Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Michigan Law School (8)
- Washington and Lee University School of Law (7)
- Brigham Young University Law School (6)
- Vanderbilt University Law School (5)
- Duquesne University (4)
-
- Maurer School of Law: Indiana University (3)
- University of Richmond (3)
- Villanova University Charles Widger School of Law (3)
- Loyola University Chicago, School of Law (2)
- UIC School of Law (2)
- University at Buffalo School of Law (2)
- University of Kentucky (2)
- University of Washington School of Law (2)
- William & Mary Law School (2)
- Brooklyn Law School (1)
- Cornell University Law School (1)
- Georgia State University College of Law (1)
- North Carolina Central University School of Law (1)
- Notre Dame Law School (1)
- Seattle University School of Law (1)
- Selected Works (1)
- St. Mary's University (1)
- University of Arkansas at Little Rock William H. Bowen School of Law (1)
- University of Georgia School of Law (1)
- University of Maryland Francis King Carey School of Law (1)
- Wayne State University (1)
- West Virginia University (1)
- Keyword
-
- Civil rights (5)
- Employment discrimination (5)
- Civil Rights Act of 1964 (4)
- Discrimination (4)
- Brown v. Board of Education (3)
-
- Damages (3)
- Title VII (3)
- Affirmative action (2)
- Bona Fide Occupational Qualification (2)
- Constitution (2)
- Litigation (2)
- Regents of the University of California v. Bakke (2)
- Sex discrimination (2)
- Statistics (2)
- Uniform Guidelines on Employee Selection Procedures (2)
- Wage discrimination (2)
- 1979 (1)
- 4/5th Rule as a Litmus Test (1)
- Administrative Law (1)
- Administrative responsiblity (1)
- Admissions (1)
- Age Discrimination (1)
- Alien (1)
- Analytical Procedures to Detect Discrimination (1)
- Antitrust (1)
- Arlington Heights v. Metropolitan Housing Development Corp (1)
- Back pay (1)
- Black English (1)
- Boat people (1)
- Brown v. Board of Education of Topeka (1)
- Publication
-
- BYU Law Review (6)
- Vanderbilt Law Review (5)
- Duquesne Law Review (4)
- Washington and Lee Law Review (4)
- Indiana Law Journal (3)
-
- Michigan Law Review (3)
- Supreme Court Case Files (3)
- University of Michigan Journal of Law Reform (3)
- University of Richmond Law Review (3)
- Villanova Law Review (3)
- Buffalo Law Review (2)
- Faculty Scholarship (2)
- Loyola University Chicago Law Journal (2)
- UIC Law Review (2)
- Washington Law Review (2)
- Articles (1)
- Book Chapters (1)
- Cornell Law Faculty Publications (1)
- Faculty Publications (1)
- Faculty Publications By Year (1)
- Journal Articles (1)
- Kentucky Law Journal (1)
- Law Faculty Research Publications (1)
- Law Faculty Scholarly Articles (1)
- Mark Spiegel (1)
- North Carolina Central Law Review (1)
- Scholarly Works (1)
- Seattle University Law Review (1)
- St. Mary's Law Journal (1)
- University of Arkansas at Little Rock Law Review (1)
- Publication Type
Articles 1 - 30 of 64
Full-Text Articles in Law
United Steelworkers Of America V. Weber: An Exercise In Understandable Indecision, George Schatzki
United Steelworkers Of America V. Weber: An Exercise In Understandable Indecision, George Schatzki
Washington Law Review
It is well known to those involved in the world of employment-discrimination law that in 1974 the United Steelworkers of America and Kaiser Aluminum & Chemical Corporation entered into a collective-bargaining agreement which provided for a new on-the-job training program designed solely to correct the virtually total absence of blacks in Kaiser's craft workforce. Fifty percent of the trainees were to be black. Brian Weber, a white production worker who failed to obtain a position in the program, instituted a class action suit alleging that the affirmative action plan discriminated against him and his white colleagues in violation of Title …
United Steelworkers Of America V. Weber: An Exercise In Understandable Indecision, George Schatzki
United Steelworkers Of America V. Weber: An Exercise In Understandable Indecision, George Schatzki
Washington Law Review
