Civil Rights and Discrimination Commons^™

American Women Face Discrimination In Seeking Employment With And Working For Japanese Companies Operating In The United States, Percy R. Luney Jr.

North Carolina Central Law Review

No abstract provided.

Fetal Protection And The Exclusion Of Women From The Toxic Workplace, Allyson K. Duncan

North Carolina Central Law Review

No abstract provided.

The Steelworkers' Trilogy And The Coal Miners' Trilogy: Is Discrimination An Exception To The Rule, Steven P. Mcgowan, Robert J. Schiavoni

West Virginia Law Review

No abstract provided.

Arguments Appealing To Racial Prejudice: Uncertainty, Impartiality, And The Harmless Error Doctrine, Steven D. Debrota

Indiana Law Journal

No abstract provided.

What Shapes Perceptions Of The Federal Court System?, Theodore Eisenberg, Stewart J. Schwab

Cornell Law Faculty Publications

Two hundred years is a long time. It is too long after formation of a court system to ask such basic questions as (1) what cases occupy the system, and (2) whether even informed professionals have a reasonable picture of what goes on within the system. Nonetheless, continuing debate about the volume and makeup of litigation in general and of federal court litigation in particular requires legal scholars to address these questions. Professor Marc Galanter's work on the litigation explosion questions central assumptions about the nature and growth of the federal docket. Our prior work undermines widely held views about …

"Discrimination" On The Basis Of Religion: An Examination Of Attempted Value Neutrality In Employment, Laura S. Underkuffler

Cornell Law Faculty Publications

No abstract provided.

Let's Re-Do Runyon: Questions To Guide Justice White; Response, Theodore Eisenberg

Cornell Law Faculty Publications

Aids And Disability Employment Discrimination In And Beyond The Classroom, Derek J. Jones, N Colleen Sheppard

Dalhousie Law Journal

Roughly a year ago, in Chalk v. U.S. District Court Central California, a United States appellate court authorized a teacher to return to his teaching duties, after a California school department had barred him from his classroom upon learning he had Acquired Immune Deficiency Syndrome (AIDS). The case parallels the widely reported events of the Eric Smith story of Autumn 1987. Teacher Smith was initially removed from his Shelburne County, Nova Scotia classroom, and reassigned to non-teaching duties after a medical secretary disclosed that Smith had tested positive for the AIDS virus. While Smith immediately refused the reassignment, he eventually …

Indirect Discrimination Under Title Vii: Expanding Male Standing To Sue For Injuries Received As A Result Of Employer Discrimination Against Females, N. Morrison Torrrey

Washington Law Review

Historically, both men and women have had the right to seek redress under Title VII of the Civil Rights Act of 1964 for injuries they have received as a result of sex discrimination. In recent years, the federal circuits have split on whether to give men standing in one particular category of such cases: employment discrimination cases where, although both men and women have been injured, the discrimination has been targeted only at women. The author analyzes the recent male standing cases in the context of basic standing principles and their past application to other types of Title VII plaintiffs. …

Litigation Models And Trial Outcomes In Civil Rights And Prisoner Cases, Theodore Eisenberg

Cornell Law Faculty Publications

In ideal circumstances, court cases are won or lost on their merits. But litigation does not proceed free from external social factors or from the characteristics of the participants. Factors other than the merits of cases, therefore, may help explain litigation outcomes and selection of disputes for trial. Possible factors include judge or jury bias, regional influence, the type of case, the quality of counsel, and the nature and resources of plaintiffs and defendants.

This Article uses both impressionistic conjecture about litigation and formal litigation theory to develop and test hypotheses about factors affecting outcomes in civil rights and prisoner …

The Peaceful Resolution Of Norfolk's Integration Crisis Of 1958-1959, Nancy Parker Ford

History Theses & Dissertations

In 1958 Norfolk experienced one of the most serious crises in its long history when six of its public secondary schools were closed by the governor. The closings were a result of Virginia's massive resistance program and forced 10,000 students to seek alternative education for five months or abandon their education entirely. Interviews with major participants in the crisis as well as investigation of newspaper accounts and editorials, personal papers of participants, city and School Board documents, and major works on the period reveal the factors involved in Norfolk's peaceful approach to integration. A comparison with the situation in Little …

Problematic Standards Of Reasonableness: Qualified Immunity In Section 1983 Actions For A Police Officer's Use Of Excessive Force, Kathryn R. Urbonya

Faculty Publications

No abstract provided.

