Law Commons^™

Toward A New Standard In Gender Discrimination: The Case Of Virginia Military Institute, William A. Devan

William & Mary Law Review

No abstract provided.

Dressing For Power, The Washington Post

Ann B. Hopkins Papers

No abstract provided.

The Silenced Majority: Martin V. Wilks And The Legislative Response, Susan Grover

Faculty Publications

An American worker finds himself disadvantaged by an employer's affirmative action program. The worker heads for the courthouse, reverse discrimination complaint in hand. Will he be allowed to sue? Prior to the Supreme Court's 1989 Martin v. Wilks decision, the answer to that question tended to be "no." Wilks changed the answer to an emphatic ·yes." With the 1991 Civil Rights Act, the answer has become "probably not." This article discusses the bar against such challenges as developed through case law and recent congressional action. It addresses the implications that the new statutory bar will have for the structure of …

Feminism Awry: Excesses In The Pursuit Of Rights And Trifles, Kenneth Lasson

All Faculty Scholarship

Perhaps it is best to begin with the positive. From virtually any perspective, liberal and conservative feminists in the twentieth century have improved the quality of life for many women in a number of noteworthy ways. They have helped win the right to vote, to own property, to make contracts, to serve on juries, to use contraceptives.

They have succeeded in asserting the need for enhanced economic opportunities: equal pay for equal work, maternity leave, flex-time for mothers. They have made significant advancements against both domestic battery and sexual harassment in the workplace. As a consequence of all these efforts, …

Rule Revision Roundelay, Carl W. Tobias

Law Faculty Publications

A critique of the proposed revision of F.R.C.P. Rule 11.

The Four Failures Of The Political Economy, Joseph P. Tomain

Faculty Articles and Other Publications

A contemporary policy analyst accustomed to the ways of the micro economic model might admit that the effects of certain types of environmental regulation, (the placement of hazardous waste facilities, for example) might disproportionately impact the poor because it is economically prudent to locate facilities where land is the cheapest. The harsh reality of this strategy is that poor people are more likely to live in poorer sections of the country; thus, the likelihood of being closer to such a facility is higher than that of the general populace. Thus, under this hypothesis, environmental equity is classbased and dictated by …

Moving Toward Equal Treatment Of Homosexuals, John Cary Sims

McGeorge School of Law Scholarly Articles

No abstract provided.

Race And The Rehnquist Court, Brian K. Landsberg

McGeorge School of Law Scholarly Articles

No abstract provided.

"We Are The People": Alien Suffrage In German And American Perspective, Gerald L. Neuman

Michigan Journal of International Law

This article will explore the constitutional debate over alien suffrage in the FRG, both for its own interest and in order to compare it with understandings of alien suffrage in the United States. As the interdependence of national economies deepens and regional "common market" arrangements multiply, more nations (including the United States) may be called upon to rethink the question of alien suffrage. The thoroughness and the explicitness with which the German legal community has debated this issue has brought to the surface arguments and assumptions that remain latent in U.S. commentary on the political status of aliens. Thus, the …

Introduction To The Report And Recommendations Of The Florida Supreme Court Racial And Ethnic Bias Study Commission, Leander J. Shaw, Jr.

Florida State University Law Review

No abstract provided.

Another Step Towards Ending Discrimination In The Jury Selection Process - Powers V. Ohio, L. Phillip Hornthal Iii

Campbell Law Review

This Note has four objectives. First, this Note will review the constitutional history behind Powers, involving racially motivated discrimination in the jury selection process. Second, this Note will analyze and discuss the Powers decision. Third, this Note will attempt to ascertain the impact of the decision. Finally, this Note will suggest that while Powers marks progress in the right direction, there are other important questions that need to be resolved before the jury selection process will be totally free from discrimination.

Words That Deny, Devalue, And Punish: Judicial Responses To Fetus-Envy?, Sherry F. Colb

Cornell Law Faculty Publications

Abstract needed.

Executive Veto, Congressional Compromise, And Judicial Confusion: The 1991 Civil Rights Act - Does It Apply Retroactively?, Linda Urbanik

Loyola University Chicago Law Journal

No abstract provided.

Law Enforcement And Racial And Ethnic Bias, Daniel E. Georges-Abeyie

Florida State University Law Review

No abstract provided.

