Civil Rights and Discrimination Commons^™

Reforming Florida's Juvenile Justice System: A Case Example Of Bobby M. V. Chiles, Jodi Siegel

Florida State University Law Review

No abstract provided.

Report And Recommendations Of The Florida Supreme Court Racial And Ethnic Bias Commission, Florida Supreme Court Racial And Ethnnic Bias Study Commission

Florida State University Law Review

No abstract provided.

Addendum To The Report And Recommendations Of The Florida Supreme Court Racial And Ethnic Bias Study Commission, Florida Supreme Court Racial And Ethnnic Bias Study Commission

Florida State University Law Review

No abstract provided.

The Bench And The Ballot: Applying The Protections Of The Voting Rights Act To Judicial Elections, Brenda Wright

Florida State University Law Review

No abstract provided.

Separating The Objective, The Subjective, And The Speculative: Assessing Compensatory Damages In Fair Housing Adjudications, 26 J. Marshall L. Rev. 3 (1992), Alan W. Heifetz, Thomas C. Heinz

UIC Law Review

No abstract provided.

Counseling A Victim Of Racial Discrimination In A Fair Housing Case, 26 J. Marshall L. Rev. 53 (1992), Michael P. Seng, Jay Einhorn, Merilyn D. Brown

UIC Law Review

No abstract provided.

Bray V. Alexandria Women's Health Clinic: The Supreme Court's Next Opportunity To Unsettle Civil Rights Law, Randolph M. Mclaughlin

Elisabeth Haub School of Law Faculty Publications

The legislative history of the Ku Klux Klan Act of 1871 is scrutinized to determine the factual predicate that led to the enactment of 42 U.S.C. § 1985(3) and the classes Congress sought to protect under its provisions. The legislative history is also analyzed to determine which rights Congress sought to protect in § 1985(3). Part III discusses the Supreme Court's misinterpretation of the statute and attempts to provide guidance as to the proper outcome in Bray.

"We Are The People": Alien Suffrage In German And American Perspective, Gerald L. Neuman

Michigan Journal of International Law

This article will explore the constitutional debate over alien suffrage in the FRG, both for its own interest and in order to compare it with understandings of alien suffrage in the United States. As the interdependence of national economies deepens and regional "common market" arrangements multiply, more nations (including the United States) may be called upon to rethink the question of alien suffrage. The thoroughness and the explicitness with which the German legal community has debated this issue has brought to the surface arguments and assumptions that remain latent in U.S. commentary on the political status of aliens. Thus, the …

Civil Rights In The Islamic Constitutional Tradition: Shared Ideals And Divergent Regimes, 25 J. Marshall L. Rev. 267 (1992), Abdullahi Ahmed An-Na' Im

UIC Law Review

No abstract provided.

The Mental Anguish And Humiliation Suffered By Victims Of Housing Discrimination, 26 J. Marshall L. Rev. 39 (1992), Larry Heinrich

UIC Law Review

No abstract provided.

Tuskegee Modern, Or Group Rights Under The Constitution, Richard A. Epstein

Kentucky Law Journal

No abstract provided.

The Question Of Family: Lesbians And Gay Men Reflecting A Redefined Society, Libby Post

Fordham Urban Law Journal

The cutting edge issue in the gay community is now the fight for domestic partnership rights. The absence of domestic partnership rights have resulted in the unequal treatment of an entire class of citizens, with gays and lesbians routinely denied jobs, housing, economic benefits such as health care, insurance, public accommodations, and may even result in these individuals being fired or facing eviction solely because of their sexual orientation. The author argues that to rectify these injustices, we must redefine the definition of family to be more in line with that used in New York's Braschi v. Stahl Assocs. Co., …

Of Boroughs, Boundaries And Bullwinkles: The Limitations Of Single-Member Districts In A Multiracial Context, Judith Reed

Fordham Urban Law Journal

This essay examines the 1991 New York Ciity Council districting, with particular focus on the problems inherent in districting a multiracial city and the limitations of single member districts as a method of minority empowerment. The essay examines specific New York City Council districts that contain more than one minority group and concludes that electing council members from at-large, borough-wide districts by cumulative voting is a more effective districting strategy to structure majoritarian collective decision-making bodies that ensure meaningful minority interest representation and participation. .

Forced Out Of The Closet: Sexual Orientation And The Legal Dilemma Of "Outing", David H. Pollack

University of Miami Law Review

No abstract provided.

Unemployment Compensation: Women And Children-The Denials, Elizabeth F. Thompson

University of Miami Law Review

No abstract provided.

Religious Liberty In The Military: The First Amendment Under "Friendly Fire", Kenneth Lasson

All Faculty Scholarship

Though freedom of religion remains one of our most cherished values, it is still among the most controversial of constitutional rights. This is especially true in the context of military service. Even those who purposefully enlist in the armed forces, implicitly giving up certain liberties they freely enjoyed as civilians, would not relinquish their freedom of conscience. Yet the right to practice their religious beliefs, unfettered by arbitrary governmental restrictions, is regularly challenged.

