Law Commons^™

Employment Discrimination And Labor Arbitrators: A Question Of Competence, Anthony F. Bartlett Pace University School Of Law

West Virginia Law Review

During the Second World War labor arbitration came to prominence in the United States as an important means of resolving disputes between labor and management. In the post-War years it gradually achieved a pre-eminent position in the American collective bargaining system, finally acquiring the imprimatur of the Supreme Court in 1960. Crucial to the Court's rationale for requiring virtual judicial abstension in regard to labor arbitration was its perception of the arbitration process as an informal and flexible system manned by arbitrators who were in possession of a high level of competence in the realities of labor relations. This view …

Employee Selection Base On Susceptibility To Occupational Illness, Mark A. Rothstein

Michigan Law Review

This Article attempts to compile the latest information available concerning this difficult problem. Part I reviews the scientific literature, explaining the biological basis of increased risk of occupational disease. Part II explores the efforts of various employers to incorporate this research into their personnel practices. Part III surveys the legal response to these practices. Employees may challenge medical screening on a variety of theories, most of which were not designed to deal with the problem of susceptibility to occupational disease. Not surprisingly, none of the approaches offers an entirely satisfactory response to the problem. This Article offers no clear answers. …

The Section 1983 Remedy And Purely Statutory Federal Rights: Ryans V. New Jersey Commission For The Blind And Visually Impaired, Peter E. Ormsby

BYU Law Review

No abstract provided.

Apartheid Baltimore Style: The Residential Segregation Ordinances Of 1910-1913, Garrett Power

Faculty Scholarship

On May 15, 1911, Baltimore Mayor J. Barry Mahool signed into law an ordinance for “preserving the peace, preventing conflict and ill feeling between the white and colored races in Baltimore City.” This ordinance provided for the use of separate blocks by African American and whites and was the first such law in the nation directly aimed at segregating black and white homeowners. This article considers the historical significance of Baltimore’s first housing segregation law.

"Suspect Class" Revisited: An Alternative View Of "Handicap", Nell J. Mohn

In the Public Interest

No abstract provided.

Marital Status Discrimination: A Survey Of Federal Caselaw, Joyce D. Edelman

West Virginia Law Review

No abstract provided.

Death Knell For Trageser: Section 504 Of The Rehabilitation Act In Light Of North Haven, M. Katherine Webster-O'Keefe

West Virginia Law Review

No abstract provided.

The Deduction Of Unemployment Compensation From Back-Pay Awards Under Title Vii, Eric A. Martin

University of Michigan Journal of Law Reform

This Note argues that federal courts should not deduct unemployment insurance benefits from Title VII back-pay awards. Part I reviews the legislative history and purposes behind the remedial provisions of Title VII. Part I also presents the arguments that courts have advanced regarding the deduction of unemployment benefits from Title VII back-pay awards. Part II assesses these arguments in light of analogous common law doctrine and the legislative objectives of Title VII, and advances arguments not yet considered by the courts. Finally, Part II concludes that federal courts should resolve this division of authority by not deducting unemployment benefits from …

Habeas Corpus Review Of State Trial Court Failure To Give Lesser Included Offense Instructions, Michael H. Hoffheimer

University of Michigan Journal of Law Reform

This Note advocates that federal courts review state criminal convictions in habeas corpus proceedings when lesser included offense instructions are available under state law but were not given. Part I demonstrates that granting such review conforms to the modern jurisdictional scope of federal collateral review because failure to give the instructions undermines the fact-finding function of juries and is therefore unconstitutional. Part II analyzes the proper standard of review and determines that the federal interest in protecting the reliability of the fact-finding process should prevail over any conflicting state interest in refusing to give lesser included offense instructions. Part II …

Proof Of Disparate Treatment Under The Age Discrimination In Employment Act: Variations On A Title Vii Theme, Mack A. Player

Scholarly Works

The Age Discrimination in Employment Act (ADEA) was enacted in 1967 and substantially amended in 1974 and 1978. Generally stated, the ADEA prohibits employer discrimination by public and private "employers" (persons having twenty or more employees), labor unions, and employment agencies. Protection against age discrimination is granted, however, only to employees and applicants between the ages of forty and seventy. It is illegal to discriminate on the basis of age against persons within the forty-to-seventy age group regardless of whether the person favored by the discrimination is within or without the protected age group or is younger or older than …

Book Review Of Civil Rights Legislation: Cases And Materials, Daan Braveman

Journal of Legal Education

No abstract provided.

Iv. Civil Rights & Employment Discrimination

Washington and Lee Law Review

No abstract provided.

Illegitimacy: An Examination Of Bastardy, Michigan Law Review

Michigan Law Review

A Review of Illegitimacy: An Examination of Bastardy by Jenny Teichman

The Sedition Of Free Speech, Lee C. Bollinger

Michigan Law Review

A Review of When Government Speaks: Politics, Law, and Government Expression in America by Mark G. Yudof

Just Schools: The Idea Of Racial Equality In American Education, Michigan Law Review

Michigan Law Review

A Review of Just Schools: The Idea of Racial Equality in American Education by David L. Kirp

Civil Liberties: Current Developments In The Seventh Circuit Regarding First Amendment, Procedural Due Process, Employment Discrimination And The Enforcement Of Civil Rights, Ivan E. Bodensteiner, Rosalie Levinson

Law Faculty Publications

No abstract provided.

