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Articles 1111 - 1140 of 1342

Full-Text Articles in Civil Rights and Discrimination

Are Non-English-Speaking Claimants Served By Unemployment Compensation Programs? The Need For Bilingual Services, Mary K. Gillespie, Cynthia G. Schneider Jan 1996

Are Non-English-Speaking Claimants Served By Unemployment Compensation Programs? The Need For Bilingual Services, Mary K. Gillespie, Cynthia G. Schneider

University of Michigan Journal of Law Reform

This Article examines the need for interpreters and translated written materials in unemployment compensation programs for those claimants who do not read, understand, or speak English well or at all. Thousands of employable persons in the United States do not read, understand, or speak English. These persons may be unable to receive unemployment compensation benefits or may receive delayed benefits solely because they are unable to comprehend English. The authors examine how ten states with substantial populations of limited-English-proficient speakers have provided these persons access to their state's unemployment compensation programs. The authors find varying practices among the states in …

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Bowers V. Hardwick, Romer V. Evans, And The Meaning Of Anti-Discrimination Legislation, Marc A. Fajer Jan 1996

Bowers V. Hardwick, Romer V. Evans, And The Meaning Of Anti-Discrimination Legislation, Marc A. Fajer

Articles

No abstract provided.

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Identifying The Harm In Racial Gerrymandering Claims, Samuel Issacharoff, Thomas C. Goldstein Jan 1996

Identifying The Harm In Racial Gerrymandering Claims, Samuel Issacharoff, Thomas C. Goldstein

Michigan Journal of Race and Law

This Article proceeds along two lines. First, it reviews the theories of harm set forth in the Justices' various opinions, i.e., the articulated risks to individual rights that may or may not be presented by racial gerrymandering. What is learned from this survey is that Shaw and its progeny serve different purposes for different members of the Court. Four members of the Shaw, Miller v. Johnson, and United States v. Hays majorities-Chief Justice Rehnquist, along with Justices Scalia, Kennedy, and Thomas- are far more concerned with "race" than "gerrymandering." In particular, they consider all race-based government classifications to be inherently …

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The Elephant And The Four Blind Men: The Burger Court And Its Federal Tax Decisions, Beverly I. Moran, Daniel M. Schneider Jan 1996

The Elephant And The Four Blind Men: The Burger Court And Its Federal Tax Decisions, Beverly I. Moran, Daniel M. Schneider

Vanderbilt Law School Faculty Publications

All the federal tax decisions of the Burger Court are reviewed in order to demonstrate that widely held beliefs about statutory interpretation in tax cases are misleading. For example, although the literature asserts that courts do not distinguish between legislative and interpretive regulations, the Burger Court did give greater deference to legislative regulations. Further, despite some Justices antipathy to legislative history, the Burger Court relied heavily on legislative histories in making its decisions. In addition, the widely held view that the Court eschews tax controversies was found false when compared to other business areas.

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Book Review, Marianne Wesson Jan 1996

Book Review, Marianne Wesson

Publications

No abstract provided.

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Dispute Resolution Under The Americans With Disabilities Act: A Report To The Administrative Conference Of The United States, Ann C. Hodges Jan 1996

Dispute Resolution Under The Americans With Disabilities Act: A Report To The Administrative Conference Of The United States, Ann C. Hodges

Law Faculty Publications

Congress passed the Americans With Disabilities Act ("ADA") in 1990 and it became effective in 1992.The statute prohibits discrimination against individuals with disabilities by employers, state and local governments, and public accommodations. With more than two years experience under the statute, an assessment of the effectiveness of the dispute resolution procedures is appropriate. This Article begins with a brief overview of the statute, including an analysis of the dispute resolution procedure under each title. The report then discusses the effectiveness of existing dispute resolution procedures. Finally the report makes recommendations for improving the dispute resolution procedures, including a specific recommendation …

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True Lies: The Role Of Pretext Evidence Under Batson V. Kentucky In The Wake Of St. Mary's Honor Center V. Hicks, David A. Sutphen Nov 1995

True Lies: The Role Of Pretext Evidence Under Batson V. Kentucky In The Wake Of St. Mary's Honor Center V. Hicks, David A. Sutphen

Michigan Law Review

In the process of determining whether a peremptory strike is valid, lower courts rely on the TI.tie VII burden-shifting framework originally laid out by the Supreme Court in McDonnell Douglas Corp. v. Green As a result, the order and presentation of proof in Batson cases deliberately parallels the order and presentation of proof in TI.tie VII intentional discrimination suits. In light of this similarity, the Supreme Court's recent TI.tie VII ruling in St. Mary's Honor Center v. Hicks - that proof of pretext under the McDonnell Douglas framework is not the legal equivalent to proof of intentional discrimination - raises …

