Law Commons^™

Bakke And Weber: The Concept Of Societal Discrimination, Nancy E. Dowd

Loyola University Chicago Law Journal

No abstract provided.

4. Mark (Novel), Matthew Lipman

Secondary School Curriculum

The high school has been vandalized, and Mark is arrested at the scene of the crime. He claims he is a “victim of society.” But what is society? What forces hold it together or work to pull it apart? These are questions to which Mark and his classmates address themselves. What they seek are ways of evaluating social institutions, rules and values, so as to determine how well society is able to live up to the ideals which, at one time or another, have been set for it. They pay particular attention to the nature of law and crime, tradition, …

Minority Preferences In Law School Admissions, Terrance Sandalow

Book Chapters

In addressing the subject of "reverse discrimination," I want to caution at the outset against permitting the use of the word "discrimination" to prejudice consideration of the subject. "Discrimination" has, in recent years, become a bad word. It tends to be used as a shorthand for "unjustifiably unequal treatment." In its original and still proper meaning, however, the word is quite neutral. Discrimination merely means differentiation. It comes from a Latin word that means "to distinguish." Accordingly, when we discriminate-i.e., when we differentiate or distinguish-among people, the propriety of our action depends upon the reasons that we have acted as …

Casenote, Constitutional Law--Equal Protection--New York Statute Requiring Consent Of Mother, But Not Of Father, As Prerequisite To Adoption Of Illegitimate Child Violates The Fourteenth Amendment Because It Draws Gender-Based Distinction Which Bears No Substantial Relation To State Interest In Encouraging Adoption Of Illegitimate Children--Caban V. Mohammed, 441 U.S. 380 (1979), Mary F. Radford

Faculty Publications By Year

No abstract provided.

Standing To Sue In Fair Housing Cases, Robert G. Schwemm

Law Faculty Scholarly Articles

Few procedural issues have commanded more attention from the Supreme Court in recent years than standing. The question of who is a proper party to bring a particular claim has arisen in a variety of contexts, but the Court has been especially active in addressing standing problems in cases concerning allegations of housing discrimination. The recent decision of Gladstone Realtors v. Village of Bellwood marked the fifth time in the past decade that the justices have decided a fair housing case on standing grounds.

The Supreme Court's determination to emphasize standing issues in many of its early fair housing opinions …

Remedies For Statutory Violations Under Sections 1983 And 1985(C), Kathleen Marie Fenton

Washington and Lee Law Review

No abstract provided.

An Implied Private Right Of Action Under Title Vi, Rebecca D. Graves

Washington and Lee Law Review

No abstract provided.

Broadening Access To The Courts And Clarifying Judicial Standards: Sex Discrimination Cases In The 1978-1979 Supreme Court Term, Janice M. Hamilton, Janine S. Hiller, Joyce Ann Naumann, Barbara H. Vann

University of Richmond Law Review

During the 1978-79 Term of the Supreme Court, sex discrimination continued to be an area of active judicial concern, with the Court deciding eight cases alleging unlawful sex discrimination. The purpose of this note is to present the Court's holdings and its rationale in these decisions, to analyze the significance of the decisions in view of the Court's past rulings, and to suggest possible implications for future sex discrimination cases.

Wage Discrimination And The "Comparable Worth" Theory In Perspective, Bruce A. Nelson, Edward M. Opton Jr., Thomas E. Wilson

University of Michigan Journal of Law Reform

Our article focuses primarily on one legal question: Does the wage discrimination theory, as sketched by Professor Blumrosen, fall within the remedial ambit of Title VII of the Civil Rights Act? Wage Discrimination's factual contentions as to the existence and universality of wage discrimination deserve equally detailed analysis, but we leave that task to scholars of the pertinent disciplines, sociology and economics. We will deal with the factual contentions of Wage Discrimination only so far as necessary to challenge its central factual conclusion: that a demonstration of job separation should lead to a judicial inference of wage discrimination. This …

The Use Of Collateral Estoppel By A Private Party In Suits Against Public Agency Defendants, John Kelly, David Rothenberg

University of Michigan Journal of Law Reform

Collateral estoppel has been defined as "the facet of the doctrine of judicial finality that deals with a judgment's conclusive effect in a suit on another cause of action." It precludes relitigation of a previously decided issue when that same issue arises in the context of a subsequent suit based on a different claim.

Traditionally, a party seeking to assert collateral estoppel must establish three elements: (1) identity with an issue actually and necessarily litigated in the prior case, (2) mutuality of parties, that is, the same parties or their privies in the second case as in the first, and …

Some Post-Bakke-And-Weber Reflections On "Reverse Discrimination", Henry J. Abraham

University of Richmond Law Review

So much has been said, written, and emoted concerning the subject of "reverse discrimination" that it represents a veritably frustrating experience to endeavor to come to grips with it in a nonredundant, non-banal, non-breast-beating manner. The difficulty is compounded by the all-too pervasive substitution of passion for reason on the wrenching issue-one that, admittedly, invites passion. Indeed, passion informed not an insignificant number of the record filings of the 120 briefs amicii curiae in the first central "reverse discrimination" case of Regents of the University of California v. Bakke, in which oral argument was presented to the Supreme Court of …

