Civil Rights and Discrimination Commons^™

A Need For Caring, Judith Areen

Michigan Law Review

A Review of AIDS and the Law: A Guide for the Public edited by Harlon L. Dalton, Scott Burris and the Yale AIDS Law Project

The Naacp's Legal Strategy Against Segregated Education, Robert L. Carter

Michigan Law Review

A Review of The NAACP's Legal Strategy Against Segregated Education, 1925-1950 by Mark Tushnet

How It Was, How It Is, Clare Dalton

Michigan Law Review

A Review of Unequal Colleagues: The Entrance of Women into the Professions, 1890-1940 by Penina Migdal Glazer and Miriam Slater

The Politics Of Predicting Criminal Violence, Sheri Lynn Johnson

Michigan Law Review

A Review of The Prediction of Criminal Violence by Fernand N. Dutile and Cleon H. Foust

Aids In The Workplace: Termination, Discrimination And The Right To Refuse, J Scott Kenney

Dalhousie Law Journal

Not since the days of leprosy has there been a disease so feared and so fatal as AIDS (Acquired Immunodeficiency Syndrome). The lack of knowledge about the disease has merely compounded the problem, so that not only AIDS victims themselves, but also members of perceived "high-risk" groups, face increasing discrimination in all facets of their lives. This paper will focus on only one of these contexts: the workplace. After a review of the current medical knowledge, two principal questions wifl-be examined: (i) What protection does the law give AIDS victims, or members of highrisk groups, against discrimination in employment? (ii) …

Private Enforcement And The Fair Housing Act, Robert G. Schwemm

Law Faculty Scholarly Articles

The first section of the Fair Housing Act declares that "[i]t is the policy of the United States to provide, within constitutional limitations, for fair housing throughout the United States." If the United States has been officially committed to providing for fair housing for the past 20 years, why is segregated housing still the prevailing norm throughout our nation? Why does discrimination still regularly occur when minority homeseekers venture into white areas? Why are the opportunities for living in stable, integrated neighborhoods only marginally better now than they were a generation ago in the days of Lyndon Johnson, Everett McKinley …

Rationality - And The Irrational Underinclusiveness Of The Civil Rights Laws, Peter Brandon Bayer

Scholarly Works

Congress has enacted a series of civil rights laws designed to protect individuals from public an private forms of irrational discrimination. To be lawful, such civil rights statutes must conform with the definition of rationality required by the Fifth and Fourteenth Amendments. Yet, in one fashion, these statutes are as irrational as the behavior they seek to control. The statutes protect only certain classes of individuals in limited instances. This article argues that the existing civil rights laws, although integral to a free society, are but a first step. The statute will never be fully rational, never completely fair, until …

Rationality-And The Irrational Underinclusiveness Of The Civil Rights Laws, Peter Brandon Bayer

Washington and Lee Law Review

No abstract provided.

Pornography Is A Civil Rights Issue For Women, Andrea Dworkin

University of Michigan Journal of Law Reform

My name is Andrea Dworkin. I am a citizen of the United States, and in this country where I live, every year millions and millions of pictures are being made of women with our legs spread. We are called beaver, we are called pussy, our genitals are tied up, they are pasted, makeup is put on them to make them pop out of a page at a male viewer. Millions and millions of pictures are made of us in postures of submission and sexual access so that our vaginas are exposed for penetration, our anuses are exposed for penetration, our …

The Wrong Side Of The Tracks: A Revolutionary Rediscovery Of The Common Law Tradition Of Fairness In The Struggle Against Inequality, Gregory A. Kalscheur

Michigan Law Review

A Review of The Wrong Side of the Tracks: A Revolutionary Rediscovery of the Common Law Tradition of Fairness in the Struggle Against Inequality by Charles M. Haar and Daniel W. Fessler

Freedom Of Speech And Racism, David Kretzmer

Cardozo Law Review

No abstract provided.

The Developing Law On Aids In The Workplace , Jana Howard Carey, Megan M. Arthur

Maryland Law Review

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 …

Civil Rights In Transition: Sections 1981 And 1982 Cover Discrimination On The Basis Of Ancestry And Ethnicity, Eileen R. Kaufman, Martin A. Schwartz

Scholarly Works

No abstract provided.

The Uses And Abuses Of Informal Procedures In Federal Civil Rights Enforcement, Marjorie A. Silver

Scholarly Works

No abstract provided.

Mutable Characteristics And The Definition Of Discrimination Under Title Vii, Peter Brandon Bayer

Scholarly Works

Title VII of the Civil Rights Act of 1964 prohibits racial, religious, gender, ethnic, and color discrimination in employment. In most instances the courts interpret the statute very broadly. However, a line of cases holds that discrimination predicated on a forbidden criterion coupled with a ‘mutable’—easily altered—characteristic does not constitute a violation of Title VII. This Article attempts to debunk the ‘mutable’ characteristic doctrine by discerning a general definition of discrimination under Title VII and applying that definition to demonstrate that mutability analysis contradicts the letter and spirit of the law.

