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1986

Civil Rights and Discrimination

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Articles 1 - 30 of 92

Full-Text Articles in Law

Correspondence: December 10, 1986, Thank You Letter To Dr. Saffy, Steve Pajcic Dec 1986

Correspondence: December 10, 1986, Thank You Letter To Dr. Saffy, Steve Pajcic

Saffy Collection - All Textual Materials

Thank you letter from Steve Pajcic for all the help given during his campaign. Includes handwritten note.


Mccleskey V. Kemp: Constitutional Tolerance For Racially Disparate Capital Sentencing, Fredric J. Bendremer, Gale Bramnick, Joseph C. Jones Iii, Steven N. Lippman Dec 1986

Mccleskey V. Kemp: Constitutional Tolerance For Racially Disparate Capital Sentencing, Fredric J. Bendremer, Gale Bramnick, Joseph C. Jones Iii, Steven N. Lippman

University of Miami Law Review

No abstract provided.


The Good, The Bad, And The Press, Paul A. Lebel Dec 1986

The Good, The Bad, And The Press, Paul A. Lebel

Faculty Publications

No abstract provided.


The Bfoq Defense In Adea Suits: The Scope Of "Duties Of The Job", Robert L. Fischman Nov 1986

The Bfoq Defense In Adea Suits: The Scope Of "Duties Of The Job", Robert L. Fischman

Michigan Law Review

This Note examines these three possible interpretations of which job characteristics a court must examine when determining the validity of a BFOQ defense to an ADEA suit and concludes that the Eighth Circuit's standard is correct. Because disputes over which interpretation is proper arise almost exclusively in cases involving public safety occupations, this Note discusses the standards for measuring that scope within the framework of the policy considerations associated with public safety. Part I of this Note discusses the three current standards used to determine the scope of the BFOQ defense. Part II illuminates the problems inherent in having ...


History Against Free Speech: The New German Law Against The "Auschwitz" -- And Other -- "Lies", Eric Stein Nov 1986

History Against Free Speech: The New German Law Against The "Auschwitz" -- And Other -- "Lies", Eric Stein

Michigan Law Review

An American observer would expect the central issue in the public debate to be the conflict between the constitutionally protected values of individual freedom of expression on the one hand and public security and personal honor on the other. This, however, has not been the case. To the contrary, the constitutional issue has played a marginal role in the legislative process, and it has been resolved by the courts with obvious ease in favor of the constitutionality of the previous legislation on the same general subject. There is every reason to believe that the new law will also be upheld ...


Johnson V. Transportation Agency, Santa Clara County, California, Lewis F. Powell Jr. Oct 1986

Johnson V. Transportation Agency, Santa Clara County, California, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Board Of Directors Of Rotary International V. Rotary Club Of Duarte, Lewis F. Powell Jr. Oct 1986

Board Of Directors Of Rotary International V. Rotary Club Of Duarte, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


California Federal Savings & Loan Association V. Guerra, Director, Department Of Fair Employment And Housing, Lewis F. Powell, Jr. Oct 1986

California Federal Savings & Loan Association V. Guerra, Director, Department Of Fair Employment And Housing, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.


United States V. Paradise, Lewis F. Powell Jr. Oct 1986

United States V. Paradise, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Colorado V. Spring, Lewis F. Powell Jr. Oct 1986

Colorado V. Spring, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Buchanan V. Kentucky, Lewis F. Powell Jr. Oct 1986

Buchanan V. Kentucky, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


U.S. Immigration Reform: Employer Sanctions And Antidiscrimination Provisions, Alan K. Simpson Oct 1986

U.S. Immigration Reform: Employer Sanctions And Antidiscrimination Provisions, Alan K. Simpson

University of Arkansas at Little Rock Law Review

No abstract provided.


Transcending Equality Theory: A Way Out Of The Maternity And The Workplace Debate, Lucinda M. Finley Oct 1986

Transcending Equality Theory: A Way Out Of The Maternity And The Workplace Debate, Lucinda M. Finley

Journal Articles

No abstract provided.


