Civil Rights and Discrimination Commons^™

Native American Inmates And Prison Grooming Regulations: Today's Justified Scalps: Iron Eyes V. Henry, William Norman

American Indian Law Review

No abstract provided.

Statutory Misinterpretations: A Legal Autopsy, Eric Schnapper

Articles

If the Supreme Court is willing to learn from past mistakes, the Court would find it particularly instructive to re-examine the now quite numerous civil rights decisions which have failed to survive congressional scrutiny. The United States Reports are today littered with the corpses of short-lived opinions purporting to interpret federal anti-discrimination statutes; most were dead on arrival in the bound volumes. October Term 1988 was a veritable Pickett's Charge of conservative misinterpretation. Patterson v. McLean Credit Union briefly displaced and destroyed much of section 1981; Public Employees Retirement System v. Betts temporarily overran parts of the Age Discrimination in …

A Unified Approach To Causation In Disparate Treatment Cases: Using Sexual Harassment By Supervisors As The Causal Nexus For The Discriminatory Motivating Factor In Mixed Motive Cases, Margaret E. Johnson

All Faculty Scholarship

This Comment examines a unified approach for disparate treatment mixed motives claims paired with sexual harassment claims under Title VII. The Author argues that because of the policy for nondiscriminatory and desegregated work environments embodied in Title VII, and because of the documented harm resulting from sexual harassment, courts should allow the burden of proof to shift to the defendant if the plaintiff demonstrates that her supervisor sexually harassed her, or condoned the harassment, and that the harassing supervisor made an employment decision that was adverse to her.

A Date With Justice: Prostitution And The Decriminalization Debate, Margaret A. Baldwin

Cardozo Journal of Equal Rights & Social Justice

The article critiques the decriminalization of prostitution, arguing that it fails to address the systemic exploitation and violence faced by women in prostitution. The author contends that decriminalization would empower pimps, johns, and legal systems to further exploit women, as it legitimizes their power dynamics. The analysis emphasizes the need to prioritize the survival and empowerment of prostituted women over legal reforms that benefit their exploiters.

Equal Educational Opportunity: The Rehnquist Court Revisits Green And Swann, Brian K. Landsberg

McGeorge School of Law Scholarly Articles

No abstract provided.

Book Review Of Race, Law, And American History, 1700-1990, Davison M. Douglas

Faculty Publications

No abstract provided.

The Dynamics Of Homosocial Reproduction In Academic Institutions, Paula Dressel, Bernadette Weston Hartfield, Ruby L. Gooley

American University Journal of Gender, Social Policy & the Law

No abstract provided.

A Feminist Critique Of Mandatory Arrest: An Analysis Of Race And Gender In Domestic Violence Policy, Miriam H. Ruttenberg

American University Journal of Gender, Social Policy & the Law

No abstract provided.

A Case Of Clothing And Smell Obsession In A Bisexual Adult Woman Marianne Wesson, Marianne Wesson

American University Journal of Gender, Social Policy & the Law

No abstract provided.

There Goes The Neighborhood: The Evolution Of "Family" In Local Zoning Ordinances, William Graham

Touro Law Review

No abstract provided.

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 …

The Latter Stages Of Enforcement Of Equitable Decrees: The Course Of Institutional Reform Cases After Dowell, Rufo, And Freeman, David I. Levine

Faculty Scholarship

No abstract provided.

The Modification Of Equitable Degrees In Institutional Reform Litigation: A Commentary On The Supreme Court's Adoption Of The Second Circuit's Flexible Test, David I. Levine

Faculty Scholarship

No abstract provided.

The Bar Against Challenges To Employment Discrimination Consent Decrees: A Public Choice Perspective, John O. Mcginnis

Articles

No abstract provided.

Reactionary Constitutional Identity, Ruti G. Teitel

Cardozo Law Review

No abstract provided.

The Constitutional Judge: Master Or Slave Of The Constitution?, Dominique Rousseau

Cardozo Law Review

No abstract provided.

What States Owe Outsiders, Matthew D. Adler

Faculty Scholarship

No abstract provided.

The 1991 Supreme Court Term: Review And Outlook, John O. Mcginnis

Articles

The 1991 Supreme Court Term was the first during which justices originally appointed by Presidents Ronald Reagan and George Bush-Sandra Day O'Connor, Antonin Scalia, Anthony Kennedy, David Souter, and Clarence Thomas-constituted a majority. The term's main surprise, however, was that this majority of five-indeed, a majority of six when Chief Justice William Rehnquist, elevated to that position by President Reagan precisely because of his judicial philosophy, is included-did not forge a consistent jurisprudential majority characterized by the strict interpretative approach favored by their sponsoring presidents. While, generally speaking, the Court's decisions certainly continued to represent a departure from the expansive …

The Australian Reluctance About Rights, Hilary Charlesworth

Osgoode Hall Law Journal

This article examines the way in which the Australian legal system protects human rights. It discusses the paucity of constitutionally protected rights and the failure of various attempts made to amend the Constitution in this respect. The paper looks at the inadequacy of the Australian common law and legislation in the protection of rights. It argues that the politics of both federalism and legalism have produced a culture wary of rights discourse. The paper concludes by considering how the Australian protection of rights can be improved and suggests that one way ahead would be to introduce an Australian charter of …

Fairness And Finality: Third-Party Challenges To Employment Discrimination Consent Decrees After The 1991 Civil Rights Act, Marjorie A. Silver

Scholarly Works

In this Article, Professor Silver examines Section 108 of the Civil Rights Act of 1991, which limits challenges to employment practices taken pursuant to employment discrimination consent decreea The Article traces the development of the impermissible collateral attack doctrine, that doctrine's demise in Martin v. Wilks, and Congress' response to Martin as embodied in Section 108. Professor Silver also suggests ways in which Section 108 should be administered to comply with the Due Process Clause and argues for specific additional federal legislation to protect non-litigants or potential third-party challengers as well as to foster the utility and finality of legitimate …

Introduction (Symposium On Municipal Liability), Patricia E. Salkin

Scholarly Works

No abstract provided.

Do African-Americans Need Immersion Schools? The Paradoxes Created By Legal Conceptualization Of Race And Public Education, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.

A Reply To Cummings: Are The Racial Realists Forced To Embrace The Legal Rationale Of The Liberal And Integrationist Structures?, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.

Recent Developments In The Termination Of School Desegregation Decrees, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.

After The Desegregation Era: The Legal Dilemma Posed By Race And Education, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.

Book Review Of Law, Gender And Injustice: A Legal History Of U.S. Women, Linda A. Malone

Popular Media

No abstract provided.

John D. Appel, Robert S. Rifkind

Cardozo Law Review

No abstract provided.

The Civil Rights Act Of 1991 And Disparate Impact: The Response To Factionalism, Donald O. Johnson

University of Miami Law Review

No abstract provided.

Clark Memorandum: Fall 1992, J. Reuben Clark Law Society, J. Reuben Clark Law School

The Clark Memorandum

• Apostles of Equality (Kenneth R. Wallentine)
• Portraits
• A Camelot for Scott (Lew Cramer)
• Heroes for Our Time (Thomas D. Morgan)

Fax: Endorsement Of Bill Clinton, October 4, 1992, Edna Louise Saffy

Saffy Collection - All Textual Materials

A fax sent to members of the American Arab Institute providing the requested endorsement for Bill Clinton.