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Articles 31 - 60 of 151
Full-Text Articles in Law
Tester Standing Under Title Vii, Shannon E. Brown
Tester Standing Under Title Vii, Shannon E. Brown
Washington and Lee Law Review
No abstract provided.
Banishing The Thirteenth Juror: An Approach To The Identification Of Prosecutorial Racism, Elizabeth Beske
Banishing The Thirteenth Juror: An Approach To The Identification Of Prosecutorial Racism, Elizabeth Beske
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Retroactive Application Of The Civil Rights Act Of 1991 To Pending Cases, Michele A. Estrin
Retroactive Application Of The Civil Rights Act Of 1991 To Pending Cases, Michele A. Estrin
Michigan Law Review
This Note addresses the applicability of the Civil Rights Act of 1991 to cases pending on the Act's date of enactment. Part I discusses current Supreme Court doctrine on the issue. This Part finds that the Court has endorsed two conflicting views on retroactively applying statutes to pending cases and that the lower federal courts consequently lack a principled framework for dealing with retroactivity issues in the 1991 Act. Part II describes the battle over the Civil Rights Acts of 1990 and 1991 and the subsequent confusion over the enacted statute's reach. This Part finds that Congress provided conflicting textual …
Polarized Voting And The Political Process: The Transformation Of Voting Rights Jurisprudence, Samuel Issacharoff
Polarized Voting And The Political Process: The Transformation Of Voting Rights Jurisprudence, Samuel Issacharoff
Michigan Law Review
This article attempts to provide an analytic framework for the evolved voting rights law as it confronts the persistent effects of racial factionalism in the electoral arena. Insight into the corrosiveness of racially polarized voting and its frustration of minority electoral opportunity has organized and guided the new voting rights jurisprudence. This article will argue that the combination of process distortions from majority domination of electoral outcomes and substantive deprivation from minority exclusion defines this area of law and protects it against challenge from currently fashionable academic currents. The central insights gathered from the focus on polarized voting, I will …
Justice For Rodney King, Scott C. Burrell, Alan R. Dial, Thomas W. Mitchell
Justice For Rodney King, Scott C. Burrell, Alan R. Dial, Thomas W. Mitchell
Faculty Scholarship
May 1992 letter from three Howard University School of Law students to President George H.W. Bush advocating that the United States Department of Justice invoke the Petite Policy to initiate a criminal action against the Los Angeles Police Department police officers responsible for brutally beating Rodney King despite the fact that these offers had been acquitted in a California state court. The letter, which was read in front of the White House by Thomas Mitchell to hundreds of people who had gathered to urge the federal government to take action, sets forth a clear legal basis to permit the Justice …
The Adoption Of The Bill Of Rights, Maeva Marcus
The Adoption Of The Bill Of Rights, Maeva Marcus
William & Mary Bill of Rights Journal
No abstract provided.
Rhetorical Slavery, Rhetorical Citizenship, Gerald L. Neuman
Rhetorical Slavery, Rhetorical Citizenship, Gerald L. Neuman
Michigan Law Review
A Review of American Citizenship: The Quest for Inclusion by Judith N. Shklar
Illiberal Education: The Politics Of Race And Sex On Campus, Bruce Goldner
Illiberal Education: The Politics Of Race And Sex On Campus, Bruce Goldner
Michigan Law Review
A Review of Illiberal Education: The Politics of Race and Sex on Campus by Dinesh D'Souza
Whose World And How?, Milner S. Ball
Whose World And How?, Milner S. Ball
Michigan Law Review
A Review of Rethinking the American Race Problem by Roy L. Brooks
The Quest For Justice, James S. Fishkin
The Quest For Justice, James S. Fishkin
Michigan Law Review
A Review of Affirmative Action and Justice: A Philosophical and Constitutional Inquiry by Michel Rosenfeld
Are You Now Or Have You Ever Been A Member Of The Aclu, David Cole
Are You Now Or Have You Ever Been A Member Of The Aclu, David Cole
Michigan Law Review
A Review of In Defense of American Liberties: A History of the ACLU by Samuel Walker
Rights In The Modern Era: Applying The Bill Of Rights To The States, Stephen J. Wermiel
Rights In The Modern Era: Applying The Bill Of Rights To The States, Stephen J. Wermiel
William & Mary Bill of Rights Journal
No abstract provided.