Remedies For Wage Discrimination, Ruth Gerber Blumrosen Oct 1986

Remedies For Wage Discrimination, Ruth Gerber Blumrosen

University of Michigan Journal of Law Reform

The thesis of this Article is that wage discrimination can be remedied by the federal courts through a process that is both practical and efficient. This can be done, without turning the federal courts into wage control agencies or bankrupting the nation's employers, by treating the problem of wage discrimination in precisely the same manner as other forms of discrimination are treated. Our experience with different types of wage discrimination now permits us to generalize about the types of remedies that are appropriate to correct those typical forms of wage discrimination that have now been fully identified.


In Re Associated Sign & Post, Inc.: The Affirmative Action Obligations Of Government Contractors In Indiana, J. Adam Bain Oct 1986

In Re Associated Sign & Post, Inc.: The Affirmative Action Obligations Of Government Contractors In Indiana, J. Adam Bain

Indiana Law Journal

No abstract provided.


Thoughts On Comparable Worth Litigation And Organizational Strategies, Nancy Gertner Oct 1986

Thoughts On Comparable Worth Litigation And Organizational Strategies, Nancy Gertner

University of Michigan Journal of Law Reform

To watch the evolution of Title VIP is to watch the gradual constricting of a law that many had heralded as a tool of social change for women. Its passage represented a statement that the so-called free market had not worked for women. Women were denied access to higher paying and high-status positions. Even when a job was integrated, women's work was undervalued and their wages frequently depressed. With the passage of Title VII came the hope that the law would do what the market could not-break the cycle of discrimination.

Sex discrimination, in contrast with other forms of ...


Employment Discrimination—Title Vii's Limited Preemptive Effect Allows State Laws Mandating Pregnancy Leave And Reinstatement, Mary L. Wiseman Oct 1986

Employment Discrimination—Title Vii's Limited Preemptive Effect Allows State Laws Mandating Pregnancy Leave And Reinstatement, Mary L. Wiseman

University of Arkansas at Little Rock Law Review

No abstract provided.


Introduction, Winn Newman Oct 1986

Introduction, Winn Newman

University of Michigan Journal of Law Reform

This Symposium helps to explain that "comparable worth" is merely a euphemism for garden variety discrimination that violates express prohibitions of federal antidiscrimination law and severely limits job-related opportunities and benefits for women and minorities. Hopefully, the message of this Symposium will not be lost on reasonable people: that wage discrimination is unlawful and that our energies must now be turned to developing effective means for eliminating it.


Comparable Worth -- The Theory, Its Legal Foundation, And The Feasibility Of Implementation, Carin Ann Clauss Oct 1986

Comparable Worth -- The Theory, Its Legal Foundation, And The Feasibility Of Implementation, Carin Ann Clauss

University of Michigan Journal of Law Reform

County of Washington v. Gunther was decided by the Supreme Court over five years ago. In that case, the Court, resolving a conflict among the circuits, ruled that sex-based wage discrimination claims could proceed under Title VII of the Civil Rights Act of 1964 without regard to the limiting "equal work" standard of the Equal Pay Act. Following this decision, it was generally assumed that the courts would become the major forum for redressing sex-based wage discrimination. The anticipated litigation explosion never took place. Few wage discrimination suits have been filed, and even fewer have been successful. What progress has ...


The Attainment Of Pay Equity Between The Sexes By Legal Means: An Economic Analysis, George E. Johnson, Gary R. Solon Oct 1986

The Attainment Of Pay Equity Between The Sexes By Legal Means: An Economic Analysis, George E. Johnson, Gary R. Solon

University of Michigan Journal of Law Reform

The purpose of this Article is to present an analysis of the gap between men's and women's wages with particular emphasis on the likely effects of various existing and proposed legal remedies. Part I sets out a simple "ideal" statistical model of wage determination. Its purpose is to identify carefully the potential impact of alternative legal remedies such as the Equal Pay Act, Title VII, and proposed policies like comparable worth. This model is ideal in the sense that, although it could be estimated in principle, there is no data set currently available with which it could actually ...