Employment Discrimination—Title Vii's Limited Preemptive Effect Allows State Laws Mandating Pregnancy Leave And Reinstatement, Mary L. Wiseman

University of Arkansas at Little Rock Law Review

No abstract provided.

Affirmative Action: Problems And Perspectives, Clarence M. Pendleton

William Monroe Trotter Institute Publications

If I sound a little bit incoherent it is because I have only been in California for ten hours in the last three weeks, and that was just to change clothes and change bags and hug my little six-year-old tight and spend some time with my wife. I got back in last Tuesday night from a trip to the East Coast by way of Salt Lake City and got up at 2:00 a.m. to be at a local television show to be able to be on the "CBS Morning News." My options were slim-either go to New York and do …

Beyond Busing: Inside The Challenge To Urban Segregation, Lawrence T. Gresser

Michigan Law Review

A Review of Beyond Busing: Inside the Challenge to Urban Segregation by Paul R. Dimond

The New American Dilemma: Liberal Democracy And School Desegregation, Mary Jo Newborn

Michigan Law Review

A Review of The New American Dilemma: Liberal Democracy and School Desegregation by Jennifer L. Hochschild

The Metamorphosis Of Comparable Worth, Nancy E. Dowd

UF Law Faculty Publications

The concept of comparable worth has as its factual predicate two typical characteristics of women's employment: occupational concentration or segregation and significantly lower wages compared to those paid to men. What continues to be most troubling about this employment pattern is its stubborn persistence, despite the increased presence of women in the workforce and the existence for over two decades of legislation prohibiting sex discrimination in employment.

The concept of comparable worth has provoked an outpouring of emotional rhetoric and scholarly analysis debating the concept’s viability and desirability. Rather than add to that debate, Professor Dowd traces the evolution of …

Direct Evidence Of Discriminatory Intent And The Burden Of Proof: An Analysis And Critique , Charles A. Edwards

Washington and Lee Law Review

No abstract provided.

Insurance Classification: Too Important To Be Left To The Actuaries, Leah Wortham

University of Michigan Journal of Law Reform

This Article classifies most of the public debate about classification as coming from one of two perspectives labeled traditional fair discrimination and antidiscrimination. Proponents of the status quo in classification and its regulation justify that status quo as fair discrimination. They argue that fair discrimination is both desirable and a reflection of a long-standing public policy judgment embodied in state law.

An Observation About Comparable Worth, George Schatzki

Seattle University Law Review

The ultimate legal question is: Does Title VII incorporate the comparable worth doctrine? The courts are saying, "No." Their reasoning is, at best, unpersuasive. Indeed, often their reasoning is nothing more than mere conclusion. Given what I have described briefly as the legal arguments pro and con, one can easily understand that so long as Griggs remains a part of the Title VII scene, there is a rational but not compelling argument to incorporate comparable worth into the Act. How, then, does a court decide? The following discussion is offered not as an example of desirable or undesirable judicial analysis. …

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.

Thornburg V. Gingles, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

The Class-Based Animus Requirement Of 42 U.S.C. § 1985(3): A Limiting Strategy Gone Awry?, Devin S. Schindler

Michigan Law Review

This Note focuses on Scott's impact on attempts to determine what groups fall within the statute. Part I examines the various class-based animus formulas generated by the circuits since Griffin and the potential impact of Scott on these formulas. Part II argues that the key to understanding the scope of the class-based animus requirement lies in traditional fourteenth amendment equal protection analysis.

Exclusion Of Families With Children From Housing, George Palmer Schober

University of Michigan Journal of Law Reform

This Note attempts to resolve the most significant problems raised by discrimination against children in housing. Part I briefly analyzes the prevalence of child exclusion in different types of housing. It also provides a statistical analysis of the rental housing market to enable the reader to gauge the extent of the problem in one type of housing. Part II discusses policy arguments supporting both those who seek to exclude children and those who advocate government policies forbidding exclusion. Part III then examines the various approaches that states have adopted in this area, as well as federal implications of the issue. …

The Voting Rights Amendment Act Of 2014: A Constitutional Response To Shelby County, Gilda R. Daniels, William Yeomans, Nicholas Stephanopoulos, Gabriel J. Chin, Samuel Bagenstos

All Faculty Scholarship

This Issue Brief from the American Constitution Society for Law and Policy begins by explaining the Voting Rights Act, Shelby County v. Holder, and the Voting Rights Amendment Act of 2014 (VRAA). The remaining sections then explain the four specific ways the VRAA attempted to counter the holding from the Shelby County decision.

Dimensions Of Tolerance: What Americans Believe About Civil Liberties, Michigan Law Review

Michigan Law Review

A Review of Dimensions of Tolerance: What Americans Believe About Civil Liberties by Herbert McClosky and Alida Brill