Civil Rights and Discrimination Commons^™

Limiting Disclosure Of Rape Victims' Identities, Paul Marcus, Tara L. Mcmahon

Faculty Publications

No abstract provided.

Affirmative Action In The Marketplace Of Ideas, Rodney A. Smolla

Faculty Publications

No abstract provided.

The Rhetoric Of Equality, Neal Devins

Faculty Publications

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.

After We're Gone: A Commentary, Michael A. Middleton

Faculty Publications

Professor Bell has placed before us a basic question that must be dealt with by all who wish to resolve the difficulties inherent in governing a free society. That question is one with which the framers of our Constitution grappled and that baffles us still. How does a society effectively govern itself and at the same time guarantee equal liberty for all? More specifically, in the racial context presented by The Chronicle of the Space Traders, when may government act for the benefit of society in a manner that is detrimental to some of its citizens because of their race?

Metro Broadcasting, Inc. V. Fcc: Requiem For A Heavyweight, Neal Devins

Faculty Publications

No abstract provided.

Challenging Discriminatory Guesswork: Does Impact Analysis Apply, Michael A. Middleton

Faculty Publications

This article initially examines the traditional theories of proof in Title VII cases. It then discusses approaches by lower courts in resolving the competing concerns raised in applying those traditional theories in challenges to subjective selection devices. This article next discusses the Supreme Court's resolution of the problem in Watson and suggests a workable alternative resolution that will not undermine the broad prophylactic purposes of Title VII.

Problematic Standards Of Reasonableness: Qualified Immunity In Section 1983 Actions For A Police Officer's Use Of Excessive Force, Kathryn R. Urbonya

Faculty Publications

No abstract provided.

Affirmative Action After Reagan, Neal Devins

Faculty Publications

No abstract provided.

A Radical Intent, Michael A. Simons

Faculty Publications

(Excerpt)

Much of the recent debate regarding constitutional interpretation has focused on the relevance of the Framers' intent. Attorney General Edwin Meese III has urged judges to "resurrect the original meaning of constitutional provisions." In contrast, Justice William Brennan has argued that courts should adapt the Constitution to "cope with current problems and current needs." A key disagreement involves whether the Bill of Rights protects citizens against state as well as federal government abuses. Some scholars have called for a rollback of Supreme Court decisions that incorporate provisions of the Bill of Rights in the fourteenth amendment, arguing that these …

Judicial Vigilantism: Inherent Judicial Authority To Appoint Contempt Prosecutors In Young V. United States Ex Rei Vuitton Et Fils S.A., Neal Devins, Steven J. Mulroy

Faculty Publications

No abstract provided.

Gender Justice And Its Critics, Neal Devins

Faculty Publications

No abstract provided.

Federalism, State Courts, And Section 1983, Gene R. Nichol

Faculty Publications

No abstract provided.

Securing Justice: A Response To William Bradford Reynolds, Michael A. Middleton

Faculty Publications

I doubt that William Bradford Reynolds would disagree that the self evident truths the Framers of the Declaration of Independence spoke about are as applicable today in the 1980's as they were over 200 years ago. I also doubt that Mr. Reynolds would disagree that despite the fact that black people were not considered human beings when the Constitution was framed, the fourteenth amendment to that great document was intended to bring them within the ambit of its protections. On these two basic propositions, I suspect, Mr. Reynolds and I would agree. Beyond that however, Mr. Reynolds advances a fundamentally …

Is Discrimination Against Jews "Race Discrimination?", Neal Devins

Faculty Publications

No abstract provided.

Can Public Housing Tenants, Alleging Civil Rights Violations, Enforce Federal Housing Law?, Douglas Bowman, Neal Devins

Faculty Publications

No abstract provided.

The Good, The Bad, And The Press, Paul A. Lebel

Faculty Publications

No abstract provided.

Defining Effective Civil Rights Enforcement In Education, Neal Devins

Faculty Publications

No abstract provided.

The Possible Final Word On Employment Discrimination Relief, Neal Devins

Faculty Publications

No abstract provided.

Righting Past Wrongs: When Affirmative Action May Be Reverse Discrimination, Neal Devins

Faculty Publications

No abstract provided.

The Trouble With Jaycees, Neal Devins

Faculty Publications

No abstract provided.

New Federalism In Education: The Meaning Of The Chicago School Desegregation, Neal Devins, James B. Stedman

Faculty Publications

No abstract provided.

Bob Jones University V. U.S.: A Political Analysis, Neal Devins

Faculty Publications

No abstract provided.

The 1982 Amendments To The Voting Rights Act: A Statutory Analysis Of The Revised Bailout Provisions, Richard A. Williamson

Faculty 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.

Integration And Local Politics, Neal Devins

Faculty Publications

No abstract provided.

Title Vi And The Intent/Impact Debate: A Critical Look At "Coextensiveness", Rosemary C. Salomone

Faculty Publications

(Excerpt)

Title VI of the Civil Rights Act of 1964 was enacted as part of a larger package of federal legislation aimed at redressing the wrongs of past discrimination and at preventing future transgressions against members of identified groups—most notably racial minorities. This title of the Act—prohibiting discrimination based upon race, color, or national origin in federally assisted programs or activities—has been relied upon by private individuals and administrative agencies to remedy discrimination in education, employment, housing, and more recently in health care and other municipal services. As a discrimination statute, Title VI draws its congressional enactment authority from section …

The Right Of Confrontation: Part I, Paul C. Giannelli

Faculty Publications

No abstract provided.