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Articles 181 - 207 of 207
Full-Text Articles in Civil Rights and Discrimination
Title Ix And Employment Discrimination: North Haven Board Of Education V. Bell, Claire G. Cardwell
Title Ix And Employment Discrimination: North Haven Board Of Education V. Bell, Claire G. Cardwell
University of Richmond Law Review
In 1972, Congress enacted Title IX of the Education Amendments in response to widespread sex discrimination by educational institutions. The goal of the statute was to prevent the use of federal funds to support discriminatory practices by institutions of higher education. In 1975, the Department of Health, Education and Welfare (HEW) issued regulations pursuant to sections 901 and 902 of Title IX. These regulations were specifically directed at the employment practices of federally funded education programs.
Damages In Age Discrimination Cases - The Need For A Closer Look, Lavinia A. James
Damages In Age Discrimination Cases - The Need For A Closer Look, Lavinia A. James
University of Richmond Law Review
Prior to 1967, older workers throughout the country were virtually unprotected from discrimination in their employment based on age. In the 1960's Congress first attempted to combat such discrimination against the elderly; however, none of the enacted statutes had an express prohibition on age discrimination.
Broadening Access To The Courts And Clarifying Judicial Standards: Sex Discrimination Cases In The 1978-1979 Supreme Court Term, Janice M. Hamilton, Janine S. Hiller, Joyce Ann Naumann, Barbara H. Vann
Broadening Access To The Courts And Clarifying Judicial Standards: Sex Discrimination Cases In The 1978-1979 Supreme Court Term, Janice M. Hamilton, Janine S. Hiller, Joyce Ann Naumann, Barbara H. Vann
University of Richmond Law Review
During the 1978-79 Term of the Supreme Court, sex discrimination continued to be an area of active judicial concern, with the Court deciding eight cases alleging unlawful sex discrimination. The purpose of this note is to present the Court's holdings and its rationale in these decisions, to analyze the significance of the decisions in view of the Court's past rulings, and to suggest possible implications for future sex discrimination cases.
Some Post-Bakke-And-Weber Reflections On "Reverse Discrimination", Henry J. Abraham
Some Post-Bakke-And-Weber Reflections On "Reverse Discrimination", Henry J. Abraham
University of Richmond Law Review
So much has been said, written, and emoted concerning the subject of "reverse discrimination" that it represents a veritably frustrating experience to endeavor to come to grips with it in a nonredundant, non-banal, non-breast-beating manner. The difficulty is compounded by the all-too pervasive substitution of passion for reason on the wrenching issue-one that, admittedly, invites passion. Indeed, passion informed not an insignificant number of the record filings of the 120 briefs amicii curiae in the first central "reverse discrimination" case of Regents of the University of California v. Bakke, in which oral argument was presented to the Supreme Court of …
Minimum Competency Testing: Education Or Discrimination?, Mary G. Commander
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 …
Children's Rights: A Movement In Search Of Meaning, Stephen W. Bricker
Children's Rights: A Movement In Search Of Meaning, Stephen W. Bricker
University of Richmond Law Review
The children's rights movement is a unique phenomenon among the various "rights" efforts today. Nonetheless, it shares some superficial similarities with the other antildiscrimination movements. Children's rights, like those of blacks and women, concern the role of an identifiable segment of our society which has traditionally been placed at a legal and social disadvantage. The children's rights movement also espouses the reallocation of legal power as a means to correct this perceived imbalance. Further, it grew out of the same social currents, first apparent in the 1950's and 1960's, which produced the kindred civil rights efforts.
The Repudiation Of Plato: A Lawyer's Guide To The Educational Rights Of Handicapped Children, Robert E. Shepherd Jr.
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 …
Miranda V. Arizona: The Emerging Pattern, Evelyn G. Skaltsounis
Miranda V. Arizona: The Emerging Pattern, Evelyn G. Skaltsounis
University of Richmond Law Review
In Miranda v. Arizona, the United States Supreme Court set forth a series of specific guidelines to determine the admissibility at trial of statements elicited during police interrogation of a criminal suspect. Since 1971, the Burger Court has whittled away at the mandates of Miranda. It is possible that one major factor underlies this erosion process: the very frustrating reality that, in many situations, an obviously guilty party is allowed to go free because "the constable has blundered."
