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Articles 12271 - 12300 of 14884

Full-Text Articles in Civil Rights and Discrimination

The Long And Winding Road: Redistricting In Light Of Shaw V. Reno, Charles W. Mckeller Jan 1994

The Long And Winding Road: Redistricting In Light Of Shaw V. Reno, Charles W. Mckeller

Campbell Law Review

The purpose of this note is to analyze the impact and scope of the United States Supreme Court's landmark decision in Shaw v. Reno. This Note will attempt to recommend guidelines which will enable local government officials to negotiate the narrow and winding path between the standards of the VRA and the ambiguous restrictions set by the Court's decision.

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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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With All Deliberate Speed? A Reply To Professor Sunstein, Marc A. Fajer Jan 1994

With All Deliberate Speed? A Reply To Professor Sunstein, Marc A. Fajer

Articles

No abstract provided.

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Perceptual Prisms And Racial Realism: The Good News About A Bad Situation, Jonathan K. Stubbs Jan 1994

Perceptual Prisms And Racial Realism: The Good News About A Bad Situation, Jonathan K. Stubbs

Law Faculty Publications

A moment of critical reflection seems appropriate. We are nearly half way through the last decade of the last century of this millennium. The Cold War has abated (at least temporarily) and the United States remains a world leader in human rights protections. Eastern European countries and the former Soviet Republics are taking fledgling steps toward creating stable democratic institutions. Nevertheless, widespread challenges face the world community--civil wars in numerous countries, nµclear proliferation, and the AIDS epidemic . . . .

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Denying Due Process In The Florida Courts: A Commentary On The 1994 Medicaid Third-Party Liability Act Of Florida, William W. Van Alstyne Jan 1994

Denying Due Process In The Florida Courts: A Commentary On The 1994 Medicaid Third-Party Liability Act Of Florida, William W. Van Alstyne

Faculty Publications

No abstract provided.

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Rewriting Beginnings: The Lessons Of Gautreaux, 28 J. Marshall L. Rev. 57 (1994), Janet Koven Levit Jan 1994

Rewriting Beginnings: The Lessons Of Gautreaux, 28 J. Marshall L. Rev. 57 (1994), Janet Koven Levit

UIC Law Review

No abstract provided.

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Fundamental Rights In The "Gray" Area: The Right Of Privacy Under The Minnesota Constitution, Michael K. Steenson Jan 1994

Fundamental Rights In The "Gray" Area: The Right Of Privacy Under The Minnesota Constitution, Michael K. Steenson

Faculty Scholarship

This Article explores the constitutional aspects of Minnesota privacy law. Part II briefly explains federal privacy law to provide a baseline for consideration of privacy law in Minnesota. Part III examines the right of privacy as it has evolved in the Minnesota common law. Part IV evaluates the Minnesota Supreme Court's application of federal privacy standards and then examines the court's decisions that outline the right of privacy under the Minnesota Constitution. Part V concludes by raising questions concerning the potential application of the court's concept of privacy under the Minnesota Constitution as applied to two areas: same-sex marriages and …

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The Prevalence Of Social Science In Gay Rights Cases: The Synergistic Influences Of Historical Context, Justificatory Citation, And Dissemination Efforts, Patricia J. Falk Jan 1994

The Prevalence Of Social Science In Gay Rights Cases: The Synergistic Influences Of Historical Context, Justificatory Citation, And Dissemination Efforts, Patricia J. Falk

Law Faculty Articles and Essays

Disjunctive legal change is often accompanied by a period of frantic activity as the competing forces of stasis and evolution vie for domination. Nowhere is the battle for legal change likely to be more sharply joined than when the findings of modern science, in their varied and multifarious forms, are pitted directly against prevailing moral or societal precepts. One of the latest incarnations of this trend is the battle over the legal recognition of gay "rights." In recent history, the courts have been inundated by gay litigants seeking the rights and protections already afforded other discrete groups within society. In …

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Section 1983 Litigation In The Ohio Courts: An Introduction For Ohio Lawyers And Judges, Steven H. Steinglass Jan 1994

Section 1983 Litigation In The Ohio Courts: An Introduction For Ohio Lawyers And Judges, Steven H. Steinglass

Law Faculty Articles and Essays

This review of § 1983 litigation in the Ohio courts has three principal goals. First, it provides an introduction to state court § 1983 litigation for Ohio lawyers and judges. Commentators have recognized the importance of state court § 1983 litigation, and the Supreme Court has begun to pay greater attention to state court § 1983 cases. Nonetheless, most § 1983 materials focus on the federal courts. Moreover, the few works addressing litigation of § 1983 claims in state courts either lack an Ohio focus or, where there is such a focus, deal narrowly with specific Ohio issues. This article …

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With All Deliberate Speed? A Reply To Professor Sunstein, Marc A. Fajer Jan 1994

With All Deliberate Speed? A Reply To Professor Sunstein, Marc A. Fajer

Indiana Law Journal

No abstract provided.

