Civil Rights and Discrimination Commons^™

Civil Action No. 84-3040 Defendant's Identification Of Expert Witnesses, United States District Court For The District Of Columbia

Ann B. Hopkins Papers

No abstract provided.

Civil Action No. 84-3040 Plaintiff's Further Answers To Defendant's Interrogatories Relief Phase - Set I, United States District Court For The District Of Columbia

Ann B. Hopkins Papers

No abstract provided.

Civil Action No. 84-3040 Plaintiff's Response To Defendant's Request For Documents, United States District Court For The District Of Columbia

Ann B. Hopkins Papers

No abstract provided.

Civil Action No. 84-3040 Plaintiff's Proposed Findings Of Fact, United States District Court For The District Of Columbia

Ann B. Hopkins Papers

No abstract provided.

Civil Action No. 84-3040 Plaintiff's Brief On Remand, United States District Court For The District Of Columbia

Ann B. Hopkins Papers

No abstract provided.

Civil Action No. 84-3040 Appendix To Defendant's Brief On Remand, United States District Court For The District Of Columbia

Ann B. Hopkins Papers

No abstract provided.

Civil Action No. 84-3040 Defendant's Proposed Findings Of Fact, United States District Court For The District Of Columbia

Ann B. Hopkins Papers

No abstract provided.

Civil Action No. 84-3040 Defendant's Brief On Remand, United States District Court For The District Of Columbia

Ann B. Hopkins Papers

No abstract provided.

A Critical Approach To Section 1983 With Special Attention To Sources Of Law, Jack M. Beermann

Faculty Scholarship

The Civil Rights Act of 1871¹ ("§ 1983") establishes a tort-like remedy for persons deprived of federally protected rights "under color of law."'² While the statute's broad language provides a remedy for violations of federal constitutional and statutory rights, the statute itself provides little or no guidance regarding important subjects such as the measure of damages, the availability of punitive damages, the requirements for equitable relief, the statute of limitations, survival of claims, proper parties, and immunities from suit.³...

...The first part of this article examines the narrowly "legal" analysis of § 1983 in the cases …

Civil Action No. 84-3040 Notice Of Deposition - Request For Documents, United States District Court For The District Of Columbia

Ann B. Hopkins Papers

No abstract provided.

Civil Action No. 84-3040 Defendant's Interrogatories Relief Phase - Set I, United States District Court For The District Of Columbia

Ann B. Hopkins Papers

No abstract provided.

Civil Action No. 84-3040 Order, United States Court Of Appeals For The District Of Columbia Circuit

Ann B. Hopkins Papers

No abstract provided.

Civil Action No. 84-3040 Plaintiff's Discovery Requests Relief Phase - Set I (Revised), United States District Court For The District Of Columbia

Ann B. Hopkins Papers

No abstract provided.

No. 84-3040 Order 1989-10-03, United States District Court For The District Of Columbia

Ann B. Hopkins Papers

No abstract provided.

Constitutional Law—Civil Rights—State's Failure To Protect Child From Known Abuse Does Not Trigger Liability Under Section 1983. Deshaney V. Winnebago County Department Of Social Services, 109 S. Ct. 998 (1989)., Sarah J. Hefley

University of Arkansas at Little Rock Law Review

No abstract provided.

"Sentencing And Visible Minorities: Equality And Affirmative Action In The Criminal Justice System", Bruce P. Archibald

Dalhousie Law Journal

The Canadian criminal justice system is facing serious criticism for being racist. Certain Canadian laws and judicial decisions in the past have made the legal system an easy target for such charges. Canadian governments have acknowledged the problems of racism in Canadian society, and provincial and federal human rights legislation exemplify efforts to eradicate racial discrimination. However, racial discrimination persists in Canadian society and the criminal justice system occupies a particularly sensitive place in controversies over the role of the state in these problems. Moreover, the equality provisions in the Canadian Charter of Rights and Freedoms have quite properly raised …

Title Vii Remedies: Reinstatement And The Innocent Incumbent Employee, Larry M. Parsons

Vanderbilt Law Review

Congress enacted Title VII of the Civil Rights Act of 19641 twenty-five years ago. Through Title VII Congress sought to remove artificial barriers that limited employment opportunities for minorities. The statute is not limited, however, to prohibiting race discrimination. Title VII directly confronts the problem of discrimination in the workplace by prohibiting employment decisions based on the race, color, religion, sex, or national origin of the employee or applicant. The Act prohibits an employer from favoring one group of employees over another due to irrelevant characteristics and classifications.

