deprive Defendants Of Due Process?, Bradford Mank

Faculty Articles and Other Publications

It is difficult to determine whether due process requires individualized sentencing because sentencing goals and practices have varied greatly during the course of this nation's history. A court applying Judge Bork's original intent doctrine of constitutional interpretation would probably reach a result different from that reached by a court employing a more liberal view of due process protections.1o It is likely that liberals and conservatives on the current Supreme Court would disagree on whether the Guidelines violate due process.

This article argues that the Guidelines can be saved and can satisfy due process requirements if the Supreme Court interprets the …

Section 1983: Absolute Immunity For Pretrial Police Testimony, Jack Kaufman

Fordham Urban Law Journal

This Note discusses the development of the Supreme Court's approach to section 1983 immunity for trial witnesses. Central to this discussion is an overview of the history of common-law immunities for government officials, the history and purpose of section 1983, and the history of the Supreme Court's section 1983 immunity decisions. The author discusses the current disagreement in the circuits over extending section 1983 immunity to pretrial police testimony. The author also analyzes various possible answers to the question of whether to extend witness immunity under section 1983 to specific pretrial proceedings by applying the current Supreme Court "functional categories" …

Statutes Of Limitation And Section 1983: Implications For Illinois Civil Rights Law, 20 J. Marshall L. Rev. 415 (1987), Brian Kibble-Smith

UIC Law Review

No abstract provided.

Title Vii Today: The Shift Away From Equality, 20 J. Marshall L. Rev. 525 (1987), Michael S. Beer

UIC Law Review

No abstract provided.

Kemner V. Monsanto Company: The Illinois Supreme Court Confronts The Free Speech/Fair Trial Controversy, 20 J. Marshall L. Rev. 581 (1987), Thomas K, Pfister

UIC Law Review

No abstract provided.

California Federal Savings & (And) Loan Association V. Guerra: Supreme Court Affirms California's Efforts To Accommodate Pregnancy In Fair Employment Laws, 21 J. Marshall L. Rev. 181 (1987), Judith Gallo

UIC Law Review

No abstract provided.

Affirmative Action: Problems And Prospects, James Farmer

Trotter Review

We live in complicated times today, and one of the sparks that flies off from such complicated times involving difficult issues is that words have all kinds of meanings, and they tend to confuse. I was astonished to hear our president, Ronald Reagan, say that if Dr. King were alive he would agree with him in opposing affirmative action, because King was color-blind and so is Ronald Reagan. This was a stopper, really, a real stopper. Affirmative action has had an interesting history. I, with no attempted modesty, claim to have proposed the idea to Lyndon Johnson, in either late …

Civil Rights For The Blind: Equal Access For Guide Dog Users, Leonard D. Duboff

NYLS Journal of Human Rights

No abstract provided.

Preemption Of Section 1983 By Title Vii: An Unwarranted Deprivation Of Remedies, Nancy Levit

Faculty Works

No abstract provided.

Securing Justice: A Response To William Bradford Reynolds, Michael A. Middleton

Faculty Publications

I doubt that William Bradford Reynolds would disagree that the self evident truths the Framers of the Declaration of Independence spoke about are as applicable today in the 1980's as they were over 200 years ago. I also doubt that Mr. Reynolds would disagree that despite the fact that black people were not considered human beings when the Constitution was framed, the fourteenth amendment to that great document was intended to bring them within the ambit of its protections. On these two basic propositions, I suspect, Mr. Reynolds and I would agree. Beyond that however, Mr. Reynolds advances a fundamentally …

Permissive Affirmative Action For The Benefit Of Blacks, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Employment Discrimination - The Age Discrimination In Employment Act Permits Recovery Of Liquidated Damages Only Upon Showing Of Employer's Outrageous Conduct In Violating The Act, Jeffrey M. Zimskind

Villanova Law Review (1956 - )

No abstract provided.