It is well known to those involved in the world of employment-discrimination law that in 1974 the United Steelworkers of America and Kaiser Aluminum & Chemical Corporation entered into a collective-bargaining agreement which provided for a new on-the-job training program designed solely to correct the virtually total absence of blacks in Kaiser's craft workforce. Fifty percent of the trainees were to be black. Brian Weber, a white production worker who failed to obtain a position in the program, instituted a class action suit alleging that the affirmative action plan discriminated against him and his white colleagues in violation of Title …
Implied Private Remedies Under Federal Statutes: Neither A Death Knell Nor A Moratorium--Civil Rights, Securities Regulation, And Beyond, Thomas L. Hazen
Implied Private Remedies Under Federal Statutes: Neither A Death Knell Nor A Moratorium--Civil Rights, Securities Regulation, And Beyond, Thomas L. Hazen
Vanderbilt Law Review
The part of this Article that follows contains an examination of the implication process as it has developed in the federal courts.As will be seen, the Supreme Court has gone through a cyclical pattern of expansion and contraction in implying remedies with respect to a wide range of substantive areas. Accordingly, it is not possible to glean a single unified theory from the sixty-five years of Supreme Court activity. There are, however, a number of recurring themes, and it is possible to view all of the diverse approaches as part of a loosely defined pattern that was formulated into a …
Contribution Between Parties To A Discriminatory Collective Bargaining Agreement, Michigan Law Review
Contribution Between Parties To A Discriminatory Collective Bargaining Agreement, Michigan Law Review
Michigan Law Review
This Note examines rules of title VII back pay liability and apportionment. Part I argues that all signatories to a discriminatory collective bargaining agreement should be jointly and severally liable to injured persons for back pay. Although a union or employer may object to joint and several liability if its opponent in collective bargaining proposed and bargained for the discriminatory term, the purposes of title VII require that the parties become jointly and severally liable upon signing the agreement. Since joint and several liability fully serves the compensatory purpose of the statute, Part II of the Note looks to deterrence …
The First Amendment And The Free Press: A Comment On Some New Trends And Some Old Theories, William W. Van Alstyne
The First Amendment And The Free Press: A Comment On Some New Trends And Some Old Theories, William W. Van Alstyne
Faculty Publications
Responding to the trend of media rights being subjugated through the legal process, this article examines Justice Stewart's suggestion that the media should be treated with extra deference in First Amendment cases. This examination looks at the sufficiency of the press's claim of judicial harshness, whether the press should be treated differently than other speakers, and also compares press freedom in foreign nations.
Martin Luther King Junior Elementary School Children V. Michigan Board Of Education: Extension Of Eeoa Protection To Black-English-Speaking Students
William & Mary Law Review
No abstract provided.
The Impact Of Columbus Board Of Education V. Penick And Dayton Board Of Education V. Brinkman On Proving Segregative Intent In School Desegregation Cases, Bernadine S. Balance
The Impact Of Columbus Board Of Education V. Penick And Dayton Board Of Education V. Brinkman On Proving Segregative Intent In School Desegregation Cases, Bernadine S. Balance
North Carolina Central Law Review
No abstract provided.
Wage Discrimination And Job Segregation: The Survival Of A Theory, Ruth G. Blumrosen
Wage Discrimination And Job Segregation: The Survival Of A Theory, Ruth G. Blumrosen
University of Michigan Journal of Law Reform
My earlier article in this journal, Wage Discrimination, Job Segregation, and Title VII of the Civil Rights Act of 1964, advanced the theory that the same discriminatory factors which lead to job segregation are also likely to be responsible for wage differentials between segregated jobs. The discriminatorily depressed wage rate of the segregated job is therefore one of the "adverse effects" under Griggs v. Duke Power Co. of job segregation. In order to establish a prima facie case of wage discrimination in a Title VII action, plaintiffs must show the fact of job segregation - that the jobs were …
Certain Named And Unnamed Non-Citizen Children And Their Parents V. Texas, Lewis F. Powell Jr.
