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Articles 1 - 30 of 129
Full-Text Articles in Law
Civil Action No. 84-3040 Defendant's Identification Of Expert Witnesses, United States District Court For The District Of Columbia
Civil Action No. 84-3040 Defendant's Identification Of Expert Witnesses, United States District Court For The District Of Columbia
Ann B. Hopkins Papers
No abstract provided.
Civil Action No. 84-3040 Plaintiff's Further Answers To Defendant's Interrogatories Relief Phase - Set I, United States District Court For The District Of Columbia
Civil Action No. 84-3040 Plaintiff's Further Answers To Defendant's Interrogatories Relief Phase - Set I, United States District Court For The District Of Columbia
Ann B. Hopkins Papers
No abstract provided.
Civil Action No. 84-3040 Plaintiff's Response To Defendant's Request For Documents, United States District Court For The District Of Columbia
Civil Action No. 84-3040 Plaintiff's Response To Defendant's Request For Documents, United States District Court For The District Of Columbia
Ann B. Hopkins Papers
No abstract provided.
Civil Action No. 84-3040 Plaintiff's Brief On Remand, United States District Court For The District Of Columbia
Civil Action No. 84-3040 Plaintiff's Brief On Remand, United States District Court For The District Of Columbia
Ann B. Hopkins Papers
No abstract provided.
Civil Action No. 84-3040 Defendant's Brief On Remand, United States District Court For The District Of Columbia
Civil Action No. 84-3040 Defendant's Brief On Remand, United States District Court For The District Of Columbia
Ann B. Hopkins Papers
No abstract provided.
Civil Action No. 84-3040 Plaintiff's Proposed Findings Of Fact, United States District Court For The District Of Columbia
Civil Action No. 84-3040 Plaintiff's Proposed Findings Of Fact, United States District Court For The District Of Columbia
Ann B. Hopkins Papers
No abstract provided.
Civil Action No. 84-3040 Appendix To Defendant's Brief On Remand, United States District Court For The District Of Columbia
Civil Action No. 84-3040 Appendix To Defendant's Brief On Remand, United States District Court For The District Of Columbia
Ann B. Hopkins Papers
No abstract provided.
Civil Action No. 84-3040 Defendant's Proposed Findings Of Fact, United States District Court For The District Of Columbia
Civil Action No. 84-3040 Defendant's Proposed Findings Of Fact, United States District Court For The District Of Columbia
Ann B. Hopkins Papers
No abstract provided.
A Critical Approach To Section 1983 With Special Attention To Sources Of Law, Jack M. Beermann
A Critical Approach To Section 1983 With Special Attention To Sources Of Law, Jack M. Beermann
Faculty Scholarship
The Civil Rights Act of 18711 ("§ 1983") establishes a tort-like remedy for persons deprived of federally protected rights "under color of law."'2 While the statute's broad language provides a remedy for violations of federal constitutional and statutory rights, the statute itself provides little or no guidance regarding important subjects such as the measure of damages, the availability of punitive damages, the requirements for equitable relief, the statute of limitations, survival of claims, proper parties, and immunities from suit.3...
...The first part of this article examines the narrowly "legal" analysis of § 1983 in the cases …
Civil Action No. 84-3040 Defendant's Interrogatories Relief Phase - Set I, United States District Court For The District Of Columbia
Civil Action No. 84-3040 Defendant's Interrogatories Relief Phase - Set I, United States District Court For The District Of Columbia
Ann B. Hopkins Papers
No abstract provided.
Civil Action No. 84-3040 Notice Of Deposition - Request For Documents, United States District Court For The District Of Columbia
Civil Action No. 84-3040 Notice Of Deposition - Request For Documents, United States District Court For The District Of Columbia
Ann B. Hopkins Papers
No abstract provided.
Civil Action No. 84-3040 Order, United States Court Of Appeals For The District Of Columbia Circuit
Civil Action No. 84-3040 Order, United States Court Of Appeals For The District Of Columbia Circuit
Ann B. Hopkins Papers
No abstract provided.
