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Articles 13081 - 13110 of 14884
Full-Text Articles in Civil Rights and Discrimination
Affirmative Action: Protecting The Untenured Minority Professor During Extreme Financial Exigency, Johnny C. Parker, Linda C. Parker
Affirmative Action: Protecting The Untenured Minority Professor During Extreme Financial Exigency, Johnny C. Parker, Linda C. Parker
North Carolina Central Law Review
No abstract provided.
Racial Discrimination In The Criminal Justice System, Clyde E. Murphy
Racial Discrimination In The Criminal Justice System, Clyde E. Murphy
North Carolina Central Law Review
No abstract provided.
The Indigent Defendant's Right To Psychiatric Assistance: Ake V. Oklahoma 470 U.S. 68 (1985), Kevin T. Smith
The Indigent Defendant's Right To Psychiatric Assistance: Ake V. Oklahoma 470 U.S. 68 (1985), Kevin T. Smith
North Carolina Central Law Review
No abstract provided.
One Judge's Battle Against The New York City Judicial Establishment, Percy R. Luney Jr.
One Judge's Battle Against The New York City Judicial Establishment, Percy R. Luney Jr.
North Carolina Central Law Review
No abstract provided.
Statutory Interpretation, Legislative Inaction, And Civil Rights, Daniel A. Farber
Statutory Interpretation, Legislative Inaction, And Civil Rights, Daniel A. Farber
Michigan Law Review
This month the Supreme Court will hear reargument in Patterson v. McLean Credit Union on the question of whether section 1981 prohibits discrimination by private parties. Professor Farber identifies three issues which lie at the heart of Patterson: Must statutes be construed to conform to the intent of the drafters? Does legislative inaction provide reliable guidance to interpreters of statutes? And should the nature of the claim at issue - here a claim of civil rights - influence the interpreters? On this last point, Professor Farber argues that public values must be relevant to statutory interpretation and that judges …
Interpreting Legislative Inaction, William N. Eskridge Jr.
Interpreting Legislative Inaction, William N. Eskridge Jr.
Michigan Law Review
This month the Supreme Court will hear reargument in Patterson v. McLean Credit Union on the question of whether section 1981 prohibits discrimination by private parties. In this article, Professor Eskridge addresses the issue of how legislative inaction should affect statutory interpretation. He begins by constructing a detailed analysis of the Court's legislative inaction cases, arguing that the case law is much more coherent than previous analysts have suggested. Professor Eskridge then considers Justice Scalia's critique of that case law and provides support for Justice Scalia's views by distinguishing actual and presumed legislative intent, arguing that, based on a conception …
Updating Statutory Interpretation, T. Alexander Aleinikoff
Updating Statutory Interpretation, T. Alexander Aleinikoff
Michigan Law Review
This month the Supreme Court will hear reargument in Patterson v. McLean Credit Union on the question of whether section 1981 prohibits discrimination by private parties. Professor Aleinikoff examines in depth the first issue raised by Professor Farber. Using metaphors of the archeological and the nautical Professor Aleinikoff describes theories of originalism and their application to statutory interpretation. Concluding that there are nonoriginalist (or nonarcheological) elements implicit in these theories, he proceeds to consider how an explicitly nonoriginalist (or nautical) theory of interpretation might work He concludes by commenting on the application of such a theory to Patterson.
Discrimination And Its Justification: Coping With Equality Rights Under The Charter, Richard Moon
Discrimination And Its Justification: Coping With Equality Rights Under The Charter, Richard Moon
Osgoode Hall Law Journal
The article examines and appraises conventional methods of interpreting the section 15 equality rights including a comparison of equality rights under the American Constitution. It determines that the most suitable interpretation is one which prohibits "constructive discrimination." Further, the analysis of section 15 finds a built-in limitation - the right against invidious discrimination - making recourse to section 1 unnecessary. But review of constructive discrimination and its justification is constrained by the adjudicative model and the state action doctrine. In the final analysis, the article challenges us to rethink our classic liberal conceptions of equality by looking less at invidious …
Sexism, Language, And The Law, Mary Ellen Griffith
Sexism, Language, And The Law, Mary Ellen Griffith
West Virginia Law Review
No abstract provided.
Women In Non-Traditional Fields And Feminism: An Uneasy Connection, Carroll Wetzel Wilkinson [email protected]
Women In Non-Traditional Fields And Feminism: An Uneasy Connection, Carroll Wetzel Wilkinson [email protected]
West Virginia Law Review
No abstract provided.
