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Articles 12481 - 12510 of 14884

Full-Text Articles in Civil Rights and Discrimination

Equity In Public Education: School-Finance Reform In Michigan, William S. Koski Oct 1992

Equity In Public Education: School-Finance Reform In Michigan, William S. Koski

University of Michigan Journal of Law Reform

This Note argues that the only adequate compromise between the pressure to limit taxes and the need to provide both educational quality and equity is to institute a form of full-state funded education. Part I of this Note briefly defines equity in public education and discusses the importance of increasing equity. Part II discusses other values and concerns that arise in the school-finance debate, such as liberty, local control, efficiency, and quality of education. Part III considers several fundamental school-finance alternatives. Part IV provides a historical overview of Michigan school finance reform and a description of the current State School …

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Eliminating Fear Through Comparative Risk: Docs, Aids And The Anti-Discrimination Ideal, Sidney D. Watson Oct 1992

Eliminating Fear Through Comparative Risk: Docs, Aids And The Anti-Discrimination Ideal, Sidney D. Watson

Buffalo Law Review

No abstract provided.

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Discrimination In The Legal Profession, Codes Of Professional Conduct And The Duty Of Non-Discrimination, Christ Tennant Oct 1992

Discrimination In The Legal Profession, Codes Of Professional Conduct And The Duty Of Non-Discrimination, Christ Tennant

Dalhousie Law Journal

This paper is about discrimination in the legal profession, and about the kinds of responses to discrimination that the legal profession should be considering. I begin with a review of the various forms of discrimination which exist in the legal profession. Discrimination in the legal profession ranges from the exclusion of the members of certain groups from parts of the profession, to sexual harassment, to discrimination in our courts, to the exclusion and deprecation of the perspectives and experiences of those who have not traditionally beenin positions of power. Discrimination in the legal profession occurs against women, against aboriginal people, …

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Public Housing And Equality Rights - Dartmouth/Halifax County Regional Housing Authority V. Irma Sparks, Stephen G. Coughlan Oct 1992

Public Housing And Equality Rights - Dartmouth/Halifax County Regional Housing Authority V. Irma Sparks, Stephen G. Coughlan

Dalhousie Law Journal

In Dartmouth/HalifaxCounty Regional Housing Authority v. Sparks, courts in Nova Scotia are once again called upon to consider whether tenants in public housing are entitled to the same protection as private tenants. The Supreme Court Appeal Division decided in Bernard v. Dartmouth Housing Authority that shorter notice periods for public housing tenants were not objectionable, under either s. 7 or s. 15 of the Charter. The issue will now return to the Court of Appeal, but in the meantime the County Court has held that Bernard still sets the standard in Nova Scotia.

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Aboriginal Peoples And Criminal Justice: A Special Report Of The Law Reform Commission Of Canada, Bruce P. Archibald Oct 1992

Aboriginal Peoples And Criminal Justice: A Special Report Of The Law Reform Commission Of Canada, Bruce P. Archibald

Dalhousie Law Journal

Canada's criminal justice system has been shaken out of its stolid complacency in recent years by demonstrated instances of unfair treatment of religious, ethnic and racial minorities, and in particular our Aboriginal peoples.' Faced with a hue and cry directed at the justice system, the federal Minister of Justice asked the Law Reform Commission of Canada to study "as a matter of special priority, the Criminal Code and related statutes and to examine the extent to which those laws ensure that Aboriginal persons and persons who are members of cultural or religious minorities have equal access to justice and are …

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The Older Workers Benefit Protection Act: Painting Age-Discrimination Law With A Watery Brush, David A. Niles Oct 1992

The Older Workers Benefit Protection Act: Painting Age-Discrimination Law With A Watery Brush, David A. Niles

Buffalo Law Review

No abstract provided.

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Not Just Another Brown Analysis: A Call For Public Education Reform, North Carolina Central Law Review Oct 1992

Not Just Another Brown Analysis: A Call For Public Education Reform, North Carolina Central Law Review

North Carolina Central Law Review

No abstract provided.

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You've Built The Bridge, Why Don't You Cross It? A Call For State Labor Laws Prohibiting Private Employment Discrimination On The Basis Of Sexual Orientation, David E. Morrison Oct 1992

You've Built The Bridge, Why Don't You Cross It? A Call For State Labor Laws Prohibiting Private Employment Discrimination On The Basis Of Sexual Orientation, David E. Morrison

University of Michigan Journal of Law Reform

The call for legal reform to prevent discrimination on the basis of sexual orientation has been prevalent since at least the 1970s. Part I of this Note examines sexual orientation as a protected status at the federal and state level. Tracing the development of case law interpreting Title VII, it is evident that current federal laws have been of little use to gay men and lesbians. As a result, employment discrimination against homosexuals has been widespread. Part II of this Note discusses how the foundation for reform already has been created at the state level. This foundation began with state …

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An Administrative Battle Of The Forms: The Eeoc's Intake Questionnaire And Charge Of Discrimination, Laurie M. Stegman Oct 1992

