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Applicability Of Federal Antidiscrimination Legislation To The Selection Of A Law Partner, Michigan Law Review
Applicability Of Federal Antidiscrimination Legislation To The Selection Of A Law Partner, Michigan Law Review
Michigan Law Review
The decision by the members of a law partnership to invite an associate of the firm to become a partner involves careful consideration of the associate's qualifications. Recently some associates who have been denied advancement to partnership have alleged improper consideration of religion, national origin, or sex in the partner selection process. There are, of course, practical difficulties in proving discrimination in the subjective context of partnership selection. Assuming clear evidence of such discrimination, this Note addresses the question whether an associate may invoke the protection of federal antidiscrimination legislation.
Retirement Communities: The Nature And Enforceability Of Residential Segregation By Age, Mary Doyle
Retirement Communities: The Nature And Enforceability Of Residential Segregation By Age, Mary Doyle
Michigan Law Review
Although age segregation in retirement communities can be established in a variety of ways, the Article focuses primarily on age-restrictive zoning ordinances, the method most directly involving governmental action. The Article first considers those persons adversely affected by age-restrictive retirement communities and suggests that potential plaintiffs may be divided into three classes-neighboring property owners whose land values are affected by the establishment of a retirement community, those excluded from such a community solely by virtue of ·their age, and those excluded or potentially excluded because of the age of persons with whom they choose to live. Next, the constitutional arguments …
Developing "Tort" Standards For The Award Of Mental Distress Damages In Statutory Discrimination Actions, Harold J. Rennett
Developing "Tort" Standards For The Award Of Mental Distress Damages In Statutory Discrimination Actions, Harold J. Rennett
University of Michigan Journal of Law Reform
The relation between tort remedies and discrimination has been examined extensively, yet there has been little consideration of this relationship with respect to appropriate evidentiary standards for the award of mental distress damages in discrimination cases. This article will consider such standards. After briefly tracing the history of mental distress award standards in discrimination cases, this article will critically examine present compensatory approaches in such cases and suggest an alternative philosophy more consonant with tort compensation principles.
Aliens And Equal Protection: Why Not The Right To Vote?, Gerald M. Rosberg
Aliens And Equal Protection: Why Not The Right To Vote?, Gerald M. Rosberg
Michigan Law Review
A constitutional right of at least some aliens to vote does not seem to me at all unthinkable. Throughout much of the nineteenth century and part of the twentieth, aliens enjoyed the right to vote in a great many states. The states that extended the franchise to aliens plainly did not believe that they were acting under constitutional compulsion. But given our present understanding of the mission of the equal protection clause, much can now be said in defense of such a constitutional right. My purpose here is to outline the case that might be made for the right of …
Illegitimates And Equal Protection, David Hallissey
Illegitimates And Equal Protection, David Hallissey
University of Michigan Journal of Law Reform
Illegitimates often have been discriminated against by legislatures in the enactment of statutes, as well as by courts which have sanctioned such legislation. This article will examine the judicial response to legislative treatment of the illegitimate in social insurance, loss compensation, and intestacy statutes. Emphasizing the Supreme Court's analysis of the legal status of illegitimates in terms of the equal protection clause, it will also discuss how the principle of equal protection may be applied in order to reduce the number of illegitimates denied the benefit and protection of the law.