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Articles 1 - 11 of 11
Full-Text Articles in Law
Preferential Remedies For Employment Discrimination, Harry T. Edwards, Barry L. Zaretsky
Preferential Remedies For Employment Discrimination, Harry T. Edwards, Barry L. Zaretsky
Michigan Law Review
A basic thesis of this article is that much of the current concern about alleged "reverse discrimination" in employment ignores the reality of the situation. In Part I it will be contended that although color blindness is a laudable long-run objective, it alone will not end discrimination; thus, it will be argued that some form of "color conscious" affirmative action must be employed in order to achieve equal employment opportunity for minorities and women. The most effective form of affirmative action is temporary preferential treatment, and it will be asserted in Part II that such relief can be justified under …
Robert M. O'Neil's Discriminating Against Discrimination: A Review, Karen Ruse Strueh
Robert M. O'Neil's Discriminating Against Discrimination: A Review, Karen Ruse Strueh
IUSTITIA
It is difficult these days to find anyone who will deny that racial minorities have been discriminated against in the area of educational opportunities. Few will deny the desirability of enhancing these opportunities and increasing the number of minority persons in the various professions. But very few will agree on the means that are appropriate to accomplish this desirable end. Robert O'Neil has tackled the awesome task of pinpointing and evaluating the policy considerations that affect the tough choices involved in formulating standards for admissions to professional school programs that will promote academic quality but at the same time allow …
The Burden Of Brown On Blacks: History-Based Observations On A Landmark Decision, Derrick A. Bell Jr.
The Burden Of Brown On Blacks: History-Based Observations On A Landmark Decision, Derrick A. Bell Jr.
North Carolina Central Law Review
No abstract provided.
Immunity Under 42 U.S.C. Section 1983, Ernest B. Fullwood
Immunity Under 42 U.S.C. Section 1983, Ernest B. Fullwood
North Carolina Central Law Review
No abstract provided.
Rural Land Banking: The Canadian Experience, John Mcclaughry
Rural Land Banking: The Canadian Experience, John Mcclaughry
North Carolina Central Law Review
No abstract provided.
Benign Discrimination In Employment Viewed As Protection Of The Restitution Interest Of Minority Persons, Jack H. Glymph
Benign Discrimination In Employment Viewed As Protection Of The Restitution Interest Of Minority Persons, Jack H. Glymph
North Carolina Central Law Review
No abstract provided.
The Protection Of Respect And Human Rights: Freedom Of Choice And World Public Order, Myers Mcdougal, Harold Lasswell, Lung-Chu Chen
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.
Metroploitan Desegregation In The Wake Of Milliken--On Losing Big Battles And Winning Small Wars: The View Largely From Within, Robert Allen Sedler
Metroploitan Desegregation In The Wake Of Milliken--On Losing Big Battles And Winning Small Wars: The View Largely From Within, Robert Allen Sedler
Law Faculty Research Publications
No abstract provided.
Employer Racial Discrimination: Reviewing The Role Of The Nlrb, Lawrence F. Doppelt
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 …
Judicial Scrutiny Of "Benign" Racial Preference In Law School Admissions, Kent Greenawalt
Judicial Scrutiny Of "Benign" Racial Preference In Law School Admissions, Kent Greenawalt
Faculty Scholarship
Racial preferences for blacks generate ambivalence in those who care about racial equality and also believe that individuals should be judged "on their own merits." This ambivalence is reflected in divergent "equal protection" values, the value of eliminating barriers to equality imposed on minority groups and that of distributing the burdens and benefits of social life without reference to arbitrary distinctions. It is hardly surprising, therefore, that after Marco DeFunis, Jr. challenged the constitutionality of racial preferences for admission to a state law school, the Supreme Court's resolution of the issue was awaited with intense interest and some trepidation. For …
Racial Preferences In Higher Education: Political Responsibility And The Judicial Role, Terrance Sandalow
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 …