An Administrative Battle Of The Forms: The Eeoc's Intake Questionnaire And Charge Of Discrimination, Laurie M. Stegman

Michigan Law Review

This Note argues that the EEOC's interpretation of Title VII as reflected in its regulations is consistent with underlying statutory intent and strikes an appropriate balance between the needs of employers and employees. Therefore, Congress should amend section 706(b) of Title VII of the Civil Rights Act of 1964 to provide that a charge must be verified prior to the commencement of an EEOC investigation but not necessarily within the statutory filing period. Part I examines the legislative history of Title VII and its integrated procedures for obtaining administrative and judicial relief. Part II critiques the various ways in which …

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The Word American Ends In "Can": The Ambiguous Promise Of The American Dream, Jennifer L. Hochschild Oct 1992

The Word American Ends In "Can": The Ambiguous Promise Of The American Dream, Jennifer L. Hochschild

William & Mary Law Review

No abstract provided.

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The Case Against Affirmative Action, Terry Eastland Oct 1992

The Case Against Affirmative Action, Terry Eastland

William & Mary Law Review

No abstract provided.

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Brown Blues: Rethinking The Integrative Ideal, Drew S. Days Iii Oct 1992

Brown Blues: Rethinking The Integrative Ideal, Drew S. Days Iii

William & Mary Law Review

No abstract provided.

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Where's The Politics?: Introduction To Williams, Eastland, Days, And Rabkin, Neal Devins Oct 1992

Where's The Politics?: Introduction To Williams, Eastland, Days, And Rabkin, Neal Devins

William & Mary Law Review

No abstract provided.

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Elements Of Liberal Equality: Introduction To Kirp, Hochschild, And Strauss, Lawrence C. Becker Oct 1992

Elements Of Liberal Equality: Introduction To Kirp, Hochschild, And Strauss, Lawrence C. Becker

William & Mary Law Review

No abstract provided.

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The Survival Of Racism Under The Constitution, Juan Williams Oct 1992

The Survival Of Racism Under The Constitution, Juan Williams

William & Mary Law Review

No abstract provided.

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Retroactive Application Of The Civil Rights Act Of 1991, Kristine N. Mcalister Oct 1992

Retroactive Application Of The Civil Rights Act Of 1991, Kristine N. Mcalister

Vanderbilt Law Review

On November 21, 1991, President Bush signed the Civil Rights Act of 1991 (the "Act") into law. The Act contained a general section stating that its provisions should take effect upon enactment. What the Act did not do, however, is indicate whether it should apply to cases pending at the time of its enactment. Since the Act is more favorable to plaintiffs than was its predecessor, plaintiffs whose cases were pending at the time of its enactment have attempted to amend their complaints to benefit from the new Act's provisions. Congress's failure to indicate whether the Act should apply to …

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Severino V. North Fort Myers Fire Control District: Aids Discrimination In The Workplace-Will Disclosure Leave Hiv-Infected Workers Jobless?, Yvette Ostolaza Sep 1992

Severino V. North Fort Myers Fire Control District: Aids Discrimination In The Workplace-Will Disclosure Leave Hiv-Infected Workers Jobless?, Yvette Ostolaza

University of Miami Law Review

No abstract provided.

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Adea Front Pay Awards: Who Should Determine The Amount?, B. Todd Bailey Sep 1992

Adea Front Pay Awards: Who Should Determine The Amount?, B. Todd Bailey

BYU Law Review

No abstract provided.

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A Curious Document Recently Discovered In The Archives, Peter Tillers Aug 1992

A Curious Document Recently Discovered In The Archives, Peter Tillers

Cardozo Law Review

The document reproduced below, which appears to be a letter written by Peter Pilgrim to "Lash, " was recently discovered in the archives of the library of the Benjamin N. Cardozo School of Law. Peter Pilgrim is the late Doctor of Facts at Cardozo. "Lash" is probably L.H. LaRue, Story Professor of Law at Washli University. Professor LaRue is also known as the Delphic Oracle of Lex, possibly because no one knows for sure what the letters "L.H." represent. The annotations to the text of the putative letter appear to be a mixture of notes by its author and comments …

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Employment Discrimination, John F. Dickinson, F. Damon Kitchen Jul 1992

Employment Discrimination, John F. Dickinson, F. Damon Kitchen

Mercer Law Review

Two trends in the area of employment discrimination law continued during the 1991 survey period. First, there was a continuation of an overall decrease in the number of cases decided. Second, there was a continuation of the trend toward an increased number of age discrimination claims. The overall decline in the number of cases will most likely change dramatically as a result of passage of the Civil Rights Act of 1991. Nevertheless, both the United States Court of Appeals for the Eleventh Circuit and the United States Supreme Court handed down a number of important decisions addressing a variety of …

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Statistics For Wage Discrimination Cases: Why The Statistical Models Used Cannot Prove Or Disprove Sex Discrimination, James T. Mckeown Jul 1992

Statistics For Wage Discrimination Cases: Why The Statistical Models Used Cannot Prove Or Disprove Sex Discrimination, James T. Mckeown

Indiana Law Journal

No abstract provided.