Civil Action No. 84-3040 Plaintiff's Discovery Requests Relief Phase - Set I (Revised), United States District Court For The District Of Columbia
Civil Action No. 84-3040 Plaintiff's Discovery Requests Relief Phase - Set I (Revised), United States District Court For The District Of Columbia
Ann B. Hopkins Papers
No abstract provided.
No. 84-3040 Order 1989-10-03, United States District Court For The District Of Columbia
No. 84-3040 Order 1989-10-03, United States District Court For The District Of Columbia
Ann B. Hopkins Papers
No abstract provided.
Constitutional Law—Civil Rights—State's Failure To Protect Child From Known Abuse Does Not Trigger Liability Under Section 1983. Deshaney V. Winnebago County Department Of Social Services, 109 S. Ct. 998 (1989)., Sarah J. Hefley
University of Arkansas at Little Rock Law Review
No abstract provided.
Title Vii Remedies: Reinstatement And The Innocent Incumbent Employee, Larry M. Parsons
Title Vii Remedies: Reinstatement And The Innocent Incumbent Employee, Larry M. Parsons
Vanderbilt Law Review
Congress enacted Title VII of the Civil Rights Act of 19641 twenty-five years ago. Through Title VII Congress sought to remove artificial barriers that limited employment opportunities for minorities. The statute is not limited, however, to prohibiting race discrimination. Title VII directly confronts the problem of discrimination in the workplace by prohibiting employment decisions based on the race, color, religion, sex, or national origin of the employee or applicant. The Act prohibits an employer from favoring one group of employees over another due to irrelevant characteristics and classifications.
Title VII litigation occupies a significant portion of the federal docket. The …
"Sentencing And Visible Minorities: Equality And Affirmative Action In The Criminal Justice System", Bruce P. Archibald
"Sentencing And Visible Minorities: Equality And Affirmative Action In The Criminal Justice System", Bruce P. Archibald
Dalhousie Law Journal
The Canadian criminal justice system is facing serious criticism for being racist. Certain Canadian laws and judicial decisions in the past have made the legal system an easy target for such charges. Canadian governments have acknowledged the problems of racism in Canadian society, and provincial and federal human rights legislation exemplify efforts to eradicate racial discrimination. However, racial discrimination persists in Canadian society and the criminal justice system occupies a particularly sensitive place in controversies over the role of the state in these problems. Moreover, the equality provisions in the Canadian Charter of Rights and Freedoms have quite properly raised …
An Abused Child's Right To Life, Liberty, And Property In The Home: Constitutional Approval Of State Inaction, Michael J. Florio
An Abused Child's Right To Life, Liberty, And Property In The Home: Constitutional Approval Of State Inaction, Michael J. Florio
West Virginia Law Review
No abstract provided.
Female Faces Are Still A Rarity Atop U.S Corporate Ladder, Barbara Coleman
Female Faces Are Still A Rarity Atop U.S Corporate Ladder, Barbara Coleman
Ann B. Hopkins Papers
No abstract provided.
Race And The Police Power: 1890 To 1937, Richard A. Epstein
Race And The Police Power: 1890 To 1937, Richard A. Epstein
Washington and Lee Law Review
No abstract provided.
Civil Action No. 85-6052 Order, United States Court Of Appeals For The District Of Columbia Circuit
Civil Action No. 85-6052 Order, United States Court Of Appeals For The District Of Columbia Circuit
Ann B. Hopkins Papers
No abstract provided.
Challenging Discriminatory Guesswork: Does Impact Analysis Apply, Michael A. Middleton
Challenging Discriminatory Guesswork: Does Impact Analysis Apply, Michael A. Middleton
Faculty Publications
This article initially examines the traditional theories of proof in Title VII cases. It then discusses approaches by lower courts in resolving the competing concerns raised in applying those traditional theories in challenges to subjective selection devices. This article next discusses the Supreme Court's resolution of the problem in Watson and suggests a workable alternative resolution that will not undermine the broad prophylactic purposes of Title VII.
Habeas Corpus Committee - Correspondence, Lewis F. Powell, Jr.
Habeas Corpus Committee - Correspondence, Lewis F. Powell, Jr.
Habeas Corpus Committee
No abstract provided.
