Law Commons^™

A Guide To Pennsylvania Delinquency Law, Leonard Packel

Villanova Law Review (1956 - )

No abstract provided.

Civil Rights - State Executive Officials Afforded Qualified Immunity From Liability In Suits Maintained Under Section 1983, Steven E. Bernstein

Villanova Law Review (1956 - )

No abstract provided.

Lead-Based Paint Poisoning: Remedies For The Hud Low-Income Homeowner When Neglect Is No Longer Benign, Thomas P. Sarb

University of Michigan Journal of Law Reform

Lead-based paint poisoning is a completely preventable disease which particularly afflicts young children living in deteriorating areas of the cities. It is caused by the ingestion of paint chips containing significant amounts of lead that have fallen or been picked off ceilings, floors, and woodwork of older houses. Repeated ingestion of such paint chips can lead to mental retardation, permanent impairment of intellectual ability, cerebral palsy, and blindness. Every year at least 400,000 children show some effect of lead poisoning; 50,000 of them need treatment; and 200 children die of the disease. The early symptoms of lead poisoning are changes …

Rape In Illinois: A Denial Of Equal Protection, 8 J. Marshall J. Prac. & Proc. 457 (1975), Sharon Maloney

UIC Law Review

No abstract provided.

Metropolitan Housing Development Corp. V. Village Of Arlington Heights: A New Discriminatory Effect In Zoning, 9 J. Marshall J. Prac. & Proc. 533 (1975), Sally Mengo

UIC Law Review

No abstract provided.

Forest City Enterprises, Inc. V. City Of Eastlake: Zoning Referenda And Exclusionary Zoning, Frank J. Kundrat Jr., Stephen Bond

Cleveland State Law Review

In the recent Ohio Supreme Court decision of Forest City Enterprises, Inc. v. City of Eastlake, the court stated a new principle of law in the area of referendum zoning: A municipal charter provision, which requires that any ordinance changing land use be ratified by the voters in a city-wide election, constitutes an unlawful delegation of legislative power, in violation of the due process clause of the Fourteenth Amendment to the United States Constitution. The court was, however, far from convincing either in terms of distinguishing the prior law of referendum zoning or in demonstrating the applicability of their conclusion …

O'Connor V. Donaldson: The Death Of The Quid Pro Quo Argument For A Right To Treatment, Thomas P. Bliss

Cleveland State Law Review

On June 26, 1975, the Supreme Court was confronted with the controversial issue of whether there is a constitutionally guaranteed right to treatment for nondangerous persons who have been involuntarily and civilly committed to mental institutions. The Court avoided this long advocated issue and created the potential for future litigation by holding that a state cannot constitutionally confine a nondangerous individual solely for custodial care if such person can live safely in the outside world, without a finding of more than mere mental illness. This comment will discuss the decision in terms of the most volatile and frequently urged constitutional …

Note: Going Public With Discriminating Private Clubs, Tina L. Wellner

Fordham Urban Law Journal

The United States Supreme Court has frequently expressed the notion that private clubs have a right to discriminate in cases such as Moose Lodge No. 107 v. Irvis, amongst others. This Note examines post-Moose Lodge case law and theories to determine when exclusion, despite abridgement of associational rights, becomes illegal discrimination. In addition, it proposes new theories and laws to deal with discrimination by private clubs, including continued and expanding use of administrative procedures.

Religious Discrimination In Employment: The 1972 Amendment -- A Perspective, John D. Dadakis, Thomas M. Russo

Fordham Urban Law Journal

This Note evaluates the effect of the 1972 amendment to the Civil Rights Act, which clarifies that the term "religion" includes "belief" as well as practices and actions based on the belief, and requires reasonable accommodation to the employee's religious needs unless the employer can show that an undue hardship is thereby imposed on his business. The Note determines whether the amendment has resulted clarification of the law governing religious discrimination. It focuses on three key terms in the amendment: religion, reasonable accommodation, and undue hardship. Finally, it considers the problem of employees whose beliefs preclude their membership in labor …

The Problem Of Reconciling The Contradictory Goals Of Efficiency, Equity, Humanity, William W. Van Alstyne

Popular Media

No abstract provided.