Fortunately, however, most western cultures regard religious liberty as so fundamental that their military establishments routinely develop regulations to accommodate specific religious practices.

This principle was of …

Critical Analysis Of Judicial Attempts To Reconcile The United States-Japan Friendship, Commerce And Navigation Treaty With Title Vii, A , Jeffrey J. Mayer

Northwestern Journal of International Law & Business

This paper offers a practical solution to the conflict between civil rights and economic growth through a new, but sensible, interpretation of the "right to choose" provision. Part I explains the conflicting rulings of the five Courts of Appeals that have addressed this issue. Part II concludes that the courts' various reconciliations between Title VII and the Japan FCN Treaty are, in each case, impossible to apply consistently or fairly. Courts have wrongly attempted to preserve the protections of Title VII for American employees of foreign corporations by asking factfinders to draw impossibly fine distinctions between permissible and prohibited criteria …

Reflections On Recent Remarks Of "That Unnecessary And Dangerous Officer", Roger J. Miner '56

Flag Day & Law Day Ceremonies

No abstract provided.

Ellison V. Brady: A Legal Compromise With Reality In Cases Of Sexual Harassment, Patricia J. Almony

Villanova Law Review (1956 - )

No abstract provided.

The Need For Affordable Housing: The Constitutional Viability Of Inclusionary Zoning, 26 J. Marshall L. Rev. 75 (1992), Serena M. Williams

UIC Law Review

No abstract provided.

Executive Veto, Congressional Compromise, And Judicial Confusion: The 1991 Civil Rights Act - Does It Apply Retroactively?, Linda Urbanik

Loyola University Chicago Law Journal

No abstract provided.

Civil Actions For Emotional Distress And R.A.V. V. City Of St. Paul, Michael K. Steenson

Faculty Scholarship

The law of emotional distress is characterized by judicial reluctance to create and expand remedies for emotional injuries. The issue here is whether the Court's decision in R.A.V. v. City of St. Paul will impose further limitations on the right to recover civil damages for the intentional infliction of emotional injury, particular emotional injuries resulting from hate speech. This symposium first examines the applicability of the tort to redress claims based on abusive epithets based on the victim's race, gender, or sexual orientation. The symposium then argues that using this tort in cases involving hate speech should not create constitutional …

Legislative Purpose And Equal Protection's Rationality Review, Robert C. Farrell

Villanova Law Review (1956 - )

No abstract provided.

Chisom V. Roemer: Where Do We Go From Here?, Randolph M. Mclaughlin

Elisabeth Haub School of Law Faculty Publications

In Chisom and Houston Lawyers' Association, the Court declined to address two substantive issues critical for pending and future litigation challenging the at-large election of state judges. The Court expressly stated that it would not decide the elements that must be proved to establish a violation of section 2 or the remedy that would be appropriate for a violation proven in the context of a judicial election. Part II will discuss the Chisom and Houston Lawyers' Association decisions. Analysis of these decisions, combined with a review of the legislative history, supports the Court's view of the amended section 2. In …

Another Step Towards Ending Discrimination In The Jury Selection Process - Powers V. Ohio, L. Phillip Hornthal Iii

Campbell Law Review

This Note has four objectives. First, this Note will review the constitutional history behind Powers, involving racially motivated discrimination in the jury selection process. Second, this Note will analyze and discuss the Powers decision. Third, this Note will attempt to ascertain the impact of the decision. Finally, this Note will suggest that while Powers marks progress in the right direction, there are other important questions that need to be resolved before the jury selection process will be totally free from discrimination.

The New Aids Look Back Statute: Contact Tracing In The Health Care Setting - A Step In The Wrong Direction, 25 J. Marshall L. Rev. 769 (1992), Margery M. Tamburro

UIC Law Review

No abstract provided.

The Gender Gap: Separating The Sexes In Public Education, Sharon K. Mollman

Indiana Law Journal

No abstract provided.

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 …

Judicial And Administrative Interpretations Of The Bona Fide Occupational Qualification As Applied To The Age Discrimination In Employment Act, Tracy Karen Finkelstein

Cleveland State Law Review

This note will examine administrative and judicial standards used to prevent age discrimination in employment decisions. The first section will analyze the ADEA, enacted in response to the growing concern about age discrimination. The second section will discuss the Bona Fide Occupational Qualification exception to the ADEA's prohibition against age discrimination. Finally, the concerns particular to the airline industry regarding its age-related policies will be presented together with the responses of the FAA, the Equal Employment Opportunity Commission, and the judiciary in an attempt to clarify and resolve the difficulties inherent in situations where safety is a major concern.

Employment Discrimination—Title Vii Prohibits Fetal Protection Policy That Excludes All Fertile Women From Positions Involving Lead Exposure. International Union, United Auto Workers V. Johnson Controls, Inc., 111 S. Ct. 1196 (1991)., Edie Renee Ervin

University of Arkansas at Little Rock Law Review

No abstract provided.