Law Commons^™

Judicial Remedies In Pattern And Practice Suits Under The Fair Housing Act Of 1968: United States V. City Of Parma, Karen E. Rubin

Cleveland State Law Review

The elimination of racially segregated housing is a national goal of high priority. This goal is reflected in the pronouncements of law-makers and policy shapers, in decisional law, and in the existence of federal and state legislation designed to eradicate ghettos and replace them with "truly integrated and balanced" communities. Yet segregated housing patterns persist, often finding their source and legitimization in the policies and practices of local governments. This Note will examine an Ohio decision, United States v. City of Parma, and its impact on two issues: the bringing of a "pattern and practice" suit under Title VII of …

Government Liability For Unconstitutional Land Use Regulation, Stewart E. Sterk

Articles

The article examines whether the Constitution requires a damage remedy for unconstitutional land use ordinances and analyzes the policy implications of such a remedy. It argues that while awarding damages can compensate victims and influence behavior, the threat of liability may discourage useful government action. The author concludes that municipal damage liability for unconstitutional land use ordinances is generally unwise, except when the ordinance results from bad faith or deliberate obstruction of constitutional rights.

Closing The Classroom Door On Civil Rights, Neal Devins

Popular Media

No abstract provided.

Attorney-Client Conflicts Of Interest And The Concept Of Non-Negotiable Fee Awards Under 42 U.S.C. § 1988, Emily M. Calhoun

Publications

No abstract provided.

Title Vii: When Is A Pretext Not A Pretext? An Analysis Of Westinghouse Electric Corp. V. Vaughn, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case Westinghouse Electric Corp. v. Vaughn, 466 U.S. 521 (1984). The author expected the Court to clarify the evidentiary requirements and burdens of plaintiffs and defendants in litigating a disparate treatment claim under Title VII of the Civil Rights Act of 1964.

Courtroom Closure During Suppression Hearings And More, Randolph N. Jonakait

Other Publications

No abstract provided.

Substantive Due Process And The Scope Of Constitutional Torts, Michael L. Wells, Thomas A. Eaton

Scholarly Works

The thesis of this Article is that both the Supreme Court and its critics have failed to identify and confront the central issue presented by these due process constitutional tort cases. That issue is neither procedural fairness nor the choice between state and federal courts. It is deciding whether a government-inflicted injury to life, liberty, or property violates the substantive protections of the due process clauses and thereby warrants a constitutionally derived tort remedy. In Part II of this Article we examine the Supreme Court's decisions in this area, focusing primarily on Parratt v. Taylor. We demonstrate that neither Parratt …

A Review Of Federal Court Decisions Under Title Vii Of The Civil Rights Act Of 1964, Mary L. Heen

Law Faculty Publications

Fifteen essays examine the highly emotional debate, considering discussions by unions, state legislatures, and the courts.

Attorney's Fees In Title Vii Actions: Applying The Christiansburg Standard For Awards Against The Eeoc, Susan Jameson

Cardozo Law Review

No abstract provided.

The Force Of Irony: On The Morality Of Affirmative Action And United Steelworkers V. Weber, Richard O. Lempert

Articles

In recent years, affirmative action has posed difficult problems not only for courts and legislatures but also for individuals who puzzle over what is just. The claims made both by the proponents of programs that establish preferences on the basis of race and by their staunch opponents have an intuitive appeal. The slave society that preceded the Civil War and the Jim Crow era that endured for a century afterward are a shameful legacy for a nation that seeks to define itself in terms of justice and freedom. The proportionate underrepresentation of black people in positions of power and privilege …

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

Law of the Sea: U.S. Policy Dilemma Edited by Bernard H. Oxman, David D. Caron, and Charles L. Buderi San Francisco: ICS Press, 1983. Pp. x, 184. $21.95.

The Fish Feud By David L. Vander Zwaag Lexington, Massachusetts: Lexington Books, 1983. Pp. xiii, 135. $21.95.

