Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Civil Rights and Discrimination (13)
- Constitutional Law (7)
- Labor and Employment Law (7)
- Social and Behavioral Sciences (4)
- Disability Law (3)
-
- Education Law (3)
- Law and Race (3)
- Sociology (3)
- Courts (2)
- Dispute Resolution and Arbitration (2)
- Economics (2)
- International Law (2)
- Jurisprudence (2)
- Law and Society (2)
- Public Affairs, Public Policy and Public Administration (2)
- Public Policy (2)
- Race and Ethnicity (2)
- State and Local Government Law (2)
- Supreme Court of the United States (2)
- Administrative Law (1)
- Architecture (1)
- Business Organizations Law (1)
- Civic and Community Engagement (1)
- Criminal Law (1)
- Criminal Procedure (1)
- Demography, Population, and Ecology (1)
- Disability Studies (1)
- Entertainment, Arts, and Sports Law (1)
- First Amendment (1)
- Institution
-
- University of Michigan Law School (6)
- Cornell University Law School (4)
- University of Massachusetts Boston (2)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (2)
- University of Pittsburgh School of Law (2)
-
- William & Mary Law School (2)
- Cleveland State University (1)
- Fordham Law School (1)
- Maurer School of Law: Indiana University (1)
- Northern Illinois University (1)
- Schulich School of Law, Dalhousie University (1)
- Selected Works (1)
- Southern Methodist University (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- U.S. Naval War College (1)
- University of Cincinnati College of Law (1)
- University of Massachusetts Amherst (1)
- University of Richmond (1)
- University of South Carolina (1)
- Vanderbilt University Law School (1)
- Washington and Lee University School of Law (1)
- Yeshiva University, Cardozo School of Law (1)
- Publication
-
- Cornell Law Review (4)
- Articles (3)
- Michigan Law Review (3)
- Scholarly Works (2)
- Tools for Inclusion Series, Institute for Community Inclusion (2)
-
- Ann Bartow (1)
- Center for Economic Development Technical Reports (1)
- Cleveland State Law Review (1)
- Dalhousie Law Journal (1)
- Faculty Articles and Other Publications (1)
- Faculty Journal Articles and Book Chapters (1)
- Faculty Publications (1)
- Fordham Law Review (1)
- Indiana Law Journal (1)
- International Law Studies (1)
- Law Faculty Publications (1)
- Library Staff Publications (1)
- Michigan Journal of International Law (1)
- Michigan Journal of Race and Law (1)
- Northern Illinois University Law Review (1)
- South Carolina Law Review (1)
- Touro Law Review (1)
- University of Michigan Journal of Law Reform (1)
- Vanderbilt Law School Faculty Publications (1)
- Washington and Lee Journal of Civil Rights and Social Justice (1)
- Publication Type
Articles 1 - 30 of 34
Full-Text Articles in Law
Symposium: Work And Family Introduction, Lorraine Schmall
Symposium: Work And Family Introduction, Lorraine Schmall
Northern Illinois University Law Review
Work and family problems seem as numerous, and as difficult to deal with as our children. Invidious discrimination, inadequate laws, intra-family dissension all contribute to our woes. But the dialogue has begun, and problem-solving cannot be too far behind.
Equal Rights, Special Rights, And The Nature Of Antidiscrimination Law, Peter J. Rubin
Equal Rights, Special Rights, And The Nature Of Antidiscrimination Law, Peter J. Rubin
Michigan Law Review
Despite the continued belief held by most Americans that certain characteristics should not form the basis for adverse decisions about individuals in employment, housing, public accommodations, and the provision of a wide range of governmental and private services and opportunities, antidiscrimination laws have increasingly come under attack on the ground that they provide members of the group against whom discrimination is forbidden with "special rights." The "special rights" objection has been voiced most strongly, but not exclusively, against laws that seek to prohibit discrimination on the basis of sexual orientation. This line of attack has not always been effective, but …
The New American Caste System: The Supreme Court And Discrimination Among Civil Rights Plaintiffs, Melissa L. Koehn
The New American Caste System: The Supreme Court And Discrimination Among Civil Rights Plaintiffs, Melissa L. Koehn
University of Michigan Journal of Law Reform
Fifteen percent of the decisions issued by the Supreme Court during its 1996-97 Term centered around section 1983. Section 1983 provides civil rights plaintiffs with a procedural mechanism for vindicating their federally protected rights, including those enshrined in the Constitution. The Court's decisions from its 1996-97 Term reflect a continuation of the alarming trend that has permeated section 1983 for the last two decades-a movement to decrease the scope of section 1983, regardless of the impact on constitutional rights. The Supreme Court appears to be creating a hierarchy both of constitutional rights and of plaintiffs: free speech and takings claims …
Book Review Of Forced Justice: School Desegregation And The Law And Race Relations Litigation In An Age Of Complexity, Davison M. Douglas
Book Review Of Forced Justice: School Desegregation And The Law And Race Relations Litigation In An Age Of Complexity, Davison M. Douglas
Faculty Publications
No abstract provided.
