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Articles 1 - 18 of 18

Full-Text Articles in Law

Hospital Medical Staff: When Are Privilege Denials Judicially Reviewable?, David Hejna Oct 1977

Hospital Medical Staff: When Are Privilege Denials Judicially Reviewable?, David Hejna

University of Michigan Journal of Law Reform

The relationship between a hospital and its medical staff is unique. Most physicians serving as hospital staff are not salaried employees . Rather, they use hospital facilities to care for their patients pursuant to "staff privileges" granted by the hospital's board of governors. Staff privileges at one area hospital are practically indispensable for the modern physician, and privileges at a conveniently located hospital are considered important. By extending staff privileges the hospital benefits from having a staff large enough to ensure maximum use of its facilities. The public benefits when an adequate number of qualified physicians have access to hospital …


Developing "Tort" Standards For The Award Of Mental Distress Damages In Statutory Discrimination Actions, Harold J. Rennett Oct 1977

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.


Illegitimates And Equal Protection, David Hallissey Apr 1977

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.


Constitutional Rights And Land Use Planning: The New And The Old Reality, Robert R. Wright Jan 1977

Constitutional Rights And Land Use Planning: The New And The Old Reality, Robert R. Wright

Faculty Scholarship

No abstract provided.


American And British Employment Discrimination Law: An Introductory Comparative Survey, Robert N. Covington Jan 1977

American And British Employment Discrimination Law: An Introductory Comparative Survey, Robert N. Covington

Vanderbilt Journal of Transnational Law

Age, alienage, ethnicity, race, religion, and sex lead to differential treatment of individuals the world over. Employment discrimination is felt most acutely in those industrialized nations where one's income level is the major determinant of so many other things: where one lives, what one wears, how one's children are educated. Concern over the social and economic consequences of employment discrimination has led to the development of new legal techniques on both sides of the Atlantic. The recent enactment in Britain of the Sex Discrimination Act, 1975, and the Race Relations Act, 1976, invites a comparison of those statutes and related …


From Washington To Arlington Heights And Beyond: Discriminatory Purpose In Equal Protection Litigation, Robert G. Schwemm Jan 1977

From Washington To Arlington Heights And Beyond: Discriminatory Purpose In Equal Protection Litigation, Robert G. Schwemm

Law Faculty Scholarly Articles

When the Supreme Court decided Washington v. Davis on June 7, 1976, it began a new era in civil rights law. Rejecting the contention that state action is unconstitutional solely because it operates to injure more blacks than whites, the Court held that proof of discriminatory purpose is necessary to establish a claim of racial discrimination under the equal protection clause. In two cases decided the following term—Village of Arlington Heights v. Metropolitan Housing Development Corp. and Castaneda v. Partida—the Court reaffirmed its commitment to the discriminatory purpose requirement, but was badly divided on how to apply the …


Employers' Garnishment Policies - Do They Engender Racial Discrimination In Violation Of Title Vii And The Civil Rights Act Of 1866?, Amy S. Vance Jan 1977

Employers' Garnishment Policies - Do They Engender Racial Discrimination In Violation Of Title Vii And The Civil Rights Act Of 1866?, Amy S. Vance

Fordham Urban Law Journal

This note evaluates the hypothesis that employment policies which mandate suspension or discharge for multiple garnishments are racially discriminatory. It considers the methods of challenge such as a claim under Title VII of the Civil Rights Act of 1964, the lack of consensus between the courts and the Equal Employment Opportunity Commission (EEOC), and also emerging issues. The note finds that the legality of employment practices imposing disciplinary action against garnished employees is left uncertain. Proof of a disproportionate effect on minorities employees may be adequate, although a satisfactory showing of business necessity may be a defense against a claim …


Third Party Suits Under Section 3612 Of The Fair Housing Act Of 1968, Gary A. Grasso Jan 1977

Third Party Suits Under Section 3612 Of The Fair Housing Act Of 1968, Gary A. Grasso

Fordham Urban Law Journal

This note examines the Fair Housing Act of 1968 (1968 Act) which makes it unlawful, with certain exceptions, to discriminate in the sale or rental of private housing. In particular, the note examines the remedies available under Sections 3610 and 3612, which provide for the enforcement of the statute by private complainants. The note focuses on the issue of standing and the question of alternative use involving sections 3610 and 3612 of the 1968 Act, especially as to third party complainants. The note concludes that just as section 3610 was opened to plaintiffs arguing for the rights of third parties, …


Aliens' Right To Work: State And Federal Discrimination, Denny Chin Jan 1977

Aliens' Right To Work: State And Federal Discrimination, Denny Chin

Fordham Law Review

No abstract provided.