Certain Named And Unnamed Non-Citizen Children And Their Parents V. Texas, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
County Of Washington, Oregon V. Gunther, Lewis F. Powell Jr.
County Of Washington, Oregon V. Gunther, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Equal Employment Opportunity Commission (Eeoc) V. Associated Dry Goods Corp., Lewis F. Powell Jr.
Equal Employment Opportunity Commission (Eeoc) V. Associated Dry Goods Corp., Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
The Inequitable Burden Of School Desegregation Remedies: The Effects Of Shift In Supreme Court Decisions On The Buffalo School Desegregation Case, Denise E. O'Donnell
The Inequitable Burden Of School Desegregation Remedies: The Effects Of Shift In Supreme Court Decisions On The Buffalo School Desegregation Case, Denise E. O'Donnell
Buffalo Law Review
No abstract provided.
Civil Rights–Employment Discrimination–Voluntary Affirmative Action Allowed, Carol S. Arnold
Civil Rights–Employment Discrimination–Voluntary Affirmative Action Allowed, Carol S. Arnold
University of Arkansas at Little Rock Law Review
No abstract provided.
Age Discrimination In Employment Act Amendments Of 1978: Tension Between Congress And The Courts, John A. Adams, Jay D. Pimentel
Age Discrimination In Employment Act Amendments Of 1978: Tension Between Congress And The Courts, John A. Adams, Jay D. Pimentel
BYU Law Review
No abstract provided.
Essay--Affirmative Action: Making Decisions, Thomas D. Barton
Essay--Affirmative Action: Making Decisions, Thomas D. Barton
West Virginia Law Review
No abstract provided.
Maryland's Equal Rights Amendment Challenges The Common Law Action Of Criminal Conversation: Kline V. Ansell, Mckay Marsden
Maryland's Equal Rights Amendment Challenges The Common Law Action Of Criminal Conversation: Kline V. Ansell, Mckay Marsden
BYU Law Review
No abstract provided.
The Civil Rights Attorney's Fees Awards Act Of 1976: A View From The Second Circuit, H. A. Zionts
The Civil Rights Attorney's Fees Awards Act Of 1976: A View From The Second Circuit, H. A. Zionts
Buffalo Law Review
No abstract provided.
Civil Rights--Federal Jurisdiction--Exhaustion Of Adequate And Appropriate State Administrative Remedies Is A Prerequisite For Judicial Review Under Section 1983, Camilla E. Watson
Civil Rights--Federal Jurisdiction--Exhaustion Of Adequate And Appropriate State Administrative Remedies Is A Prerequisite For Judicial Review Under Section 1983, Camilla E. Watson
Scholarly Works
Georgia Patsy, a white female secretary, brought a civil rights action under section 1983 of title 42 of the United States Code against Florida International University in the United States District Court for the Southern District of Florida, alleging employment discrimination in violation of the Constitution and laws of the United States. The district court dismissed the action for failure to exhaust state administrative remedies. The Court of Appeals for the Fifth Circuit reversed on the ground that failure to allege exhaustion of state remedies did not preclude a section 1983 cause of action. On rehearing en banc, the court …
The Supreme Court's Interpretation Of The Civil Rights Act Of 1964: Liberty, Equality And The Limitation Of Judicial Power, Stephen L. Fluckiger
The Supreme Court's Interpretation Of The Civil Rights Act Of 1964: Liberty, Equality And The Limitation Of Judicial Power, Stephen L. Fluckiger
BYU Law Review
No abstract provided.
Constitutional Law-Defamation-The Supreme Court Places Further Limitations On Designation As A "Public Figure" In Libel Actions- Wolston V. Reader's Digest Association, 443 U.S. 147 (1979)
BYU Law Review
No abstract provided.
