Civil Rights and Discrimination Commons^™

Revisiting The New Property After Twenty-Five Years, Paul R. Verkuil

William & Mary Law Review

No abstract provided.

Cooperative Surplus: The Efficiency Justification For Active Government, Charles H. Koch Jr.

William & Mary Law Review

No abstract provided.

Civil Action No. 84-3040 Defendant's Pre-Trial Reply Brief On Remedial Issues, United States District Court For The District Of Columbia

Ann B. Hopkins Papers

No abstract provided.

Civil Action No. 84-3040 Plaintiff's Reply On Remand, United States District Court For The District Of Columbia

Ann B. Hopkins Papers

No abstract provided.

Plaintiff's Actual Earnings, Wayne A. Schrader

Ann B. Hopkins Papers

No abstract provided.

No. 84-3040 Amended Notice Of Depositions And Request For Documents, United States District Court For The District Of Columbia

Ann B. Hopkins Papers

No abstract provided.

Deposition Of Joseph E. Connor, United States District Court For The District Of Columbia

Ann B. Hopkins Papers

No abstract provided.

Civil Action No. 84-3040 Amended Notice Of Depositions And Request For Documents, United States District Court For The District Of Columbia

Ann B. Hopkins Papers

No abstract provided.

Deposition Of Neil Redford, United States District Court For The District Of Columbia

Ann B. Hopkins Papers

No abstract provided.

Civil Action No. 84-3040 Notice Of Depositions And Request For Documents, United States District Court For The District Of Columbia

Ann B. Hopkins Papers

No abstract provided.

Women And Aids - Racism, Sexism, And Classism, Taunya L. Banks

Faculty Scholarship

No abstract provided.

The Constitution, Racial Preference, And The Supreme Court's Institutional Ambivalence: Reflections On Metro Broadcasting, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.

Unrightable Wrongs: The Rehnquist Court, Civil Rights, And An Elegy For Dreams, D. Marvin Jones

Articles

No abstract provided.

Insurance And The Limits Of Rational Discrimination, Martin J. Katz

Sturm College of Law: Faculty Scholarship

As the state of the insurance industry indicates, policy makers and academics have reached little consensus about how to address the implications of rational discrimination. This Current Topic argues that rational discrimination should not be viewed simply as a question of profitability or financial interests, but must also be approached from a moral perspective. Part One examines the underlying cause of rational discrimination in one particular insurance market,' locating its ultimate source in the historical injustices perpetrated against Blacks. This section condemns rational discrimination for perpetuating and even exacerbating social inequalities. The analysis suggests that our society will not fully …

Intra-Racial, Color-Based Discrimination And The Need For Theoretical Consistency After Walker V. Internal Revenue Service, Sandi J. Robson

Villanova Law Review (1956 - )

No abstract provided.

Bringing A Title Vii Action: Which Test Regarding Standing To Sue Is The Most Applicable?, Valerie L. Jacobson

Fordham Urban Law Journal

This Note examines who is a proper plaintiff under Title VII and explains the need for a clearer definition of "employee" and "employed." Part II presents a historical development of the standards used to define employment relationships in Title VII. Part III discusses the general requirements for standing and sets forth the tests currently used to determine standing for a Title VII action. Part IV analyzes how the tests can produce different outcomes and why some tests more adequately serve the Act's goals. The Note concludes that Congress should amend the definition of "employee" or at least define what constitutes …

Litigating A Fair Housing Case In The 90'S, Kenneth J. Kowalski, Edward Kramer

Law Faculty Articles and Essays

Recent statutory amendments to the Federal Fair Housing Act of 1968, 42 U.S.C. Sections 3601 et seq., will be the impetus for substantial litigation in this decade. The Fair Housing Amendments Act of 1988, which was enacted on September 13, 1988 and became effective on March 12, 1989, established new protected classes, created an administrative law judge system to enforce the law, and strengthened many of the original provisions of the Act. This article will review the Amendments, their impact on litigating a fair housing case, and recent case law in the area.

Affordable Housing Forum, Richard F. Bellman, John M. Armentano, Alan Mallach

Touro Law Review

No abstract provided.

Brasci V. Stahl: Family Redefined, Eileen Kaspar

NYLS Journal of Human Rights

No abstract provided.