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Eliminating Sex Discrimination In The Legal Profession: The Key To Widespread Social Reform, Suzannah Bex Wilson Jul 1992

Eliminating Sex Discrimination In The Legal Profession: The Key To Widespread Social Reform, Suzannah Bex Wilson

Indiana Law Journal

No abstract provided.

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A Road Less Traveled To A Federal Era, John Paul Jones Jul 1992

A Road Less Traveled To A Federal Era, John Paul Jones

Law Faculty Publications

Professor Jones examines efforts to ratify the federal Equal Rights Amendment which ended unsuccessfully in 1982. He argues that efforts to use the federal courts to fill in the gaps in protection of rights based on gender are likely to fall far short of what the Amendment would have provided, and that a renewed attempt at ratification would likely meet the same fate as the earlier one. He suggests a third alternative, U.S. ratification of the Convention on the Elimination of All Forms of Discrimination against Women, as the most feasible means of achieving the goals of the ERA without …

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Equality And Access To Justice In The Work Of Bertha Wilson, Hester Lessard Jul 1992

Equality And Access To Justice In The Work Of Bertha Wilson, Hester Lessard

Dalhousie Law Journal

Increasingly, Canadians have sought to understand themselves as a community through the language of equality rights. There are several practical and theoretical consequences to this choice of language. One of the practical consequences is that a formal commitment to equality raises public consciousness with regard to material and social disparities and to some extent gives those who are excluded or marginalized at least a rhetorical claim to participation and a share in resources. However, another consequence is that while promoting a rhetoric of respect and individual dignity, equality discourse also places a disproportionate amount of power in the hands of …

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Police Implementation Of Supreme Court Of Canada Charter Decisions: An Empirical Study, Kathryn Moore Jul 1992

Police Implementation Of Supreme Court Of Canada Charter Decisions: An Empirical Study, Kathryn Moore

Osgoode Hall Law Journal

Little empirical research has been done on the Charter's impact on the public policy process. This paper presents the results of an empirical research study designed to fill that gap. The study examined the manner in which a municipal police force and the RCMP implemented changes to procedures following two Supreme Court of Canada Charter decisions. The paper concludes that, while steps have been taken to develop a process by which Supreme Court decisions are implemented, the process would be improved if one body were allocated responsibility for the provision of interim information to the police.

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Banishing The Thirteenth Juror: An Approach To The Identification Of Prosecutorial Racism, Elizabeth Beske Jun 1992

Banishing The Thirteenth Juror: An Approach To The Identification Of Prosecutorial Racism, Elizabeth Beske

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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Tester Standing Under Title Vii, Shannon E. Brown Jun 1992

Tester Standing Under Title Vii, Shannon E. Brown

Washington and Lee Law Review

No abstract provided.

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Retroactive Application Of The Civil Rights Act Of 1991 To Pending Cases, Michele A. Estrin Jun 1992

Retroactive Application Of The Civil Rights Act Of 1991 To Pending Cases, Michele A. Estrin

Michigan Law Review

This Note addresses the applicability of the Civil Rights Act of 1991 to cases pending on the Act's date of enactment. Part I discusses current Supreme Court doctrine on the issue. This Part finds that the Court has endorsed two conflicting views on retroactively applying statutes to pending cases and that the lower federal courts consequently lack a principled framework for dealing with retroactivity issues in the 1991 Act. Part II describes the battle over the Civil Rights Acts of 1990 and 1991 and the subsequent confusion over the enacted statute's reach. This Part finds that Congress provided conflicting textual …

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Polarized Voting And The Political Process: The Transformation Of Voting Rights Jurisprudence, Samuel Issacharoff Jun 1992

Polarized Voting And The Political Process: The Transformation Of Voting Rights Jurisprudence, Samuel Issacharoff

Michigan Law Review

This article attempts to provide an analytic framework for the evolved voting rights law as it confronts the persistent effects of racial factionalism in the electoral arena. Insight into the corrosiveness of racially polarized voting and its frustration of minority electoral opportunity has organized and guided the new voting rights jurisprudence. This article will argue that the combination of process distortions from majority domination of electoral outcomes and substantive deprivation from minority exclusion defines this area of law and protects it against challenge from currently fashionable academic currents. The central insights gathered from the focus on polarized voting, I will …

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Justice For Rodney King, Scott C. Burrell, Alan R. Dial, Thomas W. Mitchell May 1992

Justice For Rodney King, Scott C. Burrell, Alan R. Dial, Thomas W. Mitchell

Faculty Scholarship

May 1992 letter from three Howard University School of Law students to President George H.W. Bush advocating that the United States Department of Justice invoke the Petite Policy to initiate a criminal action against the Los Angeles Police Department police officers responsible for brutally beating Rodney King despite the fact that these offers had been acquitted in a California state court. The letter, which was read in front of the White House by Thomas Mitchell to hundreds of people who had gathered to urge the federal government to take action, sets forth a clear legal basis to permit the Justice …

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