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Articles 121 - 150 of 159

Full-Text Articles in Civil Rights and Discrimination

From Freeman To Brown And Back Again: Principle, Pragmatism, And Proximate Cause In The School Desegregation Decisions, David Crump Oct 1993

From Freeman To Brown And Back Again: Principle, Pragmatism, And Proximate Cause In The School Desegregation Decisions, David Crump

Washington Law Review

A court deciding a constitutional case should announce a clear principle, one that the people can easily understand and follow. At the same time, such a decision should be pragmatic, in that it should effectively accomplish its goals while treating all affected persons fairly. The simultaneous fulfillment of these two criteria, however, can sometimes be extraordinarily difficult. In this article, Professor Crump considers how well the school desegregation remedies ordered by the Supreme Court fit the tests of principle and pragmatism. He concludes that the early decisions, as well as many of the later ones, do not achieve both goals, …

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Statutory Misinterpretations: A Legal Autopsy, Eric Schnapper Jan 1993

Statutory Misinterpretations: A Legal Autopsy, Eric Schnapper

Articles

If the Supreme Court is willing to learn from past mistakes, the Court would find it particularly instructive to re-examine the now quite numerous civil rights decisions which have failed to survive congressional scrutiny. The United States Reports are today littered with the corpses of short-lived opinions purporting to interpret federal anti-discrimination statutes; most were dead on arrival in the bound volumes. October Term 1988 was a veritable Pickett's Charge of conservative misinterpretation. Patterson v. McLean Credit Union briefly displaced and destroyed much of section 1981; Public Employees Retirement System v. Betts temporarily overran parts of the Age Discrimination in …

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Protecting Individuals From Sex Discrimination: Compensatory Relief Under Title Ix Of The Education Amendments Of 1972, Pamela W. Kernie Jan 1992

Protecting Individuals From Sex Discrimination: Compensatory Relief Under Title Ix Of The Education Amendments Of 1972, Pamela W. Kernie

Washington Law Review

Title IX of the Education Amendments of 1972 prohibits sex discrimination by educational institutions that receive federal financial assistance. While federal courts agree that the purpose of Title IX is to protect individuals from sex discrimination, they are divided on the issue of whether compensatory damages are an available remedy to Title IX plaintiffs. This Comment discusses the limitations inherent in the enforcement of Title IX in the absence of a damages remedy and urges the Supreme Court to hold that damages are an available remedy.

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Civil Rights: A Call For Qualified Legislative Immunity For City Council Members Under 442 U.S.C. § 1983, Kevin R. Cole Jan 1991

Civil Rights: A Call For Qualified Legislative Immunity For City Council Members Under 442 U.S.C. § 1983, Kevin R. Cole

Washington Law Review

If a city council member engages in legislative conduct that violates a person's clearly established, federally protected rights, should the council member ever be personally liable for civil damages under 42 U.S.C. § 1983? By the end of the 1980s, eight circuit courts of appeals found that absolute legislative immunity prevented local legislators from being held personally liable for their legislative acts. This majority position is misguided. Legal analysis and public policy support qualified, rather than absolute, legislative immunity for city council members in section 1983 cases. Under a rule of qualified legislative immunity, the council member would be liable …

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Indirect Discrimination Under Title Vii: Expanding Male Standing To Sue For Injuries Received As A Result Of Employer Discrimination Against Females, N. Morrison Torrrey Apr 1989

Indirect Discrimination Under Title Vii: Expanding Male Standing To Sue For Injuries Received As A Result Of Employer Discrimination Against Females, N. Morrison Torrrey

Washington Law Review

Historically, both men and women have had the right to seek redress under Title VII of the Civil Rights Act of 1964 for injuries they have received as a result of sex discrimination. In recent years, the federal circuits have split on whether to give men standing in one particular category of such cases: employment discrimination cases where, although both men and women have been injured, the discrimination has been targeted only at women. The author analyzes the recent male standing cases in the context of basic standing principles and their past application to other types of Title VII plaintiffs. …

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Aids Discrimination By Medical Care Providers: Is Washington Law An Adequate Remedy?, Joseph Reiner Jul 1988

Aids Discrimination By Medical Care Providers: Is Washington Law An Adequate Remedy?, Joseph Reiner

Washington Law Review

Discrimination against AIDS patients by medical care providers violates antidiscrimination law. In evaluating legal tools to enforce fair AIDS care, this Comment focuses primarily on the federal Rehabilitation Act of 1973, and Washington's recently amended antidiscrimination and public health law. Discriminatory acts are difficult to defend under these laws. Nonetheless, existing law is inadequate for combating AIDS discrimination because the law is underused by AIDS patients and vague. This Comment recommends expressly banning the common forms of medical care discrimination, and requiring heightened human immunodeficiency virus ("HIV") testing standards, as important steps towards creating effective AIDS antidiscrimination law.

