Civil Rights and Discrimination Commons^™

The Unique, Novel, And Unsound Adversary Ethic, Thomas L. Shaffer

Vanderbilt Law Review

The dominant ethic in the American legal profession in 1988 is the adversary ethic. The adversary ethic, in the words of the late Justice Abe Fortas, claims that "[l]awyers are agents, not principals; and they should neither criticize nor tolerate criticism based upon the character of the client whom they represent or the cause that they prosecute or defend. They cannot and should not accept responsibility for the client's practices." This ethic is the principal-and often the only-reference point in professional discussions. Although it is embedded in our professional codes, our cases, and our law offices, this Article argues that …

A Need For Caring, Judith Areen

Michigan Law Review

A Review of AIDS and the Law: A Guide for the Public edited by Harlon L. Dalton, Scott Burris and the Yale AIDS Law Project

Surrogate Parenting After Baby M: The Ball Moves To The Legislature’S Court, John R. Dunne, Gregory V. Serio

Touro Law Review

No abstract provided.

Civil Rights In Transition: Sections 1981 And 1982 Cover Discrimination On The Basis Of Ancestry And Ethnicity, Eileen Kaufman, Martin A. Schwartz

Touro Law Review

No abstract provided.

Enforcement Provisions Of The Civil Rights Act Of 1866: A Legislative History In Light Of Runyon V. Mccrary, The Review Essay And Comments: Reconstructing Reconstruction, Robert J. Kaczorowski

Faculty Scholarship

The purpose of this Comment is to examine the history of the enactment and early enforcement of the Civil Rights Act of 1866 from the perspective of the remedies Congress sought to provide to meet the problems that necessitated the legislation. Its main foci are the statute's enforcement provisions and their early implementation, an aspect of the history of the statute that has not been fully considered in relation to section one, the provision that has received the most scholarly attention. The occasion of this study is the Supreme Court's reconsideration of Runyon v. McCrary' in Patterson v. McLean Credit …

Communities, Texts, And Law: Reflections On The Law And Literature Movement, Robin West

Georgetown Law Faculty Publications and Other Works

How do we form communities? How might we form better ones? What is the role of law in that process? In a recent series of books and articles, James Boyd White, arguably the modern law and literature movement's founder, has put forward distinctively literary answers to these questions. Perhaps because of the fluidity of the humanities, White's account of the nature of community is not nearly as axiomatic to the law and literature movement as is Posner's depiction of the "individual" to legal economists. Nevertheless, White's conception is increasingly representative of the literary-legalist's world view. Furthermore, with the exception of …

Pornography Is A Civil Rights Issue For Women, Andrea Dworkin

University of Michigan Journal of Law Reform

My name is Andrea Dworkin. I am a citizen of the United States, and in this country where I live, every year millions and millions of pictures are being made of women with our legs spread. We are called beaver, we are called pussy, our genitals are tied up, they are pasted, makeup is put on them to make them pop out of a page at a male viewer. Millions and millions of pictures are made of us in postures of submission and sexual access so that our vaginas are exposed for penetration, our anuses are exposed for penetration, our …

Will The Constitution Survive Into The Twenty-First Century - Some Reflections On The Bicentennial Of The United States Constitution, 21 J. Marshall L. Rev. 79 (1987), Michael P. Seng

UIC Law Review

No abstract provided.

The Elwood Case: Vindicating The Educational Rights Of The Disabled, A. Wayne Mackay

Articles, Book Chapters, & Popular Press

The guarantees of the Charter of Rights affect the definition of education for the disabled. The case of Elwood v. Halifax County - Bedford District School Board, a landmark case in educational rights of disabled children in Canada, has major implications for educational practice.

One of the earliest and most controversial Charter of Rights challenges to the existing educational structure has come from parents of disabled children. Disabled children and their parents are blazing a trail to define educational rights in Canada, and the process is giving some shape to the the elusive concept of equality enshrined in the …

In What Vision Of The Constitution Must The Law Be Color-Blind, 20 J. Marshall L. Rev. 201 (1986), Laurence H. Tribe

UIC Law Review

No abstract provided.

The 'Legalization' Of The Family: Toward A Policy Of Supportive Neutrality, David L. Chambers

Articles

The word "legalization" has conflicting meanings. One, intended to sound the theme of this conference, conveys the notion of government regulation permeating some area of human activity. The other-as found, for example, in the phrase "the legalization of marijuana"-is a near opposite: the process of making legal or permissible that which. was previously forbidden, taking government out of that which it had previously controlled. The recent history of government's relationship to the family amply displays both sorts of legalization, both government's intrusion and its withdrawal, and reveals a paradoxical relation between the two-that as government frees people to live their …

Dimensions Of Tolerance: What Americans Believe About Civil Liberties, Michigan Law Review

Michigan Law Review

A Review of Dimensions of Tolerance: What Americans Believe About Civil Liberties by Herbert McClosky and Alida Brill

Our Endangered Rights: The Aclu Report On Civil Liberties Today, Michigan Law Review

Michigan Law Review

A Review of Our Endangered Rights: The ACLU Report on Civil Liberties Today by Norman Dorsen

Self-Reliance And Coalition In An Age Of Reaction, Henry Mcgee

Faculty Articles

In this Foreward, Professor McGee comments on the continued vitality of the Black Law Journal. This vitality shows that the plight of racial minorities will be continually addressed from a variety of intellectual perspectives.

