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Articles 1 - 12 of 12
Full-Text Articles in Law
The 1986 And 1987 Affirmative Action Cases: It's All Over But The Shouting, Herman Schwartz
The 1986 And 1987 Affirmative Action Cases: It's All Over But The Shouting, Herman Schwartz
Michigan Law Review
For the moment, the affirmative action wars are over. In a ten-year set of decisions, culminating in five during the last two terms, the Court has now legitimated almost all types of race and gender preferences, even if they benefit nonvictims, including voluntarily adopted preferences in hiring, promotion, university admissions, and government contracting; hiring and promotion preferences in consent decrees; and court-ordered hiring and promotions. It has approved preferences by both public and private bodies, and for both racial-ethnic minorities and women. It has barred only layoffs of white (and presumably male) employees who have more seniority than employees hired …
Preliminary Report On A Comparative Analysis Of The Underlying Dimensions Of Unemployment Among Blacks, Hispanics, And Whites In Boston, Jeremiah Cotton
Preliminary Report On A Comparative Analysis Of The Underlying Dimensions Of Unemployment Among Blacks, Hispanics, And Whites In Boston, Jeremiah Cotton
William Monroe Trotter Institute Publications
There are four major objectives of this research. The first objective is to determine whether and to what extent differences in unemployment rates in Boston among black, Hispanic, and white workers are due to the following: (1) the differences in the percentage of individuals in each group who experience a spell of unemployment at one time or another during the year, that is the incidence of unemployment; or (2) the differences in the average number of spells of unemployment during the year, that is the frequency of unemployment; or (3) the differences in the average length of time a spell …
The Wrong Side Of The Tracks: A Revolutionary Rediscovery Of The Common Law Tradition Of Fairness In The Struggle Against Inequality, Gregory A. Kalscheur
The Wrong Side Of The Tracks: A Revolutionary Rediscovery Of The Common Law Tradition Of Fairness In The Struggle Against Inequality, Gregory A. Kalscheur
Michigan Law Review
A Review of The Wrong Side of the Tracks: A Revolutionary Rediscovery of the Common Law Tradition of Fairness in the Struggle Against Inequality by Charles M. Haar and Daniel W. Fessler
Private Parties And Bankruptcy-Based Discrimination, Douglass Boshkoff
Private Parties And Bankruptcy-Based Discrimination, Douglass Boshkoff
Indiana Law Journal
No abstract provided.
Title Vii And Competitive Testing, James M. Conway
Title Vii And Competitive Testing, James M. Conway
Hofstra Law Review
No abstract provided.
Securing Justice: A Response To William Bradford Reynolds, Michael A. Middleton
Securing Justice: A Response To William Bradford Reynolds, Michael A. Middleton
Faculty Publications
I doubt that William Bradford Reynolds would disagree that the self evident truths the Framers of the Declaration of Independence spoke about are as applicable today in the 1980's as they were over 200 years ago. I also doubt that Mr. Reynolds would disagree that despite the fact that black people were not considered human beings when the Constitution was framed, the fourteenth amendment to that great document was intended to bring them within the ambit of its protections. On these two basic propositions, I suspect, Mr. Reynolds and I would agree. Beyond that however, Mr. Reynolds advances a fundamentally …
Civil Rights In Transition: Sections 1981 And 1982 Cover Discrimination On The Basis Of Ancestry And Ethnicity, Eileen R. Kaufman, Martin A. Schwartz
Civil Rights In Transition: Sections 1981 And 1982 Cover Discrimination On The Basis Of Ancestry And Ethnicity, Eileen R. Kaufman, Martin A. Schwartz
Scholarly Works
No abstract provided.
Recent Developments: California Federal Savings & Loan Ass'n. V. Guerra, Director, Department Of Fair Employment And Housing: State Mandated Benefits For Pregnant Employees Held Not Discrimination Under Title Vll, Barbara E. Wixon
University of Baltimore Law Forum
No abstract provided.
The Uses And Abuses Of Informal Procedures In Federal Civil Rights Enforcement, Marjorie A. Silver
The Uses And Abuses Of Informal Procedures In Federal Civil Rights Enforcement, Marjorie A. Silver
Scholarly Works
No abstract provided.
The Developing Law On Aids In The Workplace , Jana Howard Carey, Megan M. Arthur
The Developing Law On Aids In The Workplace , Jana Howard Carey, Megan M. Arthur
Maryland Law Review
No abstract provided.
Private Clubs And Employment Discrimination: Does Federal Law Apply?, Elyse Hilton
Private Clubs And Employment Discrimination: Does Federal Law Apply?, Elyse Hilton
Fordham Urban Law Journal
This Note examines the general history and function of Title VII and section 1981 of the civil rights law. The author discusses the problems inherent in defining an organization as a private club, for purposes of employment non-discrimination efforts. The Note examines statutory construction and legislative history, as well as case law to assess arguments as to whether Title VII impliedly amends section 1981 with respect to the private club exemption. The author argues that membership discrimination cases in the case law differ radically from employment discrimination cases, which address entirely different sets of rights. The argument concludes therefore that …
Mutable Characteristics And The Definition Of Discrimination Under Title Vii, Peter Brandon Bayer
Mutable Characteristics And The Definition Of Discrimination Under Title Vii, Peter Brandon Bayer
Scholarly Works
Title VII of the Civil Rights Act of 1964 prohibits racial, religious, gender, ethnic, and color discrimination in employment. In most instances the courts interpret the statute very broadly. However, a line of cases holds that discrimination predicated on a forbidden criterion coupled with a ‘mutable’—easily altered—characteristic does not constitute a violation of Title VII. This Article attempts to debunk the ‘mutable’ characteristic doctrine by discerning a general definition of discrimination under Title VII and applying that definition to demonstrate that mutability analysis contradicts the letter and spirit of the law.