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Articles 14011 - 14040 of 14906

Full-Text Articles in Law

Domestic Relations--The Right Of A Married Woman To Retain Her Maiden Name, Diana L. Fuller Sep 1976

Domestic Relations--The Right Of A Married Woman To Retain Her Maiden Name, Diana L. Fuller

West Virginia Law Review

No abstract provided.

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Civil Rights And Constitutional Law, Dorothy Y. Kirkley, Glenna L. Stone Jul 1976

Civil Rights And Constitutional Law, Dorothy Y. Kirkley, Glenna L. Stone

Mercer Law Review

The volume of civil rights and constitutional law cases decided by the United States Court of Appeals for the Fifth Circuit continues to rise steadily. This article is a selection of 1975 cases deciding substantive and procedural issues which, in the authors' opinion, are noteworthy for the general reader. The selection is by no means exhaustive.

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Constitutional Law--Civil Rights--Georgia's Bar Exam Does Not Unconstitutionally Discriminate On The Basis Of Race, Richard B. Badgley Jul 1976

Constitutional Law--Civil Rights--Georgia's Bar Exam Does Not Unconstitutionally Discriminate On The Basis Of Race, Richard B. Badgley

Mercer Law Review

In Tyler v. Vickery the Fifth Circuit Court of Appeals held that the Georgia bar examination does not discriminate against blacks in violation of the equal protection clause of the fourteenth amendment and that traditional constitutional tests, rather than EEOC guidelines promulgated under title VII of the Civil Rights Act of 1964, are the appropriate standards by which the constitutionality of the examination must be judged. The court further held that the failure to provide for a review of a failing grade does not violate the due process clause of the fourteenth amendment because those who fail the bar exam …

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Prisoner's Rights--The Need For An Inmate Grievance Commission In West Virginia, Thomas W. Kupec May 1976

Prisoner's Rights--The Need For An Inmate Grievance Commission In West Virginia, Thomas W. Kupec

West Virginia Law Review

No abstract provided.

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Civil Rights - Remedies-Reinstatement As A Remedy In 1983 Actions-Burton V. Cascade School District Union High School No. 5 May 1976

Civil Rights - Remedies-Reinstatement As A Remedy In 1983 Actions-Burton V. Cascade School District Union High School No. 5

BYU Law Review

No abstract provided.

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Residential Mortgage Lending: Charting A Course Through The Regulatory Maze, William F. Earthman May 1976

Residential Mortgage Lending: Charting A Course Through The Regulatory Maze, William F. Earthman

Vanderbilt Law Review

One specific issue addressed by this symposium is the practice of "redlining." If what is meant by "redlining" is discrimination in residential mortgage lending, I am certainly opposed to such a practice. If, however, what is meant by "redlining" is the consideration and analysis of the effect of the surrounding neighborhood on the property which secures a particular residential mortgage loan, then there are other problems which must be addressed and focused upon. It has been stated that a lender redlines a specific geographic area located within the larger geographic area normally serviced by that lender when the lender refuses …

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School Desegregation -- Failure To Revamp Segregated School District Attenuates The Milliken V. Bradley Barrier To Federal Interdistrict Remedies United States V. Missouri, 515 F.2d 1365 (8th Cir.), Cert. Denied, 96 S. Ct. 374 (1975), James C. Smith May 1976

School Desegregation -- Failure To Revamp Segregated School District Attenuates The Milliken V. Bradley Barrier To Federal Interdistrict Remedies United States V. Missouri, 515 F.2d 1365 (8th Cir.), Cert. Denied, 96 S. Ct. 374 (1975), James C. Smith

Scholarly Works

Kinloch School District, small and all-black, adjoins the predominantly white Berkeley and Ferguson-Florissant School Districts in St. Louis County, Missouri. Kinloch and Berkeley had comprised one district until 1937, when they split along racial lines. In 1971 the United States, pursuant to Title IV of the Civil Rights Act of 1964 and the fourteenth amendment, commenced a school desegregation action against the State of Missouri, the State and county boards of education, the three school districts, and several public officials. The district court concluded that all the defendants had unlawfully maintained Kinloch as a racially segregated school district. After reviewing …

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Book Review, R. Lawrence Ashe, Jr., Donald R. Stacy Apr 1976

Book Review, R. Lawrence Ashe, Jr., Donald R. Stacy

Vanderbilt Law Review

This volume appears at first blush to fall into a freshet of recent writings on the limits of our capacity for effective social engineering. Among these writings are Daniel Patrick Moynihan's Maximum Feasible Misunderstanding, James Q. Wilson's Thinking About Crime, and James S. Coleman's qualifying affidavit in the Boston School case and subsequent articles. Upon full reading, however, Professor Glazer's attack is seen to be directed more at the dubious moral mandate for group statistical preferences than at their evidently doubtful impact on the social problems at which they have been aimed.