Title VII litigation occupies a significant portion of the federal docket. The …

An Abused Child's Right To Life, Liberty, And Property In The Home: Constitutional Approval Of State Inaction, Michael J. Florio

West Virginia Law Review

No abstract provided.

Female Faces Are Still A Rarity Atop U.S Corporate Ladder, Barbara Coleman

Ann B. Hopkins Papers

No abstract provided.

Race And The Police Power: 1890 To 1937, Richard A. Epstein

Washington and Lee Law Review

No abstract provided.

Civil Action No. 85-6052 Order, United States Court Of Appeals For The District Of Columbia Circuit

Ann B. Hopkins Papers

No abstract provided.

Retroactive Reimbursement: The Standard Of Review For A Parent’S Unilateral Placement Under The Education For All Handicapped Children Act, Julie Price Passman

Cardozo Law Review

No abstract provided.

Habeas Corpus Committee - Correspondence, Lewis F. Powell, Jr.

Habeas Corpus Committee

No abstract provided.

Challenging Discriminatory Guesswork: Does Impact Analysis Apply, Michael A. Middleton

Faculty Publications

This article initially examines the traditional theories of proof in Title VII cases. It then discusses approaches by lower courts in resolving the competing concerns raised in applying those traditional theories in challenges to subjective selection devices. This article next discusses the Supreme Court's resolution of the problem in Watson and suggests a workable alternative resolution that will not undermine the broad prophylactic purposes of Title VII.

System-Wide Title Vi Regulation Of Higher Education, 1968-1988: Implications For Increased Minority Participation, John B. Williams

Trotter Review

In 1964, 300,000 blacks were enrolled in the nation’s higher education system, most of them attending black colleges and universities in the South; 4,700,000 whites attended colleges during the same year. With passage of the 1964 Civil Rights Law, the federal government acknowledged an inequity in blacks’ opportunity to attend college and gave promise of becoming a major source of pressure for desegregating higher education. But the potential of Title VI, the promise of government intervention to accomplish greater equity, has never been fulfilled.

Specifically, Title VI renders discriminatory agencies and institutions, including colleges and universities, ineligible to receive federal …

Wrestling With Bias, Daniel Seligman

Ann B. Hopkins Papers

No abstract provided.

Adverse Inferences From Silence, Department Of Justice Office Of Legal Policy

University of Michigan Journal of Law Reform

This Report, the eighth in the Truth in Criminal Justice series, assesses the rules relating to the evidentiary consideration of the defendant's silence. Its general conclusion is that the existing restrictive rules in this area are unjustified impediments to the search for truth. The notion that the fifth amendment's prohibition of compelling a person in a criminal case to be a witness against himself bars drawing adverse inferences from the defendant's silence is not well-founded. In practical effect, these rules impede the conviction of the guilty by barring consideration of an aspect of the defendant's conduct-his failure to respond to …

Decoding Richmond: Affirmative Action And The Elusive Meaning Of Constitutional Equality, Michel Rosenfeld

Articles

The article critiques the Supreme Court's inconsistent approach to affirmative action, particularly its adoption of the strict scrutiny test in *City of Richmond v. J.A. Croson Co.*, which has led to confusion and conflict in equal protection jurisprudence. The author argues that the strict scrutiny test is an inadequate framework for addressing affirmative action cases, advocating instead for a substantive equality approach centered on the principle of equality of opportunity. This approach would better address the complexities of systemic discrimination and its multifaceted effects, as highlighted by Justice Marshall's ecological mode of interpretation in *Croson*. The article ultimately challenges the …

The Admission Of Criminal Histories At Trial, Department Of Justice Office Of Legal Policy

University of Michigan Journal of Law Reform

As part of a continuing series of studies on impediments to the search for truth in criminal investigation and adjudication, the Office of Legal Policy has carried out a review of the law governing the admission of the criminal records of defendants and other persons at trial. The results of this review are set out in this Report.

The Sixth Amendment Right To Counsel Under The Massiah Line Of Cases, Department Of Justice Office Of Legal Policy

University of Michigan Journal of Law Reform

The sixth amendment guarantees to the accused in a criminal prosecution the right "to have the Assistance of Counsel for his defence." In Massiah v. United States, the Supreme Court held this right was violated when there was used against the defendant at trial evidence of incriminating statements deliberately elicited from him by an informant after he had been indicted and in the absence of counsel. In effect, this decision and others that 'followed have created a new constitutional right not to be questioned about pending charges prior to trial except in the presence of an attorney.

One consequence …