Rights Against Rules: The Moral Structure Of American Constitutional Law, Matthew D. Adler
Rights Against Rules: The Moral Structure Of American Constitutional Law, Matthew D. Adler
Michigan Law Review
The Bill of Rights, by means of open-ended terms such as "freedom of speech," "equal protection," or "due process," refers to moral criteria, which take on constitutional status by virtue of being thus referenced. We can disagree about whether the proper methodology for judicial application of these criteria is originalist or nonoriginalist. The originalist looks, not to the true content of the moral criteria named by the Constitution, but to the framers' beliefs about that content; the nonoriginalist tries to determine what the criteria truly require, and ignores or gives less weight to the framers' views. Bracketing this disagreement, however, …
Foreclosed Impartiality In Capital Sentencing: Jurors’ Predispositions Guilt-Trial Experience And Premature Decision Making , William J. Bowers, Marla Sandys, Benjamin D. Steiner
Foreclosed Impartiality In Capital Sentencing: Jurors’ Predispositions Guilt-Trial Experience And Premature Decision Making , William J. Bowers, Marla Sandys, Benjamin D. Steiner
Cornell Law Review
No abstract provided.
Post-Mccleskey Racial Discrimination Claims In Capital Cases , John H. Blume, Theodore Eisenberg, Sheri Lynn Johnson
Post-Mccleskey Racial Discrimination Claims In Capital Cases , John H. Blume, Theodore Eisenberg, Sheri Lynn Johnson
Cornell Law Review
No abstract provided.
Bellum Americanum: The U.S. View Of Twenty-First-Century War And Its Possible Implications For The Law Of Armed Conflict, Michael Schmitt
Bellum Americanum: The U.S. View Of Twenty-First-Century War And Its Possible Implications For The Law Of Armed Conflict, Michael Schmitt
International Law Studies
No abstract provided.
Old Jurisprudence: Respect In Retrospect , Anita Bernstein
Old Jurisprudence: Respect In Retrospect , Anita Bernstein
Cornell Law Review
No abstract provided.
Gender Sex Agency And Discrimination: A Reply To Professor Abrams , Katherine M. Franke
Gender Sex Agency And Discrimination: A Reply To Professor Abrams , Katherine M. Franke
Cornell Law Review
No abstract provided.
A Business Lawyer Looks At The Internet, John P. Freeman
A Business Lawyer Looks At The Internet, John P. Freeman
South Carolina Law Review
No abstract provided.
Tools For Inclusion: Americans With Disabilities Act (Ada) Title 1: Employment, Joe Marrone
Tools For Inclusion: Americans With Disabilities Act (Ada) Title 1: Employment, Joe Marrone
Tools for Inclusion Series, Institute for Community Inclusion
Brief overview of the concepts and scope of the Americans with Disabilities Act, plus resource lists.
Tools For Inclusion: The Americans With Disabilities Act: General Overview, Karen Zimbrich
Tools For Inclusion: The Americans With Disabilities Act: General Overview, Karen Zimbrich
Tools for Inclusion Series, Institute for Community Inclusion
Brief overview of the concepts and scope of the Americans with Disabilities Act, plus resource lists.
The Anatomy Of Disgust In Criminal Law, Dan M. Kahan
The Anatomy Of Disgust In Criminal Law, Dan M. Kahan
Michigan Law Review
My goal in this review is to call attention to a defect in the dominant theories of criminal law and to identify a resource for remedying it. The defect is the absence of a sophisticated account of how disgust does and should influence legal decisionmaking. The corrective resource is William Miller's The Anatomy of Disgust. To make my claims more vivid, consider two stories. Both involve men who were moved to kill by disgust toward homosexuality.
