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Series

Civil Rights and Discrimination

1991

Institution
Keyword
Publication

Articles 1 - 30 of 54

Full-Text Articles in Law

Racial Discrimination In Business Transactions, Robert E. Suggs Dec 1991

Racial Discrimination In Business Transactions, Robert E. Suggs

Faculty Scholarship

When the Supreme Court invalidated a municipal minority business set-aside in City of Richmond v. J.A. Croson Co., it failed to recognize the special circumstances confronting the minority entrepreneur. Contrary to the Court’s own erroneous assertion that “[s]tates and their local subdivisions have many legislative weapons at their disposal both to punish and prevent present [business] discrimination ….” – they do not. Nor can they create effective antidiscrimination remedies as a practical matter. As a result that decision leaves minority business owners vulnerable to discrimination from other business firms but without a remedy. Part I identifies the glaring failure …


Price Waterhouse, Working Woman Nov 1991

Price Waterhouse, Working Woman

Ann B. Hopkins Papers

No abstract provided.


Operation Rescue - Was The Justice Dept. Right To Intervene In Wichita?, Gary S. Lawson, Celeste Lacy Davis, Eve W. Paul Nov 1991

Operation Rescue - Was The Justice Dept. Right To Intervene In Wichita?, Gary S. Lawson, Celeste Lacy Davis, Eve W. Paul

Faculty Scholarship

Discussion of Operation Rescue attempt to shut down abortion clinic in Wichita, KS in August 1991, and ensuing decision of U.S. District Judge Patrick Kelly, as well as intervention of Justice Department. A debate-style article with "pro" side written by Gary Lawson and "con" side written by C.L. Davis & E.W. Paul.


Senate Approves Civil Rights Bill, 93 To 5, And Gives Up Its Own Exemption, The Washington Post Oct 1991

Senate Approves Civil Rights Bill, 93 To 5, And Gives Up Its Own Exemption, The Washington Post

Ann B. Hopkins Papers

No abstract provided.


Justice Brennan's Gender Jurisprudence, Rebecca Korzec Oct 1991

Justice Brennan's Gender Jurisprudence, Rebecca Korzec

All Faculty Scholarship

During his thirty-four year tenure on the Supreme Court, Justice William Joseph Brennan, Jr. demonstrated unparalleled sensitivity to the protection of individual rights. Justice Brennan's landmark opinions included Baker v. Carr, Goldberg v. Kelly, and New York Times Co. v. Sullivan. before Brennan, Supreme Court jurisprudence exalted judicial passivity by employing techniques for avoiding constitutional issues, such as abstention, comity, exhaustion of remedies and the political question doctrine.

Against this background, Brennan became an active judicial voice in a series of innovative landmark cases, including decisions requiring federal officials to pay damages for violation of citizens' constitutional rights; authorizing federal …


Correspondence: September 3, 1991, Letter To Dr. Saffy From Governor Bill Clinton, Bill Clinton Sep 1991

Correspondence: September 3, 1991, Letter To Dr. Saffy From Governor Bill Clinton, Bill Clinton

Saffy Collection - All Textual Materials

A letter from Bill Clinton regarding making a decision to run for President. The letter is on State of Arkansas, Office of the Governor Letterhead.


The Effects Of Intent: Do We Know How Legal Standards Work?, Theodore Eisenberg, Sheri Lynn Johnson Sep 1991

The Effects Of Intent: Do We Know How Legal Standards Work?, Theodore Eisenberg, Sheri Lynn Johnson

Cornell Law Faculty Publications

No one knows how the intent standard works in racial discrimination cases, though many have speculated. To test the speculation, this study examines how the intent standard actually operates. Its findings cast doubt on whether we really know how any legal standard functions.


Confessions, Criminals, And Community, Sheri Lynn Johnson Jul 1991

Confessions, Criminals, And Community, Sheri Lynn Johnson

Cornell Law Faculty Publications

No abstract provided.


Black, Brown, Poor & Poisoned: Minority Grassroots Environmentalism And The Quest For Eco-Justice, Regina Austin, Michael H. Schill Jul 1991

Black, Brown, Poor & Poisoned: Minority Grassroots Environmentalism And The Quest For Eco-Justice, Regina Austin, Michael H. Schill

Faculty Scholarship at Penn Carey Law

No abstract provided.


