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Articles 13441 - 13470 of 14922
Full-Text Articles in Law
The Washington Constitutional "State Action" Doctrine: A Fundamental Right To State Action, David M. Skover
The Washington Constitutional "State Action" Doctrine: A Fundamental Right To State Action, David M. Skover
Seattle University Law Review
The time is ripe to establish the nature of the Washington "state action" doctrine and its theoretical purposes, and to evaluate its capacity to serve the functions justifying its existence. This Article will perform this exegesis. This Article proposes the dismantlement of the Washington "state action" doctrine and the recognition that cases involving competing private claims of state constitutional liberties present justiciable controversies that must be decided by conscious and comprehensive judicial investigation of the merits.
Whose Rights? What Danger?, Michael E. Tigar
Whose Rights? What Danger?, Michael E. Tigar
Faculty Scholarship
No abstract provided.
Prisoners' Rights - Federal Witness Process - State Treasury Must Bear Expenses Of Transporting State Prisoner Witness Between County Jail And Federal Courthouse When Such Prisoner Testifies In Federal Proceedings, Kathleen M. Gregor
Villanova Law Review (1956 - )
No abstract provided.
Civil Rights - Under Section 1983 Prison Officials Are Not Liable To Prisoner For Injuries Inflicted As Result Of Officials' Negligence, Donna M. Wright
Civil Rights - Under Section 1983 Prison Officials Are Not Liable To Prisoner For Injuries Inflicted As Result Of Officials' Negligence, Donna M. Wright
Villanova Law Review (1956 - )
No abstract provided.
Zoning Discrimination Affecting Retarded Persons, 29 Wash. U. J. Urb. & Contemp. L. 67 (1985), Susan Marie Connor
Zoning Discrimination Affecting Retarded Persons, 29 Wash. U. J. Urb. & Contemp. L. 67 (1985), Susan Marie Connor
UIC Law Open Access Faculty Scholarship
No abstract provided.
Equalities Real And Ideal: Affirmative Action In Indian Law Review, Lance Liebman
Equalities Real And Ideal: Affirmative Action In Indian Law Review, Lance Liebman
Faculty Scholarship
American legal scholars have devoted surprisingly little effort to studying India. In India, as in America, judges, lawyers, and legislators have had to shape a transplanted legal system with English roots. Both countries have adapted English legal institutions to conditions far more heterogeneous – ethnically, racially, linguistically,and geographically – than those of the mother country. It thus seems no accident that India's constitutional structure parallels that of the United States in so many ways. For example, India has a written constitution that embodies principles of federalism and separation of powers, and that provides for judicially enforced guarantees of individual rights. …
Wrongful Death Actions And Section 1983, Steven H. Steinglass
Wrongful Death Actions And Section 1983, Steven H. Steinglass
Law Faculty Articles and Essays
This article examines the use of 42 U.S.C. Section 1983 in cases in which violations of federal law by state or local officials result in a death and the rules that govern the existence of the cause of action and the available damages. State remedies for the protection of individual rights from official misconduct are often inadequate, and public protection is frequently unavailing. Thus, many plaintiffs seek alternative remedies, and in recent years the estates, personal representatives and survivors of victims of wrongful killings have increasingly turned to federal law and federal courts. Section 1983, however, is a threadbare statute, …
Equal Employment And Third Party Privacy Interests: An Analytical Framework For Reconciling Competing Rights, Deborah Calloway
Equal Employment And Third Party Privacy Interests: An Analytical Framework For Reconciling Competing Rights, Deborah Calloway
Faculty Articles and Papers
No abstract provided.
Wrongful Discharge—Sexual Harassment Equated With Prostitution To Find Public Policy Exception, Kim Vance
Wrongful Discharge—Sexual Harassment Equated With Prostitution To Find Public Policy Exception, Kim Vance
University of Arkansas at Little Rock Law Review
No abstract provided.
Courts—Judicial Immunity—Prospective Relief And Attorney's Fees Allowed, Robert S. Irving
Courts—Judicial Immunity—Prospective Relief And Attorney's Fees Allowed, Robert S. Irving
University of Arkansas at Little Rock Law Review
No abstract provided.
1983-84 Current Developments In Civil Liberties, Ivan E. Bodensteiner, Rosalie Levinson
1983-84 Current Developments In Civil Liberties, Ivan E. Bodensteiner, Rosalie Levinson
Law Faculty Publications
No abstract provided.
Feminist Discourse, Moral Values, And The Law—A Conversation, Ellen C. Dubois, Mary C. Dunlap, Carol J. Gilligan, Catharine A. Mackinnon, Carrie J. Menkel-Meadow, Isabel Marcus, Paul J. Spiegelman
Feminist Discourse, Moral Values, And The Law—A Conversation, Ellen C. Dubois, Mary C. Dunlap, Carol J. Gilligan, Catharine A. Mackinnon, Carrie J. Menkel-Meadow, Isabel Marcus, Paul J. Spiegelman
Buffalo Law Review
No abstract provided.
Book Review, Elaine W. Shoben
Book Review, Elaine W. Shoben
Scholarly Works
The Burden of Brown by Raymond Wolters is a long book with a very short message: integration is bad, but desegregation is not. The distinction between the two is crucial to Wolters's analysis. Desegregation is the prohibition of officially sanctioned separation of the races. Integration, on the other hand, is the compelled mixing of the races for the sake of mixing. The "burden" of Brown v. Board of Education, according to Wolters, is that the Supreme Court has blurred this distinction and erroneously requires integration instead of merely prohibiting segregation. Wolters's thesis is that Brown had two prongs: one …
What Was Wrong With Dred Scott, What's Right About Brown, Robert A. Burt
What Was Wrong With Dred Scott, What's Right About Brown, Robert A. Burt
Washington and Lee Law Review
No abstract provided.