The Sedition Of Free Speech, Lee C. Bollinger

Michigan Law Review

A Review of When Government Speaks: Politics, Law, and Government Expression in America by Mark G. Yudof

Illegitimacy: An Examination Of Bastardy, Michigan Law Review

Michigan Law Review

A Review of Illegitimacy: An Examination of Bastardy by Jenny Teichman

Social Enquiry Reports And Sentencing, Jenny M. Roberts, Colin Roberts

Scholarly Articles in Law Reviews & Journals

No abstract provided.

National Association For The Advancement Of Colored People V. Claiborne Hardware Company, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.

Apartheid In America: A Historical And Legal Analysis Of Contemporary Racial Segregation In The United States, Michigan Law Review

Michigan Law Review

A Review of Apartheid in America: A Historical and Legal Analysis of Contemporary Racial Segregation in the United States by James A. Kushner

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

Law Faculty Research Publications

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, …

Bakke: A Compelling Need To Discriminate, Theodore J. St. Antoine

Articles

Two of America's most cherished values collided head-on a few months ago, when the U.S. Supreme Court began to come to grips with the most significant civil rights suit since the school desegregation cases of 1954. Arrayed on one side is the principle of governmental "color-blindness," the appealing notion that the color of a person's skin should have nothing to do with the distribution of benefits or burdens by the state. Set against it is the goal of a truly integrated society, and the tragic realization that this objective cannot be achieved within the foreseeable future unless race and color …

Immunity Under 42 U.S.C. Section 1983, Ernest B. Fullwood

North Carolina Central Law Review

No abstract provided.

The Burden Of Brown On Blacks: History-Based Observations On A Landmark Decision, Derrick A. Bell Jr.

North Carolina Central Law Review

No abstract provided.

The Protection Of Respect And Human Rights: Freedom Of Choice And World Public Order, Myers Mcdougal, Harold Lasswell, Lung-Chu Chen

Articles & Chapters

No abstract provided.

Bail In Missouri Revisited, Mark Berger

Faculty Works

During the early part of the 1960's, interest in the civil rights movement generated concern over the inequities of bail administration. In the latter part of the decade the same problems were revealed in major studies of the nation's criminal justice system. Contributions to the legal literature in this period, encompassing statistical and evaluative studies as well as academic analysis, helped to focus further attention on bail. Moreover, a major effort was undertaken by the United States Department of Justice to promote the sharing of bail program information and ideas. There are signs, however, that some of the earlier interest …

The Right Of Married Women To Assert Their Own Surnames, Roslyn Goodman Daum

University of Michigan Journal of Law Reform

This article, then, will attempt to frame the issues involved in the name change controversy and to suggest not only ways to implement reforms, but also the consequences attending these measures. Massachusetts has been chosen as the setting for an in-depth analysis of each problem, and examples of legislative, judicial, and administrative action in that state will be interspersed throughout. The results of the efforts in Massachusetts may be politically and legally instructive for people with similar interests in other jurisdictions.

Beyond The Eye Of The Beholder: Aesthetics And Objectivity, Michigan Law Review

Michigan Law Review

The term "aesthetic legislation," as used in this Note, refers only to legislation that bears upon the visual character of the physical environment, rather than to legislation on problems of noise and odor. The legal system has handled problems of the latter sort much better; only the sense of sight has been left unprotected. Perhaps one reason for its neglect is that in order to make an area visually pleasing positive programs, such as zoning, must be used, as well as passive prohibitions of such noxious uses as billboards. Noise and odor problems, which can be resolved by prohibitions alone, …

Segregation Of Poor And Minority Children Into Classes For The Mentally Retarded By The Use Of Iq Tests*, Michigan Law Review

Michigan Law Review

This Comment deals with the inadequacies of IQ tests as devices for identifying those children who are to be relegated to classes for the mentally retarded and with the constitutional ramifications of these inadequacies. The present use of standardized tests may violate due process and equal protection guarantees. Additionally, certain procedural due process requirements, heretofore ignored in this context, may apply to the placement process.

Constitutional Approaches To Metropolitan Planning, John W. Ragsdale Jr

Faculty Works

No abstract provided.