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Articles 1081 - 1110 of 1255

Full-Text Articles in Civil Rights and Discrimination

A Reply To Cummings: Are The Racial Realists Forced To Embrace The Legal Rationale Of The Liberal And Integrationist Structures?, Kevin D. Brown Jan 1993

A Reply To Cummings: Are The Racial Realists Forced To Embrace The Legal Rationale Of The Liberal And Integrationist Structures?, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.


Vmi Essays: The Virginia Military Institute And The Equal Protection Clause: A Factual And Legal Introduction, Jon Allyn Soderberg Jan 1993

Vmi Essays: The Virginia Military Institute And The Equal Protection Clause: A Factual And Legal Introduction, Jon Allyn Soderberg

Washington and Lee Law Review

No abstract provided.


Vmi Essays: The Curious Case Of The Virginia Military Institute: An Essay On The Judicial Function, Allan Ides Jan 1993

Vmi Essays: The Curious Case Of The Virginia Military Institute: An Essay On The Judicial Function, Allan Ides

Washington and Lee Law Review

No abstract provided.


Vmi Essays: An Essay On Vmi And Military Service: Yes, We Do Have To Be Equal Together, Mary M. Cheh Jan 1993

Vmi Essays: An Essay On Vmi And Military Service: Yes, We Do Have To Be Equal Together, Mary M. Cheh

Washington and Lee Law Review

No abstract provided.


Civil Rights - Third Circuit Narrows Scope Of Public School District 1983 Liability For The Sexual Abuse Of Students, Nancy L. Harris Jan 1993

Civil Rights - Third Circuit Narrows Scope Of Public School District 1983 Liability For The Sexual Abuse Of Students, Nancy L. Harris

Villanova Law Review (1956 - )

No abstract provided.


Freeman V. Pitts: A Rethinking Of Public School Desegregation, Frank H. Stubbs Iii Jan 1993

Freeman V. Pitts: A Rethinking Of Public School Desegregation, Frank H. Stubbs Iii

University of Richmond Law Review

On March 31, 1992, the United States Supreme Court unanimously declared that federal district courts have the authority to relinquish supervision and control of a public school desegregation plan in incremental stages, before full compliance has been achieved in every area of school operations. The Court also held that public school districts have no duty to remedy racial imbalance caused by demographic shifts once the vestiges of de jure segregation have been eliminated. Reversing a lower court's ruling, Justice Kennedy, writing for the majority, stated that the decision was consistent with the Court's duties to both remedy constitutional violations and …


An Education Of Their Own: The Precarious Position Of Publicly Supported Black Colleges After United States V. Fordice, Darryll K. Jones Jan 1993

An Education Of Their Own: The Precarious Position Of Publicly Supported Black Colleges After United States V. Fordice, Darryll K. Jones

Journal Publications

In United States v. Fordice, the United States Supreme Court revisited the awesome task of eliminating race from educational policy. Fordice ostensibly involved the duty of a state to remedy past discrimination in its formerly segregated system of higher education. Mississippi argued that it need only cease further discrimination, while private petitioners and the United States argued that the state must also undertake remedial measures beyond simply ending present discriminatory practices. The Court's rejection of Mississippi's approach and its adherence to the Brown v. Board of Education demand to eliminate race as a factor in educational opportunity uncovered the hidden …


After The Desegregation Era: The Legal Dilemma Posed By Race And Education, Kevin D. Brown Jan 1993

After The Desegregation Era: The Legal Dilemma Posed By Race And Education, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.


The Legal Rhetorical Structure For The Conversion Of Desegregation Lawsuits To Quality Education Lawsuits, Kevin D. Brown Jan 1993

The Legal Rhetorical Structure For The Conversion Of Desegregation Lawsuits To Quality Education Lawsuits, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.


Recent Developments In The Termination Of School Desegregation Decrees, Kevin D. Brown Jan 1993

Recent Developments In The Termination Of School Desegregation Decrees, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.


