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Civil Rights and Discrimination Commons™
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Articles 391 - 420 of 423
Full-Text Articles in Civil Rights and Discrimination
The Bar Against Challenges To Employment Discrimination Consent Decrees: A Public Choice Perspective, John O. Mcginnis
The Bar Against Challenges To Employment Discrimination Consent Decrees: A Public Choice Perspective, John O. Mcginnis
Articles
No abstract provided.
The 1991 Supreme Court Term: Review And Outlook, John O. Mcginnis
The 1991 Supreme Court Term: Review And Outlook, John O. Mcginnis
Articles
The 1991 Supreme Court Term was the first during which justices originally appointed by Presidents Ronald Reagan and George Bush-Sandra Day O'Connor, Antonin Scalia, Anthony Kennedy, David Souter, and Clarence Thomas-constituted a majority. The term's main surprise, however, was that this majority of five-indeed, a majority of six when Chief Justice William Rehnquist, elevated to that position by President Reagan precisely because of his judicial philosophy, is included-did not forge a consistent jurisprudential majority characterized by the strict interpretative approach favored by their sponsoring presidents. While, generally speaking, the Court's decisions certainly continued to represent a departure from the expansive …
John D. Appel, Robert S. Rifkind
A Curious Document Recently Discovered In The Archives, Peter Tillers
A Curious Document Recently Discovered In The Archives, Peter Tillers
Cardozo Law Review
The document reproduced below, which appears to be a letter written by Peter Pilgrim to "Lash, " was recently discovered in the archives of the library of the Benjamin N. Cardozo School of Law. Peter Pilgrim is the late Doctor of Facts at Cardozo. "Lash" is probably L.H. LaRue, Story Professor of Law at Washli University. Professor LaRue is also known as the Delphic Oracle of Lex, possibly because no one knows for sure what the letters "L.H." represent. The annotations to the text of the putative letter appear to be a mixture of notes by its author and comments …
Timeless Rules: Can Normative Closure And Legal Indeterminacy Be Reconciled?, Charles M. Yablon
Timeless Rules: Can Normative Closure And Legal Indeterminacy Be Reconciled?, Charles M. Yablon
Cardozo Law Review
No abstract provided.
The Violence Of Contamination And The Violence Of The Pure, Arkady Plotnitsky
The Violence Of Contamination And The Violence Of The Pure, Arkady Plotnitsky
Cardozo Law Review
No abstract provided.
The Blue Bus Stop: On Professors' Stories And The Stories Plantiffs Tell, James Brook
The Blue Bus Stop: On Professors' Stories And The Stories Plantiffs Tell, James Brook
Cardozo Law Review
No abstract provided.
Comment On Nesson, Joseph Gastwirth
The Maps Of Sovereignty: A Meditation, Perry Dane
The Maps Of Sovereignty: A Meditation, Perry Dane
Cardozo Law Review
No abstract provided.
Metro Broadcasting, Inc. V Fcc: Affirmative Action At The Crossroads Of Constitutional Liberty And Equality, Michel Rosenfeld
Metro Broadcasting, Inc. V Fcc: Affirmative Action At The Crossroads Of Constitutional Liberty And Equality, Michel Rosenfeld
Articles
The article examines the Supreme Court's inconsistent approach to affirmative action, particularly through the lens of *Metro Broadcasting, Inc. v. FCC*, which upheld the FCC's race-based policies to promote broadcast diversity. While the decision aligns with constitutional values of equality and free speech, the Court's opinions fail to coherently reconcile liberty and equality principles. The article argues for a more integrated framework to address the complexities of affirmative action jurisprudence and its intersection with First Amendment rights.
Family, Marriage, And The Same-Sex Couple, Lisa R. Zimmer
Family, Marriage, And The Same-Sex Couple, Lisa R. Zimmer
Cardozo Law Review
No abstract provided.
Deconstruction And The Impossibility Of Justice, Thomas Keenan
Deconstruction And The Impossibility Of Justice, Thomas Keenan
Cardozo Law Review
No abstract provided.
Awarding Expert Witness Fees In Civil Rights Actions, Bebe Novich
Awarding Expert Witness Fees In Civil Rights Actions, Bebe Novich
Cardozo Law Review
No abstract provided.
