Civil Rights and Discrimination Commons^™

Admissibility Of Psychiatric Evaluations Under Miranda And The Right To Counsel: Satterwhite And Buchanan, Michael L. Perlin

Other Publications

No abstract provided.

The Preiser Puzzle: Continued Frustrating Conflict Between The Civil Rights And Habeas Corpus Remedies For State Prisoners, Martin A. Schwartz

Scholarly Works

No abstract provided.

Robert H. Bork's Civil Rights Record, Gary B. Born

Cardozo Law Review

No abstract provided.

Federal Powers As Used To Protect Minority Rights, Nathaniel R. Jones

BYU Law Review

No abstract provided.

Disorder In The Court: The Death Penalty And The Constitution, Robert A. Burt

Michigan Law Review

This article has two purposes. Its first aim is to trace the significance of these shifting characterizations of American society in the Justices' successive approaches to the death penalty by retelling the story of the Court's capital punishment jurisprudence. Its second purpose is to suggest that belief in implacable social hostility destroys the coherence of the judicial role in constitutional adjudication. America may indeed be an irreconcilably polarized society; I cannot dispositively prove or disprove the proposition. I mean only to claim that in constitutional adjudication a judge is obliged to act as if this proposition were false; and, moreover, …

Aids Discrimination Under Federal, State, And Local Law After Arline, Robert P. Wasson, Jr.

Florida State University Law Review

In School Board v. Arline, the United States Supreme Court determined that people who suffer from tuberculosis can be protected from employment discrimination by the Rehabilitation Act of 1973. Arline is certain to affect people afflicted with AIDS-related disorders who suffer discrimination. In this Article, Professor Wasson examines the Arline decision and the effect it will have on AIDS-related discrimination. Also, he examines provisions of the United States Constitution, acts of Congress, state law, and municipal ordinances, all of which might provide alternative measures of protection for those who suffer AIDS-related discrimination.

Cancer-Based Employment Discrimination: Whether The Proposed Amendment To Title Vii Will Provide An Effective Anti-Discrimination Remedy, Katherine J. Streicher

Indiana Law Journal

No abstract provided.

Constitutional Politics: Affirmative Action And Supreme Process, Albert Broderick

North Carolina Central Law Review

No abstract provided.

Observations On The Supreme Court's Recent Affirmative Action Cases, Julia C. Lamber

Indiana Law Journal

No abstract provided.

Freedom Of Speech And Racism, David Kretzmer

Cardozo Law Review

No abstract provided.

Do The United States Sentencing Guidelines Deprive Defendants Of Due Process?, Bradford Mank

Faculty Articles and Other Publications

It is difficult to determine whether due process requires individualized sentencing because sentencing goals and practices have varied greatly during the course of this nation's history. A court applying Judge Bork's original intent doctrine of constitutional interpretation would probably reach a result different from that reached by a court employing a more liberal view of due process protections.1o It is likely that liberals and conservatives on the current Supreme Court would disagree on whether the Guidelines violate due process.

This article argues that the Guidelines can be saved and can satisfy due process requirements if the Supreme Court interprets the …

Statutes Of Limitation And Section 1983: Implications For Illinois Civil Rights Law, 20 J. Marshall L. Rev. 415 (1987), Brian Kibble-Smith

UIC Law Review

No abstract provided.

Securing Justice: A Response To William Bradford Reynolds, Michael A. Middleton

Faculty Publications

I doubt that William Bradford Reynolds would disagree that the self evident truths the Framers of the Declaration of Independence spoke about are as applicable today in the 1980's as they were over 200 years ago. I also doubt that Mr. Reynolds would disagree that despite the fact that black people were not considered human beings when the Constitution was framed, the fourteenth amendment to that great document was intended to bring them within the ambit of its protections. On these two basic propositions, I suspect, Mr. Reynolds and I would agree. Beyond that however, Mr. Reynolds advances a fundamentally …

Will The Constitution Survive Into The Twenty-First Century - Some Reflections On The Bicentennial Of The United States Constitution, 21 J. Marshall L. Rev. 79 (1987), Michael P. Seng

UIC Law Review

No abstract provided.