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Aids Discrimination By Medical Care Providers: Is Washington Law An Adequate Remedy?, Joseph Reiner Jul 1988

Aids Discrimination By Medical Care Providers: Is Washington Law An Adequate Remedy?, Joseph Reiner

Washington Law Review

Discrimination against AIDS patients by medical care providers violates antidiscrimination law. In evaluating legal tools to enforce fair AIDS care, this Comment focuses primarily on the federal Rehabilitation Act of 1973, and Washington's recently amended antidiscrimination and public health law. Discriminatory acts are difficult to defend under these laws. Nonetheless, existing law is inadequate for combating AIDS discrimination because the law is underused by AIDS patients and vague. This Comment recommends expressly banning the common forms of medical care discrimination, and requiring heightened human immunodeficiency virus ("HIV") testing standards, as important steps towards creating effective AIDS antidiscrimination law.

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Bootstrapping A Malice Requirement Into Adea Liquidated Damage Awards—Dreyer V. Arco Chemical, 801 F.2d 651 (3d Cir. 1986), Cert. Denied, 55 U.S.L.W. 3586 (U. S. Mar. 2, 1987) (No. 86-1062), Rebecca Marshall Jul 1987

Bootstrapping A Malice Requirement Into Adea Liquidated Damage Awards—Dreyer V. Arco Chemical, 801 F.2d 651 (3d Cir. 1986), Cert. Denied, 55 U.S.L.W. 3586 (U. S. Mar. 2, 1987) (No. 86-1062), Rebecca Marshall

Washington Law Review

In Dreyer v. ARCO Chemical, the Third Circuit announced a standard for double damage awards under the Age Discrimination in Employment Act (ADEA) that departs radically from the standard the Supreme Court deemed acceptable in Trans World Airlines v. Thurston. The ADEA protects employees over forty from discrimination on the basis of age. In order to enforce the Act, Congress created a two-tier remedy scheme: one, equitable and legal remedies to reimburse discrimination victims; and two, liquidated damages (hereinafter "double damages") to punish and deter employers from committing "willful" violations. Although the Third Circuit correctly identified a possible internal inconsistency …

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Washington's Retreat From Civil Rights Enforcement—Meyer V. University Of Washington, 105 Wn. 2d 847, 719 P.2d 98 (1986), Jack Warner Widell Apr 1987

Washington's Retreat From Civil Rights Enforcement—Meyer V. University Of Washington, 105 Wn. 2d 847, 719 P.2d 98 (1986), Jack Warner Widell

Washington Law Review

Congress passed the Civil Rights Attorneys' Fees Awards Act of 1976 (the Fees Act) to provide fees sufficient to attract competent counsel for civil rights plaintiffs, and thereby to promote private enforcement of civil rights laws. Ten years later, in Meyer v. University of Washington, the Washington Supreme Court transformed the Fees Act into a shield for civil rights violators which will deter bona fide civil rights claims. This Note reviews the history of the Fees Act, critiques the Meyer court's analysis of the Act, and proposes alternate methods of evaluating claims of prevailing defendants. The Meyer court misinterpreted the …

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Politics And Principles: An Assessment Of The Roosevelt Record On Civil Rights And Liberties, Peter Irons Nov 1984

Politics And Principles: An Assessment Of The Roosevelt Record On Civil Rights And Liberties, Peter Irons

Washington Law Review

The central focus of this article is on the role played in these episodes by the U.S. Department of Justice, the primary federal agency entrusted with law enforcement duties and powers. In particular, the role of the attorney general as the department's titular head and as the personification of federal enforcement of civil rights and liberties provides this article with its analytic framework. A recent press commentary put this crucial cabinet post in perspective: "More than anyone but the President himself, it is the Attorney General who sets the moral tone of an Administration, symbolizing its commitment or lack of …

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Perpetuation Of Past Discrimination, Eric Schnapper Jan 1983

Perpetuation Of Past Discrimination, Eric Schnapper

Articles

Part I of this Article offers several justifications for providing remedies for present harms that are caused by past acts of discrimination. Part II describes the different ways in which past discrimination can cause a present injury, and suggests for each way the appropriate legal standard for deciding when there is a present constitutional violation. Part III discusses the problems likely to arise in administering the suggested standards, and concludes that these problems are not inherently different from those involved in ordinary discrimination cases.