A Technical Look At The Eighty Per Cent Rule As Applied To Employee Selection Procedures, Jacob Van Bowen Jr., C. Allen Riggins
A Technical Look At The Eighty Per Cent Rule As Applied To Employee Selection Procedures, Jacob Van Bowen Jr., C. Allen Riggins
University of Richmond Law Review
In litigation under Title VII of the Civil Rights Act of 1964, statistical data has been referred to as "the only game in town." This characterization only slightly overstates the importance of statistical data to prove or rebut a case of employment discrimination. In the first decade of Title VII litigation, statistical analysis in the courts was relatively uncomplicated, sometimes involving a mere recital of percentage differences or lack thereof between minority and majority classes. In recent years, however, courts and Title VII litigants have begun to take a more sophisticated view of the use of statistics in Title VII …
Private Discrimination Actions Filed In Federal Court: Nonsubstantive Matters Affecting Liability And Relief, Gary J. Spahn, David E. Boone
Private Discrimination Actions Filed In Federal Court: Nonsubstantive Matters Affecting Liability And Relief, Gary J. Spahn, David E. Boone
University of Richmond Law Review
Confusion regarding who may be held liable and what relief may be sought is evident in the inconsistent and conflicting decisions of the federal courts in private actions which charge unlawful discrimination under color of state law. The cause of the confusion has little to do with whether in fact the plaintiff has been the victim of discrimination but may be attributed to the piecemeal development of what may be termed nonsubstantive matters which nevertheless substantially affect the issues of liability and relief.
Critique: A Plaintiff's View, Henry L. Marsh Iii
Critique: A Plaintiff's View, Henry L. Marsh Iii
University of Richmond Law Review
No greater challenge confronts persons seeking to enjoy America's promise of "equality and justice for all" than that of enforcing the clear congressional mandate that all forms of discrimination based on race, religion, nationality and sex be eliminated. It follows then that the continued existence of such discrimination constitutes a great danger to the moral and economic well-being of our nation.
Critique: A Defendant's View, Robert H. Patterson Jr., J. Robert Brame Iii
Critique: A Defendant's View, Robert H. Patterson Jr., J. Robert Brame Iii
University of Richmond Law Review
In ten years, employers have become subject to an imposing body of law regulating employment practices. This law has created two immense problems for the employer. First, enforcement of these laws is frequently capricious, arbitrary and unfair. Second, recent decisions strip the employer of his most reliable methods for selecting skilled, productive workers and threaten the efficiency of American industry.
Civil Rights-Standards For Equitable Relief After A Finding Of Employment Discrimination Are Based On Aims Of Title Vii
University of Richmond Law Review
Title VII of the Civil Rights Act of 1964 grants the federal courts jurisdiction in employment discrimination matters and sanctions orders of affirmative relief where equitable. This relief, usually in the form of back pay and injunctions, may be awarded upon a finding of intentional, discriminatory labor practices. Being equitable remedies, however, the courts have given numerous and conflicting interpretations as to when such affirmative relief should be awarded or denied. The prior history of Albemarle Paper Co. v. Moody typifies the inconsistencies in this area. The case was a class action under Title VII by former and present employees …
Title Vii And 42 U.S.C. § 1981: Two Independent Solutions
Title Vii And 42 U.S.C. § 1981: Two Independent Solutions
University of Richmond Law Review
Two major vehicles for redressing private racial discrimination are Title VII and 42 U.S.C. § 1981. In 1968 the Supreme Court, in Jones v. Alfred H. Mayer Co., ruled that section 1 of the Civil Rights Act of 18662 applied to private acts of discrimination. The plaintiff in Jones sought relief against a private real estate company under 42 U.S.C. § 1982. The Court found that the substance of sections 1981 and 1982 was to be found in its predecessor, section 1 of the Civil Rights Act of 1866, which was intended "to prohibit all racially motivated deprivations of the …
Civil Rights-Sex Discrimination-Employer's Denial Of Disability Benefits Held To Violate Title Vii Of The 1964 Civil Rights Act
University of Richmond Law Review
Prior to 1971 women found little relief in the courts for claims of sex discrimination. The Supreme Court upheld almost all legislation designed for the "protection" of women, predicated on their virtue, their health, or the "well being of [their] race." The first major legislative prohibition of sex discrimination, outside of judicial interpretation of the equal protec- tion clause, is found in Title VII of the 1964 Civil Rights Act. It seems ironic that a provision on sex discrimination, today a frequently litigated issue, was amended to Title VII almost as an afterthought.