Negotiating Foreign Investments: A Manual for the Third World Edited by Robert Hellawell and Don Wallace, Jr. Washington, D.C.: International Law Institute, 1982. $95.00.

Political Rights for European Citizens By Guido Van DenBerghe United Kingdom: Gower Publishing Company, 1982. Pp.xii, 235. $38.00.

The International Law of Pollution By Allen L. Springer Westport, Connecticut: Quorum Books, …

Linking Educational Benefits With Draft Registration: An Unconstitutional Bill Of Attainder, Richard D. Marsico

Articles & Chapters

No abstract provided.

Book Review Of Section 1983: Sword And Shield, Charles F. Abernathy

Georgetown Law Faculty Publications and Other Works

Robert H. Freilich and Richard G. Carlisle have collected sixteen essays from Volumes 11 through 15 of The Urban Lawyer-the journal which has most consistently followed developments in the law of section 1983-and published them as Section 1983: Sword and Shield. Prepared for the Section of Urban, State, and Local Government Law of the American Bar Association, this helpful volume provides a contemporary history of the development of the 1871 Civil Rights Act, from which section 1983 was derived.

Equal Protection Scrutiny Of High School Athletics, Barbara L. Pryor

Kentucky Law Journal

No abstract provided.

Proof Of Injury And Damages In Non-Standardized Product Price-Fixing Class Actions, Nancy R. Heller

Cardozo Law Review

No abstract provided.

What Standards Apply When Freedoms Collide?, Neal Devins

Faculty Publications

No abstract provided.

Race And The Decision To Detain A Suspect, Sheri Johnson

Cornell Law Faculty Publications

No abstract provided.

Davis V. Scherer, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Schall V. Martin, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.

Irving Independent School District V. Tatro, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Smith V. Robinson, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Palmore V. Sidoti, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Roberts V. United States Jaycees, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Grove City College V. Bell, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

The Legal And Economic Implications Of Sexual Harassment, Suzanne E. Andrews

North Carolina Central Law Review

No abstract provided.

Title Ix As A Tool For Eliminating Gender-Based Employment Discrimination At Educational Institutions, North Haven Board Of Education V. Bell, Alice R. Senechal

North Carolina Central Law Review

No abstract provided.

Claiborne Hardware: A Major Step Beyond Picketing, Susan Shell Iddings

North Carolina Central Law Review

No abstract provided.

Stotts V. Memphis Fire Department, 679 F.2d 541 (6th Cir. 1982), Cert. Granted, 51 U.S.L.W. 3871 (U.S. June 7, 1983) (No. 82-229), Timothy P. Hoban

Florida State University Law Review

Constitutional Law-Civil Rights-THE SIXTH CIRCUIT HOLDS THAT JUDICIALLY IMPOSED RACIAL QUOTAS TAKE PRECEDENCE OVER A SENIORITY SYSTEM

Notice To Class Members Under The Fair Labor Standards Act Representative Action Provision, Thomas Ashby

University of Michigan Journal of Law Reform

Federal courts currently apply different standards concerning the permissibility of notice. Although the Ninth Circuit forbids notice and the Seventh Circuit grants plaintiffs a right to send notice, the Second Circuit permits notice only in appropriate cases. This Note advocates that plaintiffs in FLSA and ADEA actions should be allowed to notify potential class members in appropriate cases. Part I analyzes inherent court powers, statutes, legislative history, and federal policies relating to notice. It concludes that enactment of FLSA and ADEA remedies did not alter the inherent power of federal courts to permit or prohibit notice. On the contrary, only …

Home Rule For Women: Power-Sharing Between Men And Women, Christine Boyle

Dalhousie Law Journal

This paper is about the Canadian electoral system and the need for reform of its constituent units. Canadian politics have been remarkable for the comparative lack of interest that has been displayed in this aspect of the system, an aspect that is of great importance in any democratic society. In 1949, a speaker at the annual meeting of the Canadian Political Science Association in Halifax summed up the situation as follows: The basic units of representation . . . the constituencies, are thus conceived in the darkness of a legislative committee, and born to blush unseen on an electoral map …