Equity In Public Education: School-Finance Reform In Michigan, William S. Koski Oct 1992

Equity In Public Education: School-Finance Reform In Michigan, William S. Koski

University of Michigan Journal of Law Reform

This Note argues that the only adequate compromise between the pressure to limit taxes and the need to provide both educational quality and equity is to institute a form of full-state funded education. Part I of this Note briefly defines equity in public education and discusses the importance of increasing equity. Part II discusses other values and concerns that arise in the school-finance debate, such as liberty, local control, efficiency, and quality of education. Part III considers several fundamental school-finance alternatives. Part IV provides a historical overview of Michigan school finance reform and a description of the current State School …


Not Just Another Brown Analysis: A Call For Public Education Reform, North Carolina Central Law Review Oct 1992

Not Just Another Brown Analysis: A Call For Public Education Reform, North Carolina Central Law Review

North Carolina Central Law Review

No abstract provided.


Illiberal Education: The Politics Of Race And Sex On Campus, Bruce Goldner May 1992

Illiberal Education: The Politics Of Race And Sex On Campus, Bruce Goldner

Michigan Law Review

A Review of Illiberal Education: The Politics of Race and Sex on Campus by Dinesh D'Souza


Christine Franklin, Petitioner V. Gwinnett County Public Schools And William Prescott, 60 U.S.L.W. 4167 (February 26, 1992), Tahirih Sadrieh Apr 1992

Christine Franklin, Petitioner V. Gwinnett County Public Schools And William Prescott, 60 U.S.L.W. 4167 (February 26, 1992), Tahirih Sadrieh

Circles: Buffalo Women's Journal of Law and Social Policy

No abstract provided.


The Gender Gap: Separating The Sexes In Public Education, Sharon K. Mollman Jan 1992

The Gender Gap: Separating The Sexes In Public Education, Sharon K. Mollman

Indiana Law Journal

No abstract provided.


Has The Supreme Court Allowed The Cure For De Jure Segregation To Replicate The Disease?, Kevin D. Brown Jan 1992

Has The Supreme Court Allowed The Cure For De Jure Segregation To Replicate The Disease?, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.


A Judge Remembers Richmond In The Post-Brown Years, Robert R. Merhige, Jr. Jan 1992

A Judge Remembers Richmond In The Post-Brown Years, Robert R. Merhige, Jr.

Washington and Lee Law Review

No abstract provided.


A Former Governor's Reflections On Massive Resistance In Virginia, Linwood Holton Jan 1992

A Former Governor's Reflections On Massive Resistance In Virginia, Linwood Holton

Washington and Lee Law Review

No abstract provided.


Out Of Focus: The Misapplication Of Traditional Equitable Principles In The Nontraditional Arena Of School Desegregation, Joseph H. Bates Nov 1991

Out Of Focus: The Misapplication Of Traditional Equitable Principles In The Nontraditional Arena Of School Desegregation, Joseph H. Bates

Vanderbilt Law Review

Karl Marx wrote that all historical facts occur twice--the first time as tragedy, the second time as farce.' In the desegregation of Little Rock, Arkansas, the genres were reversed. In 1957 the opportunistic Governor Orvall Faubus reduced to farce the Little Rock Board of Education's initial attempt to comply with the United States Supreme Court's decree in Brown v. Board of Education when he ordered the Arkansas National Guard to prohibit nine black students from entering Little Rock High School. In 1983, after more than two decades of continuous court supervision and intermittent litigation, the tragedy began when the Little …


Tracking: The End Of Equal Educational Opportunity, Brenna B. Mahoney Apr 1991

Tracking: The End Of Equal Educational Opportunity, Brenna B. Mahoney

In the Public Interest

No abstract provided.


Foreword: Racist Speech On Campus, Kingsley R. Browne Jan 1991

Foreword: Racist Speech On Campus, Kingsley R. Browne

Law Faculty Research Publications

No abstract provided.