System-Wide Title Vi Regulation Of Higher Education, 1968-1988: Implications For Increased Minority Participation, John B. Williams
System-Wide Title Vi Regulation Of Higher Education, 1968-1988: Implications For Increased Minority Participation, John B. Williams
Trotter Review
In 1964, 300,000 blacks were enrolled in the nation’s higher education system, most of them attending black colleges and universities in the South; 4,700,000 whites attended colleges during the same year. With passage of the 1964 Civil Rights Law, the federal government acknowledged an inequity in blacks’ opportunity to attend college and gave promise of becoming a major source of pressure for desegregating higher education. But the potential of Title VI, the promise of government intervention to accomplish greater equity, has never been fulfilled.
Specifically, Title VI renders discriminatory agencies and institutions, including colleges and universities, ineligible to receive federal …
Wrestling With Bias, Daniel Seligman
Federal Habeas Corpus Review Of State Judgments, Department Of Justice Office Of Legal Policy
Federal Habeas Corpus Review Of State Judgments, Department Of Justice Office Of Legal Policy
University of Michigan Journal of Law Reform
This Report carries out a review of the historical development of the federal habeas corpus jurisdiction; examines its contemporary character and operation; and discusses relevant policy considerations. The Report concludes that federal habeas corpus as a post-conviction remedy for state prisoners should be abolished or limited as far as possible. The limited reform proposals that were passed by the Senate in 1984 and that are currently before Congress as Title II of the proposed Criminal Justice Reform Act provide the best immediate prospect for improvement.
Double Jeopardy And G0vernment Appeals Of Acquittals, Department Of Justice Office Of Legal Policy
Double Jeopardy And G0vernment Appeals Of Acquittals, Department Of Justice Office Of Legal Policy
University of Michigan Journal of Law Reform
As part of a continuing series of papers on impediments to the search for truth in criminal investigation and adjudication, the Office of Legal Policy has carried out a review of the law governing double jeopardy prohibitions on federal government appeals of criminal acquittals. These prohibitions undermine the search for truth in criminal adjudication by allowing some wrongly acquitted, culpable individuals to go unpunished. The results of our review are set out in this Report.
The Admission Of Criminal Histories At Trial, Department Of Justice Office Of Legal Policy
The Admission Of Criminal Histories At Trial, Department Of Justice Office Of Legal Policy
University of Michigan Journal of Law Reform
As part of a continuing series of studies on impediments to the search for truth in criminal investigation and adjudication, the Office of Legal Policy has carried out a review of the law governing the admission of the criminal records of defendants and other persons at trial. The results of this review are set out in this Report.
The Sixth Amendment Right To Counsel Under The Massiah Line Of Cases, Department Of Justice Office Of Legal Policy
The Sixth Amendment Right To Counsel Under The Massiah Line Of Cases, Department Of Justice Office Of Legal Policy
University of Michigan Journal of Law Reform
The sixth amendment guarantees to the accused in a criminal prosecution the right "to have the Assistance of Counsel for his defence." In Massiah v. United States, the Supreme Court held this right was violated when there was used against the defendant at trial evidence of incriminating statements deliberately elicited from him by an informant after he had been indicted and in the absence of counsel. In effect, this decision and others that 'followed have created a new constitutional right not to be questioned about pending charges prior to trial except in the presence of an attorney.
One consequence …
Finding A "Manifest Imbalance": The Case For A Unified Statistical Test For Voluntary Affirmative Action Under Title Vii, David D. Meyer
Finding A "Manifest Imbalance": The Case For A Unified Statistical Test For Voluntary Affirmative Action Under Title Vii, David D. Meyer
Michigan Law Review
This Note analyzes the "manifest imbalance" standard developed in Weber and Johnson and the various approaches the lower courts have taken in trying to apply the test. Part I examines the Weber and Johnson opinions in some detail, and argues that the Court intended to permit affirmative action aimed at remedying the evident effects of past discrimination, regardless of whether the employer or society at large is to blame. Section I.A describes the diverging constitutional and statutory standards for evaluating voluntary affirmative action programs, and the policies behind the divergence. Sections I.B and I.C take a closer look at the …