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Articles 2371 - 2400 of 2512
Full-Text Articles in Law
Private Causes Of Action Under Federal Agency Nondiscrimination Statutes, Julia C. Lamber
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
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.
Time Limitations On The Filing Of Title Vii Suits By The Equal Employment Opportunity Commission
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
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.
Hospital Medical Staff: When Are Privilege Denials Judicially Reviewable?, David Hejna
Hospital Medical Staff: When Are Privilege Denials Judicially Reviewable?, David Hejna
University of Michigan Journal of Law Reform
The relationship between a hospital and its medical staff is unique. Most physicians serving as hospital staff are not salaried employees . Rather, they use hospital facilities to care for their patients pursuant to "staff privileges" granted by the hospital's board of governors. Staff privileges at one area hospital are practically indispensable for the modern physician, and privileges at a conveniently located hospital are considered important. By extending staff privileges the hospital benefits from having a staff large enough to ensure maximum use of its facilities. The public benefits when an adequate number of qualified physicians have access to hospital …
Developing "Tort" Standards For The Award Of Mental Distress Damages In Statutory Discrimination Actions, Harold J. Rennett
Developing "Tort" Standards For The Award Of Mental Distress Damages In Statutory Discrimination Actions, Harold J. Rennett
University of Michigan Journal of Law Reform
The relation between tort remedies and discrimination has been examined extensively, yet there has been little consideration of this relationship with respect to appropriate evidentiary standards for the award of mental distress damages in discrimination cases. This article will consider such standards. After briefly tracing the history of mental distress award standards in discrimination cases, this article will critically examine present compensatory approaches in such cases and suggest an alternative philosophy more consonant with tort compensation principles.
Illegitimates And Equal Protection, David Hallissey
Illegitimates And Equal Protection, David Hallissey
University of Michigan Journal of Law Reform
Illegitimates often have been discriminated against by legislatures in the enactment of statutes, as well as by courts which have sanctioned such legislation. This article will examine the judicial response to legislative treatment of the illegitimate in social insurance, loss compensation, and intestacy statutes. Emphasizing the Supreme Court's analysis of the legal status of illegitimates in terms of the equal protection clause, it will also discuss how the principle of equal protection may be applied in order to reduce the number of illegitimates denied the benefit and protection of the law.
The Statute Of Limitations In The Fair Housing Act: Trap For The Unwary, Edward Phillips Nickinson, Iii
The Statute Of Limitations In The Fair Housing Act: Trap For The Unwary, Edward Phillips Nickinson, Iii
Florida State University Law Review
No abstract provided.
Anti-Sex Discrimination Laws: A Mandate For The Redistribution Of Social Resources Based Upon The Emerging Constitutional And Statutory Equality Of The Sexes
Nova Law Review
Not since the era when feminists such as Susan B. Anthony and Elizabeth Cady Stanton fought for women to attain the right to vote, receive an education, and own property has the women's movement achieved its present potentiality for revolutionizing the basic tenets of our social structure.
Aliens' Right To Work: State And Federal Discrimination, Denny Chin
Aliens' Right To Work: State And Federal Discrimination, Denny Chin
Fordham Law Review
No abstract provided.
Constitutional Rights And Land Use Planning: The New And The Old Reality, Robert R. Wright
Constitutional Rights And Land Use Planning: The New And The Old Reality, Robert R. Wright
Law Faculty Scholarship
No abstract provided.
Employers' Garnishment Policies - Do They Engender Racial Discrimination In Violation Of Title Vii And The Civil Rights Act Of 1866?, Amy S. Vance
Fordham Urban Law Journal
This note evaluates the hypothesis that employment policies which mandate suspension or discharge for multiple garnishments are racially discriminatory. It considers the methods of challenge such as a claim under Title VII of the Civil Rights Act of 1964, the lack of consensus between the courts and the Equal Employment Opportunity Commission (EEOC), and also emerging issues. The note finds that the legality of employment practices imposing disciplinary action against garnished employees is left uncertain. Proof of a disproportionate effect on minorities employees may be adequate, although a satisfactory showing of business necessity may be a defense against a claim …
Third Party Suits Under Section 3612 Of The Fair Housing Act Of 1968, Gary A. Grasso
Third Party Suits Under Section 3612 Of The Fair Housing Act Of 1968, Gary A. Grasso
Fordham Urban Law Journal
This note examines the Fair Housing Act of 1968 (1968 Act) which makes it unlawful, with certain exceptions, to discriminate in the sale or rental of private housing. In particular, the note examines the remedies available under Sections 3610 and 3612, which provide for the enforcement of the statute by private complainants. The note focuses on the issue of standing and the question of alternative use involving sections 3610 and 3612 of the 1968 Act, especially as to third party complainants. The note concludes that just as section 3610 was opened to plaintiffs arguing for the rights of third parties, …
From Washington To Arlington Heights And Beyond: Discriminatory Purpose In Equal Protection Litigation, Robert G. Schwemm
From Washington To Arlington Heights And Beyond: Discriminatory Purpose In Equal Protection Litigation, Robert G. Schwemm
Law Faculty Scholarly Articles
When the Supreme Court decided Washington v. Davis on June 7, 1976, it began a new era in civil rights law. Rejecting the contention that state action is unconstitutional solely because it operates to injure more blacks than whites, the Court held that proof of discriminatory purpose is necessary to establish a claim of racial discrimination under the equal protection clause. In two cases decided the following term—Village of Arlington Heights v. Metropolitan Housing Development Corp. and Castaneda v. Partida—the Court reaffirmed its commitment to the discriminatory purpose requirement, but was badly divided on how to apply the …
The Effects Test: New Directions, David C. Hsia
The Effects Test: New Directions, David C. Hsia
Santa Clara Law Review
No abstract provided.