The Future Of Federal Disadvantaged Business Enterprise Programs:Did The Supreme Court's Decision Iin Adarand Constructors V. Pena Really Make A Difference?, Jennifer L. Haynes
The Future Of Federal Disadvantaged Business Enterprise Programs:Did The Supreme Court's Decision Iin Adarand Constructors V. Pena Really Make A Difference?, Jennifer L. Haynes
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
What's The Difference? Interpretation, Identity And R. V. R.D.S., Allan Hutchinson, Kathleen Strachan
What's The Difference? Interpretation, Identity And R. V. R.D.S., Allan Hutchinson, Kathleen Strachan
Dalhousie Law Journal
Lawyers hanker after authority. Whether it be in enforcing the law or justifying law's institutional power, there is an almost desperate yearning to establish and maintain the legitimacy of law and, therefore, of themselves, in a social world in which the whole notion of authority is challenged and undermined. When it comes to matters of legal interpretation, jurists and judges still crave some method that will ground or trace back an interpretation to a foundational or ultimate source that can confer authority on one particular interpretation over another. However, recent jurisprudential debate has done fatal damage to the notion that …
Housing Equity Analysis Final Report, Center For Economic Development
Housing Equity Analysis Final Report, Center For Economic Development
Center for Economic Development Technical Reports
the Purpose of this study is to assess the impact of discrimination on rental housing opportunities in Massachusetts. We obtained information on the numbers and types of housing discrimination cases filed in Massachusetts with federal, state, and private non-profit fair housing organizations. A total of 3,431 complaints were reported in Massachusetts from the period of 1990 to April 1998. Our findings indicate clearly, that rental housing discrimination exist in the state of Massachusetts. One of the major problems that we found is the fact that most instances of housing discrimination do not get reported. Based on our work, we are …
Book Review Of Employment Discrimination Law, James S. Heller
Book Review Of Employment Discrimination Law, James S. Heller
Library Staff Publications
No abstract provided.
Protecting Unionized Employees Against Discrimination: The Fourth Circuit's Misinterpretation Of Supreme Court Precedent, Ann C. Hodges
Protecting Unionized Employees Against Discrimination: The Fourth Circuit's Misinterpretation Of Supreme Court Precedent, Ann C. Hodges
Law Faculty Publications
This article will first review the Supreme Court's arbitration jurisprudence, concentrating on labor and employment law cases. Next, the article will analyze the cases involving arbitration under collective bargaining agreements decided by the courts of appeals subsequent to Gilmer. The article will then evaluate the two different approaches of the circuit courts in light of the law relating to collective bargaining and union representation. Finally, the article will review alternative methods of protecting employee rights to determine whether unions can preserve employees' statutory rights under the rule of the Fourth Circuit. The article concludes that the Supreme Court should …
Disparate Impact Discrimination: American Oddity Or Internationally Accepted Concept?, Elaine W. Shoben, Rosemary C. Hunter
Disparate Impact Discrimination: American Oddity Or Internationally Accepted Concept?, Elaine W. Shoben, Rosemary C. Hunter
Scholarly Works
Griggs v. Duke Power Co. was a landmark United States decision because it recognized that barriers to equal employment opportunity need not be overt and that practices that appear neutral on their face may nonetheless have an unjustifiably exclusionary effect on protected groups. This American insight has not been lost on other Western legal systems in the context of their antidiscrimination statutes and opinions. This article explores the favorable reception that disparate impact analysis has had bother in other countries with similar legal heritages and in international law.
Despite the wide acceptance of disparate impact analysis in the international marketplace …
Car Wars: The Fourth Amendment's Death On The Highway, David A. Harris
Car Wars: The Fourth Amendment's Death On The Highway, David A. Harris
Articles
In just the past few terms, the Supreme Court has issued several decisions that have increased police discretion to stop and question drivers and passengers and search both these persons and their vehicles. These cases are only the latest in a line that has slowly but surely made it ever easier for police to do these things without being concerned with procedural or constitutional obstacles.