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In Quest Of Brown's Promise: Social Research And Social Values In School Desegregation, Wallace D. Loh Dec 1982

In Quest Of Brown's Promise: Social Research And Social Values In School Desegregation, Wallace D. Loh

Washington Law Review

There is perhaps no better setting in which to discuss the role of social research in the courts than that of school desegregation. From its early, rural, southern beginnings in Brown to its present, urban, northern manifestation in the Detroit case of Milliken v. Bradley, empirical evidence has been used in the litigation. In 1954, the Supreme Court declared that "[s]eparate educational facilities are inherently unequal" and ruled that the separate-but-equal doctrine of Plessy v. Ferguson—which for half a century had legitimated Jim Crow legislation—had "no place" in the public schools. Eleanor Wolf, Professor of Sociology at Wayne State University, …

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Two Categories Of Discriminatory Intent, Eric Schnapper Jan 1982

Two Categories Of Discriminatory Intent, Eric Schnapper

Articles

This Article suggests that the Court's current confusion derives in part from its failure to distinguish between two categories of discriminatory intent, which may be termed goal discrimination and means discrimination. Goal discrimination involves the invidious consideration of race in the selection of the objective which a government policy seeks to achieve. Means discrimination occurs when there is an invidious consideration of race in selecting or weighing the method to be used in achieving that objective. Both forms of discrimination fall within the equal protection clause's prohibition against discriminatory government action, but they involve different circumstances and thus must be …

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United Steelworkers Of America V. Weber: An Exercise In Understandable Indecision, George Schatzki Dec 1980

United Steelworkers Of America V. Weber: An Exercise In Understandable Indecision, George Schatzki

Washington Law Review

It is well known to those involved in the world of employment-discrimination law that in 1974 the United Steelworkers of America and Kaiser Aluminum & Chemical Corporation entered into a collective-bargaining agreement which provided for a new on-the-job training program designed solely to correct the virtually total absence of blacks in Kaiser's craft workforce. Fifty percent of the trainees were to be black. Brian Weber, a white production worker who failed to obtain a position in the program, instituted a class action suit alleging that the affirmative action plan discriminated against him and his white colleagues in violation of Title …

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United Steelworkers Of America V. Weber: An Exercise In Understandable Indecision, George Schatzki Dec 1980

United Steelworkers Of America V. Weber: An Exercise In Understandable Indecision, George Schatzki

Washington Law Review

It is well known to those involved in the world of employment-discrimination law that in 1974 the United Steelworkers of America and Kaiser Aluminum & Chemical Corporation entered into a collective-bargaining agreement which provided for a new on-the-job training program designed solely to correct the virtually total absence of blacks in Kaiser's craft workforce. Fifty percent of the trainees were to be black. Brian Weber, a white production worker who failed to obtain a position in the program, instituted a class action suit alleging that the affirmative action plan discriminated against him and his white colleagues in violation of Title …

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Constitutional Law—Sex Discrimination Under The Equal Rights Amendment—Marchioro V. Chaney, 90 Wn. 2d 298, 582 P.2d 487 (1978), Prob. Juris. Noted, 99 S. Ct. 718 (1979), Irene Hecht Jun 1979

Constitutional Law—Sex Discrimination Under The Equal Rights Amendment—Marchioro V. Chaney, 90 Wn. 2d 298, 582 P.2d 487 (1978), Prob. Juris. Noted, 99 S. Ct. 718 (1979), Irene Hecht

Washington Law Review

Two of several statutes governing the composition and organization of the major political parties in Washington, R.C.W. § 29.42.020 and R.C.W. § 29.42.030, require that certain pairs of party representatives consist of one man and one woman. Following an intraparty dispute various interested persons filed suit, challenging, inter alia, the constitutionality of R.C.W. §§ 29.42.020-.030 under Washington's Equal Rights Amendment (ERA). The trial court granted the plaintiffs summary judgment on this claim. In a five to four decision the Washington Supreme Court reversed, upholding the constitutionality of both statutes under the ERA because they did not discriminate on the basis …

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Beyond Bakke—The Use Of Noncognitive Factors In Professional School Admissions Decisionmaking, Catherine Wright Smith Mar 1979

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 …

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Civil Rights Litigation After Monell, Eric Schnapper Jan 1979