Constitutional Law-Civil Rights-Standard For Relief In Racial Discrimination Cases Requires A Showing Of Discriminatory Intent, T. Keith Fogg
Constitutional Law-Civil Rights-Standard For Relief In Racial Discrimination Cases Requires A Showing Of Discriminatory Intent, T. Keith Fogg
University of Richmond Law Review
When Congress passed Title VII of the Civil Rights Act of 1964, it did not extend the coverage of the Act to public employers. Consequently, the Griggs v. Duke Power Co. decision in 1971 created the anomalous situation that private employers were held to a tougher standard of scrutiny with respect to racial considerations in their hiring procedures under Title VII than were public employers under the Constitution. This curious development in the relationship between public employment and Title VII caused many courts to alter their standards for equal protection violations in the early 1970's. In the realm of public …
Constitutional Law- Civil Rights- Private Schools Prohibited From Excluding Qualified Children Solely Because They Are Black, Craig S. Cooley
Constitutional Law- Civil Rights- Private Schools Prohibited From Excluding Qualified Children Solely Because They Are Black, Craig S. Cooley
University of Richmond Law Review
All major school desegregation decisions through 1975 involved "public" schools, and were based on provisions of the fourteenth amendment. This constitutional remedy, however, requires the presence of "state action" before being triggered. Commencing with the Supreme Court's earliest public school desegregation decisions, and accelerating with the finding of affirmative duties of southern school districts to desegregate, private educational institutions following racially exclusionary admittance policies were founded. Such private discrimination generally has been considered to be beyond the scope of the fourteenth amendment. Moreover, parents that patronize such institutions have sought support in Supreme Court cases which confer constitutional protection upon …
Constitutional Law-Civil Rights-Absent State Involvement, Right Of Association Not Protected By 42 Usc § 1985(3)
University of Richmond Law Review
42 U.S.C. § 1985(3) was enacted' to curtail the Ku Klux Klan's terrorist activities in the South by prohibiting conspiracies to deprive any person "of the equal protection of the laws, or of equal privileges and immunities under the laws. . . ." From its inception, the major controversy has concerned whether the statute requires an element of state action. The first judicial statement construed the statute as reaching only conspiracies carried out under color of state law. Twenty years later, a unanimous Supreme Court found the statute to "fully encompass the conduct of private persons" attempting to deprive an …
Civil Rights-Corporate Directors Held Personally Liable For Intentional Racial Discrimination Despite Due Diligence To Know The Law
University of Richmond Law Review
In 1968, the Supreme Court resurrected section 1 of the Civil Rights Act of 1866 [now 42 U.S.C. §§ 19812 and 19823 (1970)] and held that section 1982 prohibits private as well as public racial discrimination in the sale or rental of property. The question of whether damages are recoverable for violations of section 1982 was then left undecided but was subsequently answered in the affirmative. A similar cause of action has been recognized under section 1981 to compensate for private racial discrimination in the formulation and enforcement of contracts. The issue presented in Tillman v. Wheaton-Haven Recreation Association was …
School Desegregation In Richmond: A Case History, Gary C. Leedes, James M. O'Fallon
School Desegregation In Richmond: A Case History, Gary C. Leedes, James M. O'Fallon
University of Richmond Law Review
The story of judicially administered school desegregation in Richmond is the story of Bradley v. School Board of the City of Richmond. It began modestly with a district court decree which granted the individual claims of ten named plaintiffs but denied injunctive relief to the class. Eleven years later it approached landmark status, with a district court decree directing consolidation of the Richmond schools with those of surrounding Henrico and Chesterfield counties. However, the landmark was not to be. The Fourth Circuit reversed the district court's decree, and an evenly divided Supreme Court affirmed by default. Richmond was left in …
Busing To Desegregate Schools: The Perspective From Congress, Hugh Scott
Busing To Desegregate Schools: The Perspective From Congress, Hugh Scott
University of Richmond Law Review
The controversy over transporting pupils to desegregate schools or "busing" as the issue popularly is known, is the narrowest and perhaps most limited aspect of school desegregation. Yet, it threatens to undo school desegregation completely unless the issue is re- solved in a way which will permit continued desegregation of schools accompanied by the understanding and support of the majority of people of all races.