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V. Civil Rights Mar 1976

V. Civil Rights

Washington and Lee Law Review

No abstract provided.

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Appropriate Defenses To Damage Actions For Discrimination Under Sections 1981 And 1982 Mar 1976

Appropriate Defenses To Damage Actions For Discrimination Under Sections 1981 And 1982

William & Mary Law Review

No abstract provided.

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The Inadequacy Of Judicial Remedies In Cases Of Exclusionary Zoning, Michigan Law Review Mar 1976

The Inadequacy Of Judicial Remedies In Cases Of Exclusionary Zoning, Michigan Law Review

Michigan Law Review

This Note presents and evaluates the possible judicial responses to cases, like Mount Laurel, that involve challenges to entire zoning ordinances on exclusionary grounds. It argues that pragmatic and legal difficulties militate against any judicial imposition of affirmative relief not tailored to specific tracts of land and suggests that the most effective resolution of the problems confronted by low-income housing advocates lies in comprehensive legislative programs.

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Schools And School Officials--Liability To Students For Civil Rights Violations, Darwin Thomas Feb 1976

Schools And School Officials--Liability To Students For Civil Rights Violations, Darwin Thomas

West Virginia Law Review

No abstract provided.

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Illusion And Contradiction In The Quest For A Desegregated Metropolis, Henry Mcgee Jan 1976

Illusion And Contradiction In The Quest For A Desegregated Metropolis, Henry Mcgee

Faculty Articles

A decade of litigation in which the central issue of discrimination essentially was uncontested thus far has failed to disestablish racial segregation or produce desperately needed low-income housing for Chicago blacks. Recently, the unconcluded litigation has produced a unanimous United States Supreme Court decision exposing suburban racial sanctuaries to the possibility of integrated public housing units. Although the first-named plaintiff in the suit, Dorothy Gautreaux, did not survive the decision, the extent of her posthumous triumph is the central theme of this article. Although Gautreaux superficially indicates that a federal judge has the power to desegregate federally subsidized housing and …

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1976 Supplement, Constitution, State Of Missouri, 1945 Jan 1976

1976 Supplement, Constitution, State Of Missouri, 1945

Missouri Constitutional Sections Related to Race and Education

No abstract provided.

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Tailoring Guardianship To The Needs Of Mentally Handicapped Citizens, Barbara A. Cohen, Barbara Oosterhout, Susan P. Leviton Jan 1976

Tailoring Guardianship To The Needs Of Mentally Handicapped Citizens, Barbara A. Cohen, Barbara Oosterhout, Susan P. Leviton

Faculty Scholarship

No abstract provided.

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Recent Decisions, Phoebe A. Haddon Jan 1976

Recent Decisions, Phoebe A. Haddon

Faculty Scholarship

No abstract provided.

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Medical Data Privacy: Automated Interference With Contractual Relations, John J. Fargo Jan 1976

Medical Data Privacy: Automated Interference With Contractual Relations, John J. Fargo

Buffalo Law Review

No abstract provided.

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Between Unfitness And Commitment: Difficulties In The Disposition Of Unfit Defendants In Illinois, 9 J. Marshall J. Prac. & Proc. 905 (1976), Kevin Murnighan Jan 1976

Between Unfitness And Commitment: Difficulties In The Disposition Of Unfit Defendants In Illinois, 9 J. Marshall J. Prac. & Proc. 905 (1976), Kevin Murnighan

UIC Law Review

No abstract provided.

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Equal Protection And Criminal Sentencing: Legal And Policy Considerations, Mark Berger Jan 1976

Equal Protection And Criminal Sentencing: Legal And Policy Considerations, Mark Berger

Faculty Works

No abstract provided.

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Proportional Representation By Race: The Constitutionality Of Benign Racial Redistricting, Michigan Law Review Jan 1976

Proportional Representation By Race: The Constitutionality Of Benign Racial Redistricting, Michigan Law Review

Michigan Law Review

Wilson raises two questions that are basic to the use of "benign" racial classifications in drawing legislative districts. First, is there a constitutional right to proportional representation and, second, if there is no such right, are there circumstances under which a scheme devised to provide proportional representation is constitutionally permissible. This Note will demonstrate that, while the Supreme Court recognizes the constitutional right of each individual to participate on an equal basis in the community's political process and to enjoy an undiluted vote, it denies any constitutional right of groups to proportional political representation. It will then show that the …

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The Frontiers Of The Federal Mandamus Statute, Bruce Comly French Jan 1976

The Frontiers Of The Federal Mandamus Statute, Bruce Comly French

Villanova Law Review (1956 - )

No abstract provided.