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Homosexuality And The Constitution, Cass R. Sunstein Jan 1994

Homosexuality And The Constitution, Cass R. Sunstein

Indiana Law Journal

No abstract provided.

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The Remedial Use Of Race-Based Redistricting After Shaw V. Reno, David O. Barrett Jan 1994

The Remedial Use Of Race-Based Redistricting After Shaw V. Reno, David O. Barrett

Indiana Law Journal

No abstract provided.

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St. Mary's Honor Center V. Hicks: The Title Vii Shifting Burden Stays Put, Norma G. Whitis Jan 1994

St. Mary's Honor Center V. Hicks: The Title Vii Shifting Burden Stays Put, Norma G. Whitis

Loyola University Chicago Law Journal

No abstract provided.

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Desegregation As A Two-Way Street: The Aftermath Of United States V. Fordice, Chaka M. Patterson Jan 1994

Desegregation As A Two-Way Street: The Aftermath Of United States V. Fordice, Chaka M. Patterson

Cleveland State Law Review

As a result of the problems encountered by these various proposals, I propose a plan of my own that preserves HBUs to the extent that they are desegregated along with the white institutions rather than just eliminated. In this way, the burdens of integration are shared in both communities by both sets of institutions. More specifically, with respect to higher education in Mississippi, I propose the following solution to address the current situation: first, Mississippi should close or merge some of the HWUs but not the HBUs for the reasons previously articulated and then adopt a two tier system of …

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Shaky Grounds: The Case Against The Case Against Antidiscrimination Laws, Peter Siegelman Jan 1994

Shaky Grounds: The Case Against The Case Against Antidiscrimination Laws, Peter Siegelman

Faculty Articles and Papers

Reviewing: Richard Epstein, Forbidden Grounds: The Case against Employment Discrimination Laws. Cambridge, Mass.: Harvard University Press, 1991.

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Urban Housing: A Strategic Role For The States, Peter W. Salsich Jan 1994

Urban Housing: A Strategic Role For The States, Peter W. Salsich

All Faculty Scholarship

The author argues that states have both the capacity and the opportunity to play a leading role in revitalizing national housing policy. At a time when federal housing programs were declining, state administered housing programs came to the forefront. Detailing the growth of state administered housing policies, the article notes that creative, diverse, flexible, and community planned affordable housing programs being funded by states. States also have opportunities for leadership in housing through coordinated application of state zoning powers in conjunction with state administration of federal housing programs. In conclusion, the article recommends gradually phasing out centralized federal housing in …

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The Right Not To Endorse Gay Rights: A Reply To Sunstein, Craig M. Bradley Jan 1994

The Right Not To Endorse Gay Rights: A Reply To Sunstein, Craig M. Bradley

Indiana Law Journal

No abstract provided.

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A Paradigm For Sexual Harassment: Toward The Optimal Level Of Loss, Marie T. Reilly Jan 1994

A Paradigm For Sexual Harassment: Toward The Optimal Level Of Loss, Marie T. Reilly

Faculty Scholarship

This article proposes a paradigm that draws from the common-law rule of negligence. It defines actionable sexual conduct in the workplace in terms of the cost of precautionary conduct and the increased safety such precaution would have yielded. Like the rule of negligence, the proposed paradigm creates incentives for men and women to take steps to prevent sexual conduct loss to the point at which the cost of an additional increment of precaution is equal to the value of the reduction in risk of loss. This point is the optimal level of precaution. After this point, additional precaution might further …

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Gay Rights Through The Looking Glass: Politics, Morality, And The Trial Of Colorado's Amendment 2, Suzanne B. Goldberg Jan 1994

Gay Rights Through The Looking Glass: Politics, Morality, And The Trial Of Colorado's Amendment 2, Suzanne B. Goldberg

Faculty Scholarship

Courts have long struggled to resolve the question of how far a community may go in exercising its power to treat minority members differently. Popular prejudice, "community morality" and invidious stereotypes repeatedly have had their day in court as judges work to reconcile equal protection and privacy rights with their own attitudes about the place of people of color, women and gay people in society. In the early 1990s, the tension between the American ideal of equality and the reality of human diversity starkly emerged. A national wave of citizen-sponsored initiatives seeking to amend state constitutions and local charters to …

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Beware That False First Step, David R. Fine Jan 1994

Beware That False First Step, David R. Fine

Kentucky Law Journal

No abstract provided.

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Can Wrongs Be Rights? Why A "Conservative" Might Support Legal Protection For Gay And Lesbian People, Marie Failinger Jan 1994

Can Wrongs Be Rights? Why A "Conservative" Might Support Legal Protection For Gay And Lesbian People, Marie Failinger

Faculty Scholarship

This article addresses the moral argument about what the state should do to protect the civil rights of those who identify as gay or lesbian. It does not address morality but rather focuses on civil rights, arguing that the two issues are different and should thus be thought of differently by Christians. Using an analogy, the author offers an entrance point to the discussion of homosexual rights by concerning the rights of a smoker. It covers (1) what is at stake in offering protection to homosexual people, (2) the civic argument for civil rights, and (3) the moral balancing argument …

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St. Mary's Honor Center V. Hicks: Questioning The Basic Assumption, Deborah Calloway Jan 1994

St. Mary's Honor Center V. Hicks: Questioning The Basic Assumption, Deborah Calloway

Faculty Articles and Papers

No abstract provided.

