Civil Rights and Discrimination Commons^™

Chief Justice Earl Warren, Otis H. King

North Carolina Central Law Review

No abstract provided.

Justice Byron R. White, Charles E. Daye

North Carolina Central Law Review

No abstract provided.

Justice William Brennan, John Doar

North Carolina Central Law Review

No abstract provided.

The Nature Of The Constitutional Process: Equal Protection And The Burger Court, Albert Broderick

North Carolina Central Law Review

No abstract provided.

North Haven And Dougherty: Narrowing The Scope Of Title Ix, Rosemary C. Salomone

Faculty Publications

(Excerpt)

Since 1975 when the former Department of Health, Education and Welfare (hereinafter referred to as HEW) initially promulgated regulations pursuant to Title IX of the Education Amendments of 1972 (hereinafter referred to as Title IX), four Courts of Appeals and numerous District Courts have declared invalid the Title IX regulations governing the employment practices and policies of educational institutions. In an attempt to avoid administrative chaos resulting from enforcement inconsistencies, the Justice Department petitioned the Supreme Court to review the decisions of the First, Sixth and Eighth Circuits. This petition was denied on November 26, 1979, thereby letting the …

Britain, Blacks, And Busing, Derrick Bell

Michigan Law Review

A Review of Doing Good By Doing Little: Race and Schooling in Britain by David L. Kirp

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 Impact Of Columbus Board Of Education V. Penick And Dayton Board Of Education V. Brinkman On Proving Segregative Intent In School Desegregation Cases, Bernadine S. Balance

North Carolina Central Law Review

No abstract provided.

Title Ix And Employment Discrimination: A Wrong In Search Of A Remedy, Rosemary C. Salomone

Faculty Publications

(Excerpt)

Since the early 1960's when the struggle for women's rights gained renewed strength and hope from the civil rights movement, a number of federal laws have been enacted to protect the rights of women in employment. Among these laws are included Title VII of the Civil Rights Act of 1964 as amended in 1972 (hereinafter referred to as Title VII) which prohibits employment discrimination based upon sex in addition to the grounds of race, color, religion and national origin; Executive Order 11375 which prohibits sex discrimination by employers holding federal contracts; and the Equal Pay Act of 1963 as …

Teacher Dismissal: A View From Mount Healthy, E. Gordon Gee

BYU Law Review

No abstract provided.

Local Taxes, Federal Courts, And School Desegregation In The Proposition 13 Era, Michigan Law Review

Michigan Law Review

This Note examines a federal court's dilemma when the remedy of school desegregation collides with the trend of tax limitation - when a school desegregation order requires funds that the local school authorities do not have and cannot raise. Can the district court order a local tax levy to fund school desegregation when the school authorities have already reached their maximum taxing limit? Is there a better alternative remedy?

To tackle those questions, this Note first elucidates three equitable principles to guide courts in fashioning desegregation decrees. It then explores the history of judicial power to order state and local …

Title Vi, Title Ix, And The Private University: Defining "Recipient" And "Program Or Part Thereof", Michigan Law Review

Michigan Law Review

This Note explores the meaning of "recipient" and "program or part thereof' in title VI and title IX. Section I studies federal court definitions of "recipient" and the legislative history of title VI; it concludes that only organizations that exercise discretion in disbursing federal funds to students are "recipients." Section II explores the "program or part thereof' language as applied to the university by examining legislative history and recent discrimination cases. It argues that, since Congress sought to protect beneficiaries both from discrimination and from overbroad cutoffs, courts and agencies should draw the perimeters of a funds cutoff by balancing …

Civil Rights - Sex Discrimination - Title Ix Of The Education Amendments Of 1972 - Implied Right Of Action, Kathy Condo-Caritis

Duquesne Law Review

The Supreme Court of the United States has held that a private right of action can be implied for victims of sex discrimination under Title IX of the Education Amendments of 1972.

Cannon v. University of Chicago, 441 U.S. 677 (1979).

