Law Commons^™

Illegitimacy: An Examination Of Bastardy, Michigan Law Review

Michigan Law Review

A Review of Illegitimacy: An Examination of Bastardy by Jenny Teichman

The Relevance Of Statistics To Prove Discrimination: A Typology, Julia C. Lamber, Barbara Reskin, Terry Dworkin

Articles by Maurer Faculty

No abstract provided.

National Origin Discrimination Under Section 1981, Lorilyn Chamberlin

Fordham Law Review

No abstract provided.

Individual Rights In The Work Place: The Burger Court And Labor Law, Theodore J. St. Antoine

Book Chapters

The Supreme Court, like other institutions, must play the part that the times demand, often with small regard for the personal predilections of its membership. The Warren Court and the Burger Court, in their respective contributions to the law of union-employer-employee relations, almost reversed the roles they might have been expected to assume. The major accomplishment of the Court in the labor area during the Warren era was a fundamental restructuring of intergovernmental relationships, while the Court's overriding concern throughout the Burger decade of the 1970s and beyond has been the defining of individual rights in the work place.

The Rights Of Unmarried Cohabiting Couples To Housing In New York, Matthew G. Connolly

Fordham Urban Law Journal

This Note examines the protections available to unmarried couples against housing discrimination under the marital status provision of the New York City and New York State Human Rights Laws. After a brief examnitation of cohabitation, this Note will review judicial and administrative construction of the Human Rights Law since its inception. This Note concludes by proposing that unwed couples be given the same protection as married couples under the marital status provision in the New York Human Rights Law. This proposition finds support in: (1) the statutory mandate that the Human Rights Law be liberally construed to accomplish its purspose, …

Employment Problems Of The Handicapped: Would Title Vii Remedies Be Appropriate And Effective?, Cornelius J. Peck

University of Michigan Journal of Law Reform

This Article argues that the employment problems of the handicapped are not well-suited for treatment under a statutory discrimination model. Underlying this argument is the belief that the concept of discrimination is not adaptable to the problems of the handicapped, and efforts to apply it will only worsen existing problems. Part I begins by defining the meaning of discrimination, and then explores the similarities and differences between discrimination against the handicapped, and discrimination based on race, sex, religion, and national origin. The purpose of this discussion is to provide a basic framework for understanding claims that the handicapped should be …

British Anti-Discrimination Law: An Introduction, Christopher Mccrudden

Penn State International Law Review (1982 - 2011)

The United Kingdom is a signatory of a number of international treaties protecting various aspects of human rights, including freedom from discrimination. Yet, there is no legislation in this country protecting a comprehensive list of human rights in the manner of the United States Bill of Rights, although there have been a number of unsuccessful atempts to enact such legislation since 1969. Moreover, prior to race relations legislation, there was no general rule, policy or principle in common law directly relevant to combating racial discrimination or incitement to racial hatred.

The inadequacies of the common law and statutes stimulated several …

Eradicating Racial Discrimination In Voter Registration: Rights And Remedies Under The Voting Rights Act Amendments Of 1982, Steven L. Lapidus

Fordham Law Review

No abstract provided.

Pregnancy Discrimination, Equal Compensation And The Ghost Of Gilbert: Medical Insurance Coverage For Spouses Of Employees, Steven Lee Lapidus

Fordham Law Review

No abstract provided.

Beyond The Fcn Treaty: Japanese Multinationals Under Title Vii, Stacey M. Rosner

Fordham Law Review

No abstract provided.

The Use Of Statistics To Prove Intentional Employment Discrimination, Elaine W. Shoben

Scholarly Works

Two decades after the once fiery debate about the meaning of "discrimination" in employment under Title VII of the Civil Rights Act of 1964, the issue has recently been rekindled. In simplest form, the question is whether the type of discrimination statutorily prohibited is only purposeful exclusions, or whether it includes unintended exclusions caused by tests or requirements that disproportionately affect a group defined by race, sex, or ethnicity. The Supreme Court's decision in Griggs v. Duke Power Co. resolved the question in one major area, thus causing the issue to lie dormant since 1971. Griggs held that liability under …

Discrimination: The Remedial Scope Of Title Ix Of The Education Amendments Of 1972, As Interpreted In Grove City College And Richmond University, Kelsey Lynne Mcnaught

Oklahoma Law Review

No abstract provided.

Proving Title Vii Sex-Based Wage Discrimination After County Of Washington V. Gunther, Muriel Joyce Reynard

Cardozo Law Review

No abstract provided.

Review Article Of A Lawyer Looks At The Equal Rights Amendment And Equal Rights: The Male Stake, Mayer G. Freed

Journal of Legal Education

No abstract provided.

Practice And Procedure Under The Illinois Human Rights Act, Richard J. Puchalski

Northern Illinois University Law Review

A discussion of the procedural aspects of handling discrimination cases before the Illinois Department of Human Rights and the Human Rights Commission.

