Civil Rights and Discrimination Commons^™

The Constitutional Amendment By Missouri V. Jenkins, Laura S. Fitzgerald

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Effect, Or No Effect: A Comparison Of Prima Facie Standards Applied In "Disparate Impact" Cases Brought Under The Fair Housing Act (Title Viii), Kristopher E. Ahrend

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

The "Constitutional" Assault On The Virginia Military Institute, Jon A. Soderberg

Washington and Lee Law Review

No abstract provided.

Speaking The Language Of Exclusion: How Equal Protection And Fundamental Rights Analyses Permit Language Discrimination (Comment), Donna F. Coltharp

Faculty Articles

No abstract provided.

Religion-Based Peremptory Challenges After Batson V. Kentucky And J.E.B. V. Alabama: An Equal Protection And First Amendment Analysis, Benjamin Hoorn Barton

Michigan Law Review

This Note argues that under Batson, J.E.B., the First Amendment, and the Equal Protection Clause, religion-based peremptory challenges are unconstitutional. This Note asserts that the analysis of governmental religious discrimination, such as a peremptory challenge, is the same under either the First Amendment or the Equal Protection Clause because both apply strict scrutiny to purposeful government discrimination.

Part I examines Batson and J.E.B. in greater detail and states a model for analyzing discriminatory peremptory challenges in which such challenges are treated as intentional governmental discrimination subject to heightened scrutiny. Part II argues that under the First Amendment, intentional governmental …

Equal Protection

Touro Law Review

No abstract provided.

The Pale Impact Of Recent Case Law On The Ascendancy Of The Voting Rights Act, Frank N. Schellace

Touro Law Review

No abstract provided.

Affirmative Action As A Women's Issue, Helen Norton

Publications

No abstract provided.

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.

Voting Rights Debate, Charles Stephen Ralston, Michael A. Carvin

Touro Law Review

No abstract provided.

Facing The Challenge: A Lawyer's Response To Anti-Gay Initiatives, Suzanne B. Goldberg

Faculty Scholarship

We are living in an extraordinary period of gay and lesbian history. As lesbian and gay civil rights gain increasing recognition throughout the country – through small but growing numbers of laws prohibiting sexual orientation discrimination, court rulings protecting lesbian and gay parents' custody of their children, and a historically unprecedented level of positive media coverage – our struggles also have escalated enormously. Not only must we litigate and negotiate for equal opportunity in employment, housing, and parenting rights as always, but also we face a nationally organized and terrifically well-funded assault on our fundamental rights as citizens.

This nationwide …

Equality And Diversity: The Eighteenth-Century Debate About Equal Protection And Equal Civil Rights, Philip A. Hamburger

Faculty Scholarship

Living, as we do, in a world in which our discussions of equality often lead back to the desegregation decisions, to the Fourteenth Amendment, and to the antislavery debates of the 1830s, we tend to allow those momentous events to dominate our understanding of the ideas of equal protection and equal civil rights. Indeed, historians have frequently asserted that the idea of equal protection first developed in the 1830s in discussions of slavery and that it otherwise had little history prior to its adoption into the U.S. Constitution. Long before the Fourteenth Amendment, however – long before even the 1830s …

Legislative Inputs And Gender-Based Discrimination In The Burger Court, Earl M. Maltz

Michigan Law Review

In An Interpretive History of Modem Equal Protection, Michael Klarman poses a powerful challenge to the conventional wisdom regarding the structure of Burger Court jurisprudence. Most commentators have concluded that during the Burger era the Court lacked a coherent vision of constitutional law, and was given to a "rootless" activism or a "pragmatic" approach to constitutional analysis. Klarman argues that, at least in the area of equal protection analysis, the Burger Court's approach did reflect a unifying theme, which he describes as a focus on "legislative inputs." According to Klarman, this approach "directs judicial review towards purging legislative decision-making of …

Sex Discrimination (Update 1), Christina B. Whitman

Book Chapters

During the 1980s and early 1990s intense disagreement has arisen over the appropriate strategy for eliminating sex discrimination. Some courts and commentators argue for gender-neutral rules that define categories in purely functional terms. Others, who point out that gender-neutral rules promise equality only for women who can meet a ‘‘male standard,’’ think that legal distinctions between the sexes are not only appropriate but necessary, at least in cases involving perceived biological differences. Still others refuse to think in terms of sameness and difference. They analyze each issue by asking whether the disputed rule furthers the domination of men and the …

Affirmative Action, Douglas Scherer, John Dunne

Touro Law Review

No abstract provided.

