Open Access. Powered by Scholars. Published by Universities.®

Civil Rights and Discrimination Commons™

Open Access. Powered by Scholars. Published by Universities.®

Discipline
Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 13111 - 13140 of 14884

Full-Text Articles in Civil Rights and Discrimination

Employment Discrimination—Business Necessity And Bfoq Exceptions To Title Vii Extended To Unmarried, Pregnant Youth Services Workers Serving As Role Models. Chambers V. Omaha Girls Club, Inc., 834 F.2d 697 (8th Cir. 1987)., Judith Elane Apr 1988

Employment Discrimination—Business Necessity And Bfoq Exceptions To Title Vii Extended To Unmarried, Pregnant Youth Services Workers Serving As Role Models. Chambers V. Omaha Girls Club, Inc., 834 F.2d 697 (8th Cir. 1987)., Judith Elane

University of Arkansas at Little Rock Law Review

No abstract provided.


Rule 11 And Civil Rights Litigation, Carl Tobias Apr 1988

Rule 11 And Civil Rights Litigation, Carl Tobias

Buffalo Law Review

No abstract provided.


Bowers V. Hardwick: No Constitutional Protection For Private Consensual Homosexual Intimacy, Joan Brinson Dressler Apr 1988

Bowers V. Hardwick: No Constitutional Protection For Private Consensual Homosexual Intimacy, Joan Brinson Dressler

North Carolina Central Law Review

No abstract provided.


Rethinking Equality And Difference: Disability Discrimination In Public Transportation, Martha T. Mccluskey Apr 1988

Rethinking Equality And Difference: Disability Discrimination In Public Transportation, Martha T. Mccluskey

Journal Articles

No abstract provided.


Teaching Feminist Legal Theory At Texas: Listening To Difference And Exploring Connections, Patricia A. Cain Mar 1988

Teaching Feminist Legal Theory At Texas: Listening To Difference And Exploring Connections, Patricia A. Cain

Journal of Legal Education

No abstract provided.


Sex Bias In Law School Courses: Some Common Issues, Nancy S. Erickson Mar 1988

Sex Bias In Law School Courses: Some Common Issues, Nancy S. Erickson

Journal of Legal Education

No abstract provided.


Gender Bias In The Classroom, Taunya Lovell Banks Mar 1988

Gender Bias In The Classroom, Taunya Lovell Banks

Journal of Legal Education

No abstract provided.


Analysis Of Sexism In Legal Practice: A Clinical Approach, Mary Jo Eyster Mar 1988

Analysis Of Sexism In Legal Practice: A Clinical Approach, Mary Jo Eyster

Journal of Legal Education

No abstract provided.


The Importance Of Section 1981, Theodore Eisenberg, Stewart J. Schwab Mar 1988

The Importance Of Section 1981, Theodore Eisenberg, Stewart J. Schwab

Cornell Law Faculty Publications


Aids In The Workplace: Termination, Discrimination And The Right To Refuse, J Scott Kenney Mar 1988

Aids In The Workplace: Termination, Discrimination And The Right To Refuse, J Scott Kenney

Dalhousie Law Journal

Not since the days of leprosy has there been a disease so feared and so fatal as AIDS (Acquired Immunodeficiency Syndrome). The lack of knowledge about the disease has merely compounded the problem, so that not only AIDS victims themselves, but also members of perceived "high-risk" groups, face increasing discrimination in all facets of their lives. This paper will focus on only one of these contexts: the workplace. After a review of the current medical knowledge, two principal questions wifl-be examined: (i) What protection does the law give AIDS victims, or members of highrisk groups, against discrimination in employment? (ii) …


Board Of Directors Of Rotary International V. Rotary Club Of Duarte: Redefining Associational Rights, Robert N. Johnson Mar 1988

Board Of Directors Of Rotary International V. Rotary Club Of Duarte: Redefining Associational Rights, Robert N. Johnson

BYU Law Review

No abstract provided.


Permitting Religious Employers To Discriminate On The Basis Of Religion: Application To For-Profit Activities, Scott Klundt Mar 1988

Permitting Religious Employers To Discriminate On The Basis Of Religion: Application To For-Profit Activities, Scott Klundt

BYU Law Review

No abstract provided.


Civil Action No. 84-3040 Plaintiff's Reply Concerning Brief, United States District Court For The District Of Columbia Feb 1988

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

Ann B. Hopkins Papers

No abstract provided.


Civil Action No. 84-3040 Defendant's Memorandum On Issues For Remedial Phase Trial, United States District Court For The District Of Columbia Feb 1988

Civil Action No. 84-3040 Defendant's Memorandum On Issues For Remedial Phase Trial, United States District Court For The District Of Columbia

Ann B. Hopkins Papers

No abstract provided.


Johnson V. Transportation Agency: The United States Supreme Court Weighs Statistical Imbalance In Favor Of Affirmative Action, 21 J. Marshall L. Rev. 593 (1988), Denise C. Hockley-Cann Jan 1988

Johnson V. Transportation Agency: The United States Supreme Court Weighs Statistical Imbalance In Favor Of Affirmative Action, 21 J. Marshall L. Rev. 593 (1988), Denise C. Hockley-Cann

UIC Law Review

No abstract provided.