Local Knowledge, Local Color: Critical Legal Studies And The Law Of Race Relations, Gerald Torres
Local Knowledge, Local Color: Critical Legal Studies And The Law Of Race Relations, Gerald Torres
San Diego Law Review
In this Article, Professor Torres examines the meaning and content of Critical Legal Studies (CLS), focusing on the struggle for racial equality. He suggests ways in which understanding the relationship between law and culture can enable, both academics and practitioners, to construct theoretical foundations for the next generation of race relations. Understanding how the law of race relations has emerged and changed over the past twenty-five years is possible only by understanding how the dominant culture has accommodated itself to the changed legal landscape. Central to the inquiry is understanding American cultural pluralism as an expression of cultural domination and …
A Tale Of Two Cultures: Or Making The Proper Connection Between Law, Social History And The Political Economy Of Despair, Robert J. Cottrol
A Tale Of Two Cultures: Or Making The Proper Connection Between Law, Social History And The Political Economy Of Despair, Robert J. Cottrol
San Diego Law Review
In this Article, Professor Cottrol examines a pervasive culture of pessimism amongst a minority of underclass Black Americans the likes of which must be addressed if America's laws and public policy is to complete the unfinished work of the Civil Rights Revolution. The author argues that the development this culture is the result of long-term historical trends, the results of which came to fruition after the Second World War. He suggests Americans must shift their focus from familiar histories of southern slavery and Jim Crow to an examination of the histories of race relations in northern cities. Further, the author …
Relations Between The Sexes: Timely Vs. Timeless Principles, Joel J. Kupperman
Relations Between The Sexes: Timely Vs. Timeless Principles, Joel J. Kupperman
San Diego Law Review
In this Article, Professor Kuperman examines the morality of affirmative action with a primary focus on affirmative action for women. He outlines what he feels is a convincing case for a philosophically opposed position: that affirmative action programs are justified. After discussing the criticisms leveled against affirmative action, the author concludes by suggesting that the strongest case for affirmative action rests on its relation to a just society. The relation is that affirmative action should lead to a just society.
Racial Subordination Through Formal Equal Opportunity, Roy L. Brooks
Racial Subordination Through Formal Equal Opportunity, Roy L. Brooks
San Diego Law Review
In this Article, Professor Brooks examines the current state of "formal equal opportunity" and finds it may not be the final expression of interracial relations in the United States. The inquiry begins with the realization that after the passage of hundreds of civil rights laws, Black Americans seem worse off socially and economically than Black Americans were under Jim Crow. The author criticizes civil rights analysis for its failure to ask the right question - the "subordination question." This question would require scholars to analyze the subordinating force or mechanism in civil rights law which the author believes to be …
California's Characterization Of Credit Acquisitions During The Post-Separation Period, Curtis Barnes Jr.
California's Characterization Of Credit Acquisitions During The Post-Separation Period, Curtis Barnes Jr.
San Diego Law Review
In California, the community property is liable for debts incurred during separation. However, proceeds from these debts may be characterized as separate property of the acquiring spouse. Thus, the community, even though suffering the risks of liability, is disallowed the benefits of such risks. This Comment argues that the current lender's intent analysis applied upon credit acquisition should be discontinued in favor of the exposure analysis. Further, the Comment argues that community property debt liability during separation arises only if the debt is related to the community which occurs a) if the liability benefits the community; or b) if the …
What Is An Action For Purposes Of California Civil Procedure Code Section 726, Beth Jo Zeitzer
What Is An Action For Purposes Of California Civil Procedure Code Section 726, Beth Jo Zeitzer
San Diego Law Review
In the 1984 case, Bank of America v. Daily, the California Court of Appeal held that a bank's set off was an action for purposes of California Civil Procedure Code section 726 (the one action rule). The bank lost over $170,000 in security due to this $10,000. California courts have circumvented the policies behind section 726 by interpreting the one action rule expansively. This Comment argues that debtor protection is no achieved through inequitable creditor remedies and that legislative reform is necessary to achieve the protection that section 726 intended to provide California debtors.
Correspondence: July 25, 1988, Handwritten Thank You Note To Dr. Saffy, Buddy Mackay
Correspondence: July 25, 1988, Handwritten Thank You Note To Dr. Saffy, Buddy Mackay
Saffy Collection - All Textual Materials
A handwritten thank you note from Buddy MacKay expressing his gratitude for their hospitality while he was in Jacksonville. MacKay for U.S. Senate envelope.