Attorney's Fees Under The Civil Rights Act - A Time For Change, 16 J. Marshall L. Rev. 261 (1983), Robert W. Fioretti, James J. Convery

UIC Law Review

No abstract provided.

Ethical And Legal Concerns In Compelling The Waiver Of Attorney's Fees By Civil Rights Litigants In Exchange For Favorable Settlement Of Cases Under The Civil Rights Attorney's Fees Awards Act Of 1976, James Kraus

Villanova Law Review (1956 - )

No abstract provided.

The Relevance Of Statistics To Prove Discrimination: A Typology, Julia C. Lamber, Barbara Reskin, Terry Dworkin

Articles by Maurer Faculty

No abstract provided.

Right To Education For The Handicapped In West Virginia, Laura F. Rothstein

West Virginia Law Review

1981 was the International Year of the Disabled Person. During that year handicapped individuals received much attention from the press. Hopefully this publicity will result in an increased awareness of the existence of handicapped persons in our society, the special problems they have, and also their special abilities. Of the legal issues concerning handicapped individuals, the one receiving the most attention is the right to education. Many changes have occurred in the legal requirements placed on state and local educational agencies, and these changes in the law have caused dramatic changes in the attitudes of parents, teachers, administrators, and others …

"The Right Of The People": Reconciling Collective And Individual Interests Under The Fourth Amendment, Donald L. Doernberg

Elisabeth Haub School of Law Faculty Publications

Professor Doernberg examines a tension within fourth amendment jurisprudence and sugqests a means of resolving it. On the one hand, the Supreme Court has conferred fourth amendment standing only upon those whose personal privacy interests have been disturbed. On the other hand, the Court has allowed such persons to invoke the exclusionary rule only in circumstances where, in the Court's view, it would serve as an effective deterrent. Professor Doernberg traces these two po1icies to different conceptions of the fourth amendment: the first interprets the amendment as a guarantor of individual rights; the second construes it as an instrument for …

And The Whole Earth Was One Of Language - A Broad View Of Dispute Resolution, Henry H. Perritt Jr.

Villanova Law Review (1956 - )

No abstract provided.

Civil Rights - Title Vi - The Exhaustion Of Administrative Remedies Is Not A Prerequisite To A Private Right Of Action Under Title Vi, Carolyn J. Warter

Villanova Law Review (1956 - )

No abstract provided.

Editor's Preface, Jeffrey A. Markowitz

Villanova Law Review (1956 - )

No abstract provided.

Perpetuation Of Past Discrimination, Eric Schnapper

Articles

Part I of this Article offers several justifications for providing remedies for present harms that are caused by past acts of discrimination. Part II describes the different ways in which past discrimination can cause a present injury, and suggests for each way the appropriate legal standard for deciding when there is a present constitutional violation. Part III discusses the problems likely to arise in administering the suggested standards, and concludes that these problems are not inherently different from those involved in ordinary discrimination cases.

Implying A Private Cause Of Action Under Title Vi, Sheldon Joel Tepler

University of Arkansas at Little Rock Law Review

No abstract provided.

Applying Restitution To Remedy A Discriminatory Denial Of Partnership, Candace Kovacic-Fleischer

Scholarly Articles in Law Reviews & Journals

This article suggests that a plaintiff can bring a state cause of action in restitution, liability in unjust enrichment, as an alternative to a federal cause of action in Title VII if the plaintiff was discriminatorily denied partnership by a firm that paid her a salary, but billed her time by the hour to clients. If the firm earned more than it paid in salary and overhead to the plaintiff, that amount would be defendant’s gain, one of the elements of an action in restitution, and the amount to be disgorged should plaintiff prove the other two elements, that the …

Employment Problems Of The Handicapped: Would Title Vii Remedies Be Appropriate And Effective?, Cornelius J. Peck

University of Michigan Journal of Law Reform

This Article argues that the employment problems of the handicapped are not well-suited for treatment under a statutory discrimination model. Underlying this argument is the belief that the concept of discrimination is not adaptable to the problems of the handicapped, and efforts to apply it will only worsen existing problems. Part I begins by defining the meaning of discrimination, and then explores the similarities and differences between discrimination against the handicapped, and discrimination based on race, sex, religion, and national origin. The purpose of this discussion is to provide a basic framework for understanding claims that the handicapped should be …

British Anti-Discrimination Law: An Introduction, Christopher Mccrudden

Penn State International Law Review (1982 - 2011)

The United Kingdom is a signatory of a number of international treaties protecting various aspects of human rights, including freedom from discrimination. Yet, there is no legislation in this country protecting a comprehensive list of human rights in the manner of the United States Bill of Rights, although there have been a number of unsuccessful atempts to enact such legislation since 1969. Moreover, prior to race relations legislation, there was no general rule, policy or principle in common law directly relevant to combating racial discrimination or incitement to racial hatred.

The inadequacies of the common law and statutes stimulated several …

The Bivens Remedy In Prisoners' Rights Litigation

Washington and Lee Law Review

No abstract provided.