Civil Rights and Discrimination Commons^™

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

Ann B. Hopkins Papers

No abstract provided.

No. 84-3040 Defendant's Proposed Order, United States District Court For The District Of Columbia

Ann B. Hopkins Papers

No abstract provided.

No. 84-3040 Defendant's Proposed Findings Of Fact On Remedial Issues, United States District Court For The District Of Columbia

Ann B. Hopkins Papers

No abstract provided.

Law Students Estimate Half Joined Boycott, Dan Joseph

Bryant Garth (1986-1987 Acting; 1987-1990)

No abstract provided.

No. 84-3040 Motion For Extension Of Time To File Post-Trial Submissions, United States District Court For The District Of Columbia

Ann B. Hopkins Papers

No abstract provided.

Teeth For A Paper Tiger: A Proposal To Add Enforceability To Florida's Hate Crimes Act, Marc L. Fleischauer

Florida State University Law Review

No abstract provided.

Aids And The Perception Of Aids As Handicaps Under Florida Law, Robert Craig Waters

Florida State University Law Review

Until 1989, many questions remained unanswered about the extent of protection afforded by Florida's numerous handicap discrimination laws for those with symptomless infection of the AIDS virus or those perceived as having such an infection. The 1989 Florida Legislature settled these questions by declaring that having the infection and being perceived as infected fall within the protection of these statutes. As a rationale, the Legislature adopted an express statement of intent that found all forms of AIDS-related discrimination irrational, scientifically unfounded, and detrimental to society as a whole. This Article explores the sweeping implications of these legislative determinations.

Rico Threatens Civil Liberties, Antonio J. Califa

Vanderbilt Law Review

The history of conspiracy, according to Justice Robert Jackson, exemplifies the "'tendency of a principle to expand itself to the limit of its logic.' "" This same phenomenon is present today in the Racketeer Influenced and Corrupt Organizations Act of 1970 (RICO). RICO has moved beyond logic and intent into areas far removed from racketeering. Originally intended to combat organized crime, RICO is used increasingly in ideological disputes. For example, it has been used against abortion clinic protesters and anti-pornography groups.

This Article argues that using RICO in ideological disputes is inappropriate and harmful because it results in the chilling …

Toward An Expanded Conception Of Law Reform: Sexual Harassment Law And The Reconstruction Of Facts, Holly B. Fechner

University of Michigan Journal of Law Reform

This Note uses feminist reform of sexual harassment law to show how the reconstruction of factual descriptions can lead to change in the law. Part I describes the feminist methodology of consciousness raising and analyzes Catharine MacKinnon's Sexual Harassment of Working Women as an example of a successful consciousness-raising tool. Part II discusses sexual harassment doctrine and presents a case study illustrating how changing the way legal decision makers think about facts can lead to law reform. Part III discusses how social construction theory aids understanding of changes in sexual harassment law.

North Carolina's New Aids Discrimination Protection: Who Do They Think They're Fooling?, Angela Sue Bullard

Campbell Law Review

This Comment's primary purpose is to examine the substantive provisions of the 1989 amendments to the NCCDA. First, the Comment briefly examines background information, including: (1) medical and statistical facts about AIDS and related infections; (2) the causes, history and significance of AIDS discrimination; and (3) pre-existing or alternate protections available to persons discriminated against on the basis of AIDS, HIV or ARC. Second, the Comment proceeds with a provision-by-provision evaluation of the NCCDA amendments. It analyzes the amendments in light of the above mentioned background information, as well as existing authority on the various issues addressed by the amendments. …

The Broadened Dimensions And More Powerful Bite Of The State Fair Housing Act, B. Bailey Liipfert Iii

Campbell Law Review

Part I of this Comment analyzes the substantive changes in the Act. These substantive changes significantly extend the scope of the protection against discriminatory practices. These changes mirror those in the recently amended Federal Fair Housing Act (Title VIII of the Civil Rights Act of 1968). Substantively, the Acts are now virtually identical. There are, however, some differences of which the practitioner should be aware. Part II discusses the procedural implications of the new State Act. How the State and Federal Acts and agencies function together in enforcement procedures is the primary focus of Part II.

In Lieu Of Preclusion: Reconciling Administrative Decisionmaking And Federal Civil Rights Claims, Marjorie A. Silver

Indiana Law Journal

No abstract provided.