Doe V. University Of Michigan And Campus Bans On "Racist Speech": The View From Within, Robert A. Sedler Jan 1991

Doe V. University Of Michigan And Campus Bans On "Racist Speech": The View From Within, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.


Retreat From The Melting Pot: Cultural Pluralism And Public Policy, Douglas O. Linder Jan 1991

Retreat From The Melting Pot: Cultural Pluralism And Public Policy, Douglas O. Linder

Faculty Works

No abstract provided.


Indian Reservations And The Preservation Of Tribal Culture: Beyond Wardship To Stewardship, John W. Ragsdale Jr Jan 1991

Indian Reservations And The Preservation Of Tribal Culture: Beyond Wardship To Stewardship, John W. Ragsdale Jr

Faculty Works

No abstract provided.


Racial Insults And Free Speech Within The University, J. Peter Byrne Jan 1991

Racial Insults And Free Speech Within The University, J. Peter Byrne

Georgetown Law Faculty Publications and Other Works

This article examines the constitutionality of university prohibitions of public expression that insults members of the academic community by directing hatred or contempt toward them on account of their race. Several thoughtful scholars have examined generally whether the government can penalize citizens for racist slurs under the first amendment, but to the limited extent that they have discussed university disciplinary codes they have assumed that the state university is merely a government instrumentality subject to the same constitutional limitations as, for example, the legislature or the police. In contrast, I argue that the university has a fundamentally different relationship to …


Academic Freedom And The University Title Vii Suit After University Of Pennsylvania V. Eeoc And Brown V. Trustees Of Boston University, Clisby L.H. Barrow Oct 1990

Academic Freedom And The University Title Vii Suit After University Of Pennsylvania V. Eeoc And Brown V. Trustees Of Boston University, Clisby L.H. Barrow

Vanderbilt Law Review

Tenure' is the crowning laurel of academia. The process of reviewing a candidate for tenure at the university level generally begins with an evaluation and recommendation by a group of the candidate's peers. Candidates who are denied tenure may seek judicial review of the decision and discovery of peer review materials. Not surprisingly, universities encourage courts to defer to tenure decisions and to deny plaintiffs access to confidential peer review documents.Traditionally, in fact, courts have given great deference to university tenure decisions. Judicial deference has pervaded every phase of review from discovery to trial and remedy. As deference to university …


Termination Of Public School Desegregation: Determination Of Unitary Status Based On The Elimination Of Invidious Value Inculcation, Kevin D. Brown Jan 1990

Termination Of Public School Desegregation: Determination Of Unitary Status Based On The Elimination Of Invidious Value Inculcation, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.


School Desegregation In Buffalo: The Hold Of History, Judy Scales-Trent Jan 1990

School Desegregation In Buffalo: The Hold Of History, Judy Scales-Trent

Journal Articles

No abstract provided.


Implementing Brown In The Nineties: Political Reconstruction, Liberal Recollection, And Litigatively Enforced Legislative Reform, James S. Liebman Jan 1990

Implementing Brown In The Nineties: Political Reconstruction, Liberal Recollection, And Litigatively Enforced Legislative Reform, James S. Liebman

Faculty Scholarship

Opposed for a decade by a hostile national administration, faced with the prospect for decades to come of an unsympathetic federal judiciary, and amidst declarations of the Second Reconstruction's demise, civil rights organizations have undertaken recently to rethink their litigation agendas. I have two motivations for offering some thoughts in support of that task. First, the civil rights community has requested the assistance of the academy in reshaping the community's litigation agenda and, in my case, in identifying "new strategies for implementing Brown v. Board of Education." Second, my analysis of the principal "old" strategy for implementing Brown, …


Retroactive Reimbursement: The Standard Of Review For A Parent’S Unilateral Placement Under The Education For All Handicapped Children Act, Julie Price Passman Aug 1989

Retroactive Reimbursement: The Standard Of Review For A Parent’S Unilateral Placement Under The Education For All Handicapped Children Act, Julie Price Passman

Cardozo Law Review

No abstract provided.