Kahn V. Shevin And The "Heightened Rationality Test": Is The Supreme Court Promoting A Double Standard In Sex Discrimination Cases?

Washington and Lee Law Review

No abstract provided.

Redlining Practices, Racial Resegregation, And Urban Decay: Neighborhood Housing Services As Viable Alternative, Marcia Duncan, Edwin T. Hood, James L. Neet

Faculty Works

No abstract provided.

Civil Rights By Default, Barbara Kaye Besser, Charles Guerrier

Cleveland State Law Review

It is the intention of this article to discuss the existing devices available to the Ohio Civil Rights Commission to compel a respondent to provide the relevant factual information requested; to point out the inadequacies of these procedures; and to propose an additional method to effectuate a speedy resolution of the controversies before the Ohio Civil Rights Commission.

Pioneering Approaches To Confront Sex Bias In Housing, Betsey Friedman

Cleveland State Law Review

This Note will be a national review of the past experiences with and potential action in the area of sex discrimination in residential real estate transactions. Emphasis will be on sex discrimination in the rental of real property, with a brief review of the more commonly acknowledged problem of credit discrimination in home sale financing. The present suitability of available state remedies will be discussed, with an analysis of the charges filed. And, the emergence of Fair Housing Act racial litigation will be explored, with a view towards its application in sex discrimination housing cases.

Employer Racial Discrimination: Reviewing The Role Of The Nlrb, Lawrence F. Doppelt

University of Michigan Journal of Law Reform

The NLRB and various commentators rely upon three basic legal arguments in rejecting this interpretation: first, the EEOC, and not the NLRB, is the sole and proper agency for litigating racial issues; second, employer racial discrimination does not interfere with the protected rights of employees under the Act, and third, it is not, and never was, Congress' intent in passing the Act to bring racial discrimination within its purview. Unquestionably, each of these legal arguments has, or at some time had, surface appeal, and, at one time, considerable force. The great mass of legal commentary supports at least one of …

The Michigan Abortion Refusal Act, G. Michael White

University of Michigan Journal of Law Reform

Since the United States Supreme Court handed down the landmark decisions of Roe v. Wade andDoe v. Bolton, which placed constitutional limitations, on state regulation of abortions, efforts have been made on the federal and state levels to blunt the effect of those cases. One prevalent reaction has been the enactment of state "conscience clause" legislation, such as the Michigan Abortion Refusal Act, which seeks to extend to all hospitals the right to refuse admission of abortion patients. This legislative note will consider whether the Michigan conscience clause is legally necessary to ensure the right it seeks to …

Presumption Of Dependence In Workers' Compensation Death Benefits As A Denial Of Equal Protection, A. Russell Localio

University of Michigan Journal of Law Reform

This note will examine the sex bias prevalent in many workers' compensation statutes and the constitutionality of these statutes in light of recent Supreme Court decisions on sex discrimination. After this examination, alternative methods for effecting reform of the sex-biased death benefit provisions will be analyzed.

Constitutional Law-Civil Rights-Absent State Involvement, Right Of Association Not Protected By 42 Usc § 1985(3)

University of Richmond Law Review

42 U.S.C. § 1985(3) was enacted' to curtail the Ku Klux Klan's terrorist activities in the South by prohibiting conspiracies to deprive any person "of the equal protection of the laws, or of equal privileges and immunities under the laws. . . ." From its inception, the major controversy has concerned whether the statute requires an element of state action. The first judicial statement construed the statute as reaching only conspiracies carried out under color of state law. Twenty years later, a unanimous Supreme Court found the statute to "fully encompass the conduct of private persons" attempting to deprive an …

Civil Rights-Corporate Directors Held Personally Liable For Intentional Racial Discrimination Despite Due Diligence To Know The Law

University of Richmond Law Review

In 1968, the Supreme Court resurrected section 1 of the Civil Rights Act of 1866 [now 42 U.S.C. §§ 19812 and 19823 (1970)] and held that section 1982 prohibits private as well as public racial discrimination in the sale or rental of property. The question of whether damages are recoverable for violations of section 1982 was then left undecided but was subsequently answered in the affirmative. A similar cause of action has been recognized under section 1981 to compensate for private racial discrimination in the formulation and enforcement of contracts. The issue presented in Tillman v. Wheaton-Haven Recreation Association was …