National Collegiate Athletic Ass'n V. Tarkanian: Viewing State Action Through The Analytical Looking Glass, Stephen R. Vancamp

West Virginia Law Review

No abstract provided.

The Republican Revival: Revolutionary Republicanism's Relevance For Charles Summer's Theory Of Equality And Reconstruction, Janis L. Mcdonald

Buffalo Law Review

No abstract provided.

Part Of The Solution Rather Than Part Of The Problem: A Role For American Private Elementary And Secondary Schools In The 1990s, Stephen D. Sugarman

William & Mary Law Review

No abstract provided.

A Matter Of Difference: Domestic Contracts And Gender Equality, Brenda Cossman

Osgoode Hall Law Journal

This essay explores the feminist debates around gender difference and gender equality in the context of the Supreme Court of Canada's Pelech trilogy. It argues that the Court's approach to the enforcement of separation agreements does not adequately account for gender difference. Based on feminist critiques of difference, the essay then suggests an approach which might allow us to move beyond the dilemmas that difference presents to feminist legal theory and practice, and to the enforcement of separation agreements in particular.

No. 84-3040 Plaintiff's Post-Trial Brief On Relief Issues, United States District Court For The District Of Columbia

Ann B. Hopkins Papers

No abstract provided.

Innocence And Affirmative Action, Thomas Ross

Vanderbilt Law Review

When we create arguments, when we act as rhetoricians, we reveal ourselves by the words and ideas we choose to employ. Verbal structures that are used widely and persistently are especially worth examination. Arguments made with repeated, almost formulaic, sets of words suggest a second argument flowing beneath the apparent argument. Beneath the apparently abstract language and the syllogistic form of these arguments, we may discover the deeper currents that explain, at least in part, why we seem so attached to these verbal structures.

Argument about affirmative action in the context of racial discrimination is particularly wrenching and divisive, especially …

The Ripple Effects Of Slaughter-House: A Critique Of A Negative Rights View Of The Constitution, Michael J. Gerhardt

Vanderbilt Law Review

Upon seeing Niagara Falls for the first time, Oscar Wilde reportedly remarked that it "would be more impressive if it flowed the other way." I have a similar reaction to a series of narrow Supreme Court interpretations of the fourteenth amendment, beginning with the Slaughter-House Cases, decided in 1872, and extending to the 1989 decisions in Webster v. Reproductive Health Services and DeShaney v. Winnebago County Department of Social Services. In Slaughter-House the Court interpreted the privileges or immunities clause of the fourteenth amendment as merely protecting interests other federal laws already protected, while recently the Court interpreted the due …

Civil Action No. 84-3040 Court Transcript (1-374), United States District Court For The District Of Columbia

Ann B. Hopkins Papers

No abstract provided.

Constitutional Damages And Corrective Justice: A Different View, Sheldon Nahmod

All Faculty Scholarship

No abstract provided.

On Hegel, On Slavery, But Not On My Head!, Guyora Binder

Journal Articles

This Article, a sequel to “Mastery, Slavery and Emancipation,” amplified its claims that slaves conceptualized freedom primarily in solidaristic terms as social and political participation, and recognition rather than as individual autonomy or economic opportunity. It replied to skeptical objections offered by Critical Race Theorist Kendall Thomas and offered a solidaristic reading of the autobiographies of Fredercik Douglass and Sellah Martin.

The Liberty Impact Of The New Property, Charles A. Reich

William & Mary Law Review

No abstract provided.

The Madisonian Theory Of Rights, Jack N. Rakove

William & Mary Law Review

No abstract provided.

James Madison, Virginia Politics, And The Bill Of Rights, J. Gordon Hylton

William & Mary Law Review

No abstract provided.

Introduction To The Bill Of Rights At 200 Years: Bicentennial Perspectives, Rodney A. Smolla

William & Mary Law Review

No abstract provided.

James Madison, The Bill Of Rights, And The Problem Of The States, Charles F. Hobson

William & Mary Law Review

No abstract provided.

The Trivialization Of The Bill Of Rights: One Historian's View Of How The Purposes Of The First Ten Amendments Have Been Defiled, Robert A. Rutland

William & Mary Law Review

No abstract provided.

A Cultural Historian's Reading Of Charles Reich's Impact On The Contemporary Discourse On "Welfare", Brigitte Fleischmann

William & Mary Law Review

No abstract provided.

Preserving The Bill Of Rights In The Modern Administrative-Industrial State, Rodney A. Smolla

William & Mary Law Review

No abstract provided.