Certification And Civil Rights, Carl W. Tobias Jun 1991

Certification And Civil Rights, Carl W. Tobias

Law Faculty Publications

In this 1991 article, Carl Tobias responds to Professor Arthur Miller's suggestion that Federal Rule of Civil Procedure 11 should not be prematurely revised.

"Professor Miller's admonitions may convince some observers, especially those authorized to propose revisions in, or to amend, the Rule that there is little wrong with Rule 11's application and that the federal judiciary simply needs a few more years to refine the implementation of this new concept. Numerous problems, however, remain substantial and some may be intrinsic or even irremediable, while certain litigants, especially civil rights plaintiffs, cannot afford to wait. I trust that Professor Miller's …


The Civil Rights Hydra, Neal Devins May 1991

The Civil Rights Hydra, Neal Devins

Faculty Publications

No abstract provided.


Correspondence: Letter, April 18, 1991, To Dr. Saffy (Version 2), Tommy Hazouri Apr 1991

Correspondence: Letter, April 18, 1991, To Dr. Saffy (Version 2), Tommy Hazouri

Saffy Collection - All Textual Materials

A letter from Mayor Hazouri thanking Dr. Saffy for all the time and energy she put into his re-election campaign. Handwritten note: Edna, You've been great!


Correspondence: Letter, April 18, 1991, To Dr. Saffy, Tommy Hazouri Apr 1991

Correspondence: Letter, April 18, 1991, To Dr. Saffy, Tommy Hazouri

Saffy Collection - All Textual Materials

A letter from Mayor Hazouri thanking Dr. Saffy for all the time and energy she put into his re-election campaign. Handwritten note: Edna - You've been great! My thanks for all your help!


Our First Televised Genocide, Kenneth Lasson Apr 1991

Our First Televised Genocide, Kenneth Lasson

All Faculty Scholarship

It is absolutely appalling that we have come so casually to observe the carnage, so passively to view the starvation over breakfast papers or dinnertime newscasts, so helplessly to watch these totally bereft human beings trudging barefoot over treacherous terrain toward the middle of nowhere.

There are other questions as well, of course, not as easily answered. Where are all their voices now, those demonstrators who so vociferously opposed war, ostensibly out of an overweening reverence for life? Is the latter-day holocaust being systematically perpetrated in northern Iraq any less horrifying than a direct hit on a camouflaged bomb shelter …


Judicial And Adminstrative Enforcement Of Individual Rights Under The National Labor Relations Act And Under The Labor-Management Relations Act Between 1935 And 1990 - An Historical And Empirical Analysis Of Unsettled Intercircuit And Intracircuit Conflicts, Willy E. Rice Apr 1991

Judicial And Adminstrative Enforcement Of Individual Rights Under The National Labor Relations Act And Under The Labor-Management Relations Act Between 1935 And 1990 - An Historical And Empirical Analysis Of Unsettled Intercircuit And Intracircuit Conflicts, Willy E. Rice

Faculty Articles

This Article is concerned with exploring the extent to which both the National Labor Relations Act of 1935 and the Labor-Management Relations Act of 1947 have protected individual employees' rights in administrative and judicial proceedings.


Price Waterhouse Ordered To Admit Plaintiff To Partnership, Ken Heinen Feb 1991

Price Waterhouse Ordered To Admit Plaintiff To Partnership, Ken Heinen

Ann B. Hopkins Papers

No abstract provided.


Equal Protection Minus Strict Scrutiny Plus Benign Classifications Equals? Equality Of Opportunity, Johnny Parker Jan 1991

Equal Protection Minus Strict Scrutiny Plus Benign Classifications Equals? Equality Of Opportunity, Johnny Parker

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.


Toilets As A Feminist Issue: A True Story, Taunya Lovell Banks Jan 1991

Toilets As A Feminist Issue: A True Story, Taunya Lovell Banks

Faculty Scholarship

No abstract provided.


The Annapolis Poll Books Of 1800 And 1804: African American Voting In The Early Republic, David S. Bogen Jan 1991

The Annapolis Poll Books Of 1800 And 1804: African American Voting In The Early Republic, David S. Bogen

Faculty Scholarship

No abstract provided.


Title Vii As Censorship: Hostile Environment Harassment And The First Amendment, Kingsley R. Browne Jan 1991

Title Vii As Censorship: Hostile Environment Harassment And The First Amendment, Kingsley R. Browne

Law Faculty Research Publications

No abstract provided.