Constitutional Law-Free Exercise Of Religion-State May Require A Photograph On A Drivers License Though The Licensee's Religious Beliefs Prohibits Photographs Of Any Type--Johnson V. Motor Vehicle Division, 593 P.2d 1363 (Colo. 1979)
BYU Law Review
No abstract provided.
Teacher Dismissal: A View From Mount Healthy, E. Gordon Gee
Teacher Dismissal: A View From Mount Healthy, E. Gordon Gee
BYU Law Review
No abstract provided.
Doing Good The Wrong Way: The Case For Delimiting Presidential Power Under Executive Order No. 11,246, Andrie K. Blumstein
Doing Good The Wrong Way: The Case For Delimiting Presidential Power Under Executive Order No. 11,246, Andrie K. Blumstein
Vanderbilt Law Review
The Note has demonstrated that the concept of affirmative action as embodied in the Executive Order Program induces race-conscious employment programs by federal contractors in contrast to the norm of race-neutral decision making imposed by the Civil Rights Act of 1964. The Note has also argued that a nexus analysis must define the parameters of executive authority to promulgate the Executive Order Program. In other words, there must be a close relationship between the alleged source of executive authority and the President's actual exercise of that authority...
This Note attempts to refine the Presidential power analysis of Youngstown Steel and …
In Defense Of Disparate Impact Analysis Under Title Vii: A Reply To Dr. Cohn, Elaine W. Shoben
In Defense Of Disparate Impact Analysis Under Title Vii: A Reply To Dr. Cohn, Elaine W. Shoben
Indiana Law Journal
No abstract provided.
Statistical Laws And The Use Of Statistics In Law: A Rejoinder To Professor Shoben, Richard M. Cohn
Statistical Laws And The Use Of Statistics In Law: A Rejoinder To Professor Shoben, Richard M. Cohn
Indiana Law Journal
No abstract provided.
On The Use Of Statistics In Employment Discrimination Cases, Richard M. Cohn
On The Use Of Statistics In Employment Discrimination Cases, Richard M. Cohn
Indiana Law Journal
No abstract provided.
Judicial Restrictions On Attorneys' Speech Concerning Pending Litigation: Reconciling The Rights To Fair Trial And Freedom Of Speech, Sally R. Weaver
Judicial Restrictions On Attorneys' Speech Concerning Pending Litigation: Reconciling The Rights To Fair Trial And Freedom Of Speech, Sally R. Weaver
Vanderbilt Law Review
The constitutionality of restraints on attorneys' speech has been considered by only two federal circuit courts: the Seventh Circuit, in Chicago Council of Lawyers v. Bauer,' and, more recently, the Fourth Circuit, in Hirschkop v. Snead.' Relying on many of the same precedents, the circuits nevertheless developed seemingly contrary standards. This Recent Development compares the analyses of these recent cases and suggests an appropriate standard for the accommodation of the conflicting rights of free speech and a fair trial.
Let Them Be Judged: The Judicial Integration Of The Deep South / Federal Taxation Of Trusts, Grantors And Beneficiaries/, Steven F. Lawson, John H. Martin
Let Them Be Judged: The Judicial Integration Of The Deep South / Federal Taxation Of Trusts, Grantors And Beneficiaries/, Steven F. Lawson, John H. Martin
Vanderbilt Law Review
Let Them be Judged: The Judicial Integration of the Deep South Frank T. Read and Lucy S. McGough
The manner in which federal judges in the South both retarded and promoted first-class citizenship rights for Black Americans is the topic of Frank Read's and Lucy McGough's 1978 work Let Them Be Judged: The Judicial Integration of the Deep South. The authors, law professors at the University of Tulsa and Emory University respectively, review in great detail the operation of the United States Court of Appeals for the Fifth Circuit in adjudicating the rapidly increasing volume of civil rights litigation after …