Miles To Go: Some Personal Reflections On The Social Construction Of Disability, Dianne Pothier
Miles To Go: Some Personal Reflections On The Social Construction Of Disability, Dianne Pothier
Dalhousie Law Journal
The "social construction" of disability refers to the way an able bodied conception of disability magnifies its consequences. The social construction of disability assesses and deals with disability from an able bodied perspective. It includes erroneous assumptions about capacity to perform that come from an able bodied frame of reference. It encompasses the failure to make possible or accept different ways of doing things. It reflects a preoccupation with "normalcy" that excludes the disabled person.
The End Justifies The Means: Affirmative Action, Standards Of Review, And Justice White, Christopher S. Miller
The End Justifies The Means: Affirmative Action, Standards Of Review, And Justice White, Christopher S. Miller
University of Miami Law Review
No abstract provided.
Chutzpah, David A. Nacht
Chutzpah, David A. Nacht
Michigan Law Review
A Review of Chutzpah by Alan M. Dershowitz
Employment Equality, Affirmative Action, And The Constitutional Political Consensus, Robert A. Sedler
Employment Equality, Affirmative Action, And The Constitutional Political Consensus, Robert A. Sedler
Michigan Law Review
A Review of Equality Transformed: A Quarter-Century of Affirmative Action by Herman Belz and A Conflict of Rights: The Supreme Court and Affirmative Action by Melvin I. Urofsky
Affirmative Action At Work: Law Politics, And Ethics, Michael K. Ross
Affirmative Action At Work: Law Politics, And Ethics, Michael K. Ross
Michigan Law Review
A Review of Affirmative Action at Work: Law Politics, and Ethics by Bron Raymond Taylor
The Hidden Gender Of Law, Christine Boyle
The Hidden Gender Of Law, Christine Boyle
Dalhousie Law Journal
Two legal academics who set out to produce a book of materials with such a title could weave many components into it. They could explore feminist methodology, and show how much feminist legal scholarship has in common with feminist scholarship generally. They could illustrate the influence of feminist academic work on actual legal decisions and legislation. They could discuss feminist scholarship and legal education, including the dramatic developments over the last twenty years. Questions about fundamental values - equality, liberty, security, fairness - could be addressed. Materials could be included from the field of law often called Women and the …
Christine Franklin, Petitioner V. Gwinnett County Public Schools And William Prescott, 60 U.S.L.W. 4167 (February 26, 1992), Tahirih Sadrieh
Christine Franklin, Petitioner V. Gwinnett County Public Schools And William Prescott, 60 U.S.L.W. 4167 (February 26, 1992), Tahirih Sadrieh
Circles: Buffalo Women's Journal of Law and Social Policy
No abstract provided.
Group Versus Individuals, Neal Devins
West Virginia's New Workers' Compensation Anti-Discrimination Provision: The Road To Court Is Paved With Good Intentions, Bryan R. Cokeley
West Virginia's New Workers' Compensation Anti-Discrimination Provision: The Road To Court Is Paved With Good Intentions, Bryan R. Cokeley
West Virginia Law Review
No abstract provided.
The Newly Disenfranchised: A Constitutional Right Withheld, Herman R. Brown Jr.
The Newly Disenfranchised: A Constitutional Right Withheld, Herman R. Brown Jr.
