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Articles 1 - 11 of 11
Full-Text Articles in Law
Standards Of Proof In Section 274b Of The Immigration Reform And Control Act Of 1986, Carlos A. Gonzalez
Standards Of Proof In Section 274b Of The Immigration Reform And Control Act Of 1986, Carlos A. Gonzalez
Vanderbilt Law Review
On November 6, 1986, President Reagan signed into law the Immigration Reform and Control Act (IRCA), proclaiming it to be the most difficult legislative undertaking in the previous three Congresses. The Act's controversial centerpiece provides for sanctions against employers who knowingly hire, recruit, or refer for a fee undocumented aliens. While these sanctions were heralded as the most comprehensive reform in immigration law in over thirty years, opposition to them in Congress and among civil rights organizations was strong. These groups feared that employers seeking to avoid sanctions would discriminate in employment against Hispanics, Asians, and other ethnically or racially …
Reconceiving The Ninth Amendment , Randy E. Barnett
Reconceiving The Ninth Amendment , Randy E. Barnett
Cornell Law Review
No abstract provided.
"Evans V. Jeff D." : Putting Private Attorneys General On Waiver, Randy M. Stedman
"Evans V. Jeff D." : Putting Private Attorneys General On Waiver, Randy M. Stedman
Vanderbilt Law Review
Prior to the Supreme Court's 1986 decision in Evans v. Jeff D.,fervent debate centered on the practice of simultaneously negotiating settlement on the merits and the award of attorney's fees in civil rights cases. Reasonable attorney's fees for prevailing plaintiffs in civil rights cases are provided at the discretion of the court under section 1988 of the Civil Rights Attorney's Fees Award Act of 1976' (the Fees Act).Sparked largely by the Third Circuit's rejection of the practice of simultaneous negotiations in Prandini v. National Tea Co., wide commentary on the practice soon followed the Fees Act's passage.
Critics of simultaneous …
The Continuing Violation Theory And Systemic Discrimination: In Search Of A Judicial Standard For Timely Filing, Thelma A. Crivens
The Continuing Violation Theory And Systemic Discrimination: In Search Of A Judicial Standard For Timely Filing, Thelma A. Crivens
Vanderbilt Law Review
Title VII of the Civil Rights Act of 19641 is one of the most effective federal anti-discrimination statutes in employment discrimination law. Enforcement of this statute has eliminated discriminatory acts directed at individual victims as well as discriminatory policies and practices directed at groups that traditionally have been victims of discrimination. The effectiveness of Title VII in eliminating employment policies that restrict opportunities for a group or class of employees (referred to as systemic discrimination) has been particularly important because of the economic, psychological, and social consequences that this discrimination has on members of the group as a whole. Also, …
Importance Of Section 1981, Theodore Eisenberg, Stewart Schwab
Importance Of Section 1981, Theodore Eisenberg, Stewart Schwab
Cornell Law Review
No abstract provided.
People's Republic Of China: The Human Rights Exception, Roberta Cohen
People's Republic Of China: The Human Rights Exception, Roberta Cohen
Maryland Series in Contemporary Asian Studies
No abstract provided.
Does The Tax Injunction Act Of 1937 Affect State Court Jurisdiction Over State Tax Challenges Under Section 1983 Of The Civil Rights Act Of 1871?
Washington and Lee Law Review
No abstract provided.
Stirring The Ashes: Race Class And The Future Of Civil Rights Scholarship, Fran Ansley
Stirring The Ashes: Race Class And The Future Of Civil Rights Scholarship, Fran Ansley
Scholarly Works
No abstract provided.
Rationality - And The Irrational Underinclusiveness Of The Civil Rights Laws, Peter Brandon Bayer
Rationality - And The Irrational Underinclusiveness Of The Civil Rights Laws, Peter Brandon Bayer
Scholarly Works
Congress has enacted a series of civil rights laws designed to protect individuals from public an private forms of irrational discrimination. To be lawful, such civil rights statutes must conform with the definition of rationality required by the Fifth and Fourteenth Amendments. Yet, in one fashion, these statutes are as irrational as the behavior they seek to control. The statutes protect only certain classes of individuals in limited instances. This article argues that the existing civil rights laws, although integral to a free society, are but a first step. The statute will never be fully rational, never completely fair, until …
The Preiser Puzzle: Continued Frustrating Conflict Between The Civil Rights And Habeas Corpus Remedies For State Prisoners, Martin A. Schwartz
The Preiser Puzzle: Continued Frustrating Conflict Between The Civil Rights And Habeas Corpus Remedies For State Prisoners, Martin A. Schwartz
Scholarly Works
No abstract provided.
Toward Domestic Recognition Of A Human Right To Language, Bill Piatt
Toward Domestic Recognition Of A Human Right To Language, Bill Piatt
Faculty Articles
There is no clearly defined “right to language” in the United States. Yet, there do exist sources of such a right. For example, a constitutionally protected right to express oneself or receive communications in a language other than English is supported by a number of federal court decisions. Further, there may be a first amendment right to receive broadcast programming in languages other than English, and some federal statutes even provide a guarantee of the exercise of language rights in a number of public and civic contexts.
In spite of these sources for a right to language, it is an …