Civil Rights and Discrimination Commons^™

Free Speech: It's Great For Hate, Kenneth Lasson

All Faculty Scholarship

No abstract provided.

Foreword: Freedom And Tenure In The Academy: The Fiftieth Anniversary Of The 1940 Statement Of Principles, William W. Van Alstyne

Faculty Publications

This forward comments on the shared anniversary of the Bill of Rights and several declarations of academic freedom. Several of the preceding articles are intended to discuss academic freedom and the need for its protection in the U.S.

Academic Freedom And The First Amendment In The Supreme Court Of The United States: An Unhurried Historical Review, William W. Van Alstyne

Faculty Publications

No abstract provided.

Rico Threatens Civil Liberties, Antonio J. Califa

Vanderbilt Law Review

The history of conspiracy, according to Justice Robert Jackson, exemplifies the "'tendency of a principle to expand itself to the limit of its logic.' "" This same phenomenon is present today in the Racketeer Influenced and Corrupt Organizations Act of 1970 (RICO). RICO has moved beyond logic and intent into areas far removed from racketeering. Originally intended to combat organized crime, RICO is used increasingly in ideological disputes. For example, it has been used against abortion clinic protesters and anti-pornography groups.

This Article argues that using RICO in ideological disputes is inappropriate and harmful because it results in the chilling …

"Discrimination" On The Basis Of Religion: An Examination Of Attempted Value Neutrality In Employment, Laura S. Underkuffler

Cornell Law Faculty Publications

No abstract provided.

Section 1983, Martin A. Schwartz, Honorable George C. Pratt, Leon Friedman

Touro Law Review

No abstract provided.

The History And Culture Of Affirmative Action, Anthony J. Scanlon

BYU Law Review

No abstract provided.

The White House Report: Information On Judge Bork's Qualifications, Judicial Record & Related Subjects

Cardozo Law Review

No abstract provided.

Racism In Great Britain: Drawing The Line On Free Speech, Kenneth Lasson

All Faculty Scholarship

On any given Sunday in Hyde Park, London's huge urban sanctuary of tailored ponds and manicured gardens, one is likely to hear outrageous and provocative public utterances about race and religion. A few of those venting their spleen here are practicing rhetoricians, a few are clearly acting-but others are absolutely sincere in their hatemongering and passionate in their vilification. All of them are focal points for assembled spectators of varying classes, many of whom are professional hecklers. The police, milling about to put down possible disturbances of the peace, are seldom called upon to quell roused rabble. Thus is this …

Freedom Of Speech And Racism, David Kretzmer

Cardozo Law Review

No abstract provided.

Kemner V. Monsanto Company: The Illinois Supreme Court Confronts The Free Speech/Fair Trial Controversy, 20 J. Marshall L. Rev. 581 (1987), Thomas K, Pfister

UIC Law Review

No abstract provided.

Developments In Civil Liberties: 1984-85 Term, Ivan E. Bodensteiner, Rosalie Levinson

Law Faculty Publications

No abstract provided.

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.

When Separate Is Equal: Why Organized Religious Exercises, Unlike Chess, Do Not Belong In The Public Schools (Symposium: Freedom Of Association), Ruti Teitel

Articles & Chapters

No abstract provided.

Federal Rule Of Civil Procedure 68: "Settling" The Differences In The Proposed Amendments To The Offer Of Settlement Rule, Nelson Perel

Cardozo Law Review

No abstract provided.

Racial Defamation As Free Speech: Abusing The First Amendment, Kenneth Lasson

All Faculty Scholarship

The traditional view of the first amendment's free speech guarantee as absolute, allowing few and narrow exceptions, reflects the Constitution's dedication to an open and unfettered exchange of ideas. Those thoughts that are abhorrent to a free society, the argument goes, will wither when aired but fester if suppressed. Moreover, who is to decide which ideas are offensive? The interests of the state may well be inferior to those of the people, the wisdom of public servants often suspect in quality and motivation. But freedom of speech is so precious and delicate a liberty it must be preserved at great …

The Trouble With Jaycees, Neal Devins

Faculty Publications

No abstract provided.

In Defense Of Group-Libel Laws, Or Why The First Amendment Should Not Protect Nazis, Kenneth Lasson

All Faculty Scholarship

The author discusses group libel laws, and the underlying problems when free speech is used as a defense by those who would defame specific racial or ethnic groups and/or minorities. The topic is further explained in reference to various state laws, and the subsequent court cases extant at the time of the article's writing which defined the issue in terms of law. References are also made to such laws in countries other than the United States for the sake of comparison.

1983-84 Current Developments In Civil Liberties, Ivan E. Bodensteiner, Rosalie Levinson

Law Faculty Publications

No abstract provided.

The First Amendment And Distributional Voting Rights Controversies, Emily M. Calhoun

Publications

No abstract provided.

Group Libel Versus Free Speech: When Big Brother Should Butt In, Kenneth Lasson

All Faculty Scholarship

The year 1984 may not have fulfilled Orwellian prophecies of governmental totalitarianism, but citizens of the world remain no less concerned about the quality of their civil liberties. If people could live peacefully and productively together under a strict caste system, or blissfully in enslavement, there would be little impetus to identify 'natural rights' nor insistence upon what we know as 'freedom.' But human experience has amply demonstrated the universal yearning for personal liberty, as well as the need to legislate against its deprivation.

Thus Big Brother has been the enemy from long before the Magna Carta and long since …

The Proposed Amendment To Federal Rule Of Civil Procedure 68: Toughening The Sanctions, Julie M. Cheslik

Faculty Works

No abstract provided.

Freedom Of Association After Roberts V. United States Jaycees, Douglas O. Linder

Michigan Law Review

The decision of the U.S. Supreme Court in Roberts v. United States Jaycees, upholding a Minnesota ruling which requires the Minnesota Jaycees to admit women as full members, ended one controversy but marked only the beginning of a far larger one. It was predicted by many that U.S. Jaycees would answer the question of whether private associations with restrictive membership policies were vulnerable to state anti-discrimination laws or were constitutionally protected. It did not. Instead, while rejecting the Jaycees' constitutional claims, the Court established a comprehensive framework for analyzing future claims of associational freedom that contains a number of …

Current Developments In Civil Liberties, Ivan E. Bodensteiner, Rosalie Levinson

Law Faculty Publications

No abstract provided.

On Complaining About The Burger Court, Robert F. Nagel

Publications

No abstract provided.

A New Look At An Old Association: Will Today's Women Be Tomorrow's Jaycees?, Neal Devins

Faculty Publications

No abstract provided.

What Standards Apply When Freedoms Collide?, Neal Devins

Faculty Publications

No abstract provided.

Government Liability For Unconstitutional Land Use Regulation, Stewart E. Sterk

Articles

The article examines whether the Constitution requires a damage remedy for unconstitutional land use ordinances and analyzes the policy implications of such a remedy. It argues that while awarding damages can compensate victims and influence behavior, the threat of liability may discourage useful government action. The author concludes that municipal damage liability for unconstitutional land use ordinances is generally unwise, except when the ordinance results from bad faith or deliberate obstruction of constitutional rights.

Civil Liberties: Current Developments In The Seventh Circuit Regarding First Amendment, Procedural Due Process, Employment Discrimination And The Enforcement Of Civil Rights, Ivan E. Bodensteiner, Rosalie Levinson

Law Faculty Publications

No abstract provided.

Bob Jones University V. United States, Lewis Powell Jr.

Supreme Court Case Files

No abstract provided.