Civil Rights and Discrimination Commons^™

Rogers V. Lodge, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Washington V. Seattle School District No. 1, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Zipes V. Trans World Airlines, Inc., Lewis Powell Jr.

Supreme Court Case Files

No abstract provided.

North Haven Board Of Education V. Bell, Lewis Powell Jr.

Supreme Court Case Files

No abstract provided.

Survey Of Developments In The Fourth Circuit: 1980

West Virginia Law Review

No abstract provided.

Constitutional Law - Racial Discrimination - Thirteenth Amendment, Nicholas D. Krawec

Duquesne Law Review

42 U.S.C. § 1982-The United States Supreme Court has held that the official closing of a public street, resulting in a benefit for the white residents of that street and an inconvenience disparately impacting black residents of a neighboring community, is neither a badge of slavery prohibited by the thirteenth amendment nor an impairment of property interests protected by 42 U.S.C. § 1982.

City of Memphis v. Greene, 101 S. Ct. 1584 (1981).

Integration Maintenance: The Unconstitutionality Of Benign Programs That Discourage Black Entry To Prevent White Flight, Rodney A. Smolla

Scholarly Articles

Not available.

Constitutional Law - Police Power - Equal Protection - Voluntary Deviate Sexual Intercourse Statute, Louis Bader

Duquesne Law Review

The Pennsylvania Supreme Court has held that the Pennsylvania voluntary deviate sexual intercourse statute is beyond the valid exercise of the state's police power and is violative of the equal protection clauses of the Constitution of the United States and the Constitution of the Commonwealth of Pennsylvania.

Commonwealth v. Bonadio, 490 Pa. 91, 415 A.2d 47 (1980).

Impermissible Reverse Discrimination V. Allowable Affirmative Action: The Supreme Court Upholds Racial Classifications, 14 J. Marshall L. Rev. 491 (1981), Margery Sabian

UIC Law Review

No abstract provided.

Section 5 Of The Voting Rights Act: A Time For Revision, William Colbert Keady, George Colvin Cochran

Kentucky Law Journal

No abstract provided.

The Constitutionality Of Affirmative Action: Views From The Supreme Court, Jesse H. Choper

Kentucky Law Journal

No abstract provided.

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 …

Slouching Toward Bethlehem With The Ninth Amendment, William W. Van Alstyne

Faculty Publications

This review discusses Charles Black’s work “Decision According to Law”, which examines the tendency and the means used by activist judges to provide fair decisions through the use of more flexible principles of Constitutional law. While Black’s writing style is both informative and powerful, his original thesis regarding the Ninth Amendment acting as Congressional endorsement of the courts’ activist role is uncompelling and poorly supported.

Certain Named And Unnamed Non-Citizen Children And Their Parents V. Texas, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

The Inequitable Burden Of School Desegregation Remedies: The Effects Of Shift In Supreme Court Decisions On The Buffalo School Desegregation Case, Denise E. O'Donnell

Buffalo Law Review

No abstract provided.

The First Amendment And The Free Press: A Comment On Some New Trends And Some Old Theories, William W. Van Alstyne

Faculty Publications

Responding to the trend of media rights being subjugated through the legal process, this article examines Justice Stewart's suggestion that the media should be treated with extra deference in First Amendment cases. This examination looks at the sufficiency of the press's claim of judicial harshness, whether the press should be treated differently than other speakers, and also compares press freedom in foreign nations.

Maryland's Equal Rights Amendment Challenges The Common Law Action Of Criminal Conversation: Kline V. Ansell, Mckay Marsden

BYU Law Review

No abstract provided.

The Supreme Court's Interpretation Of The Civil Rights Act Of 1964: Liberty, Equality And The Limitation Of Judicial Power, Stephen L. Fluckiger

BYU Law Review

No abstract provided.

Complaint's Reliance On Seemingly Authoritative Statements Of Tec Employee Insufficient Equitable Grounds To Toll Title Vii Eeoc Filing Limitation., Thomas Mckenzie

St. Mary's Law Journal

Abstract Forthcoming.