The Constitutionality Of The 1972 Amendment To Title Vii's Exemption For Religious Organizations, Michigan Law Review

Michigan Law Review

This note will examine the constitutionality of the title VII exemption for religious associations, focusing on the extent to which the exemption is required by the free exercise clause and the extent to which it must be limited to avoid conflict with the establishment clause. The religion clauses will be considered solely in the context of the private business sector; this note will not consider the possibility that the establishment clause would require a narrower exemption for a quasi-public institution, such as a broadcast licensee or a religious association receiving public funds.

Black Lawyers And Corporate And Commercial Practice: Some Unfinished Business Of The Civil Rights Movement, John T. Baker

Articles by Maurer Faculty

No abstract provided.

Clarence Brown V. General Service Administration, Edward F. Sherman

Articles by Maurer Faculty

No abstract provided.

After Defunis: Filling The Constitutional Vacuum, Robert M. O'Neil

Articles by Maurer Faculty

No abstract provided.

School Desegregation In Richmond: A Case History, Gary C. Leedes, James M. O'Fallon

University of Richmond Law Review

The story of judicially administered school desegregation in Richmond is the story of Bradley v. School Board of the City of Richmond. It began modestly with a district court decree which granted the individual claims of ten named plaintiffs but denied injunctive relief to the class. Eleven years later it approached landmark status, with a district court decree directing consolidation of the Richmond schools with those of surrounding Henrico and Chesterfield counties. However, the landmark was not to be. The Fourth Circuit reversed the district court's decree, and an evenly divided Supreme Court affirmed by default. Richmond was left in …

Racial Preferences In Higher Education: Political Responsibility And The Judicial Role, Terrance Sandalow

Articles

Controversy continues unabated over the question left unresolved by DeFunis v. Odegaard: whether in its admissions process a state law school may accord preferential treatment to certain racial and ethnic minorities. In the pages of two journals published by the University of Chicago, Professors John Hart Ely and Richard Posner have established diametrically opposed positions in the debate. Their contributions are of special interest because each undertakes to answer the question within the framework of a theory concerning the proper distribution of authority between the judiciary and the other institutions of government. Neither position, in my judgment, adequately confronts the …

The Realities Of Prisoners' Cases Under 42 U.S.C. § 1983: A Statistical Survey In The Northern District Of Illinois, William S. Bailey

Articles

The purpose of this article is to examine how prisoner section 1983 claims are treated, on a day to day basis, in the United States District Court for the Northern District of Illinois. To this end, all of the available prisoner section 1983 cases filed in the Northern District of Illinois Eastern Division in the years 1971 and 1973 have been reviewed. This material provides the data base for an analysis of the following issues: the veracity of the burden on the courts argument; the variations in the level of consideration given to different categories of prisoner section 1983 claims; …

Sovereign Immunity In A Constitutional Government: The Federal Employment Discrimination Cases, Charles F. Abernathy

Georgetown Law Faculty Publications and Other Works

Very early in our history we took steps to insure that the.rule of law, as expressed in the Constitution, would prevail over the mortals who run our government. Yet even as the concepts of rule of law and judicial review came into ascendancy, we also harbored the sovereign immunity doctrine as a restraint on judicial power and as an apparent repudiation of the rule of law.

The inherent antagonism between the rule of law and the sovereign immunity doctrine has produced much mischief in our courts...this Article will argue that the sovereign immunity doctrine is not anticonstitutional, but rather reflects …

Non-Conforming Political Opinion And Human Rights: Transnational Protection Against Discrimination, Myers Mcdougal, Harold Lasswell, Lung-Chu Chen

Articles & Chapters

No abstract provided.

The Protection Of Respect And Human Rights: Freedom Of Choice And World Public Order, Myers Mcdougal, Harold Lasswell, Lung-Chu Chen

Articles & Chapters

No abstract provided.

Human Rights For Women And World Public Order: The Outlawing Of Sex-Based Discrimination, Myres Mcdougal, Harold Lasswell, Lung-Chu Chen

Articles & Chapters

No abstract provided.