Pay Equity--The Minnesota Experience, Nina Rothchild Oct 1986

Pay Equity--The Minnesota Experience, Nina Rothchild

University of Michigan Journal of Law Reform

The concept of comparable worth is simple: jobs should be paid according to their value, whether the jobs are performed by men or by women. It says that pay should be based on the level of skill, effort, responsibility, and working conditions required to do the job. It is hard to believe that such a common sense idea could generate such an emotional reaction.

In this essay I will describe Minnesota's experience with pay equity at the state and local levels. Our experience leads us to believe that the arguments of the opposition are pure conjecture and that the ...


The Dialectic Of Rights And Politics: Perspectives From The Women's Movement, Elizabeth M. Schneider Oct 1986

The Dialectic Of Rights And Politics: Perspectives From The Women's Movement, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.


Liability Of A Public Officer For Nonfeasance Under 42 U.S.C. § 1983 Sep 1986

Liability Of A Public Officer For Nonfeasance Under 42 U.S.C. § 1983

Washington and Lee Law Review

No abstract provided.


Aids As A Handicap Under The Federal Rehabilitation Act Of 1973 Sep 1986

Aids As A Handicap Under The Federal Rehabilitation Act Of 1973

Washington and Lee Law Review

No abstract provided.


Correspondence: August 6, 1986, Thank You Letter To Dr. Saffy, Mike Langton Aug 1986

Correspondence: August 6, 1986, Thank You Letter To Dr. Saffy, Mike Langton

Saffy Collection - All Textual Materials

Thank you letter from Mike Langton for contributions to his re-election campaign for State Representative, House District 15.


The Judicial Protection Of Unenumerated Constitutional Rights, Gene R. Nichol Aug 1986

The Judicial Protection Of Unenumerated Constitutional Rights, Gene R. Nichol

Popular Media

No abstract provided.


Theories Of Employment Discrimination In The United Kingdom And The United States, Steven L. Willborn Aug 1986

Theories Of Employment Discrimination In The United Kingdom And The United States, Steven L. Willborn

Boston College International and Comparative Law Review

No abstract provided.


Labor Law—Employment Discrimination—Employer May Be Held Liable For Hostile Work Environment, Frances Scroggins Jul 1986

Labor Law—Employment Discrimination—Employer May Be Held Liable For Hostile Work Environment, Frances Scroggins

University of Arkansas at Little Rock Law Review

No abstract provided.


Correspondence: June 23, 1986, Conference On Planning For The 21 Century Participation, Bob Graham Jun 1986

Correspondence: June 23, 1986, Conference On Planning For The 21 Century Participation, Bob Graham

Saffy Collection - All Textual Materials

A letter from Governor Bob Graham expressing his appreciation to Dr. Saffy for the opportunity to participate in the Conference on Planning for the 21 Century sponsored by Zonta and the Florida Commission on Women.


From False Paternalism To False Equality: Judicial Assaults On Feminist Community, Illinois 1869-1895, Frances Olsen Jun 1986

From False Paternalism To False Equality: Judicial Assaults On Feminist Community, Illinois 1869-1895, Frances Olsen

Michigan Law Review

This essay will examine the "equal treatment" versus "special treatment" for women issue as it arose in Illinois in the late nineteenth century. In 1869 the Illinois Supreme Court barred Myra Bradwell from the practice of law on the basis that she was a married woman, and in 1870 it reaffirmed its exclusion of women in In re Bradwell, the state decision the United States Supreme Court upheld in Bradwell v. Illinois. This denial of equal treatment to women, especially the concurring opinion by United States Supreme Court Justice Bradley, appears to many to represent paternalism at its worst: the ...