Administrative And Judicial Nullification Of Federal Affirmative Action Law, Russell W. Galloway Jr.
Administrative And Judicial Nullification Of Federal Affirmative Action Law, Russell W. Galloway Jr.
Santa Clara Law Review
No abstract provided.
American And British Employment Discrimination Law: An Introductory Comparative Survey, Robert N. Covington
American And British Employment Discrimination Law: An Introductory Comparative Survey, Robert N. Covington
Vanderbilt Journal of Transnational Law
Age, alienage, ethnicity, race, religion, and sex lead to differential treatment of individuals the world over. Employment discrimination is felt most acutely in those industrialized nations where one's income level is the major determinant of so many other things: where one lives, what one wears, how one's children are educated. Concern over the social and economic consequences of employment discrimination has led to the development of new legal techniques on both sides of the Atlantic. The recent enactment in Britain of the Sex Discrimination Act, 1975, and the Race Relations Act, 1976, invites a comparison of those statutes and related …
A New Dimension In Equal Protection?, Theodore J. St. Antoine
A New Dimension In Equal Protection?, Theodore J. St. Antoine
Articles
Two of America's most cherished values will collide head-on this year, when the U.S. Supreme Court comes to grips with the most significant civil rights suit since the school desegregation cases of 1954. Arrayed on one side is the principle of governmental "color-blindness," the appealing notion that the color of a person's skin should have nothing to do with the distribution of benefits or burdens by the state. Set against it is the goal of a truly integrated society and the tragic realization that this objective cannot be achieved within the foreseeable future unless race and color are taken into …
Bakke: A Compelling Need To Discriminate, Theodore J. St. Antoine
Bakke: A Compelling Need To Discriminate, Theodore J. St. Antoine
Articles
Two of America's most cherished values collided head-on a few months ago, when the U.S. Supreme Court began to come to grips with the most significant civil rights suit since the school desegregation cases of 1954. Arrayed on one side is the principle of governmental "color-blindness," the appealing notion that the color of a person's skin should have nothing to do with the distribution of benefits or burdens by the state. Set against it is the goal of a truly integrated society, and the tragic realization that this objective cannot be achieved within the foreseeable future unless race and color …
Chapters Of The Civil Jury, Doug R. Rendleman
Chapters Of The Civil Jury, Doug R. Rendleman
Faculty Publications
The civil jury, though constitutionally protected by the seventh amendment, has remained a controversial institution throughout much of Anglo-American legal history. Our romantic ideals are questioned by critics who view the civil jury as prejudiced and unpredictable; proponents note the sense of fairness and "earthy wisdom" gained by community participation in the legal process. This debate surfaces in the process of accommodation between certain substantive goals of the law and the pre-verdict and post-verdict procedural devices courts have employed to control the jury. In this article, Professor Rendleman examines this conflict in his three "chapters" involving racially motivated discharges of …
Newsletter - 1976-07-29, E. De La Garza
Newsletter - 1976-07-29, E. De La Garza
Kika de la Garza Congressional Papers - Newsletters
No abstract provided.