Report Of The Special Joint Committee On Gender Bias In The Courts — May 1989

University of Baltimore Law Review

No abstract provided.

The Natural Law Of Rhythm And Equality, John W. Ragsdale Jr

Faculty Works

The quest for natural law can easily seem futile to the secularist, and the legal terrain beyond human institutions has often been abandoned to the theologians and the supernaturalists. Most contemporary legal philosophers tend to focus on law as process, on legal positivism and legal realism, on the relativity of values or on the legal masking of class, race or gender interests. This piece will not do direct battle with these philosophies, all of which may have internal integrity and legitimacy within their chosen spheres. Instead, this piece will reexplore the possibility and propriety of linking the reality of law …

Gideon V. Wainwright Revisited: What Does The Right To Counsel Guarantee Today?, Michael B. Mushlin

Elisabeth Haub School of Law Faculty Publications

In Gideon v. Wainwright, the Supreme Court unanimously held that indigent state felony defendants are constitutionally entitled to the appointment of trial counsel. The opinion aroused wide support, and even enthusiasm, almost from the moment it was announced in 1963. Two and a half decades later this support has not diminished. However, are the words of praise only lip service to the noble idea of the right to counsel? Has Gideon really made a difference? Has its promise of a fair shake for poor criminal defendants been kept, or has Gideon meant only that defendants are provided with the fleeting …

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?

Symmetries Of Access In Civil Rights Litigation: Politics, Pragmatism And Will, Gene R. Shreve

Indiana Law Journal

No abstract provided.

Reconstructing Section Five Of The Fourteenth Amendment To Assist Impoverished Children, James G. Wilson

Law Faculty Articles and Essays

Liberal lawyers encounter grim alternatives caused by the Supreme Court's relentless shift to the right, particularly if they consider stare decisis a major constitutional value. They can attack specific decisions, demonstrating inconsistencies with prior cases, conclusory reasoning and/ or poor policy. They can use history, jurisprudence or even literature to make broad-based critiques of the Court's increasing callousness. They can propose counter-doctrine which is consistent with existing caselaw. The third response may appear quixotic, even naive, given the present Court. Nevertheless, exploration of progressive alternatives illuminates existing doctrine and provides potential openings if the Court ever decides to become more …

Runyon Reconsidered: The Future Of Section 1981 As A Basis For Employment Discrimination Claims, Barbara L. Kramer

Cleveland State Law Review

On April 25, 1988, the Supreme Court ignited a controversy by announcing that it would reconsider' its ruling in Runyon v. McCrary, a landmark 1976 civil rights decision, in a case currently before the Court, Patterson v. McClean Credit Union. Runyon affirmed the right of certain minority groups to sue private entities for unlawful discrimination under 42 U.S.C. Section 1981. Patterson calls into question the origin of the present Section 1981. This Note discusses the elements of the controversy unleashed by the Court: the origin and operation of the present Section 1981 and its relation to Title VII of the …

Reinvigorating Title Vi: Defending Health Care Discrimination—It Shouldn’T Be So Easy, Sidney D. Watson

All Faculty Scholarship

... Mrs. Carolyn Payne, a 21-year-old black resident of Holly Springs, Mississippi, delivered her own baby in the front seat of a truck after the emergency room of the Marshall County Hospital had refused admission.'¹

... Ysidro Aguinagas, an 1 1-month-old Hispanic baby, died... after being denied admission to a public hospital in Dimmitt, Texas, despite the fact that the hospital was ... publicly financed. The baby would not be admitted without a $450 deposit.²

... an Hispanic man, conscious and speaking Spanish, arrived at an emergency room at 7 p.m. for treatment of stab wounds suffered in …

A Plea For Help: Pleading Problems In Section 1983 Municipal Liability Claims, Evan S. Schwartz

Touro Law Review

No abstract provided.

Determining A Standard For Housing Discrimination Under Title Viii, Richard C. Cahn

Touro Law Review

No abstract provided.

Essay Review: The Civil Rights Struggle In Retrospect: Review Of Cruse: Plural But Equal, And Bell: And We Are Not Saved, Robert Allen Sedler

Law Faculty Research Publications

No abstract provided.