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“Endgame”: Competency And The Execution Of Condemned Inmates—A Proposal To Satisfy The Eighth Amendment's Prohibition Against The Infliction Of Cruel And Unusual Punishment, Roberta M. Harding Jan 1994

“Endgame”: Competency And The Execution Of Condemned Inmates—A Proposal To Satisfy The Eighth Amendment's Prohibition Against The Infliction Of Cruel And Unusual Punishment, Roberta M. Harding

Law Faculty Scholarly Articles

The first section of this Article provides a brief historical overview of the proscription against executing the incompetent and the proffered rationales. This section also examines key factors contributing to the increase in the number of mentally dysfunctional condemned inmates. Then the Article explores the traditional competency-to-execute model that remains in use. This analysis will include a discussion of specific issues, such as: the term used to describe the requisite mental affliction, how that term is defined in order to identify who may ultimately benefit from the rule in Ford v. Wainwright, what standard is appropriate to determine whether …

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The Americans With Disabilities Act In The Unionized Workplace, Ann C. Hodges Jan 1994

The Americans With Disabilities Act In The Unionized Workplace, Ann C. Hodges

University of Miami Law Review

No abstract provided.

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Private Rights In Public Places: A Weighty Issue, Shari J. Ronkin Jan 1994

Private Rights In Public Places: A Weighty Issue, Shari J. Ronkin

University of Miami Law Review

No abstract provided.

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Operation Rescue Versus A Woman's Right To Choose: A Conflict Without A Federal Remedy?, Randolph M. Mclaughlin Jan 1994

Operation Rescue Versus A Woman's Right To Choose: A Conflict Without A Federal Remedy?, Randolph M. Mclaughlin

Elisabeth Haub School of Law Faculty Publications

This article discusses the need for federal protection of women seeking abortion-related services and the denial of protection of those women by the Supreme Court's narrow holding in Bray. Part II examines the precedents leading up to the Bray decision. A review of these cases demonstrates that Operation Rescue is a national conspiracy aimed at eliminating the right to abortion. The group uses physical force and blockades clinics in order to deny women and health care workers access to these facilities. In light of the inability or unwillingness of local law enforcement agencies to provide access to the clinics and …

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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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The Americans With Disabilities Act In The Unionized Workplace, Ann C. Hodges Jan 1994

The Americans With Disabilities Act In The Unionized Workplace, Ann C. Hodges

Law Faculty Publications

This Article explores the issues raised by application of the ADA in the organized employment setting. The Article begins with an overview of the statute and then analyzes its applicability in the unionized workplace. In addition to recommending changes in the statute and regulations to clarify the obligations of employers and unions under the ADA, the Article makes recommendations with respect to judicial interpretation of the statute in three major areas. In Sections III C through E, the Article analyzes the circumstances under which the union should be held liable for discrimination, recommending that courts assess liability based on the …

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Dealing With Sexual Harrassment In The Workplace: The Promise And Limitations Of Human Rights Discourse, Fay Faraday Jan 1994

Dealing With Sexual Harrassment In The Workplace: The Promise And Limitations Of Human Rights Discourse, Fay Faraday

Osgoode Hall Law Journal

This paper examines the value of liberal rights in launching a political movement against sexual harassment, while reassessing their limitations for changing the practice of harassment. For rights to benefit women, decision makers must mean the same thing women do when speaking of sexual harassment. The paper analyzes how dominant ideology misshapes the delivery of rights against sexual harassment, normalizes male aggression, and reconstructs the struggle into one not about power but about taste, free speech, and a conflict between abstract rights. The paper examines how other rights discourses can empower women to combat harassment in a proactive way.

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Legal Indeterminacy, Judicial Discretion And The Mexican-American Litigation Experience: 1930-1980, George A. Martinez Jan 1994

Legal Indeterminacy, Judicial Discretion And The Mexican-American Litigation Experience: 1930-1980, George A. Martinez

Faculty Journal Articles and Book Chapters

This article explores a jurisprudential point: legal indeterminacy in the context of Mexican-American civil rights litigation. The article argues that because of legal uncertainty or indeterminacy the resolution of key issues was not inevitable. Judges often had discretion to reach their conclusions. In this regard, the article concludes that the courts generally exercised their discretion by taking a position on key issues against Mexican-Americans. The article points out that exposing the exercise of judicial discretion and the lack of inevitability in civil rights cases is important for two major reasons. At one level, exposing the exercise of judicial discretion is …

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