The History Behind Hansberry V. Lee, 20 U.C. Davis L. Rev. 481 (1987), Allen R. Kamp

UIC Law Open Access Faculty Scholarship

This Article provides the factual background to Hansberry v. Lee, the famous class action case. During the early 1900's, Chicago's black population was kept effectively segregated, primarily through the use of racially restrictive covenants. However, in the 1930's, this system began to break down. The growth of the black population caused an increased demand for black housing, while the Depression reduced the market for white housing. It was at this time that Carl Hansberry bought a house that was covered by a restrictive covenant, generating a lawsuit to have the covenant enforced and the Hansberrys evicted.

Tracing the lawsuit as …

Will The Constitution Survive Into The Twenty-First Century - Some Reflections On The Bicentennial Of The United States Constitution, 21 J. Marshall L. Rev. 79 (1987), Michael P. Seng

UIC Law Review

No abstract provided.

An Overview Of Fair Housing, Kenneth J. Kowalski

Law Faculty Articles and Essays

The purpose of this article is to give an overview of federal fair housing laws and their impact on the real estate industry. This article limits its review to three principle federal statutes affecting equal-housing opportunities: Title VIII of the Civil Rights Act of 1968, 42 U.S.C. §3601 et seq. (hereinafter cited as the "Act" or "Title VIII") and the 1866 and 1870 Civil Rights Act, 42 U.S.C. §§1981, 1982 (respectively "section 1981" and "section 1982"). A review of the substantive provisions of the statutes, methods of enforcement, and judicial interpretations are included. The article also discusses specific evidentiary issues, …

H.R. 4300, The Family And Medical Leave Act Of 1986: Congress' Response To The Changing American Family, Amy K. Berman

Cleveland State Law Review

On March 4, 1986, H.R. 4300, The Family & Medical Leave Act of 1986 was introduced in the United States House of Representatives. The purpose of the bill is "to entitle employees to parental leave in cases involving the birth, adoption, or serious health condition of a son or daughter and temporary medical leave in cases involving the inability [of an employee] to work because of a serious health condition." The bill requires an employer to provide up to 18 weeks job-protected family leave and up to 26 weeks job protected medical leave for all temporarily disabled employees. The scope …

Some Observations On Closing The Gap, Jeremiah Cotton

Trotter Review

James P. Smith and Finis R. Welch, along with fellow economist Richard B. Freeman, have been primarily responsible for the much accepted notion that there have been “dramatic” advances in the economic situation of blacks in the recent past. Closing The Gap: 40 Years of Economic Progress for Blacks (CTG) is just the latest installment and reworking of this optimism. Freeman attributed the alleged progress to a “collapse” of labor market discrimination caused by “governmental and related antidiscrimination activity associated with the 1964 Civil Rights Act.” Smith and Welch, on the other hand, have always been somewhat agnostic about the …

The Profound Impact Of Milliken V. Bradley, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.

Nonsolicitation And Cease And Desist Orders Against Real Estate Brokers In New York, Aba Heiman

Fordham Urban Law Journal

This Article will trace the origin, growth and enforcement of nonsolicitation and cease and desist orders. Part II outlines the federal framework for dealing with discriminatory practices by real estate brokers. Section A focuses on "steering" the target of cease and desist orders-and illustrates the dilemma of both the victims and the brokers. Section B details blockbusting-the target of nonsolicitation orders. In discussing its genesis, financial operation, and sociological implications, this section also considers whether solicitation by brokers constitutes "commercial speech" protected by the first amendment. Section C briefly explores the effectiveness of section 1982 of the Civil Rights Act …

Is Discrimination Against Jews "Race Discrimination?", Neal Devins

Faculty Publications

No abstract provided.

Feminism And Legal Method: The Difference It Makes, Mary Jane Mossman

Articles & Book Chapters

Prompted by questions raised in A Feminist Perspective in the Academy: The Difference It Makes, Mossman questions whether or not feminist theory, namely as it concerns equality and the impact of women as key actors, could impact the structure of legal inquiry.

Hedonic Damages In Section 1983 Actions: A Remedy For The Unconstitutional Deprivation Of Life

Washington and Lee Law Review

No abstract provided.

Batson V. Kentucky: Curing The Disease But Killing The Patient, William T. Pizzi

Publications

No abstract provided.

The Developing Law On Aids In The Workplace , Jana Howard Carey, Megan M. Arthur

Maryland Law Review

No abstract provided.