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Articles 12691 - 12720 of 14884

Full-Text Articles in Civil Rights and Discrimination

Voluntary Affirmative Action In Employment For Women And Minorities Under Title Vii Of The Civil Rights Act: Extending Possibilities For Employers To Engage In Preferential Treatment To Achieve Equal Employment Opportunity, 24 J. Marshall L. Rev. 731 (1991), Chris Engels Jan 1991

Voluntary Affirmative Action In Employment For Women And Minorities Under Title Vii Of The Civil Rights Act: Extending Possibilities For Employers To Engage In Preferential Treatment To Achieve Equal Employment Opportunity, 24 J. Marshall L. Rev. 731 (1991), Chris Engels

UIC Law Review

No abstract provided.


Battered Spouses' Section 1983 Damage Actions Against The Unreponsive Police After Deshaney, James T.R. Jones Jan 1991

Battered Spouses' Section 1983 Damage Actions Against The Unreponsive Police After Deshaney, James T.R. Jones

West Virginia Law Review

No abstract provided.


An Equal Right To Fight: An Analysis Of The Constitutionality Of Laws And Polices That Exclude Women From Combat In The United States Military, Kathy L. Snyder Jan 1991

An Equal Right To Fight: An Analysis Of The Constitutionality Of Laws And Polices That Exclude Women From Combat In The United States Military, Kathy L. Snyder

West Virginia Law Review

No abstract provided.


The Americans With Disabilities Act: Analysis And Implications Of A Second-Generation Civil Rights Statute, Robert L. Burgdorf Jr. Jan 1991

The Americans With Disabilities Act: Analysis And Implications Of A Second-Generation Civil Rights Statute, Robert L. Burgdorf Jr.

Journal Articles

Martin Luther King, Jr. once wrote that our nation's civil rights laws were a "sparse and insufficient collection of statutes ... barely a naked framework."' On their faces, many federal civil rights statutes constitute little more than broad directives that "Thou shalt not discriminate." Broadly worded statements outlawing discrimination were the optimal approach to statutory draftsmanship in light of the controversial nature of the civil rights laws passed in the 1960s and 1970s. The drafters of these statutes needed to craft language that would be palatable to a majority of the members of Congress while still having a meaningful impact …


Symposium On Law And The Homeless: An Introduction, Wes Daniels Jan 1991

Symposium On Law And The Homeless: An Introduction, Wes Daniels

University of Miami Law Review

No abstract provided.


Medical Problems Of The Homeless: Consequences Of Lack Of Social Policy-A Local Approach, Pedro J. Greer Jr. M.D. Jan 1991

Medical Problems Of The Homeless: Consequences Of Lack Of Social Policy-A Local Approach, Pedro J. Greer Jr. M.D.

University of Miami Law Review

No abstract provided.


"Anti-Homeless" Legislation: Unconstitutional Efforts To Punish The Homeless, Donald E. Baker Jan 1991

"Anti-Homeless" Legislation: Unconstitutional Efforts To Punish The Homeless, Donald E. Baker

University of Miami Law Review

No abstract provided.


Stonewalled By Seawall: New York Decision Impedes Legislative Solutions To Affordable Housing Shortage, Suzanne K. Sleep Jan 1991

Stonewalled By Seawall: New York Decision Impedes Legislative Solutions To Affordable Housing Shortage, Suzanne K. Sleep

University of Miami Law Review

No abstract provided.


Will An Increased Minimum Wage Help The Homeless?, Daryl Marc Shapiro Jan 1991

Will An Increased Minimum Wage Help The Homeless?, Daryl Marc Shapiro

University of Miami Law Review

No abstract provided.


Homelessness And The Uses Of Theory: An Analysis Of Economic And Personality Theories Of Property In The Context Of Voting Rights And Squatting Rights, David L. Rosendorf Jan 1991

Homelessness And The Uses Of Theory: An Analysis Of Economic And Personality Theories Of Property In The Context Of Voting Rights And Squatting Rights, David L. Rosendorf

University of Miami Law Review

No abstract provided.