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Remark: Brown V. Board: Revisited, Michael A. Middleton Oct 1995

Remark: Brown V. Board: Revisited, Michael A. Middleton

Faculty Publications

[T]he Negro needs neither segregated schools nor mixed schools. What he needs is Education. What he must remember is that there is no magic, either in mixed schools or in segregated schools. A mixed school with poor and unsympathetic teachers, with hostile public opinion, and no teaching of truth concerning black folk, is bad. A segregated school with ignorant placeholders, inadequate equipment, poor salaries, and wretched housing, is equally bad. Other things being equal, the mixed school is the broader, more natural basis for the education of all youth. It gives wider contacts; it inspires greater self-confidence; and suppresses the …

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Further Evidence Of Discrimination In New Car Negotiations And Estimates Of Its Cause, Ian Ayres Oct 1995

Further Evidence Of Discrimination In New Car Negotiations And Estimates Of Its Cause, Ian Ayres

Michigan Law Review

A 1991 test of new car dealerships in Chicago indicated that dealerships offered significantly lower prices to white male testers than to similarly situated black and-or female testers: white female testers were asked to pay 40% higher markups than white male testers; black male testers were asked to pay more than twice the markup of white male testers; and black female testers were asked to pay more than three times the markup of white male testers. This article extends the results of this initial test by presenting not only more authoritative evidence of discrimination but also a new quantitative method …

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Filling The "Charter Gap": Human Rights Codes In The Private Sector, Gavin W. Anderson Oct 1995

Filling The "Charter Gap": Human Rights Codes In The Private Sector, Gavin W. Anderson

Osgoode Hall Law Journal

The author considers the capacity of the federal and provincial human rights codes to deal with human rights abuses in the private sector. He compares the social democratic potential of the codes, with the classical liberalism of Charter jurisprudence, which shields the private sector from constitutional scrutiny. Four case studies are used: the definition of "offered to the public," mandatory retirement, the rights of the poor, and systemic discrimination. It is concluded that there are important similarities between the codes and the Charter, both at an institutional design and a doctrinal level. As a result, the codes have been unable …

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Stark Karst, Richard Delgado May 1995

Stark Karst, Richard Delgado

Michigan Law Review

A Review of Law's Promise, Law's Expression: Visions of Power in the Politics of Race, Gender, and Religion by Kenneth L. Karst

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Civil Rights: A Common And Continuing Struggle, Deval Patrick Apr 1995

Civil Rights: A Common And Continuing Struggle, Deval Patrick

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

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The Robinson-Patman Act Sections 2(D) And 2(E): Promotional Allowances And The Per Se Rule Of Illegality, Julian Chung Mar 1995

The Robinson-Patman Act Sections 2(D) And 2(E): Promotional Allowances And The Per Se Rule Of Illegality, Julian Chung

Cardozo Law Review

The Robinson-Patman Act (the "Act"), as part of the antitrust laws, was designed to prevent direct and indirect price discrimination. Specifically, the Act prohibits price discrimination through the use of certain types of discounts granted by sellers to select customers. Sections 2(d) and 2(e) of the Act attempt to further this prohibition by expressly regulating promotional allowances and services. Although Federal Trade Commission ("FTC") enforcement of the sections has declined, private litigation under sections 2(d) and 2(e) of the Robinson-Patman Act has recently been revived. Three recent suits involving the compact disc ("CD") market exemplify this trend. Retailers of CDs …

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Sexual Harassment On Campus: Does The Accused Have Any Rights?, Richard C. Cahn Jan 1995

Sexual Harassment On Campus: Does The Accused Have Any Rights?, Richard C. Cahn

Touro Law Review

No abstract provided.

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Equal Protection Jan 1995

Equal Protection

Touro Law Review

No abstract provided.

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Sexual Orientation: A Plea For Inclusion, Sharon E. Rush Jan 1995

Sexual Orientation: A Plea For Inclusion, Sharon E. Rush

UF Law Faculty Publications

White women and people of color have made significant scholarly contribution toward a better understanding of patriarchy and racial hegemony. Other outsider scholars, such as lesbians, gay men, and bisexuals, also have spoken out about how hegemony subordinates them to the dominant culture. That subordination creates a common pain of exclusion. All subordinated people should explore the sources of common pain that come from exclusion from the power and privilege generally enjoyed by members of the dominant culture.