Minimum Competency Testing: Education Or Discrimination?, Mary G. Commander

University of Richmond Law Review

Minimum competency testing1 has been described as the "next major reform movement in American education." It also has been described as the "Great American Fad of the 1970's." The call for a minimum competency test requirement for graduation from high school resulted from increasing public concern about rising illiteracy rates and declining standardized test scores. This concern has created a "back to basics" trend in education, with a concurrent emphasis on educational accountability. This was the point at which most state legislatures entered the process by enacting accountability statutes. The competency tests are an aspect of this accountability. They are …

Board Of Education Of The City School District Of New York V. Harris, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Lawyers V. Educators: Changing Perceptions Of Desegregation In Public Higher Education, Jean Preer

North Carolina Central Law Review

No abstract provided.

Beyond Bakke—The Use Of Noncognitive Factors In Professional School Admissions Decisionmaking, Catherine Wright Smith

Washington Law Review

This comment suggests that professional schools constitutionally need not and, as a matter of policy, should not be deterred from considering at least some noncognitive criteria in admissions decisions. An exhaustive constitutional analysis of the standard of inquiry appropriate for each noncognitive criterion is not attempted. Instead, the comment shows in Part I that, regardless of the standard of scrutiny applied, any constitutional adjudication will involve some inquiry into the relationship between the school's articulated admissions goals and the admissions criteria used to implement them. The focus of the comment, then, is to analyze those goals that are typically advanced …

Bakke In Balance: Some Preliminary Thoughts, Robert M. O'Neil

Articles by Maurer Faculty

No abstract provided.

More On The Bakke Decision, Robert M. O'Neil, Kenneth S. Tollett, David E. Feller, William Van Alstyne

Articles by Maurer Faculty

No abstract provided.

The Repudiation Of Plato: A Lawyer's Guide To The Educational Rights Of Handicapped Children, Robert E. Shepherd Jr.

University of Richmond Law Review

Plato's solution for the handicapped children of Athens advanced some 2400 years ago was rejected by the Supreme Court of the United States in famous dictum in Meyer v. Nebraska as being "ideas. . . wholly different from those upon which our institutions rest .... " However, it took about half a century for the ultimate repudiation of the ideas espoused by the great philosopher as the Supreme Court's 1923 dictum finally bore fruit in federal court decisions establishing a constitutional right to education for handicapped children and in a congressional definition of such a right in the Education for …

The Theory Of Adjudication And The Task Of The Great Judge, David A.J. Richards

Cardozo Law Review

No abstract provided.

Affirmative Action And The Harvard College Diversity-Discretion Model: Paradigm Or Pretext?, Alan M. Dershowitz, Laura Hanft

Cardozo Law Review

No abstract provided.

Equality, Liberty, And The Public Schools: The Role Of The State Courts, Jack B. Weinstein

Cardozo Law Review

No abstract provided.

Making Sense Of Desegregation And Affirmative Action, William W. Van Alstyne

Faculty Publications

This review discusses J. Harvie Wilkinson's From Brown to Bakke and its companion work, Counting by Race: Equality from the Founding Fathers to Bakke and Weber written by Terry Eastland and William J. Bennett. Wilkinson's work is found to maintain a narrow focus on its specific subject of school desegregation and the Supreme Court, but it suffers from over-exaggeration and an abundance of adornment in his writing style. Counting is a provocative piece that asserts the position that the Constitution is still not color-blind, despite what many have proposed, and makes an authoritative argument for such a claim.

Making Sense Of Desegregation And Affirmative Action, William W. Van Alstyne

Faculty Scholarship

This review discusses J. Harvie Wilkinson's "From Brown to Bakke" and its companion work, "Counting by Race: Equality from the Founding Fathers to Bakke and Weber" written by Terry Eastland and William J. Bennett. Wilkinson's work is found to maintain a narrow focus on its specific subject of school desegregation and the Supreme Court, but it suffers from over-exaggeration and an abundance of adornment in his writing style. "Counting" is a provocative piece that asserts the position that the Constitution is still not color-blind, despite what many have proposed, and makes an authoritative argument for such a claim.

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

Popular Media

No abstract provided.

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

Supreme Court Case Files

No abstract provided.

Southeastern Community College V. Davis, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

The Handicapped Child's Civil Right As It Relates To The "Least Restrictive Environment" And Appropriate Mainstreaming, Darvin L. Miller, Marilee A. Miller

Indiana Law Journal

No abstract provided.