The Right To Religious Freedom And World Public Order: The Emerging Norm Of Nondiscrimination, Myres S. Mcdougal, Harold D. Lasswell, Lung-Chu Chen
The Right To Religious Freedom And World Public Order: The Emerging Norm Of Nondiscrimination, Myres S. Mcdougal, Harold D. Lasswell, Lung-Chu Chen
Michigan Law Review
Discrimination based upon religious beliefs and expressions forms the basis for some of the most serious deprivations of civil and political rights. The religious beliefs and expressions that are commonly the ground for discrimination include all of the traditional faiths and justifications from which norms of responsible conduct--that is, judgments about right and wrong--are derived. These beliefs may be theological in the sense that they refer to a personalized transempirical source of an unchallengeable message or metaphysical in the sense that they are grounded upon nonpersonalized transempirical conceptions; sometimes they are more empirical, based upon varying conceptions of science or …
Appropriate Defenses To Damage Actions For Discrimination Under Sections 1981 And 1982
Appropriate Defenses To Damage Actions For Discrimination Under Sections 1981 And 1982
William & Mary Law Review
No abstract provided.
Title Vii And Layoffs Under The "Last Hired, First Fired" Seniority Rule: The Preservation Of Equal Employment, Timothy J. Sheeran
Title Vii And Layoffs Under The "Last Hired, First Fired" Seniority Rule: The Preservation Of Equal Employment, Timothy J. Sheeran
Case Western Reserve Law Review
No abstract provided.
After Albemarle: Class-Wide Recovery Of Back Pay Under Title Vii, B. Martin Druyan
After Albemarle: Class-Wide Recovery Of Back Pay Under Title Vii, B. Martin Druyan
Fordham Urban Law Journal
Title VII of the Civil Rights Act of 1964 provides administrative and judicial remedies for victims of discrimination in employment. Employers, engaged in “an industry affecting commerce” and having fifteen or more employees who work at least twenty weeks out of the year, are subject to the statutes strictures. Unions are also subject to the statute if they have fifteen or more members, operate an office or hiring hall, and represent employees. One remedy available under Title VII is an award of back pay from the date of the alleged violation. Back pay may be defined as court-awarded compensation for …
Racial And Religious Discrimination In Charitable Trusts: A Current Analysis Of Constitutional And Trust Law Solutions, Roy M. Adams
Racial And Religious Discrimination In Charitable Trusts: A Current Analysis Of Constitutional And Trust Law Solutions, Roy M. Adams
Cleveland State Law Review
It is the purpose of this article to chronicle and analyze the process by which constitutional and trust law have blended together in the charitable trust field. The questions to be posed and answered are essentially these: Can a settlor expect racial and religious restrictions in a charitable trust to be allowed to operate? If such restrictions may operate, under what conditions and circumstances? If not, why not, and what will happen to the trust property thereafter?
Selecting A Remedy For Private Racial Discrimination: Statutes In Search Of Scope, John M. Peterson
Selecting A Remedy For Private Racial Discrimination: Statutes In Search Of Scope, John M. Peterson
Fordham Urban Law Journal
Racial discrimination in the United States has been effectively attacked in both the legislatures and the courts for over a hundred years. Enslavement of blacks in the American South prompted adoption of the thirteenth amendment and the Reconstruction Civil Rights Acts enacted pursuant to the amendment’s enabling clause. These laws sought primarily to elevate the status of the black freedman by granting him rights equal to those enjoyed by white citizens. The most far-reaching of these statutes is 42 U.S.C. § 1981, derived from the Civil Rights Act of 1866, which insures to all persons the same right to make …
Civil Rights - Housing Discrimination - Federal Courts May Order Metropolitan Area Remedy To Correct Wrongs Committed Solely Against City Residents Where Agencies Have Statutory Authority To Conduct Activities Outside The City Limits, Andres J. Valdespino
Fordham Urban Law Journal
This case note examines the United States Supreme Court's decision in Hills v. Gautreaux, 96 S. Cy. 1538 (1976), specifically the approval of a metropolitan area remedy as a valid form of federal relief. The case resulted from a class action suit against the Chicago Housing Authority (CHA) and the Department of Housing and Urban Development (HUD), alleging racially discriminatory public housing policies and practices. Although violations of the Fourteenth Amendment occurred within the Chicago city limits, the Supreme Court held that a metropolitan remedy which included the surrounding areas outside of the city boundaries was valid and that Milliken …
Affirmative Action: Hypocritical Euphemism Or Noble Mandate?, Theodore J. St. Antoine
Affirmative Action: Hypocritical Euphemism Or Noble Mandate?, Theodore J. St. Antoine
Articles
Title VII of the Civil Rights Act of 1964 was adopted in an atmosphere of monumental naivete. Congress apparently believed that equal employment opportunity could be achieved simply by forbidding employers or unions to "discriminate" on the basis of "race, color, religion, sex, or national origin," and expressly disavowed any intention to require "preferential treatment." Perhaps animated by the Supreme Court's stirring desegregation decisions of the 1950's, the proponents of civil rights legislation made "color-blindness" the rallying cry of the hour. Today we know better. The dreary statistics, so familiar to anyone who works in this field, tell the story. …