Law Commons^™

"Sentencing And Visible Minorities: Equality And Affirmative Action In The Criminal Justice System", Bruce P. Archibald

Dalhousie Law Journal

The Canadian criminal justice system is facing serious criticism for being racist. Certain Canadian laws and judicial decisions in the past have made the legal system an easy target for such charges. Canadian governments have acknowledged the problems of racism in Canadian society, and provincial and federal human rights legislation exemplify efforts to eradicate racial discrimination. However, racial discrimination persists in Canadian society and the criminal justice system occupies a particularly sensitive place in controversies over the role of the state in these problems. Moreover, the equality provisions in the Canadian Charter of Rights and Freedoms have quite properly raised …

Title Vii Remedies: Reinstatement And The Innocent Incumbent Employee, Larry M. Parsons

Vanderbilt Law Review

Congress enacted Title VII of the Civil Rights Act of 19641 twenty-five years ago. Through Title VII Congress sought to remove artificial barriers that limited employment opportunities for minorities. The statute is not limited, however, to prohibiting race discrimination. Title VII directly confronts the problem of discrimination in the workplace by prohibiting employment decisions based on the race, color, religion, sex, or national origin of the employee or applicant. The Act prohibits an employer from favoring one group of employees over another due to irrelevant characteristics and classifications.

Title VII litigation occupies a significant portion of the federal docket. The …

Challenging Discriminatory Guesswork: Does Impact Analysis Apply, Michael A. Middleton

Faculty Publications

This article initially examines the traditional theories of proof in Title VII cases. It then discusses approaches by lower courts in resolving the competing concerns raised in applying those traditional theories in challenges to subjective selection devices. This article next discusses the Supreme Court's resolution of the problem in Watson and suggests a workable alternative resolution that will not undermine the broad prophylactic purposes of Title VII.

Twenty-Five Years Later: Where Do We Stand On Equal Employment Opportunity Law Enforcement?, David L. Rose

Vanderbilt Law Review

As we near the twenty-fifth anniversary of the passage of the Civil Rights Act of 1964, an assessment of equal employment opportunity law is both natural and appropriate. Prior to 1964, the federal government had imposed equal employment opportunity obligations on itself as well as its contractors and subcontractors. And Title VII of the Act,which mandated such obligations, did not become effective until July 2,1965. Yet the Civil Rights Act of 1964, which was the first comprehensive legislation to address the problems of discrimination in American society, became the cornerstone of modern civil rights law, including equal employment opportunity law.The …

Foundering On The Seas Of Hopelessness, Mary C. Dunlap

Michigan Law Review

A Review of Gays/Justice: A Study of Ethics, Society, and Law by Richard D. Mohn

The Reagan Administration's Civil Rights Policy: The Challenge For The Future, William B. Reynolds

Vanderbilt Law Review

The almost twenty years that followed Brown showed real progress toward a color-blind society. That progress, however, lost momentum in the 1970s as many civil rights leaders advanced well-intended, but poorly conceived, policies with the all-too-familiar consequence of dividing people along color lines. In that decade, the bright future of race relations began to dim as discriminatory techniques--mislabelled as"benign" or "affirmative"-reemerged to work their destruction on the hopes of a public anxious to find harmonious, goodwilled solutions to the problems of the past.Today, the struggle continues for a national heritage blind to skin color or ethnic background. The challenge for …

Aids And Disability Employment Discrimination In And Beyond The Classroom, Derek J. Jones, N Colleen Sheppard

Dalhousie Law Journal

Roughly a year ago, in Chalk v. U.S. District Court Central California, a United States appellate court authorized a teacher to return to his teaching duties, after a California school department had barred him from his classroom upon learning he had Acquired Immune Deficiency Syndrome (AIDS). The case parallels the widely reported events of the Eric Smith story of Autumn 1987. Teacher Smith was initially removed from his Shelburne County, Nova Scotia classroom, and reassigned to non-teaching duties after a medical secretary disclosed that Smith had tested positive for the AIDS virus. While Smith immediately refused the reassignment, he eventually …

Future Disabilities Under New York’S Human Rights Law, Andrea Lisa Leeb

Cardozo Law Review

No abstract provided.

Aids And Discrimination In The United States: Reflections On The Nature Of Prejudice In A Virus, Mary C. Dunlap

Villanova Law Review (1956 - )

No abstract provided.

Scholars' Reply To Professor Fried, Yale Kamisar, Lee C. Bollinger, Judith C. Areen, Barbara A. Black

Articles

As Solicitor General of the United States, Charles Fried, like any good advocate, was often in the position of attempting to generate broad holdings from relatively narrow and particularistic Supreme Court decisions. This was especially true in affirmative action cases. There, the Department of Justice argued that cautious precedents actually stood for the broad proposition that measures designed to put members of disadvantaged groups on a plane of equality should, for constitutional purposes, be treated the same as measures intended to stigmatize or subordinate them. The Supreme Court, however, has consistently rejected this reading of its precedents and the broad …

Friendship, Commerce And Navigation Treaties And United States Discrimination Law: The Right Of Branches Of Foreign Companies To Hire Executives “Of Their Choice”, Gerald D. Silver

Fordham Law Review

No abstract provided.

