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Full-Text Articles in Law

Discriminatory Effect And The Fair Housing Act, Robert G. Schwemm Dec 1978

Discriminatory Effect And The Fair Housing Act, Robert G. Schwemm

Law Faculty Scholarly Articles

This article addresses the question of whether housing practices that produce discriminatory effects violate the Fair Housing Act. The language and legislative history of the statute are examined, the analogy to employment discrimination law is explored, and the principal Title VIII cases are considered in an effort to determine just what racial discrimination is under the Fair Housing Act. This analysis leads to a suggested approach for evaluating Title VIII cases that are based on discriminatory effect, including how such an effect may be shown by the plaintiff and what significance such a showing should have in terms of the …


Book Reviews, George A. Hay, H. Michael Mann, Teresa Amott Mar 1978

Book Reviews, George A. Hay, H. Michael Mann, Teresa Amott

Vanderbilt Law Review

Book Reviews:

The Antitrust Penalties: A Study in Law and Economics By Kenneth G. Elzinga and William Breit

Reviewed by George A. Hay

The Antitrust Penalties was published in 1976. Its main mes-sage is that the only efficient antitrust penalty is a heavy fine and that incarceration comes out poorly by any benefit-cost standard.Later that year, in a celebrated and possibly unprecedented appearance, newly appointed Assistant Attorney General Donald I. Baker argued before a federal district judge that jail sentences were the appropriate penalty for a group of defendants who had just been convicted in one of the major price-fixing …


Processing The Explosion In Title Vii Class Action Suits: Achieving Increased Compliance With Federal Rule Of Civil Procedure 23(A), Earle K. Shawe Mar 1978

Processing The Explosion In Title Vii Class Action Suits: Achieving Increased Compliance With Federal Rule Of Civil Procedure 23(A), Earle K. Shawe

William & Mary Law Review

No abstract provided.


Illegitimacy And Veterans' Benefits Legislation, C. Christopher Brown Jan 1978

Illegitimacy And Veterans' Benefits Legislation, C. Christopher Brown

Faculty Scholarship

No abstract provided.


Recent Developments Jan 1978

Recent Developments

American Indian Law Review

No abstract provided.


Village Of Arlington Heights V. Metropolitan Housing Development Corp., 97 S. Ct. 555 (1977), Karen K. Kinkennon Jan 1978

Village Of Arlington Heights V. Metropolitan Housing Development Corp., 97 S. Ct. 555 (1977), Karen K. Kinkennon

Florida State University Law Review

Zoning- DISCRIMINATORY INTENT MUST BE PROVED BEFORE COURTS MAY REACH FOURTEENTH AMENDMENT EQUAL PROTECTION ISSUES.


Title Vii Consent Decrees: Affirmative Inaction, Barbara Spector Jan 1978

Title Vii Consent Decrees: Affirmative Inaction, Barbara Spector

Santa Clara Law Review

No abstract provided.


Time Limitations On The Filing Of Title Vii Suits By The Equal Employment Opportunity Commission Jan 1978

Time Limitations On The Filing Of Title Vii Suits By The Equal Employment Opportunity Commission

Washington and Lee Law Review

No abstract provided.


Women At The Bar—A Generation Of Change, Ruth Bader Ginsburg Jan 1978

Women At The Bar—A Generation Of Change, Ruth Bader Ginsburg

Seattle University Law Review

This lecture, delivered at the University of Puget Sound School of Law, addresses the evolving role of women in the legal profession.


Private Causes Of Action Under Federal Agency Nondiscrimination Statutes, Julia C. Lamber Jan 1978

Private Causes Of Action Under Federal Agency Nondiscrimination Statutes, Julia C. Lamber

Articles by Maurer Faculty

Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race in programs and activities receiving federal financial assistance. Similarly Title IX of the Education Amendments of 1972 prohibits sex discrimination in federally funded education programs or activities. Although the effect of Title VI has been felt primarily in education, the statutory prohibition applies to any federally funded activity, public or private, including hospitals, social service and welfare agencies, law enforcement agencies, housing, and recreational programs. Both statutes provide for administrative enforcement against prohibited activities. This article explores the question of whether a private cause …


Challenging New York Grand Jury Composition: The Barrier Of The "Systematic And Intentional Exclusion" Requirement, Pearl Zuchlewski Jan 1978

Challenging New York Grand Jury Composition: The Barrier Of The "Systematic And Intentional Exclusion" Requirement, Pearl Zuchlewski

Fordham Urban Law Journal

Note examines the statutory law which provides for a grand jury in New York, the background of federal constitutional requirements, and New York court decisions which have interpreted the statutes when defendants or witnesses have challenged a grand jury for failing to conform to "the very idea of a jury," which is a body "composed of the peers or equals of the persons whose rights it is selected or summoned to determine his neighbors, fellows and associates.


Labor Law- Seniority Rules- An Otherwise Bona Fide Seniority System That Perpetuates Effects Of Pre-Title Vii Discrimination Is Not Unlawful , Marjorie London Jan 1978

Labor Law- Seniority Rules- An Otherwise Bona Fide Seniority System That Perpetuates Effects Of Pre-Title Vii Discrimination Is Not Unlawful , Marjorie London

Fordham Urban Law Journal

Article summarizes International Brotherhood of Teamsters v United States and says that the Supreme Court has carved out an exception to the mandate of the Civil Rights Act that the courts remedy the effects of past employment discrimination that has produced a result that is contrary to the framework and intent of the Act.


Age Discrimination In Employment: The 1978 Adea Amendments And The Social Impact Of Aging, Thomas J. Reed Dec 1977

Age Discrimination In Employment: The 1978 Adea Amendments And The Social Impact Of Aging, Thomas J. Reed

Thomas J Reed

No abstract provided.