University of the District of Columbia Law Review
Traditionally, Blacks and women have been denied their constitutional rights based strictly on race and sex. This brand of disenfranchisement has in many instances made these groups feel like "second class" citizens. Although recently, these groups have been able to share in some rights previously withheld, the "playing field of equality of rights" is still not level. For example, women still earn less pay for comparable work performed by their male counterparts. Blacks continue to be shut out of the system based strictly on race. Just as women and Blacks have been denied their rights, other groups have suffered similar …
Beyond The New Property: The Right To Become And Remain Productive, Edgar S. Cahn
Beyond The New Property: The Right To Become And Remain Productive, Edgar S. Cahn
University of the District of Columbia Law Review
The sixties and seventies saw the creation of new rights and the expansion of old ones in response to discrimination, disenfranchisement, and poverty. The new rights were both participatory rights' and substantive rights.2 They effected a redistribution of wealth and power. Essentially, they were rights to consume and rights to share. We called these rights "The New Property."3 As we moved from an era of sustained growth and surplus to budget deficits and trade deficits, we have been less willing to address social problems by expansion of those rights. Political and judicial receptivity to further redistribution diminished sharply.' Litigation seeking …
The Civil Rights Act Of 1991'S Answer To Lorance V. At&T Technologies, Inc., R. Chet Loftis
The Civil Rights Act Of 1991'S Answer To Lorance V. At&T; Technologies, Inc., R. Chet Loftis
Brigham Young University Journal of Public Law
No abstract provided.
Title Vii & The Civil Rights Act Of 1991: What Professional Firms Should Know, Ezra T. Clark Iii
Title Vii & The Civil Rights Act Of 1991: What Professional Firms Should Know, Ezra T. Clark Iii
Brigham Young University Journal of Public Law
No abstract provided.
The Death Of The Employer: Image, Text, And Title Vii, D. Marvin Jones
The Death Of The Employer: Image, Text, And Title Vii, D. Marvin Jones
Vanderbilt Law Review
It is incredible that our people's faith could have brought them so much they sought in the law and left them with so little they need in life. It is so unfair. Like the crusaders of old we sought our Holy Grail of "equal opportunity," and having gained it in court decisions and civil rights statutes, found the quest to be for naught. Equal opportunity, far from being the means of achieving racial equality, has become yet another device for perpetuating the racial status quo.'
Title VII of the Civil Rights Act of 1964 was hailed as the most important …
Beyond Legal Rights? The Future Of Legal Rights And The Welfare System, Paul K. Legler
Beyond Legal Rights? The Future Of Legal Rights And The Welfare System, Paul K. Legler
Brigham Young University Journal of Public Law
No abstract provided.
Legislative Inputs And Gender-Based Discrimination In The Burger Court, Earl M. Maltz
Legislative Inputs And Gender-Based Discrimination In The Burger Court, Earl M. Maltz
Michigan Law Review
In An Interpretive History of Modem Equal Protection, Michael Klarman poses a powerful challenge to the conventional wisdom regarding the structure of Burger Court jurisprudence. Most commentators have concluded that during the Burger era the Court lacked a coherent vision of constitutional law, and was given to a "rootless" activism or a "pragmatic" approach to constitutional analysis. Klarman argues that, at least in the area of equal protection analysis, the Burger Court's approach did reflect a unifying theme, which he describes as a focus on "legislative inputs." According to Klarman, this approach "directs judicial review towards purging legislative decision-making of …
The Supreme Judicial Court In Its Fourth Century: Meeting The Challenge Of The "New Constitutional Revolution", Charles Baron
The Supreme Judicial Court In Its Fourth Century: Meeting The Challenge Of The "New Constitutional Revolution", Charles Baron
Charles H. Baron
In the mid-19th century, when the United States was confronted with daunting changes wrought by its expanding frontiers and the advent of the industrial revolution, its state supreme courts developed the principles of law which facilitated the nation's growth into the great continental power it became. First in influence among these state supreme courts was the Supreme Judicial Court of Massachusetts-whose chief justice, Lemuel Shaw, came widely to be known as "America's greatest magistrate." It is this tradition that the court brings with it as it develops its place in the "new constitutional revolution" presently sweeping our state supreme courts. …
Job Bias Celebrity At Hollins, Beth Macy