Civil Rights and Discrimination Commons^™

Fullilove V. Klutznick (Formerly Kreps), Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Bakke, Weber And Mr. Justice Stewart: Constitutional Theory And Affirmative Action, Albert Broderick

North Carolina Central Law Review

No abstract provided.

Rewriting Roe V. Wade, Donald H. Regan

Articles

Roe v. Wade is one of the most controversial cases the Supreme Court has decided. The result in the case - the establishment of a constitutional right to abortion - was controversial enough. Beyond that, even people who approve of the result have been dissatisfied with the Court's opinion. Others before me have attempted to explain how a better opinion could have been written. It seems to me, however, that the most promising argument in support of the result of Roe has not yet been made. This essay contains my suggestions for "rewriting" Roe v. Wade

Rites Of Passage: Race, The Supreme Court, And The Constitution, William W. Van Alstyne

Faculty Publications

No abstract provided.

Beyond Bakke: The Constitution And Redressing The Social History Of Racism, Robert Allen Sedler

Law Faculty Research Publications

No abstract provided.

Ruminations On The Quality Of Equality, Philip B. Kurland

BYU Law Review

No abstract provided.

Three Views Of Equal Protection : A Backdrop To Bakke, J. Frederic Voros Jr.

BYU Law Review

No abstract provided.

The Covenant On Civil And Political Rights As The Law Of The Land, Alice A. Noble

Villanova Law Review (1956 - )

No abstract provided.

Civil Rights - Employment Discrimination - Employer May Establish Voluntary Affirmative Action Program Within Area Of Discretion Granted By Title Vii, Penny Tannenbaum

Villanova Law Review (1956 - )

No abstract provided.

The Body Of John Merryman: Ex Parte Merryman, A Case Of Executive-Judicial Conflict Over The Suspension Of Habeas Corpus, Eric Paul Anderson

All Master's Theses

At the outbreak of the Civil War the Federal military arrested certain people whose loyalty was suspect. One victim, John Merryman, attempted to free himself by petitioning for a writ of habeas corpus. However, President Lincoln authorized the military to suspend the writ in such cases. The matter came before Chief Justice Taney who disputed the president's authority to suspend the writ and ruled in Merryman's favor. This thesis recounts the history of the habeas corpus process in Anglo-American law and its inclusion in the Constitution, Merryman's role in the first hostilities, his arrest, and the attempt to free him. …

Federal Courts - 42 U.S.C. 1983 - Suing Municipalities Under 42 U.S.C. 1983: The Impact Of Monell V. Department Of Social Services, Howard M. Klein

Villanova Law Review (1956 - )

No abstract provided.

Columbus Board Of Education V. Penick, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Davis V. Passman, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

New York City Transit Authority V. Beazer, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Personnel Administrator Of Massachusetts V. Feeney, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Theodore A. Smedley And The Race Relations Law Reporter, Paul H. Sanders

Vanderbilt Law Review

Beginning in 1959, Ted Smedley served with personal distinction and national recognition as Director of the Race Relations Law Reporter and as Director and Editor of the successor publications,the Race Relations Law Survey and the Race Relations Law Index. Professor Smedley, who joined the Board of Editors of the Race Relations Law Reporter in the fall of 1957 as one of three Associate Directors, engaged in editorial activities in this dynamic and sensitive area over a seventeen-year period, an era marked by tremendous ferment and revolutionary change. The quality of his work is evident in the words published within the …

Sex Discrimination—Court Narrows Gilbert—Some Pregnancy Discrimination Is Sex Related, Claudia G. Allen, Jean C. Powers

Buffalo Law Review

No abstract provided.

Discussion Of Papers Presented By Nathaniel R. Jones And Daniel D. Polsby, Robert Allen Sedler

Law Faculty Research Publications

Comments on Metropolitan Desegregation and the Courts

Equality For Individuals Or Equality For Groups: Implications Of The Supreme Court Decision In The Manhart Case, William W. Van Alstyne

Faculty Scholarship

This commentary breaks down the case of the City of Los Angeles Department of Water and Power v. Manhart and discusses what effects the Supreme Court's decision will have when Title VII is applied to university employers, particularly in their relationship with TIAA-CREF

Equal Rights Amendment South Carolina Coalition Records - Accession 168, Equal Rights Amendment South Carolina Coalition

Manuscript Collection

The Equal Rights Amendment (ERA) records, dating from 1970 to 1978, include correspondence, legislative journals, magazine articles, newspaper clippings, brochures, pamphlets, and other records relating to the work of the South Carolina Coalition in trying to get the ERA ratified by the South Carolina state legislature. There is relevant material concerning the ERA issue in other states. The Coalition was organized in 1972. The Equal Rights Amendment (ERA) was a proposed amendment to the United States Constitution designed to guarantee equal rights for women.

Judicial Immunity And Sovereignty, Robert F. Nagel

Publications

No abstract provided.

Equal Rights Amendment South Carolina Coalition Records - Accession 183, Equal Rights Amendment South Carolina Coalition, Coleman Groves Poag

Manuscript Collection

The Equal Rights Amendment (ERA) South Carolina Coalition Records consists of correspondence, newsletters, brochures, pamphlets, and telegrams, extending from 1972-1978, sent by both supporters and non-supporters of ERA to Coleman Poag, South Carolina state senator for district 6, in an effort to influence Poag’s vote. The ERA was a proposed amendment to the United States Constitution designed to guarantee equal rights for women.

Bakke Revisited - What The Court's Decision Means - And Doesn't Mean, Douglas D. Scherer

Scholarly Works

No abstract provided.

A Preliminary Report On The Bakke Case, William W. Van Alstyne

Faculty Scholarship

This comment breaks down the variety of opinions in the Bakke case and discusses the immediate implications the decision may have on the academic community.

Regents Of University Of California V. Bakke, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Santa Clara Pueblo V. Martinez, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Runyon V. Mccrary And Regulation Of Private Schools, Mary-Michelle Upson Hirschoff

Indiana Law Journal

No abstract provided.

Judicial Protection Of Minorities, Terrance Sandalow

Articles

In United States v. Carolene Products Co., Justice Stone suggested by indirection that there "may be narrower scope for operation of the presumption of constitutionality" when courts are called upon to determine the validity "of statutes directed at particular religious . . . or national . . . or racial minorities."' In such cases, he explained, "prejudice against discrete and insular minorities may be a special condition, which tends seriously to curtail the operation of those political processes ordinarily to be relied upon to protect minorities, and which may call for a correspondingly more searching judicial inquiry."' Forty years later, …

Constitutional Law - School Desegregation - Interdistrict Desegregation Order Is Within Discretion Of District Court When Based Upon Finding Of One Or More Interdistrict Constitutional Violation, James D. Hilly

Villanova Law Review (1956 - )

No abstract provided.

Racial Preferences In Higher Education: Political Responsibility And The Judicial Role, Terrance Sandalow

Book Chapters

... Professors John Hart Ely and Richard Posner have established diametrically opposed positions in the debate. Their contributions are of special interest because each undertakes to answer the question within the framework of a theory concerning the proper distribution of authority between the judiciary and the other institutions of government

...Professor Ely [see pp. 208-216, herein] defends the constitutionality of racial preferences, essentially on the ground that the equal-protection clause should not be read to prevent a majority from discriminating between itself and a minority only to its own disadvantage. The predicate for an active judicial role is lacking, ... …