Love Makes A Family--Nothing More, Nothing Less: How The Judicial System Has Refused To Protect Nonlegal Parents In Alternative Families, Barbara Cox Jan 1991

Love Makes A Family--Nothing More, Nothing Less: How The Judicial System Has Refused To Protect Nonlegal Parents In Alternative Families, Barbara Cox

Faculty Scholarship

Part I of this article discusses the legal system's recognition of parental rights and enumerates the possible constitutional, statutory, and equitable theories available for protecting the parental rights of nonlegal parents. Part II considers the cases that have rejected the attempts by members of alternative families to use these theories to obtain this protection. Part III discusses the barriers to political power that will make it extremely difficult and time-consuming to achieve legislative change in these areas, and argues that the courts should use the means available to them currently to protect these nonlegal parents and their children while the …


Flimsy Precedent And Narrow Vision: A Call For Congressional Amendment Of Title Vii And The Ada In Response To Boureslan, Monique C. Lillard Jan 1991

Flimsy Precedent And Narrow Vision: A Call For Congressional Amendment Of Title Vii And The Ada In Response To Boureslan, Monique C. Lillard

Articles

No abstract provided.


Screening Out Worthy Social Security Disability Claimants And Its Effect On Homelessness, Michael Diehl Jan 1991

Screening Out Worthy Social Security Disability Claimants And Its Effect On Homelessness, Michael Diehl

University of Miami Law Review

No abstract provided.


"Equal Members Of The Community": The Public Accommodations Provisions Of The Americans With Disabilities Act, Robert L. Burgdorf Jan 1991

"Equal Members Of The Community": The Public Accommodations Provisions Of The Americans With Disabilities Act, Robert L. Burgdorf

Journal Articles

Nearly three decades ago, four black students sat down at a lunch counter in a Woolworth's store in Greensboro, North Carolina, ordered a cup of coffee, and refused to move until they were served. I Unknown to the four young men at the time, their act of courage would help precipitate a series of sit-in protests and other forms of civil disobedience challenging racial segregation at lunch counters, restaurants, parks, hotels, motels, and other facilities. The desegregation of such places was a principal objective of civil rights protests, lawsuits, and proposals for legislative reform during the early 1960s.2 Equal opportunity …


Note, The Convention For The Elimination Of All Forms Of Discrimination Against Women: Radical, Reasonable, Or Reactionary?, Sarah C. Zearfoss Jan 1991

Note, The Convention For The Elimination Of All Forms Of Discrimination Against Women: Radical, Reasonable, Or Reactionary?, Sarah C. Zearfoss

Michigan Journal of International Law

This Note will explore the merits behind these positions and attempt a resolution. If the potential effect of the Convention can only be to freeze and enshrine sex equality law as it currently exists, one who is interested in achieving changes in the law for the purpose of benefiting women will not want to put her energy into lobbying for ratification. It is therefore important to get past political strategies and determine what promise the Convention might hold for women in the United States. If the United States were to ratify the Convention, what changes, if any, would result?


Self-Determination, Minority Rights, And Constitutional Accommodation: The Example Of The Czech And Slovak Federal Republic, Claudia Saladin Jan 1991

Self-Determination, Minority Rights, And Constitutional Accommodation: The Example Of The Czech And Slovak Federal Republic, Claudia Saladin

Michigan Journal of International Law

Part I of this note will explore the concepts of self-determination and minority rights in international law and their development over time. This is particularly relevant to the countries of Central and Eastern Europe, because these concepts saw their first full flowering in the period during and following the First World War, when those countries gained their independence from the European powers. Part II will discuss the evolution of the constitutional relationship between the Czechs and the Slovaks from the constitution of the first Czechoslovak Republic to the current constitutional reforms of the CSFR. This analysis will show the emerging …


Foreword: Racist Speech On Campus, Kingsley R. Browne Jan 1991

Foreword: Racist Speech On Campus, Kingsley R. Browne

Law Faculty Research Publications

No abstract provided.


Nurturin Rights: An Essay On Women, Peace, And International Human Rights, Barbara Stark Jan 1991

Nurturin Rights: An Essay On Women, Peace, And International Human Rights, Barbara Stark

Michigan Journal of International Law

This essay will explore the relationship between what many view as the two most urgent issues of our time: nurturing rights, and promoting peace.