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The Myth Of The Superspade: The Persistence Of Racism In College Athletics, Timothy Davis Jan 1995

The Myth Of The Superspade: The Persistence Of Racism In College Athletics, Timothy Davis

Fordham Urban Law Journal

As is true of society in general, untrue stereotypes underlie the subtle forms of racism prevalent in college sport. Despite its covert nature, persistent racism in college athletics inflicts real injury on its African-American participants. Their academic needs suffer as a result of misconceptions propelled by myths concerning their intellectual and athletic abilities. Long-term solutions to the harm inflicted upon student- athletes and other African-American participants in college sport will require honest and creative approaches that may transcend traditional doctrinal boundaries. In the short term, this Article identifies potential approaches for providing some modicum of relief for the harm caused …

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The Price Of Landlord's "Free" Exercise Of Religion: Tenant's Rights To Discrimination-Free Housing And Privacy, Maureen E. Markey Jan 1995

The Price Of Landlord's "Free" Exercise Of Religion: Tenant's Rights To Discrimination-Free Housing And Privacy, Maureen E. Markey

Fordham Urban Law Journal

No precedent from the United States Supreme Court or other jurisprudence supports an individual, court-ordered free exerciseexemption for a landlord who violates the antidiscrimination laws while engaged in the business of rental housing. The fair housing laws are designed specifically to protect tenants from discrimination based on a landlord's personal biases. Although neither courts nor legislatures can dictate the morals of the marketplace, neither should they condone discriminatory acts that are clothed in the respectable shroud of the free exercise of religion. An exemption based not upon the landlord's own conduct, but on the landlord's disapproval of the presumed conduct …

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Recent Case: Fourth Circuit Finds University Of Maryland Minority Scholarship Program Unconstitutional, Podberesky V. Kirwan, 38 F.3d 147 (4th Cir. 1994), Kimberly J. Robinson Jan 1995

Recent Case: Fourth Circuit Finds University Of Maryland Minority Scholarship Program Unconstitutional, Podberesky V. Kirwan, 38 F.3d 147 (4th Cir. 1994), Kimberly J. Robinson

Law Faculty Publications

In Podberesky v. Kirwan,4 the Fourth Circuit held that the University of Maryland at College Park (UMCP) denied Daniel Podberesky, a Hispanic/white student, equal protection of the laws by excluding him from consideration for the race-based Benjamin Banneker Scholarship Program. The program, the court held, was not narrowly tailored to remedy past discrimination at the University. In its analysis, however, the court applied only a portion of the applicable legal standard. A proper analysis of the program using the factors set forth in United States v. Paradise would have demonstrated that the program was narrowly tailored to address the racial …

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Eliminating Indian Stereotypes From American Society: Causes And Legal And Societal Solutions, Kim Chandler Johnson, John Terrence Eck Jan 1995

Eliminating Indian Stereotypes From American Society: Causes And Legal And Societal Solutions, Kim Chandler Johnson, John Terrence Eck

American Indian Law Review

No abstract provided.

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Social Justice And The Myth Of Fairness: A Communal Defense Of Affirmative Action, Phillip J. Closius Jan 1995

Social Justice And The Myth Of Fairness: A Communal Defense Of Affirmative Action, Phillip J. Closius

All Faculty Scholarship

This Article shall examine the characteristics of the current analytical framework by first examining some harmful effects resulting from the prioritization of fairness: excessive generalization, formalism and superficiality, and materialism. The Article will then examine in detail the Supreme Court's resolution of modern affirmative action issues. The Court has generated confusion and discord by applying simplistic concepts to complex problems and by adhering to the primacy of fairness in a context in which all interested parties claim that fairness favors their result. Finally, this Article will critique the Court's inability to provide a consistent doctrinal basis for discussing affirmative action …

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Caste And The Civil Rights Laws: From Jim Crow To Same-Sex Marriages, Richard A. Epstein Aug 1994

Caste And The Civil Rights Laws: From Jim Crow To Same-Sex Marriages, Richard A. Epstein

Michigan Law Review

In this essay I address the notion of caste in two separate contexts: in the traditional disputes over race and sex, and in the more modem disputes over sexual orientation. In both cases the idea of caste and its kindred notions of subordination and hierarchy are used to justify massive forms of government intervention. In all cases I think that these arguments are incorrect. In their place, I argue that the idea of caste should be confined to categories of formal, or legal, distinctions between persons before the law. This more limited notion of caste supplies no justification for the …

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'If Black Is So Special, Then Why Isn't It In The Rainbow?', Sharon E. Rush Jul 1994