Foreword: Racist Speech On Campus, Kingsley R. Browne Jan 1991

Foreword: Racist Speech On Campus, Kingsley R. Browne

Law Faculty Research Publications

No abstract provided.


Doe V. University Of Michigan And Campus Bans On "Racist Speech": The View From Within, Robert A. Sedler Jan 1991

Doe V. University Of Michigan And Campus Bans On "Racist Speech": The View From Within, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.


Thurgood Marshall And The Administrative State, Jonathan Weinberg Jan 1991

Thurgood Marshall And The Administrative State, Jonathan Weinberg

Law Faculty Research Publications

No abstract provided.


The Economics Of Discrimination: The Three Fallacies Of Croson, Martin J. Katz Jan 1991

The Economics Of Discrimination: The Three Fallacies Of Croson, Martin J. Katz

Sturm College of Law: Faculty Scholarship

In Part I, this Note examines the effects of discrimination in the marketplace to suggest a connection between current racial disparities" and past "no-fault" discrimination. Part II demonstrates why race-neutral policies are likely to prove ineffective for reducing these disparities. Finally, Part III argues that competitive, race-conscious affirmative action is unlikely to create a "moral hazard" and that the burden placed on nonminorities by such a program is justifiable.


Flimsy Precedent And Narrow Vision: A Call For Congressional Amendment Of Title Vii And The Ada In Response To Boureslan, Monique C. Lillard Jan 1991

Flimsy Precedent And Narrow Vision: A Call For Congressional Amendment Of Title Vii And The Ada In Response To Boureslan, Monique C. Lillard

Articles

No abstract provided.


Rule 11 Recalibrated In Civil Rights Cases, Carl W. Tobias Jan 1991

Rule 11 Recalibrated In Civil Rights Cases, Carl W. Tobias

Law Faculty Publications

The United States Supreme Court promulgated the 1983 amendments to the Federal Rules of Civil Procedure out of growing concern about abuse of the civil litigation process. The most controversial aspect of the implementation of these revisions has been judicial enforcement of amended Rule 11 (the Rule) in ways that disadvantage or "chill" civil rights plaintiffs and attorneys. As the federal judiciary enters its eighth year of implementing the Rule, courts apparently have improved their application of it by becoming more solicitous of the needs of civil rights plaintiffs and their counsel, in recognition of the important social function that …


Recent Developments In Civil Rights, Ivan E. Bodensteiner Jan 1991

Recent Developments In Civil Rights, Ivan E. Bodensteiner

Law Faculty Publications

One of the most significant developments in civil rights litigation is the expansion of immunity doctrines. Even though immunity is not mentioned in 42 U.S.C. § 1983, the United States Supreme Court has given some governmental officials the benefit of a qualified immunity from damages, and other officials an absolute immunity from damages.


The Americans With Disabilities Act: Analysis And Implications Of A Second-Generation Civil Rights Statute, Robert L. Burgdorf Jr. Jan 1991

The Americans With Disabilities Act: Analysis And Implications Of A Second-Generation Civil Rights Statute, Robert L. Burgdorf Jr.

Journal Articles

Martin Luther King, Jr. once wrote that our nation's civil rights laws were a "sparse and insufficient collection of statutes ... barely a naked framework."' On their faces, many federal civil rights statutes constitute little more than broad directives that "Thou shalt not discriminate." Broadly worded statements outlawing discrimination were the optimal approach to statutory draftsmanship in light of the controversial nature of the civil rights laws passed in the 1960s and 1970s. The drafters of these statutes needed to craft language that would be palatable to a majority of the members of Congress while still having a meaningful impact …


Quantum Leap: A Black Woman Uses Legal Education To Obtain Her Honorary White Pass, Beverly I. Moran Jan 1991

Quantum Leap: A Black Woman Uses Legal Education To Obtain Her Honorary White Pass, Beverly I. Moran

Vanderbilt Law School Faculty Publications

The nature of privilege is that it is hidden from those who possess it even more than it is hidden from those who lack privilege. Privilege's invisibility to its owner makes privilege difficult to both identify and fight.


Authoritarianism And The Rule Of Law, Lynne Henderson Jan 1991

Authoritarianism And The Rule Of Law, Lynne Henderson

Scholarly Works

No abstract provided.