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Articles 1 - 6 of 6
Full-Text Articles in Law
Title Vii And Nlra: Protection Of Extra-Union Opposition To Employment Discrimination, Michigan Law Review
Title Vii And Nlra: Protection Of Extra-Union Opposition To Employment Discrimination, Michigan Law Review
Michigan Law Review
Title VII of the 1964 Civil Rights Act guarantees freedom from employment discrimination based on race, religion, sex, or national origin and establishes remedial procedures for aggrieved employees. A nondiscrimination clause in a collective bargaining agreement may also protect employees from discriminatory treatment; typically, the contract will also contain grievance machinery through which the employee, with the aid of his union, can present his complaint. The question remains: When both title VII and contract grievance procedures are available, can an individual employee or a group of employees take direct action against an allegedly discriminatory employer independently of the union and …
Beyond The Eye Of The Beholder: Aesthetics And Objectivity, Michigan Law Review
Beyond The Eye Of The Beholder: Aesthetics And Objectivity, Michigan Law Review
Michigan Law Review
The term "aesthetic legislation," as used in this Note, refers only to legislation that bears upon the visual character of the physical environment, rather than to legislation on problems of noise and odor. The legal system has handled problems of the latter sort much better; only the sense of sight has been left unprotected. Perhaps one reason for its neglect is that in order to make an area visually pleasing positive programs, such as zoning, must be used, as well as passive prohibitions of such noxious uses as billboards. Noise and odor problems, which can be resolved by prohibitions alone, …
Segregation Of Poor And Minority Children Into Classes For The Mentally Retarded By The Use Of Iq Tests*, Michigan Law Review
Segregation Of Poor And Minority Children Into Classes For The Mentally Retarded By The Use Of Iq Tests*, Michigan Law Review
Michigan Law Review
This Comment deals with the inadequacies of IQ tests as devices for identifying those children who are to be relegated to classes for the mentally retarded and with the constitutional ramifications of these inadequacies. The present use of standardized tests may violate due process and equal protection guarantees. Additionally, certain procedural due process requirements, heretofore ignored in this context, may apply to the placement process.
Judicial Review And Discrimination In Federally Assisted Housing: The Enforcement Of Title Vi, Barry M. Block
Judicial Review And Discrimination In Federally Assisted Housing: The Enforcement Of Title Vi, Barry M. Block
University of Michigan Journal of Law Reform
Section 602 of the Act was enacted to enable federal agencies to enforce this policy, and it authorizes them to issue rules and regulations which, while consistent with the objectives of the program authorizing the assistance, effectuate the provisions of Section 601. To enforce these regulations, an agency may terminate assistance to noncomplying programs, or use any other means authorized by law.
Minimum Wages For Prisoners: Legal Obstacles And Suggested Reforms, James J. Maiwurm, Wendy S. Maiwurm
Minimum Wages For Prisoners: Legal Obstacles And Suggested Reforms, James J. Maiwurm, Wendy S. Maiwurm
University of Michigan Journal of Law Reform
The growing literature on prisoners' rights has not yet focused on inmates' demands for minimum wages and the justification for such demands. This article explains why statutory minimum wage coverage should be extended to inmates, discusses the judicial treatment of prison labor and the minimum wage question, advocates adoption of legislation now pending in Congress, and suggests further legislative reform necessary to implement the minimum wage proposal. Many conditions in our prison system are undoubtedly more harmful and degrading than lack of meaningful wages. This article focuses on only one feasible reform, not on the priorities of prison reform in …
Legal Rights In A Juvenile Correctional Institution, Matthew L. Myers
Legal Rights In A Juvenile Correctional Institution, Matthew L. Myers
University of Michigan Journal of Law Reform
This article focuses on the effect on juvenile correctional institutions of the erosion of the "hands-off" doctrine and the introduction of procedural safeguards in the juvenile justice system. In so doing, the article examines the difficulties inherent in any attempt to reform institutional practices and procedures to accommodate the goals of the juvenile correctional model. In the juvenile context, the extent to which fundamental rights need or may be abrogated to allow the institution freedom to rehabilitate and treat its inmates is crucial. Therefore, this article examines three areas involving fundamental constitutional rights: imposition of punitive segregation, freedom of communication, …