Welcome To The Funhouse: The Incredible Maze Of Modern Divorce Taxation, Beverly I. Moran

Vanderbilt Law School Faculty Publications

Using legislative histories the article shows how the incidence of taxation began to fall more heavily on women in the context of divorce as women's social and political status rose during World War II and that this trend continued through several sets of divorce tax reform.

Aids, Astrology, And Arline: Towards A Causal Interpretation Of Section 504, Gary S. Lawson

Faculty Scholarship

Section 504 of the Rehabilitation Act of 1973 provides that ‘[n]o otherwise qualified individual with handicaps shall, solely by reason of his handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under [any federal or federally funded program].’1 In School Board v. Arline,2 the Supreme Court held that a school teacher with a history of infectious tuberculosis was an ‘individual with handicaps' protected by section 504,3 and that the determination of whether she was ‘otherwise qualified’ to teach elementary school required a sound medical assessment of the risks …

Watson V. Ft. Worth Bank And Trust: The Changing Face Of Disparate Impact, Linda H. Edwards

Scholarly Works

Title VII of the Civil Rights Act of 1964 constitutes this country’s first serious commitment to eradicating the enormous economic disadvantages caused by hundreds of years of racial and gender-related prejudice. But there is also cause for concern. While members of once excluded groups have entered the mid-level workforce, most have not progressed to top-level positions. Perhaps not surprisingly, the elimination of barriers to mid-level employment has spotlighted the unique barriers to equal employment in top-level jobs. Title VII’s capacity to deal effectively with these barriers will be its major challenge for the next quarter-century. Its success will depend, in …

Challenging Discriminatory Guesswork: Does Impact Analysis Apply, Michael A. Middleton

Oklahoma Law Review

No abstract provided.

After The Fall: The Employer's Duty To Accommodate Employee Religious Practices Under Title Vii After Ansonia Board Of Education V. Philbrook, Peter Zablotsky

Scholarly Works

No abstract provided.

Buildings And Housing Discriminatory Housing Practices: Establish Fair Housing Program And Complaint Process, D. Smith

Georgia State University Law Review

The Act supersedes previous laws addressing discrimination in the selling, leasing, and financing of housing and establishes new provisions prohibiting housing discrimination. The new provisions are substantially equivalent to the provisions of the federal Fair Housing Act.

Plant Closures And Relocations Under The National Labor Relations Act, Peter F. Munger, Stephen X. Munger, Thomas J. Munger

Georgia State University Law Review

No abstract provided.

The Naacp's Legal Strategy Against Segregated Education, Robert L. Carter

Michigan Law Review

A Review of The NAACP's Legal Strategy Against Segregated Education, 1925-1950 by Mark Tushnet

A Need For Caring, Judith Areen

Michigan Law Review

A Review of AIDS and the Law: A Guide for the Public edited by Harlon L. Dalton, Scott Burris and the Yale AIDS Law Project

And We Are Not Saved: The Elusive Quest For Racial Justice, Kevin Edward Kennedy

Michigan Law Review

A Review of And We Are Not Saved: The Elusive Quest for Racial Justice by Derrick A. Bell

How It Was, How It Is, Clare Dalton

Michigan Law Review

A Review of Unequal Colleagues: The Entrance of Women into the Professions, 1890-1940 by Penina Migdal Glazer and Miriam Slater

The Politics Of Predicting Criminal Violence, Sheri Lynn Johnson

Michigan Law Review

A Review of The Prediction of Criminal Violence by Fernand N. Dutile and Cleon H. Foust

The D & O Insurance Crisis: Darkness At The End Of The Tunnel, John A. Cottingham

South Carolina Law Review

No abstract provided.

Sex Discrimination In Higher Education: Does Title Vii Work?, Mary Ann B. Oakley

Georgia State University Law Review

No abstract provided.

Aids In The Workplace: Termination, Discrimination And The Right To Refuse, J Scott Kenney

Dalhousie Law Journal

Not since the days of leprosy has there been a disease so feared and so fatal as AIDS (Acquired Immunodeficiency Syndrome). The lack of knowledge about the disease has merely compounded the problem, so that not only AIDS victims themselves, but also members of perceived "high-risk" groups, face increasing discrimination in all facets of their lives. This paper will focus on only one of these contexts: the workplace. After a review of the current medical knowledge, two principal questions wifl-be examined: (i) What protection does the law give AIDS victims, or members of highrisk groups, against discrimination in employment? (ii) …

Understanding The Act Of State Doctrine's Effect, Frederic L. Kirgis

Scholarly Articles

None available.

Nationwide Preclearance Of Section Five Of The 1965 Voting Rights Act: Implementing The Fifteenth Amendment, Dwight Aarons

Scholarly Works

No abstract provided.

Private Enforcement And The Fair Housing Act, Robert G. Schwemm

Law Faculty Scholarly Articles

The first section of the Fair Housing Act declares that "[i]t is the policy of the United States to provide, within constitutional limitations, for fair housing throughout the United States." If the United States has been officially committed to providing for fair housing for the past 20 years, why is segregated housing still the prevailing norm throughout our nation? Why does discrimination still regularly occur when minority homeseekers venture into white areas? Why are the opportunities for living in stable, integrated neighborhoods only marginally better now than they were a generation ago in the days of Lyndon Johnson, Everett McKinley …

Rationality-And The Irrational Underinclusiveness Of The Civil Rights Laws, Peter Brandon Bayer

Washington and Lee Law Review

No abstract provided.