Whatever Happened To The Fourth Amendment: Undocumented Immigrants' Rights After Ins V. Lopenz-Mendoza And United States V. Verdugo-Urquidez, Victor C. Romero

Journal Articles

This Note rejects the Court's approach to the Fourth Amendment in Lopez and Verdugo and attempts to redefine the boundaries of Fourth Amendment protections for undocumented immigrants. Part I examines the impact of the Lopez and Verdugo decisions upon undocumented immigrants' Fourth Amendment rights. Part II evaluates the arguments for extending Fourth Amendment protections to undocumented immigrants. Viewing the Fourth Amendment as a restriction on government intrusion, Part III examines the constitutional remedies available to undocumented immigrants. This part rejects the Lopez restrictions on the applicability of the exclusionary rule and concludes that the Fourth Amendment neither draws distinctions among …

Civil Rights Plaintiffs And The Proposed Revision Of Rule 11, Carl W. Tobias

Law Faculty Publications

The 1983 amendment of Federal Rule of Civil Procedure 11 has been the most controversial revision of the Federal Rules in their fifty-five-year history, and Rule l l's implementation has been most controversial in civil rights cases. Rule ll's application has disadvantaged civil rights plaintiffs more than any other category of civil litigant. Courts have found civil rights plaintiffs in violation of Rule 11 at a higher rate than other types of plaintiffs and have imposed substantial sanctions on them. Civil rights plaintiffs have been required to participate in expensive, unnecessary satellite litigation involving this provision. Indeed, a new study …

Civil Rights Procedural Problems, Carl W. Tobias

Law Faculty Publications

Congress passed the Civil Rights Act of 1991 primarily to modify numerous Supreme Court opinions of the 1988 Term that jeopardized the rights of minorities and women. Particularly striking about those Supreme Court cases was the number which involved procedural questions and process values. These included the timing of litigation, both when employment discrimination victims must commence actions and when non-parties can reopen civil rights cases resolved through consent decrees; litigant responsibility for the expense of lawsuits; and proof requirements.

Most of the procedural developments in civil rights and employment discrimination litigation of the 1988 Term, however, were only recent …

National Rainbow Coalition, Inc.: Planks That They Would Like To See Adopted By The Democratic Party Platform Committee

Saffy Collection - All Textual Materials

Suggestions for Democratic National Convention, 1992. Box 11, Folder 8

Expanding Our Vision Of Legal Services Representation– The Hermanas Unidas Project, Stacy Brustin

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Roe V. Wade And The Dred Scott Decision: Justice Scalia's Peculiar Analogy In Planned Parenthood V. Casey, Jamin B. Raskin

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Lost Innocence And The Moral Foundation Of Law, Kate Nace Day

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Civil Actions For Emotional Distress And R.A.V. V. City Of St. Paul, Michael K. Steenson

Faculty Scholarship

The law of emotional distress is characterized by judicial reluctance to create and expand remedies for emotional injuries. The issue here is whether the Court's decision in R.A.V. v. City of St. Paul will impose further limitations on the right to recover civil damages for the intentional infliction of emotional injury, particular emotional injuries resulting from hate speech. This symposium first examines the applicability of the tort to redress claims based on abusive epithets based on the victim's race, gender, or sexual orientation. The symposium then argues that using this tort in cases involving hate speech should not create constitutional …

Employment Discrimination—Title Vii Prohibits Fetal Protection Policy That Excludes All Fertile Women From Positions Involving Lead Exposure. International Union, United Auto Workers V. Johnson Controls, Inc., 111 S. Ct. 1196 (1991)., Edie Renee Ervin

University of Arkansas at Little Rock Law Review

No abstract provided.

Protecting Individuals From Sex Discrimination: Compensatory Relief Under Title Ix Of The Education Amendments Of 1972, Pamela W. Kernie

Washington Law Review

Title IX of the Education Amendments of 1972 prohibits sex discrimination by educational institutions that receive federal financial assistance. While federal courts agree that the purpose of Title IX is to protect individuals from sex discrimination, they are divided on the issue of whether compensatory damages are an available remedy to Title IX plaintiffs. This Comment discusses the limitations inherent in the enforcement of Title IX in the absence of a damages remedy and urges the Supreme Court to hold that damages are an available remedy.

Addendum To The Report And Recommendations Of The Florida Supreme Court Racial And Ethnic Bias Study Commission, Florida Supreme Court Racial And Ethnnic Bias Study Commission

Florida State University Law Review

No abstract provided.

The Bench And The Ballot: Applying The Protections Of The Voting Rights Act To Judicial Elections, Brenda Wright

Florida State University Law Review

No abstract provided.

Report And Recommendations Of The Florida Supreme Court Racial And Ethnic Bias Commission, Florida Supreme Court Racial And Ethnnic Bias Study Commission

Florida State University Law Review

No abstract provided.

Reforming Florida's Juvenile Justice System: A Case Example Of Bobby M. V. Chiles, Jodi Siegel

Florida State University Law Review

No abstract provided.

The Need For Affordable Housing: The Constitutional Viability Of Inclusionary Zoning, 26 J. Marshall L. Rev. 75 (1992), Serena M. Williams

UIC Law Review

No abstract provided.

The Gender Gap: Separating The Sexes In Public Education, Sharon K. Mollman

Indiana Law Journal

No abstract provided.