The Ideal Of Liberty: A Comment On Michael H. V. Gerald D., Robin West

Georgetown Law Faculty Publications and Other Works

What is the meaning and content of the "liberty" protected by the due process clause of the fourteenth amendment? In Michael H. v. Gerald D. Justices Brennan and Scalia spelled out what at first blush appear to be sharply contrasting understandings of the meaning of liberty and of the substantive limits liberty imposes on state action. Justice Scalia argued that the "liberty" protected by a substantive interpretation of due process is only the liberty to engage in activities historically protected against state intervention by firmly entrenched societal traditions. I will sometimes call this the "traditionalist" interpretation of liberty. Justice Brennan, …

Equal Protection

Touro Law Review

No abstract provided.

Affirmative Action Doctrine And The Conflicting Messages Of Croson, Doug D. Scherer

Scholarly Works

No abstract provided.

Equal Protection- The Social Dimension Of European Community Law, T. Koopmans

Michigan Journal of International Law

There are two reasons for drawing attention to the social dimension of European Community law. First, the EEC treaty comprises different provisions on social policy whose importance is consistently underestimated: the treaty is often considered as merely establishing a "common market" and as only concerning economic problems. This approach is prominent in the United States, where the business world is primarily interested in trade with, and within, the common market, and where much literature is devoted to this subject. Second, the social provisions of the EEC treaty have given rise to an interesting evolution in the case law of the …

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

Washington and Lee Law Review

No abstract provided.

Legislative Enforcement Of Equal Protection, Stephen F. Ross

Faculty Scholarship

This Article explores the legislative role in enforcing the constitutional guarantee to equal protection. Part I describes the underenforcement principle that explains the restrictive judicial exercise of authority in constitutional matters. The Article then focuses on Congress' role in examining issues relating to the constitutional guarantee of equal protection that the courts have chosen to underenforce. Part II analyzes relevant constitutional provisions that may empower or limit congressional actions. Part III considers ways in which Congress can address state violations of equal protection through directives to the judiciary and through the legislative process. Part IV details how both federal and …

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

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.

Black Innocence And The White Jury, Sheri Lynn Johnson

Michigan Law Review

Racial prejudice has come under increasingly close scrutiny during the past thirty years, yet its influence on the decisionmaking of criminal juries remains largely hidden from judicial and critical examination. In this Article, Professor Johnson takes a close look at this neglected area. She first sets forth a large body of social science research that reveals a widespread tendency among whites to convict black defendants in instances in which white defendants would be acquitted. Next, she argues that none of the existing techniques for eliminating the influence of racial bias on criminal trials adequately protects minority-race defendants. She contends that …

The First Amendment And Distributional Voting Rights Controversies, Emily M. Calhoun

Publications

No abstract provided.

Constitutional Law—Due Process—Equal Protection—Exclusion Of Females From Registration For Draft Not Violative Of Fifth Amendment, Neil Deininger

University of Arkansas at Little Rock Law Review

No abstract provided.

The Displacement Of Federal Due Process Claims By State Tort Remedies: Parratt V. Taylor And Logan V. Zimmerman Brush Company, Rodney A. Smolla

Scholarly Articles

None available.

Constitutional Law - Police Power - Equal Protection - Voluntary Deviate Sexual Intercourse Statute, Louis Bader

Duquesne Law Review

The Pennsylvania Supreme Court has held that the Pennsylvania voluntary deviate sexual intercourse statute is beyond the valid exercise of the state's police power and is violative of the equal protection clauses of the Constitution of the United States and the Constitution of the Commonwealth of Pennsylvania.

Commonwealth v. Bonadio, 490 Pa. 91, 415 A.2d 47 (1980).

The Rhetoric Of Powell's Bakke, Lewis H. Larue

Washington and Lee Law Review

No abstract provided.

A Comment On "The Rhetoric Of Powell's Bakke", Jan Deutsch

Washington and Lee Law Review

No abstract provided.