Law Commons^™

Deflect, Delay, Deny: A Case Study Of Segregation By Law School Faculty, Briana Rosenbaum

Scholarly Works

Many histories of school desegregation litigation center on the natural protagonists, such as the lawyers and plaintiffs who fought the status quo. Little attention is paid to the role that individual faculty members played in the perpetuation of segregated legal education. When the antagonists in the historiographies do appear, it is usually as anonymous individuals and groups. Thus, “the Board of Regents” refused to change its policy and “the University” denied a person’s application.

But recently discovered and rarely accessed historic documents provide proof of the direct role that some law school faculty members played in the perpetuation of segregation. …

Gut Renovations: Using Critical And Comparative Rhetoric To Remodel How The Law Addresses Privilege And Power, Lucille Jewel

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No abstract provided.

A Tribute To Douglas Scherer, Howard A. Glickstein

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No abstract provided.

What Did The Supreme Court Hold In Heffernan V. City Of Paterson?, Michael Wells

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As a favor to his mother, Jeffrey Heffernan picked up a political yard sign. His supervisors demoted him, in the mistaken belief that he had engaged in protected speech. In Heffernan v. City of Patterson, 136 S.Ct. 1412 (2016), the Supreme Court held that a public employee can sue a local government under 42 U.S.C. § 1983 when a supervisor acts for constitutionally impermissible motives, even though he has not in fact exercised First Amendment rights. But the grounds for that holding are unclear. The Court may have ruled that the city, through its police chief, violated Heffernan’s First Amendment …

A Short Road To Statehood, A Long Road To Washington, Rachel J. Anderson

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This article documents the election in 2012 of the first African-American to represent Nevada in the U.S. Congress, Steven Horsford. It is part of "A Special Series on African Americans in Nevada Politics - Past and Present" on pages 16-21 of the issue." Sources are on page 21 of the issue.

Blacks And Voting Rights In Nevada, Rachel J. Anderson

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This article is a brief foray into black suffrage and equal rights in Nevada legal history. It is part of "A Special Series on African Americans in Nevada Politics - Past and Present" on pages 16-21 of the issue. Sources are on page 21 of the issue.

An Analysis Of China’S Human Rights Policies In Tibet: China’S Compliance With The Mandates Of International Law Regarding Civil And Political Rights, Richard Klein

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No abstract provided.

A Tale Of Prosecutorial Indiscretion: Ramsey Clark And The Selective Non-Prosecution Of Stokely Carmichael, Lonnie T. Brown

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During the height of the Vietnam War and one of the most volatile periods of the civil rights movement, then-Attorney General Ramsey Clark controversially resisted intense political pressure to prosecute Black Power originator and antiwar activist Stokely Carmichael. Taken in isolation, this decision may seem courageous and praiseworthy, but when considered against the backdrop of Clark’s contemporaneous prosecution of an all-white group of similarly situated anti-draft leaders (the so-called Boston Five), his exercise of prosecutorial discretion becomes suspect. Specifically, the Boston Five were prosecuted in 1968 for conspiracy to aid and abet draft evasion, a charge for which the evidence …

Discrimination Cases In The 2000 Term, Eileen Kaufman

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No abstract provided.

Why Constitutional Torts Deserve A Book Of Their Own, Michael Wells, Thomas A. Eaton, Sheldon H. Nahmod

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Over thirty years ago, Marshall Shapo coined the term "constitutional tort" to denote a suit brought against an official, charging a constitutional violation and seeking damages. In the years since Shapo's pathbreaking article, the number of such suits has grown exponentially. The suits have generated a host of new substantive and remedial issues, yet conventional casebooks on constitutional law and federal courts give little attention to the area. That Professor Shapiro had four books to include in his review of "Civil Rights" casebooks in the Seattle University Law Review is some indication of a demand for teaching materials currently unmet …

Civil Rights Division Association Symposium: The Civil Rights Division At Forty, Howard Glickstein, Stephen J. Pollack, Brian Landsberg, Harold Greene, St. John Barrett, Paul F. Hancock, Muriel Spence, Michael Middleton, James A. Turner

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No abstract provided.

Admissibility Of Investigatory Reports In § 1983 Civil Rights Actions - A User's Manual, Martin A. Schwartz

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No abstract provided.