'If Black Is So Special, Then Why Isn't It In The Rainbow?', Sharon E. Rush

UF Law Faculty Publications

In the modern day, defining "family" becomes less of a theoretical debate when one's own family unit is different from the traditional married, middle-class mother and father with their biological children. For non-traditional families, redefining family takes on enormous practical significance and may actually enable people to create families. Laws permitting transracial adoptions and surrogacy are illustrative. Moreover, a broader definition of family provides greater legal security to non-traditional families. Without such legal protection, non-traditional families live in fear of traditional laws tearing them apart. Rather than using a standard that promotes hegemony in custody disputes, decisionmakers should become aware …

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A Postmodern Constitutionalism: Equality Rights, Identity Politics, And The Canadian National Imagination, Carl F. Stychin Apr 1994

A Postmodern Constitutionalism: Equality Rights, Identity Politics, And The Canadian National Imagination, Carl F. Stychin

Dalhousie Law Journal

In the 1990s, "identity" has become the centrepiece of theoretical work in a variety of disciplines. We now know that, in the conditions of late modem (or postmodem) society, identity is complex-it is fragmented, intersected, subject to alteration, socially constructed and it exhibits only a partial fixity at any moment. Most important, identities are to be valued, respected, and understood on their own terms. However, we also have relearned (if we ever forgot) that identities can be dangerous and fatal, especially when they coalesce in the form of nationalism. In this article, I will explore the intersection of nationalism and …

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Lesbians, Gays And The Struggle For Equality Rights: Reversing The Progressive Hypothesis, Mary Eaton Apr 1994

Lesbians, Gays And The Struggle For Equality Rights: Reversing The Progressive Hypothesis, Mary Eaton

Dalhousie Law Journal

The tale often told of Canadian law's advancement in the field of sexual orientation rights is simple but sublime: law has moved, however ploddingly and not without substantial prodding, out of an epoch of almost total repression, into an evermore enlightened era. Castigated by criminal law, pushed to the perimeter by administrative law, and ignored by human rights law, the "homosexual"' had once been law's quintessential "other." In recent years, however, legislatures and courts have increasingly been willing to recognize "homosexuals" as a constituency too long held down by the heavy hand of legal control. Most penal prohibitions against exercises …

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Ethnicity And Prejudice: Reevaluating "National Origin" Discrimination Under Title Vii, Juan F. Perea Mar 1994

Ethnicity And Prejudice: Reevaluating "National Origin" Discrimination Under Title Vii, Juan F. Perea

William & Mary Law Review

No abstract provided.

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The Key To Unlocking The Clubhouse Door: The Application Of Antidiscrimination Laws To Quasi-Private Clubs, Sally Frank Jan 1994

The Key To Unlocking The Clubhouse Door: The Application Of Antidiscrimination Laws To Quasi-Private Clubs, Sally Frank

Michigan Journal of Gender & Law

This article focuses on discrimination in quasi-private clubs and the impact of laws and the United States Constitution on that discrimination. For the purposes of this article, a quasi-private club is any organization that claims to be private but which might in fact be viewed as public. The term "quasi-private" is used because litigation concerning discrimination in such organizations often rests on whether the entity is private, and therefore cannot be regulated.

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No Time For Trumpets: Title Vii, Equality, And The Fin De Siecle, D. Marvin Jones Jan 1994

No Time For Trumpets: Title Vii, Equality, And The Fin De Siecle, D. Marvin Jones

Articles

No abstract provided.

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Employment Discrimination: Recent Developments In The Supreme Court, Eileen Kaufman Jan 1994

Employment Discrimination: Recent Developments In The Supreme Court, Eileen Kaufman

Scholarly Works

No abstract provided.

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Condescending Contradictions: Richard Posner's Pragmatism And Pregnancy Discrimination, Ann C. Mcginley, Jeffrey W. Stempel Jan 1994

Condescending Contradictions: Richard Posner's Pragmatism And Pregnancy Discrimination, Ann C. Mcginley, Jeffrey W. Stempel

Scholarly Works

Richard Posner’s, the Chief Judge of the United States Court of Appeals for the Seventh Circuit, judicial actions have been criticized, primarily for inconsistently commingling economic analysis with other approaches to decisionmaking in an effort to reach personally pleasing results that are at odds with Posner's professed commitment to methodological rigor. Although criticism of Posner's judging is diverse, a common theme is that he too frequently marshals his argumentative force merely to uphold the economic rights of the powerful. In other words, according to the critics, after the rush of intellectual excitement subsides, litigants and the justice system are left …

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