Civil Rights Litigation After Monell, Eric Schnapper

Articles

This Article identifies the most important issues which must be dealt with after Monell v, Department of Social Services, 436 U.S. 658 (1978), and attempts to resolve them. Section I considers what rules and practices are "official acts, policies and customs" subjecting a government to suit under Monell. The second section analyzes the possible defenses available to a city; it concludes that the good faith immunity afforded to executive officials should not be extended to government entities, but that such entities should be afforded a somewhat narrower defense. Section III discusses the scope of injunctive relief available in …

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Bradwell V. State: Some Reflections Prompted By Myra Bradwell's Hard Case That Made "Bad Law", Charles E. Corker Feb 1978

Bradwell V. State: Some Reflections Prompted By Myra Bradwell's Hard Case That Made "Bad Law", Charles E. Corker

Washington Law Review

Bradwell and Slaughter-House deserve study together for a second reason. These two decisions provide useful lessons for our time about the Equal Rights Amendment (ERA).10 They demonstrate that the consequences of a constitutional amendment—particularly one written in abstract and grand terms like the fourteenth amendment or the ERA—are unpredictable and dependent upon imponderables such as the sequence of cases on the Court's calendar.

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Title Vii: Legal Protection Against Sexual Harassment, Kerri Weisel Dec 1977

Title Vii: Legal Protection Against Sexual Harassment, Kerri Weisel

Washington Law Review

This comment will focus on the three major themes raised by these decisions: (1) whether sexual harassment is or can be gender-based; (2) whether or not the supervisor must be treated as the representative of the employer; and (3) whether recognition of a Title VII cause of action will inundate the courts with unfounded claims of harassment. After exploring the approaches and analyses of the various courts, the comment concludes that sexual harassment can constitute a violation of Title VII's prohibition against sex discrimination; and that whether it does or not is basically a question of fact.

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The Paradox Of Preferential Treatment—Reverse Discrimination—The Implications Of Lindsay V. City Of Seattle, 86 Wn. 2d 698, 548 P.2d 320, Cert. Denied Sub Nom. Brabant V. City Of Seattle, 97 S. Ct. 237 (1976), Kerry Radcliffe Dec 1977

The Paradox Of Preferential Treatment—Reverse Discrimination—The Implications Of Lindsay V. City Of Seattle, 86 Wn. 2d 698, 548 P.2d 320, Cert. Denied Sub Nom. Brabant V. City Of Seattle, 97 S. Ct. 237 (1976), Kerry Radcliffe

Washington Law Review

In upholding a municipal affirmative action plan, Lindsay provides a point of departure for an analysis of the reverse discrimination questions inherent in such plans. Following a brief history of the development of preferential employment remedies and an examination of the Lindsay decision, this note will evaluate preferential relief and reverse discrimination within the framework of Lindsay, Title VII of the Civil Rights Act of 1964, and recent court decisions. Applicability of the Lindsay methodology to future reverse discrimination cases will be examined in light of apparent Supreme Court approval of a reverse discrimination cause of action under Title VII. …

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Civil Rights—The Supreme Court's Terrible Swift Sword: The Civil Rights Act Of 1866 And The Reconstruction Of Private Schools—Runyon V. Mccrary, 427 U.S. 160 (1976), Gerald Bresslour Oct 1977

Civil Rights—The Supreme Court's Terrible Swift Sword: The Civil Rights Act Of 1866 And The Reconstruction Of Private Schools—Runyon V. Mccrary, 427 U.S. 160 (1976), Gerald Bresslour

Washington Law Review

Plaintiffs, black children, were denied admission to defendants' private schools solely on the basis of race. The children's parents had made applications for admission in response to brochures mailed to "resident" and advertisements directed to the general public. Alleging that defendants had violated 42 U.S.C. § 1981 by denying plaintiffs the same right to enter into contracts that was enjoyed by white applicants, plaintiffs filed a class action suit in federal district court. The district court enjoined defendants and intervenor Southern Independent School Association from further racial discrimination in their admission practices. A divided Court of Appeals for the Fourth …

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The Realities Of Prisoners' Cases Under 42 U.S.C. § 1983: A Statistical Survey In The Northern District Of Illinois, William S. Bailey Jan 1975

The Realities Of Prisoners' Cases Under 42 U.S.C. § 1983: A Statistical Survey In The Northern District Of Illinois, William S. Bailey

Articles

The purpose of this article is to examine how prisoner section 1983 claims are treated, on a day to day basis, in the United States District Court for the Northern District of Illinois. To this end, all of the available prisoner section 1983 cases filed in the Northern District of Illinois Eastern Division in the years 1971 and 1973 have been reviewed. This material provides the data base for an analysis of the following issues: the veracity of the burden on the courts argument; the variations in the level of consideration given to different categories of prisoner section 1983 claims; …