The Brown Symposium – An Introduction, Thomas B. Mcaffee

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This article is an introduction to a symposium sponsored by Southern Illinois University regarding Brown v. Board of Education.

Fairness And Finality: Third-Party Challenges To Employment Discrimination Consent Decrees After The 1991 Civil Rights Act, Marjorie A. Silver

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In this Article, Professor Silver examines Section 108 of the Civil Rights Act of 1991, which limits challenges to employment practices taken pursuant to employment discrimination consent decreea The Article traces the development of the impermissible collateral attack doctrine, that doctrine's demise in Martin v. Wilks, and Congress' response to Martin as embodied in Section 108. Professor Silver also suggests ways in which Section 108 should be administered to comply with the Due Process Clause and argues for specific additional federal legislation to protect non-litigants or potential third-party challengers as well as to foster the utility and finality of legitimate …

The Rehnquist Court, Statutory Interpretation, Inertial Burdens, And A Misleading Version Of Democracy, Jeffrey W. Stempel

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No abstract provided.

The Supreme Court's Denial Of Reasonable Attorney's Fees To Prevailing Civil Rights Plaintiffs, Jean R. Sternlight

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The Supreme Court, through a series of recent decisions has effectively overridden Congress’ dictate that prevailing civil rights plaintiffs are entitled to recover reasonable attorney’s fees and costs. The solution to the current crisis lies not in reluctant court-appointed attorneys, but rather in a broad-based reform of the law regarding court-awarded attorney’s fees.

This article argues that only action by Congress will suffice to override the Supreme Court’s erroneous ruling and ensure just compensation for civil rights attorneys. Absent such legislation, it seems virtually certain that both the quantity and quality of civil rights litigation will continue to decrease. Fewer …

Addendum: Civil Rights In Jeopardy, Martin A. Schwartz, Eileen Kaufman

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No abstract provided.

Civil Rights In Transition: Sections 1981 And 1982 Cover Discrimination On The Basis Of Ancestry And Ethnicity, Eileen R. Kaufman, Martin A. Schwartz

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No abstract provided.

Differential Pass-Fail Rates In Employment Testing: Statistical Proof Under Title Vii, Elaine W. Shoben

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In this Comment, Professor Shoben advocates the use of a statistical technique—a test of the difference between independent proportions—to assess the substantiality of differences in pass rates among various groups on employment tests, in order to facilitate determination of disproportionate impact under title VII of the Civil Rights Act of 1964. She then compares this method with the procedure adopted in the Federal Executive Agency Guidelines on Employee Selection Procedures and suggests several flaws in the latter approach.

Book Review: The Case For Reparations (1973), Ira B. Shepard

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Book Review of THE CASE FOR REPARATIONS, by Boris I. Bittker (NY: Random House, 1973).

Equal Protection For Juveniles: The Present Status Of Sex-Based Discrimination In Juvenile Court Laws, Samuel M. Davis, Susan C. Chaires

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The authors of this Article are concerned with sex-based discrimination in juvenile court laws. They first analyze those state laws that are sexually discriminatory and then explore the possibility of attacking these laws under the equal protection clause of the fourteenth amendment. Finally, the potential impact of the Equal Rights Amendment upon these laws is discussed.

Racial Discrimination In Employment: Rights And Remedies, J. Ralph Beaird

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Professor Beaird believes that the current multiplicity of forums available to an employee who alleges discrimination against him should be merged into one. Ideally he would like to see an administrative agency given primary jurisdiction with authority similar to that possessed by the NLRB. Until an agency is given such power, Professor Beaird suggests that the forums themselves apply collateral estoppel principles to alleviate the inequities inherent in repetitious litigation.

Hawkins V. Town Of Shaw: The Court As City Manager, C. Ronald Ellington, Lawrence F. Jones

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For over one hundred years Congress and the federal courts have pursued the goal of racial equality in the United States. In areas such as voting rights, public accommodations, and housing, Congress and the courts have interacted closely, with broad judicial interpretations upholding major remedial legislation. Moreover, when confronted by official state sources of racial discrimination, courts have traditionally responded to the clear command of the equal protection clause of the fourteenth amendment without awaiting congressional action. Brown v. Board of Education stands as perhaps the best known instance in which a court has, on its own, ordered the elimination …