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Sex Discrimination In Athletics, Joan Ruth Kutner Jan 1976

Sex Discrimination In Athletics, Joan Ruth Kutner

Villanova Law Review (1956 - )

No abstract provided.

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Recent Developments, Various Editors Jan 1976

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

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Recent Developments, Various Editors Jan 1976

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

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A Prolegomena To Reviving The Civil Rights Act Of 1866: White Standing Under Section 1981 - A Federal Common Law Right To Contract, Allen E. Shoenberger Jan 1976

A Prolegomena To Reviving The Civil Rights Act Of 1866: White Standing Under Section 1981 - A Federal Common Law Right To Contract, Allen E. Shoenberger

Loyola University Chicago Law Journal

No abstract provided.

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Urban Housing Finance And The Redlining Controversy, Daniel F. Reidy Jan 1976

Urban Housing Finance And The Redlining Controversy, Daniel F. Reidy

Cleveland State Law Review

This note will focus upon three basic issues raised by the redlining controversy: first, whether or not redlining is in fact occurring; second, the role of government through legislation and regulatory agencies; third, emerging areas of litigation.

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Elimination Of Arbitrary Automobile Stops: Theory And Practice, Gary D. Stumpp Jan 1976

Elimination Of Arbitrary Automobile Stops: Theory And Practice, Gary D. Stumpp

Fordham Urban Law Journal

The authority of the police to enforce the statutory restrictions governing vehicle and traffic laws has often been considered to be concomitant with a right to stop motorists arbitrarily to determine their compliance. Recently, some courts have eroded this power, to protect the constitutional rights guaranteed to individuals under the fourth amendment. In their consideration of these arbitrary automobile stops, the courts have utilized a balancing process. They consider the state interest in promoting public safety on the highways through the guaranteed enforcement of the relevant laws, as well as the duty of the police to detect and control crime. …

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The Reach Of 42 U.S.C. 1985(3): Sex Discrimination As A Gauge, Kevin E. Irwin Jan 1976

The Reach Of 42 U.S.C. 1985(3): Sex Discrimination As A Gauge, Kevin E. Irwin

Cleveland State Law Review

In 1971 the United States Supreme Court held in Griffin v. Breckenridge that 42 U.S.C. § 1985(3) could be used against private citizens who conspired to deprive others of their civil rights. The Supreme Court found that Congress had originally intended for the statute to reach the actions of private citizens, and that Congress had the authority to reach such activity under the thirteenth amendment and the constitutionally protected right to travel. In so holding, however, the Court offered no indication of how future claims arising under the statute would be adjudicated in fact situations unlike the unique one encountered …

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Toward Equal Delivery Of Municipal Services In The Central Cities, Kenneth W. Bond Jan 1976

Toward Equal Delivery Of Municipal Services In The Central Cities, Kenneth W. Bond

Fordham Urban Law Journal

Urban living has become inevitable for most Americans in central cities and government assistance has risen steadily to help the masses crowded in the urban complex. Legislation has been aimed at equalizing the opportunity for employment, decent housing, voting, education, basic social welfare, and a host of other concerns considered elemental for the fulfillment of the “American dream.” Until recently, the courts have been slow to act affirmatively to remedy the inequities related to the enforcement of such legislation. Recent cases suggest an attitude of benign complacency in the Supreme Court, allowing it to ignore critical socio-economic problems in the …

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Selecting A Remedy For Private Racial Discrimination: Statutes In Search Of Scope, John M. Peterson Jan 1976

Selecting A Remedy For Private Racial Discrimination: Statutes In Search Of Scope, John M. Peterson

Fordham Urban Law Journal

Racial discrimination in the United States has been effectively attacked in both the legislatures and the courts for over a hundred years. Enslavement of blacks in the American South prompted adoption of the thirteenth amendment and the Reconstruction Civil Rights Acts enacted pursuant to the amendment’s enabling clause. These laws sought primarily to elevate the status of the black freedman by granting him rights equal to those enjoyed by white citizens. The most far-reaching of these statutes is 42 U.S.C. § 1981, derived from the Civil Rights Act of 1866, which insures to all persons the same right to make …

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