Remedies And Damages For Violation Of Constitutional Rights, Frank M. Mcclellan, Phoebe Haddon Northcross

Duquesne Law Review

No abstract provided.

Remedies And Damages For Violation Of Constitutional Rights, Frank M. Mcclellan, Phoebe A. Haddon

Faculty Scholarship

No abstract provided.

Racial Preference And The Constitution: The Societal Interest In The Equal Participation Objective, Robert Allen Sedler

Law Faculty Research Publications

No abstract provided.

5. Social Inquiry: Instructional Manual To Accompany 'Mark', Matthew Lipman, Ann Margaret Sharp

Secondary School Curriculum

The task of social studies as a discipline is to focus students’ already developed thinking skills upon the conceptual foundation of the social sciences. Students will think about these underlying concepts if they can talk about them, and they will talk about what they perceive as controversial or problematic. This, then, is what Mark and Social Inquiry aim to do: to identify selected root issues in the social sciences and expose to students the conflicting concepts at the heart of each issue.

Can The Boat People Assert A Right To Remain In Asylum?, Brian Roberts

Seattle University Law Review

World political reaction to the Southeast Asian refugee crisis has not asserted the refugees' human rights under international law. As a result, most of the refugees lack security from forcible return to the conditions they fled. They would have that security if the world powers act instead to implement non-refoulement, an established moral principle that arguably has attained the status of customary international law.

The Constitution And School Desegregation: An Inquiry Into The Nature Of The Substantive Right, Robert Allen Sedler

Kentucky Law Journal

No abstract provided.

4. Mark (Novel), Matthew Lipman

Secondary School Curriculum

The high school has been vandalized, and Mark is arrested at the scene of the crime. He claims he is a “victim of society.” But what is society? What forces hold it together or work to pull it apart? These are questions to which Mark and his classmates address themselves. What they seek are ways of evaluating social institutions, rules and values, so as to determine how well society is able to live up to the ideals which, at one time or another, have been set for it. They pay particular attention to the nature of law and crime, tradition, …

Broadening Access To The Courts And Clarifying Judicial Standards: Sex Discrimination Cases In The 1978-1979 Supreme Court Term, Janice M. Hamilton, Janine S. Hiller, Joyce Ann Naumann, Barbara H. Vann

University of Richmond Law Review

During the 1978-79 Term of the Supreme Court, sex discrimination continued to be an area of active judicial concern, with the Court deciding eight cases alleging unlawful sex discrimination. The purpose of this note is to present the Court's holdings and its rationale in these decisions, to analyze the significance of the decisions in view of the Court's past rulings, and to suggest possible implications for future sex discrimination cases.

Federalism And Social Change, Terrance Sandalow

Articles

A familiar passage in Professors Hart and Wechsler's casebook likens the relationship between federal and state law to that which exists between statutes and the common law. The underlying idea is that federal law rests upon a substructure of state law. "It builds upon legal relationships established by the states, altering or supplanting them only so far as necessary for [its] special purpose."' A similar relationship exists between state and federal judicial systems. State courts are courts of general jurisdiction, assumed to have authority to adjudicate controversies unless Congress has displaced them by conferring exclusive jurisdiction on federal courts. Federal …

Judicial Competence And Fundamental Rights, Earl S. Maltz, Ira C. Lupu

Michigan Law Review

In the April 1979 issue of the Michigan Law Review, Professor Ira Lupu added his valuable contribution to the continuing debate on the problem of defining the nature of fundamental rights under the Constitution. In many respects his article is a wholly admirable piece of scholarship, both well-researched and carefully reasoned. However, on one issue - the question of judicial competence to identify the values he defines as fundamental - Professor Lupu's discussion is seriously deficient. This letter will examine the problem of judicial competence and conclude that it is fatal to Professor Lupu's conception of the appropriate role …

City Of Mobile, Alabama V. Bolden, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.