Aids Discrimination By Medical Care Providers: Is Washington Law An Adequate Remedy?, Joseph Reiner
Aids Discrimination By Medical Care Providers: Is Washington Law An Adequate Remedy?, Joseph Reiner
Washington Law Review
Discrimination against AIDS patients by medical care providers violates antidiscrimination law. In evaluating legal tools to enforce fair AIDS care, this Comment focuses primarily on the federal Rehabilitation Act of 1973, and Washington's recently amended antidiscrimination and public health law. Discriminatory acts are difficult to defend under these laws. Nonetheless, existing law is inadequate for combating AIDS discrimination because the law is underused by AIDS patients and vague. This Comment recommends expressly banning the common forms of medical care discrimination, and requiring heightened human immunodeficiency virus ("HIV") testing standards, as important steps towards creating effective AIDS antidiscrimination law.
Aids Discrimination By Medical Care Providers: Is Washington Law An Adequate Remedy?, Joseph Reiner
Aids Discrimination By Medical Care Providers: Is Washington Law An Adequate Remedy?, Joseph Reiner
Washington Law Review
Discrimination against AIDS patients by medical care providers violates antidiscrimination law. In evaluating legal tools to enforce fair AIDS care, this Comment focuses primarily on the federal Rehabilitation Act of 1973, and Washington's recently amended antidiscrimination and public health law. Discriminatory acts are difficult to defend under these laws. Nonetheless, existing law is inadequate for combating AIDS discrimination because the law is underused by AIDS patients and vague. This Comment recommends expressly banning the common forms of medical care discrimination, and requiring heightened human immunodeficiency virus ("HIV") testing standards, as important steps towards creating effective AIDS antidiscrimination law.
Printed Material: Jacksonville Chapter Of American-Arab Anti-Discrimination League, American-Arab Anti-Discrimination League
Printed Material: Jacksonville Chapter Of American-Arab Anti-Discrimination League, American-Arab Anti-Discrimination League
Saffy Collection - All Textual Materials
Business Meeting of the Jacksonville Chapter of the American-Arab Anti Discrimination Committee. June 13, 1988
The Big Eight Still A Male Bastion, Eric N. Berg
The Big Eight Still A Male Bastion, Eric N. Berg
Ann B. Hopkins Papers
No abstract provided.
Correspondence: May 14, 1988, Handwritten Thank You Letter To Dr. Saffy, Buddy Mackay
Correspondence: May 14, 1988, Handwritten Thank You Letter To Dr. Saffy, Buddy Mackay
Saffy Collection - All Textual Materials
Letter from Buddy MacKay thanking Dr. Edna L. Saffy for hosting a lunch at the University Club.
The Naacp's Legal Strategy Against Segregated Education, Robert L. Carter
The Naacp's Legal Strategy Against Segregated Education, Robert L. Carter
Michigan Law Review
A Review of The NAACP's Legal Strategy Against Segregated Education, 1925-1950 by Mark Tushnet
A Need For Caring, Judith Areen
A Need For Caring, Judith Areen
Michigan Law Review
A Review of AIDS and the Law: A Guide for the Public edited by Harlon L. Dalton, Scott Burris and the Yale AIDS Law Project
The Politics Of Predicting Criminal Violence, Sheri Lynn Johnson
The Politics Of Predicting Criminal Violence, Sheri Lynn Johnson
Michigan Law Review
A Review of The Prediction of Criminal Violence by Fernand N. Dutile and Cleon H. Foust
How It Was, How It Is, Clare Dalton
How It Was, How It Is, Clare Dalton
Michigan Law Review
A Review of Unequal Colleagues: The Entrance of Women into the Professions, 1890-1940 by Penina Migdal Glazer and Miriam Slater
The History And Culture Of Affirmative Action, Anthony J. Scanlon
The History And Culture Of Affirmative Action, Anthony J. Scanlon
BYU Law Review
No abstract provided.
Discrimination In The Public Schools: Dick And Jane Have Aids, Susan A. Winchell
Discrimination In The Public Schools: Dick And Jane Have Aids, Susan A. Winchell
William & Mary Law Review
No abstract provided.
The Unique, Novel, And Unsound Adversary Ethic, Thomas L. Shaffer
The Unique, Novel, And Unsound Adversary Ethic, Thomas L. Shaffer
Vanderbilt Law Review
The dominant ethic in the American legal profession in 1988 is the adversary ethic. The adversary ethic, in the words of the late Justice Abe Fortas, claims that "[l]awyers are agents, not principals; and they should neither criticize nor tolerate criticism based upon the character of the client whom they represent or the cause that they prosecute or defend. They cannot and should not accept responsibility for the client's practices." This ethic is the principal-and often the only-reference point in professional discussions. Although it is embedded in our professional codes, our cases, and our law offices, this Article argues that …
Affirmative Action In Employment: The Legacy Of A Supreme Court Majority, Joel L. Selig
Affirmative Action In Employment: The Legacy Of A Supreme Court Majority, Joel L. Selig
Indiana Law Journal
No abstract provided.