Sex Discrimination In Employment: What Has Title Vii Accomplished For The Female?
Sex Discrimination In Employment: What Has Title Vii Accomplished For The Female?
University of Richmond Law Review
The legislative intent of Title VII of the 1964 Civil Rights Act was to eradicate all forms of discriminatory employment practices based upon race, religion, national origin or sex. While the initial success of accomplishing this goal fell short of what was expected, important strides in recent years have reversed earlier disappointments.
Civil Rights-No State Action Necessary To Prohibit Racial Discrimination By "Private" School
Civil Rights-No State Action Necessary To Prohibit Racial Discrimination By "Private" School
University of Richmond Law Review
Until recently, 42 U.S.C. §§ 1981 and 1982 were virtually useless as instruments with which to combat purely private racial discrimination. Certainly, one of the principal reasons behind this was the Supreme Court's decision in the Civil Rights Cases wherein the Court restrictively applied the thirteenth amendment, under which the Civil Rights Act of 1866 was enacted. However, in 1968, the Supreme Court ruled that the intention of Congress in enacting the Civil Rights Act of 1866 was to prohibit private racial discrimination as well as racial discrimination under color of law, and thereby vastly broadened the scope of the …
Narrowing The Scope Of The Bona Fide Occupational Qualification Exception-Sex Discrimination In Professional Baseball Runs Afoul Of The Law
University of Richmond Law Review
"Should a gentleman offer a lady a Tiparillo?" Such a question, popu- larized in a familiar advertisement only a few years ago, gives one keen insight into the stereotyped roles accepted for men and women during the past decade. In sharp relief today, women's liberation groups would have one believe that a man need not offer a woman anything; if she wants something, it is hers for the taking. Indeed, a recent national convention of hardcore feminists, echoing this aggressive attitude and citing that women compose fifty-three per cent of the nation's population, have warned that they intend to capture …
Civil Rights- Arrest Record As Basis For Job Denial Held Discriminatory
Civil Rights- Arrest Record As Basis For Job Denial Held Discriminatory
University of Richmond Law Review
Title VII of the Civil Rights Act of 1964 provides that it is an unlawful employment practice to discriminate in hiring because of an individual's race, color, religion, sex or national origin. The purpose of this title is to eliminate discrimination in the labor market so as to afford persons with the ability to perform work and earn their livings the opportunity to do so without penalty because of one of these factors.
Civil Rights Act And Professionally Developed Ability Tests
Civil Rights Act And Professionally Developed Ability Tests
University of Richmond Law Review
With the shift in America from a mercantile to a highly industrialized society, the right to use his labor and skill has become a person's most valuable asset. The common law did little to preserve this asset, since an employer had the absolute right to discharge his employee at will. While the fifth and fourteenth amendments to the Constitution provided some relief in federal and state discriminatory practices, they offered little hope for those deprived of employment opportunities by the discriminatory acts of private individuals.
Law And Sociology: Some Issues For The 70'S, Albert J. Reiss Jr.
Law And Sociology: Some Issues For The 70'S, Albert J. Reiss Jr.
University of Richmond Law Review
The relationship between sociology and the lawhas not been a very stable one. It has barely passed from the stage of flirtation to that of courtship, though the dependence of each upon the other seems obvious enough to some scholars in each discipline. The two communities have long seemed content to live in symbiotic rather than commensal relations. There are a number of reasons why it is difficult to consummate a stable marriage at this time, if not in the long run.