This article traces the history of those cases, and argues that, however much protection the Fourth Amendment might accord to an ordinary citizen in his or her home or even walking down the street, it …
"Reverse Discrimination" And Higher Education Faculty, Joyce A. Hughes
"Reverse Discrimination" And Higher Education Faculty, Joyce A. Hughes
Michigan Journal of Race and Law
In this Article, the author critiques the use of "reverse discrimination" claims by White plaintiffs to challenge the hiring of Blacks in institutions of higher education. The author argues that "reverse discrimination" is a myth since no such claim is possible when one White candidate is selected over another; assumptions of inferiority are implicit where such a claim is made when a Black candiate is selected over a White candidate. In other words, allowing such a claim, even if ultimately unsuccessful, implies a presumption of superiority on the part of the White candidate. For this reason, the author argues that …
Thou Shalt Not Sue The Church: Denying Court Access To Ministerial Employees, Shawna Meyer Eikenberry
Thou Shalt Not Sue The Church: Denying Court Access To Ministerial Employees, Shawna Meyer Eikenberry
Indiana Law Journal
No abstract provided.
Arbitration Of Workplace Discrimination Claims: Federal Law And Compulsory Arbitration, Norris Case
Arbitration Of Workplace Discrimination Claims: Federal Law And Compulsory Arbitration, Norris Case
Touro Law Review
No abstract provided.
Exploring The Mysteries: Can We Ever Know Anything About Race And Tax?, Beverly I. Moran
Exploring The Mysteries: Can We Ever Know Anything About Race And Tax?, Beverly I. Moran
Vanderbilt Law School Faculty Publications
The politics behind tax legislation are explored in order to demonstrate that, rather than being surprising or unexpected, it is easily predictable that federal tax laws would favor whites over blacks.
Color At Century's End: Race In Law, Policy, And Politics, Christopher Edley, Jr.
Color At Century's End: Race In Law, Policy, And Politics, Christopher Edley, Jr.
Fordham Law Review
No abstract provided.
State Successions And Statelessness: The Emerging Right To An Effective Nationality Under International Law, Jeffrey L. Blackman
State Successions And Statelessness: The Emerging Right To An Effective Nationality Under International Law, Jeffrey L. Blackman
Michigan Journal of International Law
This paper surveys some of the recent developments in international law relating to nationality and state succession, and suggests a growing convergence among several legal principles-specifically the principle of effective nationality, the individual right to a nationality and the corresponding duty of states to prevent statelessness, and the norm of nondiscrimination. At some point this convergence of such diverse areas of law as nationality, diplomatic protection, and human rights will impose positive duties on successor states with respect to their inherited populations: namely the duty to secure effective nationality for persons affected by state succession.
Whose Federalism, S. Elizabeth Malloy
Whose Federalism, S. Elizabeth Malloy
Faculty Articles and Other Publications
This Article examines briefly the Seminole Tribe and City of Boerne decisions. Part II then focuses on the ADA and the reasons why Congress made it applicable to government conduct as well as private conduct. Finally, Part III examines the argument, based on the new federalism, that the ADA should not apply to state entities. It does not appear that the Court's new federalism has had a liberty-enhancing effect for some of the most vulnerable persons in our society. The Court's revitalized federalism jurisprudence has led to questions about the continuing validity of many of our civil rights statutes as …
Hopwood, Bakke And The Future Of The Diversity Justification, Lackland H. Bloom Jr.
Hopwood, Bakke And The Future Of The Diversity Justification, Lackland H. Bloom Jr.
Faculty Journal Articles and Book Chapters
The decision of the Court of Appeals for the Fifth Circuit in Hopwood v. Texas sent shock waves through the academic community with its holding that the Equal Protection Clause of the Fourteenth Amendment prohibited the University of Texas Law School from taking account of race as a factor in its admissions process. In the course of invalidating certain procedures employed by the law school, the Fifth Circuit concluded that Justice Powell's influential opinion in Regents of the University of California v. Bakke, which recognized the pursuit of diversity in higher education as a compelling state interest, had never constituted …
It Is Lawyers We Are Funding: A Constitutional Challenge To The 1996 Restrictions On The Legal Services Corporation, Jessica A. Roth
It Is Lawyers We Are Funding: A Constitutional Challenge To The 1996 Restrictions On The Legal Services Corporation, Jessica A. Roth
Articles
No abstract provided.