A Letter To Professor Burt, Milner S. Ball
A Letter To Professor Burt, Milner S. Ball
Washington and Lee Law Review
No abstract provided.
A Word For The Common Good, Thomas L. Shaffer
A Word For The Common Good, Thomas L. Shaffer
Washington and Lee Law Review
No abstract provided.
The Heart Of The Lawyer's Craft, Peter R. Teachout
The Heart Of The Lawyer's Craft, Peter R. Teachout
Washington and Lee Law Review
No abstract provided.
The Continuing Presence Of Dred Scott, Lewis H. Larue
The Continuing Presence Of Dred Scott, Lewis H. Larue
Washington and Lee Law Review
No abstract provided.
Black Innocence And The White Jury, Sheri Lynn Johnson
Black Innocence And The White Jury, Sheri Lynn Johnson
Michigan Law Review
Racial prejudice has come under increasingly close scrutiny during the past thirty years, yet its influence on the decisionmaking of criminal juries remains largely hidden from judicial and critical examination. In this Article, Professor Johnson takes a close look at this neglected area. She first sets forth a large body of social science research that reveals a widespread tendency among whites to convict black defendants in instances in which white defendants would be acquitted. Next, she argues that none of the existing techniques for eliminating the influence of racial bias on criminal trials adequately protects minority-race defendants. She contends that …
Book Review, Frank S. Bloch
Book Review, Frank S. Bloch
Vanderbilt Journal of Transnational Law
Competing Equalities is a book that can be read and appreciated at several different levels, as well as for several different purposes, and which demonstrates both the richness of the subject--laws affording preferential treatment to backward classes in India--and the depth of the author's understanding of the material. At the heart of this very impressive book, Professor Galanter examines India's constitutional policy of affirmative action for selected backward classes of citizens, or "compensatory discrimination"--its historical and constitutional origins; its implementation, with particular emphasis on the role of courts in establishing a doctrinal framework for this policy; and its value to …
The Mentally Retarded-A Quasi-Suspect Class?: Cleburne Living Center V. City Of Cleburne, Dale W. Webb
The Mentally Retarded-A Quasi-Suspect Class?: Cleburne Living Center V. City Of Cleburne, Dale W. Webb
University of Richmond Law Review
In recent years, the mentally retarded have been increasingly deinstitu- tionalized.1 One major factor responsible for this trend has been the acceptance of the theory of normalization, which proposes that mentally retarded individuals must be exposed to normal life patterns and conditions in order to develop their full potential. Mental health officials have attempted to implement normalization by the relocation of the mentally retarded into group homes. The group home format offers the benefits of family living through the placement of small groups of mentally retarded individuals into homes in residential areas.
The First Amendment And Distributional Voting Rights Controversies, Emily M. Calhoun
The First Amendment And Distributional Voting Rights Controversies, Emily M. Calhoun
Publications
No abstract provided.
Betsey V. Turtle Creek Associates: All-Adult Housing Policy May Violate The Fair Housing Act, J. Michael Mcguinness
Betsey V. Turtle Creek Associates: All-Adult Housing Policy May Violate The Fair Housing Act, J. Michael Mcguinness
Campbell Law Review
This article will focus on Betsey and its implications. It discusses standard of proof problems and sets forth alternative methods of establishing a prima facie case of housing discrimination under the Fair Housing Act.
Symposium Address: Racial Justice In The 1980s, Julius L. Chambers
Symposium Address: Racial Justice In The 1980s, Julius L. Chambers
Campbell Law Review
No abstract provided.
The Transformation Of The Fourteenth Amendment: Reflections From The Admission Of Maryland's First Black Lawyers, David S. Bogen
The Transformation Of The Fourteenth Amendment: Reflections From The Admission Of Maryland's First Black Lawyers, David S. Bogen
Faculty Scholarship
October 10, 1985, was the one hundredth anniversary of the admission to the bar of the Supreme Bench of Baltimore City of Everett J. Waring, the first black lawyer admitted to practice before the state courts in Maryland. This article explores the efforts of African-American lawyers to establish the right to practice law in Maryland and their role in the larger struggle for political and civil rights.
Attorney's Fee Statutes In Civil Litigation: The State Of The Art, Susan Bennett
Attorney's Fee Statutes In Civil Litigation: The State Of The Art, Susan Bennett
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Discretionary Decisionmaking: The Application Of Title Vii's Disparate Impact Theory, Julia C. Lamber
Discretionary Decisionmaking: The Application Of Title Vii's Disparate Impact Theory, Julia C. Lamber
Articles by Maurer Faculty
No abstract provided.
Enforcement Of The Fair Housing Act: What Role Should The Federal Government Play?, Alex Waldrop
Enforcement Of The Fair Housing Act: What Role Should The Federal Government Play?, Alex Waldrop
Kentucky Law Journal
No abstract provided.
Federal Courts Are Becoming Reluctant To Take The Lead In Civil Rights Reform, Neal Devins
Federal Courts Are Becoming Reluctant To Take The Lead In Civil Rights Reform, Neal Devins
Popular Media
No abstract provided.
Politics And Principles: An Assessment Of The Roosevelt Record On Civil Rights And Liberties, Peter Irons
Politics And Principles: An Assessment Of The Roosevelt Record On Civil Rights And Liberties, Peter Irons
Washington Law Review
The central focus of this article is on the role played in these episodes by the U.S. Department of Justice, the primary federal agency entrusted with law enforcement duties and powers. In particular, the role of the attorney general as the department's titular head and as the personification of federal enforcement of civil rights and liberties provides this article with its analytic framework. A recent press commentary put this crucial cabinet post in perspective: "More than anyone but the President himself, it is the Attorney General who sets the moral tone of an Administration, symbolizing its commitment or lack of …