The Statute Of Limitations In The Fair Housing Act: Trap For The Unwary, Edward Phillips Nickinson, Iii Jan 1977

The Statute Of Limitations In The Fair Housing Act: Trap For The Unwary, Edward Phillips Nickinson, Iii

Florida State University Law Review

No abstract provided.


The Effects Test: New Directions, David C. Hsia Jan 1977

The Effects Test: New Directions, David C. Hsia

Santa Clara Law Review

No abstract provided.


Administrative And Judicial Nullification Of Federal Affirmative Action Law, Russell W. Galloway Jr. Jan 1977

Administrative And Judicial Nullification Of Federal Affirmative Action Law, Russell W. Galloway Jr.

Santa Clara Law Review

No abstract provided.


Chapters Of The Civil Jury, Doug R. Rendleman Jan 1977

Chapters Of The Civil Jury, Doug R. Rendleman

Faculty Publications

The civil jury, though constitutionally protected by the seventh amendment, has remained a controversial institution throughout much of Anglo-American legal history. Our romantic ideals are questioned by critics who view the civil jury as prejudiced and unpredictable; proponents note the sense of fairness and "earthy wisdom" gained by community participation in the legal process. This debate surfaces in the process of accommodation between certain substantive goals of the law and the pre-verdict and post-verdict procedural devices courts have employed to control the jury. In this article, Professor Rendleman examines this conflict in his three "chapters" involving racially motivated discharges of …


A New Dimension In Equal Protection?, Theodore J. St. Antoine Jan 1977

A New Dimension In Equal Protection?, Theodore J. St. Antoine

Articles

Two of America's most cherished values will collide head-on this year, when the U.S. Supreme Court comes to grips with the most significant civil rights suit since the school desegregation cases of 1954. Arrayed on one side is the principle of governmental "color-blindness," the appealing notion that the color of a person's skin should have nothing to do with the distribution of benefits or burdens by the state. Set against it is the goal of a truly integrated society and the tragic realization that this objective cannot be achieved within the foreseeable future unless race and color are taken into …


Anti-Sex Discrimination Laws: A Mandate For The Redistribution Of Social Resources Based Upon The Emerging Constitutional And Statutory Equality Of The Sexes Jan 1977

Anti-Sex Discrimination Laws: A Mandate For The Redistribution Of Social Resources Based Upon The Emerging Constitutional And Statutory Equality Of The Sexes

Nova Law Review

Not since the era when feminists such as Susan B. Anthony and Elizabeth Cady Stanton fought for women to attain the right to vote, receive an education, and own property has the women's movement achieved its present potentiality for revolutionizing the basic tenets of our social structure.


Bakke: A Compelling Need To Discriminate, Theodore J. St. Antoine Jan 1977

Bakke: A Compelling Need To Discriminate, Theodore J. St. Antoine

Articles

Two of America's most cherished values collided head-on a few months ago, when the U.S. Supreme Court began to come to grips with the most significant civil rights suit since the school desegregation cases of 1954. Arrayed on one side is the principle of governmental "color-blindness," the appealing notion that the color of a person's skin should have nothing to do with the distribution of benefits or burdens by the state. Set against it is the goal of a truly integrated society, and the tragic realization that this objective cannot be achieved within the foreseeable future unless race and color …


Age Discrimination–Involuntary Retirement– Mcmann V. United Air Lines, Inc., Pamela L. Perry Dec 1976

Age Discrimination–Involuntary Retirement– Mcmann V. United Air Lines, Inc., Pamela L. Perry

Pamela L Perry

No abstract provided.


The First Ten Years Of The Age Discrimination In Employment Act, Thomas J. Reed Dec 1976

The First Ten Years Of The Age Discrimination In Employment Act, Thomas J. Reed

Thomas J Reed

No abstract provided.