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Articles 1 - 11 of 11
Full-Text Articles in Law
Postconviction Review Of Jury Discrimination: Measuring The Effects Of Juror Race On Jury Decisions, Nancy J. King
Postconviction Review Of Jury Discrimination: Measuring The Effects Of Juror Race On Jury Decisions, Nancy J. King
Michigan Law Review
In Part I, I review the empirical evidence concerning the effect of jury discrimination on jury decisions. Using the work of social and cognitive psychologists, I argue that the influence of jury discrimination on jury decisions is real and can be measured by judges in certain circumstances. The empirical studies suggest criteria that courts could use to identify the cases in which jury discrimination is most likely to affect the verdict. I also refute the argument that white judges can never predict the behavior of jurors of racial backgrounds different than their own and conclude that judicial estimates of the …
Proving Environmental Inequity In Siting Locally Unwanted Land Uses, Michael Greenberg
Proving Environmental Inequity In Siting Locally Unwanted Land Uses, Michael Greenberg
RISK: Health, Safety & Environment (1990-2002)
This paper advances a process for determining whether, e.g., waste-to-energy facilities are disproportionately located in minority and poor communities, and the author asks others to join in searching for a scientifically sound and fair process of resolving conflicting interests in locating LULUs. He also discusses some difficult issues and argues that they need to be addressed by a representative panel.
Guess Who's Not Coming To Dinner!!, Stephen Reinhardt
Guess Who's Not Coming To Dinner!!, Stephen Reinhardt
Michigan Law Review
A Review of Faces at the Bottom of the Well: The Permanence of Racism by Derrick Bell and Two Nations: Black and White, Separate, Hostile, Unequal by Andrew Hacker
Reproductive Technology And Disability: Searching For The "Rights" And Wrongs In Explanation, Judith Mosoff
Reproductive Technology And Disability: Searching For The "Rights" And Wrongs In Explanation, Judith Mosoff
Dalhousie Law Journal
Several years ago I worked as a lawyer representing psychiatric patients on the grounds of a large medieval-looking turn-of-the-century mental hospital in British Columbia. Soon after starting my new job I met Ann, a woman who shortly after her admission as an involuntary patient had informed her treatment team that she was pregnant. She had always wanted to have a baby. When she told her doctor about her pregnancy, he decided that this idea was part of her delusional system and prescribed anti-psychotic drugs to control her pathology. In fact she was pregnant and the medication given during the first …
Prostitution: Where Racism & Sexism Intersect, Vednita Nelson
Prostitution: Where Racism & Sexism Intersect, Vednita Nelson
Michigan Journal of Gender & Law
Black women find themselves in a unique and extremely difficult position in our society. They are forced to deal with the oppression that arises from being Black in a white-supremacist culture and the oppression that arises from being female in a male-supremacist culture. In order to examine the experience of being Black and female, this paper attempts to describe that very difficult, tight space where Black women attempt to survive-that space where racism and sexism intersect.
An Imperfect Remedy For Imperfect Violence: The Construction Of Civil Rights In The Violence Against Women Act, David Frazee
An Imperfect Remedy For Imperfect Violence: The Construction Of Civil Rights In The Violence Against Women Act, David Frazee
Michigan Journal of Gender & Law
Along with the Civil Rights Act of 1964 and the Americans with Disabilities Act, the Violence Against Women Act (VAWA) could be the most significant addition to federal civil rights laws in the last century. While potentially revolutionary, the VAWA's civil rights remedy forges two problematic legal concepts-traditional civil rights jurisprudence and "perfect" violence-into a super-remedy that risks combining the worst aspects of each. Those who utilize and interpret the Act can avoid this outcome by situating individual violent acts in the broader social and historical context of gender-motivated violence.
Fairness And Finality: Third-Party Challenges To Employment Discrimination Consent Decrees After The 1991 Civil Rights Act , Majorie A. Silver
Fairness And Finality: Third-Party Challenges To Employment Discrimination Consent Decrees After The 1991 Civil Rights Act , Majorie A. Silver
Fordham Law Review
In this Article, Professor Silver examines Section 108 of the Civil Rights Act of 1991, which limits challenges to employment practices taken pursuant to employment discrimination consent decrees. The Article traces the development of the impermissible collateral attack doctrine, that doctrine's demise in Martin v. Wilks, and Congress' response to Martin as embodied in Section 108. Professor Silver also suggests ways in which Section 108 should be administered to comply with the Due Process Clause and argues for specific additional federal legislation to protect non-litigants or potential third-party challengers as well as to foster the utility and finality of legitimate …
The Recent Respectability Of Summary Judgments And Directed Verdicts In Intentional Age Discrimination Cases: Adea Case Analysis Through The Supreme Court's Summary Judgment Prism, Frank J. Cavaliere
The Recent Respectability Of Summary Judgments And Directed Verdicts In Intentional Age Discrimination Cases: Adea Case Analysis Through The Supreme Court's Summary Judgment Prism, Frank J. Cavaliere
Cleveland State Law Review
The purpose of this Article is to review recent Supreme Court "guidance" on standards for summary judgment and directed verdict and the effect these decisions are having upon ADEA cases.
Operation Rescue Blockades And The Misuse Of 42 U.S.C. 1985(3), Michael F. O'Brien
Operation Rescue Blockades And The Misuse Of 42 U.S.C. 1985(3), Michael F. O'Brien
Cleveland State Law Review
The purpose of this Note is to demonstrate that § 1985(3) is not applicable to Operation Rescue's blockade activities. Part II provides a brief survey of the history of § 1985(3) from its roots in the post-Civil War era to the 1950's. Part III examines the requirements for a § 1985(3) claim as delineated in the Griffin, Novotny, and Scott decisions. Part IV applies these requirements to the blockade controversy and argues that: (1) Gender-based animus should be accepted by the Court as a form of class-based animus within the meaning of § 1985(3); (2) the blockades do not fall …
Urban Criminal Justice: No Fairer Than The Larger Society, Joanne Page
Urban Criminal Justice: No Fairer Than The Larger Society, Joanne Page
Fordham Urban Law Journal
This Essay reflects the author's personal perspective on the fairness of the criminal justice system. She argues that the key to assessing the fairness of the system is to examine it, not in isolation, but within a larger social context. The criminal justice system is part of the larger society, shares its values and is shaped by its allocation of resources. The criminal justice system is consistent with the values of that larger society: It treats the lives of poor people and people of color as being of inferior worth, skewing its intervention toward control and punishment rather than toward …