The Socio-Legal Impact Of Equal Pay Legislation In Ontario, 1946-1979, Robert Malarkey, John Hagan

Osgoode Hall Law Journal

Equal pay legislation in Ontario has been a source of considerable attention, concern, and conflict since the late nineteenth century. A variety of women's organizations, human rights groups, labour unions, and political parties actively promoted equal pay for equal work legislation. In March 1951, the Ontario provincial government did enact an equal pay law to rectify perceived inequities between male and female workers. Since that initial legislation, numerous individuals and groups have complained that this legislation has done little to narrow the male-female wage differential in Ontario. In this article we argue that, in fact, the Ontario government's equal pay …

Commentary: The Role Of Universities In Racial Violence On Campuses, Wornie L. Reed

Trotter Review

Racial violence against blacks on college campuses across the country has become a source of consider able and legitimate concern. This paper reviews the nature and extent of these incidents, discusses the national social context of their occurrence, and examines the role that universities play in the development of these incidents.

Remedying The Irremediable: The Lessons Of Gautreaux, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.

Inconsistent Standards Of Substantive Due Process In Economic Regulations: A Result Of The Federalist System Of Government, Keith L. Hendricks

Brigham Young University Journal of Public Law

No abstract provided.

Ii. Constitutional Law & Civil Rights

Washington and Lee Law Review

No abstract provided.

Mastery, Slavery, And Emancipation, Guyora Binder

Journal Articles

Hegel's dialectic of master and slave in the Phenomenology of Mind portrays a master unable to win genuine recognition from a slave because unwilling to confer it. The dialectic implies that freedom has to be conceived as association based on mutual respect, rather than independence. This article offers a communitarian interpretation of emancipation inspired by Hegel's dialectic of master and slave. It proceeds from an account of slave society which, like Hegel's dialectic, equates slavery with the denial of social recognition. This account argues that the experience of slave society led both the masters and the slaves to conceive of …

Circumventing Racism: Confronting The Problem Of The Affirmative Action Ideology, Christopher T. Wonnell

BYU Law Review

No abstract provided.

Government Liability Under Section 1983: The Present Is Prologue, Sheldon Nahmod

All Faculty Scholarship

No abstract provided.

Section 1983 Discourse: The Move From Constitution To Tort, Sheldon Nahmod

All Faculty Scholarship

No abstract provided.

Clearing The Mixed-Motive Smokescreen: An Approach To Disparate Treatment Under Title Vii, Robert S. Whitman

Michigan Law Review

Part I of this Note describes the indirect-evidence inquiry of McDonnell Douglas and its basis in the policies underlying Title VII. Part II presents the various judicial treatments of cases where direct evidence is presented. These three major approaches reflect varying views of the burdens of proof regarding Title VII causation, and assume that the plaintiff has already shown some palpable level of discrimination. Part III describes Mt. Healthy City School District Board of Education v. Doyle, in which the Supreme Court first devised an approach to mixed motives. Although the Mt. Healthy analysis was developed for first amendment …

Future Disabilities Under New York’S Human Rights Law, Andrea Lisa Leeb

Cardozo Law Review

No abstract provided.

Section 1983 And The Due Process Clause: Crossing The Constitutional Line, Linda G. Gay

Cardozo Law Review

No abstract provided.

Legislative Inaction And The Patterson Case, Earl M. Maltz

Michigan Law Review

In its October 1988 issue,1 the Michigan Law Review published a symposium on Patterson v. McLean Credit Union, a case in which the Supreme Court has requested reargument on the question of whether Runyon v. McCrary should be overruled or modified. Each of the three distinguished contributors to the symposium concludes that the Court should not overrule Runyon. In reaching this conclusion, Professor William N. Eskridge and Professor Daniel A. Farber rely heavily on the view that because Congress has recognized the existence of the Runyon doctrine and has refused to overrule the decision, the doctrine of stare decisis …

The First Integration Of The University Of Maryland School Of Law, David S. Bogen

Faculty Scholarship

No abstract provided.

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

Habeas Corpus Committee

No abstract provided.

Letter To Dr. Saffy Inviting Her To Serve On The Board Of Directors For Leadership Jacksonville Alumni Inc., Kevin E. Loftin

Saffy Collection - All Textual Materials

An invitation to serve on the Board of Directors for Leadership Jacksonville Alumni Inc., a not-for-profit corporation to support the Leadership Jacksonville Program.

Current Debate: Affirmative Action: The Misplaced Self-Delusion Of Some Jewish Males, Elizabeth B. Mensch, Alan David Freeman

Other Scholarship

No abstract provided.

Discrimination Against Families With Children And Handicapped Persons Under The 1988 Amendments To The Fair Housing Act, 22 J. Marshall L. Rev. 541 (1989), Michael P. Seng

UIC Law Review

No abstract provided.