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Reply Brief, National Association For The Advancement Of Colored People V. New York, 409 U.S. 978 (1972) (No. 72-129), 1973 Wl 171685, Jack Greenberg, James M. Nabrit Iii, Eric Schnapper, Nathaniel R. Jones, Wiley Branton Feb 1973

Reply Brief, National Association For The Advancement Of Colored People V. New York, 409 U.S. 978 (1972) (No. 72-129), 1973 Wl 171685, Jack Greenberg, James M. Nabrit Iii, Eric Schnapper, Nathaniel R. Jones, Wiley Branton

Court Briefs

No abstract provided.

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Federal Jurisdiction—Civil Rights: A Federal Remedy Against Private Class Discrimination Under 42 U.S.C. § 1985(3) (1970)—Griffin V. Breckenridge, 403 U.S. 88 (1971), Anon Mar 1972

Federal Jurisdiction—Civil Rights: A Federal Remedy Against Private Class Discrimination Under 42 U.S.C. § 1985(3) (1970)—Griffin V. Breckenridge, 403 U.S. 88 (1971), Anon

Washington Law Review

Plaintiffs, black citizens of Mississippi, sued in federal court under 42 U.S.C. § 1985(3) alleging that defendants, white citizens of Mississippi, had conspired to deprive them of the equal protection of the laws and equal privileges and immunities under the law. Plaintiffs' claim arose out of an incident during which defendants, under the mistaken belief that a person in the company of plaintiffs was a civil rights worker, stopped plaintiffs' car on a public highway, forced them from the car and physically assaulted them. The district court dismissed the suit on the ground that section 1985(3) reached only conspiracies under …

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Remedies For Racial Discrimination In Employment: A Comparative Evaluation Of Forums, Cornelius J. Peck May 1971

Remedies For Racial Discrimination In Employment: A Comparative Evaluation Of Forums, Cornelius J. Peck

Washington Law Review

Enactment of Title VII of the Civil Rights Act of 1964, with a provision for the awarding of attorneys' fees, opened new opportunities for attorneys in private practice to represent victims of employment discrimination. Within recent years the Act has been predominate in litigation involving racial discriminaton in employment, but imaginative attorneys appealing to innovative courts have used other statutory and common law sources for fashioning relief. The 1866 Civil Rights Act, by analogy to its recent application to discriminatory housing practices, offers an important remedy against racial discrimination to employees. It also promises a protection, not found in Title …

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Legal Restraints On Racial Discrimination In Employment, By Michael I. Sovern (1966), F. Ray Marshall Apr 1967

Legal Restraints On Racial Discrimination In Employment, By Michael I. Sovern (1966), F. Ray Marshall

Washington Law Review

No abstract provided.

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Legal Restraints On Racial Discrimination In Employment, By Michael I. Sovern (1966), F. Ray Marshall Apr 1967

Legal Restraints On Racial Discrimination In Employment, By Michael I. Sovern (1966), F. Ray Marshall

Washington Law Review

No abstract provided.

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Validity Of State Proposition Effectively Repealing Anti-Discrimination Laws, Anon Oct 1966

Validity Of State Proposition Effectively Repealing Anti-Discrimination Laws, Anon

Washington Law Review

The California Legislature did not attempt to prevent property owners from selecting buyers or tenants on the basis of racial considerations until 1959. Then, by enacting the Hawkins Act and the Unruh Civil Rights Act, the legislature chose to regulate racial discrimination in all business establishments including those involving the selling or renting of residential property and in all publicly assisted housing. Three years later, by enacting the Rumford Fair Housing Act, the legislature extended the regulation of discriminatory conduct to owners of most, but not all, residential property. Plaintiffs alleged that, contrary to the express provisions of the Unruh …

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State Public Accommodations Laws, Fundamental Liberties And Enforcement Programs, Wallace F. Caldwell Oct 1965

State Public Accommodations Laws, Fundamental Liberties And Enforcement Programs, Wallace F. Caldwell

Washington Law Review

This article purports to investigate state legislation which prohibits discrimination in public accommodations and some of the more important administrative efforts which have been undertaken to implement these statutes. More specifically, the article attempts to: (1) summarize legislation currently in effect which prohibits discrimination in public accommodations; (2) investigate litigation, which has contested public accommodations statutes in order to determine whether the statutes threaten wider and more fundamental liberties; and (3) review some of the main activities of anti-discrimination commissions—agencies which have undertaken to execute or apply public accommodation laws.

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