The Numbers Game: Statistical Inference In Discrimination Cases, David H. Kaye

Michigan Law Review

A Review of Statistical Proof of Discrimination by David Baldus and James Cole

Civil Liberties: Adherence To Established Principles, Ivan E. Bodensteiner, Rosalie Levinson

Law Faculty Publications

No abstract provided.

Disciplinary Exclusion Of Handicapped Students: An Examination Of The Limitations Imposed By The Education For All Handicapped Children Act Of 1975, Erica Bell

Fordham Law Review

No abstract provided.

You're Fired!, Theodore J. St. Antoine

Articles

In 1967 Professor Lawrence Blades of Kansas criticized the iron grip of the contract doctrine of employment at will, and argued that all employees should be legally protected against abusive discharge. The next dozen years saw a remarkable reaction. With rare unanimity, a veritable Who's Who of labor academics and labor arbitrators, Aaron, Blumrosen, Howlett, Peck, Stieber, and Summers, to name only some, stepped forth to embrace Blades' notion, and to refine and elaborate it. But the persons who counted the most, the judges and the legislators, hung back. In the 1960s, vast strides were taken at both the federal …

Tracing An Antitrust Injury In Secondary Line Price Discrimination Cases, Amy A. Marasco

Fordham Law Review

No abstract provided.

Rights For Developmentally Disabled Citizens: A Perspective For The 80s, H. Rutherford Turnbull Iii

University of Arkansas at Little Rock Law Review

No abstract provided.

Burdens Of Pleading And Proof In Discrimination Cases: Toward A Theory Of Procedural Justice, Robert Belton

Vanderbilt Law Review

If the national policy of eliminating discrimination is to be achieved, the courts--to whom the major responsibility for effectuating this goal is delegated--must establish a coherent framework for allocating the burdens of pleading and proof that provides "a sensible, orderly way to evaluate the evidence in light of common experience as it bears on the critical question of discrimination."' The purpose of this Article, therefore, is to propose such a coherent approach to the allocation of the burdens of pleading and proof in discrimination cases. Towards this end, part II of the Article examines the definitional and operational effect of …

Compensatory Damages In Federal Fair Housing Cases, Robert G. Schwemm

Law Faculty Scholarly Articles

The federal fair housing laws became effective in 1968. Since then, courts have often awarded damages to victims of housing discrimination, but their decisions have provided little guidance for assessing the amount of such awards. There is a great range of awards, with some courts awarding only nominal damages of $1 and others setting awards of over $20,000. Compounding the problem is the difficulty of measuring the principal element of damages claimed by most plaintiffs in fair housing cases, noneconomic emotional harm or other forms of intangible injury.

Rarely is the basis for the amount of the court's award satisfactorily …

Interview With Willie T. "Dub" Massey - Oh 138, Willie T. Massey

Winthrop University Oral History Program

In his April 27^th, 1981 interview with Phil O’Quinn, Rev. Willie T. "Dub" Massey recollects his involvement in the Civil Rights Movement as one of the Friendship 9 protestors and non-violent activists. Massey retells the preparation and events leading up to the sit-in at McCrory’s lunch counter. Massey also shares the negative effects he experienced with his involvement as an activist and leader in the Civil Rights Movement, in particular, his arrest from the McCrory’s sit-in. Massey concludes his interview with advice and hope for the black community. This interview was conducted for inclusion into the Louise Pettus …

Affirmative Action And Reverse Discrimination: Where Do We Stand Now, Kenneth Galchus

University of Arkansas at Little Rock Law Review

No abstract provided.

Equal Protection And The Prosecutor's Charging Decision: Enforcing An Ideal, Donald G. Gifford

Faculty Scholarship

No abstract provided.

The Regulation Of Employment Under Title Ix--The Proper Scope Of Administrative Authority, Catherine M. Kelly

Fordham Law Review

No abstract provided.

Sex Discrimination And The Burger Court: A Retreat In Progress?, Caren Dubnoff

Fordham Law Review

No abstract provided.

The Distrust Of Politics, Terrance Sandalow

Articles

In this Article, Dean Sandalow considers the justifications advanced by those who favor the removal of certain political issues from the political process by extending the reach of judicial review. He begins by examining the distrust of politics in a different context, discussing the proposals made by the Progressives for reforming municipal government, as a vehicle to expose the assumptions underlying the current debate. His comparison of the two historical settings reveals many similarities between the Progressives' reform proposals and the contemporary justiflcations.[or the displacement of politics with constitutional law. Dean Sandalow concludes that the distrust of politics rests not …

Title Vi And The Constitution: A Regulatory Model For Defining ‘Discrimination’, Charles F. Abernathy

Georgetown Law Faculty Publications and Other Works

In recent years confusion has surrounded the proper interpretation of title V1 of the Civil Rights Act of 1964, which prohibits discrimination in programs receiving federal financial assistance. Some courts have held that the title prohibits only intentional discrimination. Others have held that it proscribes actions having discriminatory effects as well, an interpretation that imposes a great burden on federal grantees. The Supreme Court heightened the confusion when five individual justices in Regents of the University of California v. Bakke questioned the propriety of the Court's earlier adoption of an "effects" test for title VI. Professor Abernathy argues that this …