The Profound Impact Of Milliken V. Bradley, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.

American Indians And The Bicentennial, Richard B. Collins

Publications

No abstract provided.

The Elwood Case: Vindicating The Educational Rights Of The Disabled, A. Wayne Mackay

Articles, Book Chapters, & Popular Press

The guarantees of the Charter of Rights affect the definition of education for the disabled. The case of Elwood v. Halifax County - Bedford District School Board, a landmark case in educational rights of disabled children in Canada, has major implications for educational practice.

One of the earliest and most controversial Charter of Rights challenges to the existing educational structure has come from parents of disabled children. Disabled children and their parents are blazing a trail to define educational rights in Canada, and the process is giving some shape to the the elusive concept of equality enshrined in the …

The Good, The Bad, And The Press, Paul A. Lebel

Faculty Publications

No abstract provided.

Board Of Directors Of Rotary International V. Rotary Club Of Duarte, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

United States V. Paradise, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

The Judicial Protection Of Unenumerated Constitutional Rights, Gene R. Nichol

Popular Media

No abstract provided.

Letter To Professor Eric Neisser, Wendy J. Gordon

Scholarship Chronologically

It was good talking to you. As you know, I gained a great deal from the initial conversations with you and Jon on the Daniels/Davidson issue, and I appreciate your willingness to provide more feedback.

Justice Brennan: A Tribute To A Federal Judge Who Believes In State's Rights, 20 J. Marshall L. Rev. 1 (1986), Ann Lousin

UIC Law Review

No abstract provided.

In What Vision Of The Constitution Must The Law Be Color-Blind, 20 J. Marshall L. Rev. 201 (1986), Laurence H. Tribe

UIC Law Review

No abstract provided.

Bowers V. Hardwick: The Constitutionality Of Georgia's Sodomy Statute, 20 J. Marshall L. Rev. 325 (1986), James J. Bromberek

UIC Law Review

No abstract provided.

The Court-Ordered Predisposition Evaluation Under Washington's Juvenile Justice Act: A Violation Of The Privilege Against Self-Incrimination?—Wash. Rev. Code § 13.40, Judith H. Ramseyer

Seattle University Law Review

This Comment analyzes the significance of the principles animating the constitutional privilege against self-incrimination by first looking at the purposes of Washington’s Juvenile Justice Act; second, by examining the status of the privilege against self-incrimination during sentencing; and third, by applying the values protected by the privilege to the use of predisposition psychological evaluations in Washington juvenile courts.

Justice Brennan, Due Process And The Freedom Of Speech: A Celebration Of Speiser V. Randall, 20 J. Marshall L. Rev. 7 (1986), George Anastaplo

UIC Law Review

No abstract provided.

Constitutional Law-Fourth Amendment-Use Of Deadly Force To Seize Fleeing Felony Suspects (Tennessee V. Garner), Georgia Mcmillen

NYLS Journal of Human Rights

No abstract provided.

Jury Discrimination, James Boyd White

Book Chapters

Jury discrimination was first recognized as a constitutional problem shortly after the CIVIL WAR, when certain southern and border states excluded blacks from jury service. The Supreme Court had little difficulty in holding such blatant racial discriminationinvalid as a denial of the equal protection of the laws guaranteed by the recently adopted Fourteenth Amendment. But, beyond such obvious improprieties, what should the principle of nondiscrimination forbid? Some kinds of ‘‘discrimination’’ in the selection of the jury are not bad but good: for example, those incompetent to serve ought to be excused from service, whether their incompetence arises from mental or …

Revolutionary Constitutionalism In The Era Of The Civil War And Reconstruction , Robert J. Kaczorowski

Faculty Scholarship

The meaning and scope of the fourteenth amendment and the Civil Rights Act of 1866 remain among the most controversial issues in American constitutional law. Professor Kaczorowski contends that the issues have generated more controversy than they warrant, in part because scholars analyzing the legislative history of the amendment and statute have approached their task with preconceptions reflecting twentieth century legal concerns. He argues that the most important question for the framers was whether national or state governments possessed primary authority to determine and secure the status and rights of American citizens. Relying on records of the congressional debates as …