From Class Actions To Miss Saigon: The Concept Of Representation In The Law, Martha L. Minow Jan 1991

From Class Actions To Miss Saigon: The Concept Of Representation In The Law, Martha L. Minow

Cleveland State Law Review

The representation debates over casting "Miss Saigon" and law school faculties reflect the prevalence of contemporary assumptions about group differences. They reflect arguments made on behalf of historically excluded groups that group membership serves as a proxy for shared experiences and especially common experiences as victims of societal prejudice. Opponents, styled as defenders of neutrality, resist such arguments because they undermine the commitment to treating individuals as individuals. Maybe we can understand the debates better by seeing connections to deeper confusions about the concept of representation throughout our society, made especially vivid in legal and political contexts. If treated as …


Section 1983 And The Parratt Doctrine After Zinermon V. Burch: Ensuring Due Process Rights Or Turning The Fourteenth Amendment Into A Font Of Tort Law, Paul F. Wingenfeld Jan 1991

Section 1983 And The Parratt Doctrine After Zinermon V. Burch: Ensuring Due Process Rights Or Turning The Fourteenth Amendment Into A Font Of Tort Law, Paul F. Wingenfeld

Cleveland State Law Review

Over the last thirty years, the Court has decided a number of cases which illustrate an on-going struggle to find the proper place for section 1983 in the federal court system and, consequently, what ultimately qualifies as adequate procedural due process within the context of the statute. This note will examine the history of Court decisions involving section 1983 in order to provide the proper background for examining the Court's most recent decision in Zinermon v. Burch, a case which itself has added to an already confusing field of legal study. Within this historical background, however, the Court has actually …


Civil Rights: A Call For Qualified Legislative Immunity For City Council Members Under 442 U.S.C. § 1983, Kevin R. Cole Jan 1991

Civil Rights: A Call For Qualified Legislative Immunity For City Council Members Under 442 U.S.C. § 1983, Kevin R. Cole

Washington Law Review

If a city council member engages in legislative conduct that violates a person's clearly established, federally protected rights, should the council member ever be personally liable for civil damages under 42 U.S.C. § 1983? By the end of the 1980s, eight circuit courts of appeals found that absolute legislative immunity prevented local legislators from being held personally liable for their legislative acts. This majority position is misguided. Legal analysis and public policy support qualified, rather than absolute, legislative immunity for city council members in section 1983 cases. Under a rule of qualified legislative immunity, the council member would be liable …


Resurrecting State And Local Race-Conscious Set-Aside Programs, Charlotte F. Westerhaus Jan 1991

Resurrecting State And Local Race-Conscious Set-Aside Programs, Charlotte F. Westerhaus

Indiana Law Journal

No abstract provided.


Civil Rights Clause Jan 1991

Civil Rights Clause

Touro Law Review

No abstract provided.


Doe V. University Of Michigan And Campus Bans On "Racist Speech": The View From Within, Robert A. Sedler Jan 1991

Doe V. University Of Michigan And Campus Bans On "Racist Speech": The View From Within, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.


Thurgood Marshall And The Administrative State, Jonathan Weinberg Jan 1991

Thurgood Marshall And The Administrative State, Jonathan Weinberg

Law Faculty Research Publications

No abstract provided.


The Changing Nature Of Employment Discrimination Litigation, Peter Siegelman, John J. Donohue Iii Jan 1991

The Changing Nature Of Employment Discrimination Litigation, Peter Siegelman, John J. Donohue Iii

Faculty Articles and Papers

Two major pieces of employment discrimination legislation were passed in the early 1990s: the 1991 Civil Rights Act and Americans with Disabilities Act. Using some simple regression models, we examine the effects of this legislation on the volume, content and outcomes of employment discrimination cases filed in federal courts. We find, first, that the volume of discrimination cases nearly doubled between 1992 and 1997, in contrast to a 10 percent decline during the previous 8 years, and despite a sharply falling unemployment rate that–in the past–would have substantially reduced the amount of litigation. We also observe a significant shift in …


Children Without Homes: Rights To Education And To Family Stability, Stanley S. Herr Jan 1991

Children Without Homes: Rights To Education And To Family Stability, Stanley S. Herr

University of Miami Law Review

No abstract provided.


Homelessness: Advocacy And Social Policy, Stephen Wizner Jan 1991

Homelessness: Advocacy And Social Policy, Stephen Wizner

University of Miami Law Review

No abstract provided.


Representing "The Real Deal", Lucie White Jan 1991

Representing "The Real Deal", Lucie White

University of Miami Law Review

No abstract provided.


The Homeless School-Age Child: Can Educational Rights Meet Educational Needs?, Camilla M. Cochrane Jan 1991

The Homeless School-Age Child: Can Educational Rights Meet Educational Needs?, Camilla M. Cochrane

University of Miami Law Review

No abstract provided.