Minimum Competency Testing: Education Or Discrimination?, Mary G. Commander

University of Richmond Law Review

Minimum competency testing1 has been described as the "next major reform movement in American education." It also has been described as the "Great American Fad of the 1970's." The call for a minimum competency test requirement for graduation from high school resulted from increasing public concern about rising illiteracy rates and declining standardized test scores. This concern has created a "back to basics" trend in education, with a concurrent emphasis on educational accountability. This was the point at which most state legislatures entered the process by enacting accountability statutes. The competency tests are an aspect of this accountability. They are …

There Is A Fountain: The Autobiography Of A Civil Rights Lawyer / Legal Regulation Of The Competitive Process, Leonard B. Boudin, Kenneth B. Germain

Vanderbilt Law Review

There is a Fountain: The Autobiography of a Civil Rights Lawyer Reviewed by Leonard B. Boudin --

This book is unlike other good legal autobiographies, such as those of D.N. Pritt,' Clarence Darrow, and more recently Charles Morgan," for Lynn throughout his life was very poor, a radical and,most importantly, Black. Those portions of his autobiography that recount his political life in college and in later years make exciting and important reading. Lynn was the only member of the Young Communist League at Syracuse University in the early 1930s, and was a member of the American Communist Party in his …

Federalism And Social Change, Terrance Sandalow

Articles

A familiar passage in Professors Hart and Wechsler's casebook likens the relationship between federal and state law to that which exists between statutes and the common law. The underlying idea is that federal law rests upon a substructure of state law. "It builds upon legal relationships established by the states, altering or supplanting them only so far as necessary for [its] special purpose."' A similar relationship exists between state and federal judicial systems. State courts are courts of general jurisdiction, assumed to have authority to adjudicate controversies unless Congress has displaced them by conferring exclusive jurisdiction on federal courts. Federal …

State Law In Federal Civil Rights Cases: The Proper Scope Of Section 1988, Theodore Eisenberg

Cornell Law Faculty Publications

The Constitution And School Desegregation: An Inquiry Into The Nature Of The Substantive Right, Robert Allen Sedler

Kentucky Law Journal

No abstract provided.

Judicial Competence And Fundamental Rights, Earl S. Maltz, Ira C. Lupu

Michigan Law Review

In the April 1979 issue of the Michigan Law Review, Professor Ira Lupu added his valuable contribution to the continuing debate on the problem of defining the nature of fundamental rights under the Constitution. In many respects his article is a wholly admirable piece of scholarship, both well-researched and carefully reasoned. However, on one issue - the question of judicial competence to identify the values he defines as fundamental - Professor Lupu's discussion is seriously deficient. This letter will examine the problem of judicial competence and conclude that it is fatal to Professor Lupu's conception of the appropriate role …

Employment Discrimination-Reverse Discrimination- Privately Instigated Racial Quotas As Acceptable Affirmative Action-United Steelworkers V. Weber, 99 S. Ct. 2721 (1979).

BYU Law Review

No abstract provided.

Board Of Education Of The City School District Of New York V. Harris, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

City Of Mobile, Alabama V. Bolden, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Fullilove V. Klutznick (Formerly Kreps), Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

California Brewers Assn. V. Bryant, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Supreme Court Of Virginia V. Consumers Union Of The United States, Inc., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Lawyers V. Educators: Changing Perceptions Of Desegregation In Public Higher Education, Jean Preer

North Carolina Central Law Review

No abstract provided.

Review Of Owen Fiss, The Civil Rights Injunction, Doug Rendleman

Scholarly Articles

None available

Civil Rights - Unequal Contributions To Employee Retirement Plans Determined By Using Sex Segregated Morality Tables Constitute Unlawful Sex Discrimination Under Title Vii, Harold E. Rainbolt

University of Arkansas at Little Rock Law Review

No abstract provided.

42 U.S.C. 1983–Civil Rights–Municipalities Liable For Money Damages, Terry Clayton Paulson

University of Arkansas at Little Rock Law Review

No abstract provided.

Bakke, Weber And Mr. Justice Stewart: Constitutional Theory And Affirmative Action, Albert Broderick

North Carolina Central Law Review

No abstract provided.

An Empirical Analysis Of The Equal Credit Opportunity Act, James A. Burns Jr.

University of Michigan Journal of Law Reform

This article will first examine the legislative history of the ECOA to discover (1) the impetus for its enactment; (2) the views of proponents and opponents of the legislation concerning the presence of credit discrimination, its proper cure, and the proposed provisions of the bills introduced to deal with the problem; and (3) the congressional intent as to the use of various credit-granting factors described by the Act. Regulation B will then be similarly examined to find out how the broad mandates of the ECOA have been made concrete for the use of creditors. Finally, the article will focus on …

Rewriting Roe V. Wade, Donald H. Regan

Articles

Roe v. Wade is one of the most controversial cases the Supreme Court has decided. The result in the case - the establishment of a constitutional right to abortion - was controversial enough. Beyond that, even people who approve of the result have been dissatisfied with the Court's opinion. Others before me have attempted to explain how a better opinion could have been written. It seems to me, however, that the most promising argument in support of the result of Roe has not yet been made. This essay contains my suggestions for "rewriting" Roe v. Wade