Retroactive Reimbursement: The Standard Of Review For A Parent’S Unilateral Placement Under The Education For All Handicapped Children Act, Julie Price Passman
Retroactive Reimbursement: The Standard Of Review For A Parent’S Unilateral Placement Under The Education For All Handicapped Children Act, Julie Price Passman
Cardozo Law Review
No abstract provided.
Inventing Judicial Review: Israel And America, Robert A. Burt
Inventing Judicial Review: Israel And America, Robert A. Burt
Cardozo Law Review
No abstract provided.
Decoding Richmond: Affirmative Action And The Elusive Meaning Of Constitutional Equality, Michel Rosenfeld
Decoding Richmond: Affirmative Action And The Elusive Meaning Of Constitutional Equality, Michel Rosenfeld
Articles
The article critiques the Supreme Court's inconsistent approach to affirmative action, particularly its adoption of the strict scrutiny test in *City of Richmond v. J.A. Croson Co.*, which has led to confusion and conflict in equal protection jurisprudence. The author argues that the strict scrutiny test is an inadequate framework for addressing affirmative action cases, advocating instead for a substantive equality approach centered on the principle of equality of opportunity. This approach would better address the complexities of systemic discrimination and its multifaceted effects, as highlighted by Justice Marshall's ecological mode of interpretation in *Croson*. The article ultimately challenges the …
Future Disabilities Under New York’S Human Rights Law, Andrea Lisa Leeb
Future Disabilities Under New York’S Human Rights Law, Andrea Lisa Leeb
Cardozo Law Review
No abstract provided.
Section 1983 And The Due Process Clause: Crossing The Constitutional Line, Linda G. Gay
Section 1983 And The Due Process Clause: Crossing The Constitutional Line, Linda G. Gay
Cardozo Law Review
No abstract provided.
No Film At 11: The Inadequacy Of Legal Protection And Relief For Sexually Harassed Broadcast Journalism, Anne P. Pomerantz
No Film At 11: The Inadequacy Of Legal Protection And Relief For Sexually Harassed Broadcast Journalism, Anne P. Pomerantz
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Robert H. Bork's Civil Rights Record, Gary B. Born
Robert H. Bork's Civil Rights Record, Gary B. Born
Cardozo 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.
Confronting Racism By Law In Israel - Promises And Pitfalls, Amos Shapira
Confronting Racism By Law In Israel - Promises And Pitfalls, Amos Shapira
Cardozo Law Review
No abstract provided.
Freedom Of Speech And Racism, David Kretzmer
Evaluation Of Subjective Selection Systems In Title Vii Employment Discrimination Cases: A Misuse Of Disparate Impact Analysis, Stacey B. Babson
Evaluation Of Subjective Selection Systems In Title Vii Employment Discrimination Cases: A Misuse Of Disparate Impact Analysis, Stacey B. Babson
Cardozo Law Review
No abstract provided.
Federal Rule Of Civil Procedure 68: "Settling" The Differences In The Proposed Amendments To The Offer Of Settlement Rule, Nelson Perel
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.
Proof Of Injury And Damages In Non-Standardized Product Price-Fixing Class Actions, Nancy R. Heller
Proof Of Injury And Damages In Non-Standardized Product Price-Fixing Class Actions, Nancy R. Heller
Cardozo Law Review
No abstract provided.
Attorney's Fees In Title Vii Actions: Applying The Christiansburg Standard For Awards Against The Eeoc, Susan Jameson
Attorney's Fees In Title Vii Actions: Applying The Christiansburg Standard For Awards Against The Eeoc, Susan Jameson
Cardozo Law Review
No abstract provided.
Government Liability For Unconstitutional Land Use Regulation, Stewart E. Sterk
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.
Proving Title Vii Sex-Based Wage Discrimination After County Of Washington V. Gunther, Muriel Joyce Reynard
Proving Title Vii Sex-Based Wage Discrimination After County Of Washington V. Gunther, Muriel Joyce Reynard
Cardozo Law Review
No abstract provided.
The Present Status Of The Intracorporate Conspiracy Doctrine, Milton Handler, Thomas A. Smart
The Present Status Of The Intracorporate Conspiracy Doctrine, Milton Handler, Thomas A. Smart
Cardozo Law Review
No abstract provided.