The Continuing Problem Of Statutes Of Limitations In Section 1983 Cases: Is The Answer Out At Sea, 22 J. Marshall L. Rev. 285 (1988), Robert M. Jarvis, Judith Anne Jarvis Jan 1988

The Continuing Problem Of Statutes Of Limitations In Section 1983 Cases: Is The Answer Out At Sea, 22 J. Marshall L. Rev. 285 (1988), Robert M. Jarvis, Judith Anne Jarvis

UIC Law Review

No abstract provided.


Limitations On Reproductive Autonomy For The Mentally Handicapped, George P. Smith Ii Jan 1988

Limitations On Reproductive Autonomy For The Mentally Handicapped, George P. Smith Ii

Scholarly Articles

No abstract provided.


Protecting Persons With Aids From Employment Discrimination, Erica Horn Jan 1988

Protecting Persons With Aids From Employment Discrimination, Erica Horn

Kentucky Law Journal

No abstract provided.


Comparable Worth And The Maryland Era, Awilda R. Marquez Jan 1988

Comparable Worth And The Maryland Era, Awilda R. Marquez

Maryland Law Review

No abstract provided.


Burning Tree Club, Inc. V. Bainum - State Action, Strict Scrutiny, And The "New Judicial Federalism", Michael J. Gentile Jan 1988

Burning Tree Club, Inc. V. Bainum - State Action, Strict Scrutiny, And The "New Judicial Federalism", Michael J. Gentile

Maryland Law Review

No abstract provided.


Mental Impairments And The Rehabilitation Act Of 1973, David Allen Larson Jan 1988

Mental Impairments And The Rehabilitation Act Of 1973, David Allen Larson

Faculty Scholarship

This article examines the question of whether an asserted mental disorder should be regarded as a statutory impairment. The article begins by outlining the Rehabilitation Act and by discussing the diagnostic difficulties that exist in the mental health field. It then surveys specific cases arising under the Rehabilitation Act. Selected cases reviewing state statutory language are also examined. The article provides a broad discussion of the questions and concerns that must be considered when formulating a nondiscrimination policy protecting mentally impaired persons. It concludes by suggesting an approach for handling cases alleging discrimination due to a mental impairment.


Unborn Child: Can You Be Protected?, Heather M. White Jan 1988

Unborn Child: Can You Be Protected?, Heather M. White

University of Richmond Law Review

Continuing medical advancement in the area of prenatal care' raises the question of when, if ever, the state may intervene in the life of a pregnant woman to protect her unborn child from abuse and neglect. This issue, though troublesome, can no longer be ignored. Since the Supreme Court's decision in Roe v. Wade, giving the pregnant woman the constitutional right to decide whether or not to terminate her pregnancy, there has been abundant controversy over the allowance of state intervention to protect the human fetus. This controversy necessarily entails a discussion as to when and in what manner the …


Legislative Enforcement Of Equal Protection, Stephen F. Ross Jan 1988

Legislative Enforcement Of Equal Protection, Stephen F. Ross

Faculty Scholarship

This Article explores the legislative role in enforcing the constitutional guarantee to equal protection. Part I describes the underenforcement principle that explains the restrictive judicial exercise of authority in constitutional matters. The Article then focuses on Congress' role in examining issues relating to the constitutional guarantee of equal protection that the courts have chosen to underenforce. Part II analyzes relevant constitutional provisions that may empower or limit congressional actions. Part III considers ways in which Congress can address state violations of equal protection through directives to the judiciary and through the legislative process. Part IV details how both federal and …


Enforcement Provisions Of The Civil Rights Act Of 1866: A Legislative History In Light Of Runyon V. Mccrary, The Review Essay And Comments: Reconstructing Reconstruction, Robert J. Kaczorowski Jan 1988

Enforcement Provisions Of The Civil Rights Act Of 1866: A Legislative History In Light Of Runyon V. Mccrary, The Review Essay And Comments: Reconstructing Reconstruction, Robert J. Kaczorowski

Faculty Scholarship

The purpose of this Comment is to examine the history of the enactment and early enforcement of the Civil Rights Act of 1866 from the perspective of the remedies Congress sought to provide to meet the problems that necessitated the legislation. Its main foci are the statute's enforcement provisions and their early implementation, an aspect of the history of the statute that has not been fully considered in relation to section one, the provision that has received the most scholarly attention. The occasion of this study is the Supreme Court's reconsideration of Runyon v. McCrary' in Patterson v. McLean Credit …


Protecting The Parental Rights Of Incarcerated Mothers Whose Children Are In Foster Care: Proposed Changes To New York's Termination Of Parental Rights Law, Philip Genty Jan 1988

Protecting The Parental Rights Of Incarcerated Mothers Whose Children Are In Foster Care: Proposed Changes To New York's Termination Of Parental Rights Law, Philip Genty

Faculty Scholarship

In the past decade, the number of female prisoners in New York state and city jails has risen dramatically. Currently, there are 1,890 women incarcerated in New York State prisons, and an additional 1,626 women confined in New York City jails. Approximately seventy- two percent of the women in state prisons are parents, and, according to one informal study, nearly sixty percent of the women in city prisons are single parents with minor children. While some of these women can make formal or informal child care arrangements with relatives or close friends, many others must turn to state-regulated foster care. …


Privatization Of Prisons: An Analysis Of The State Action Requirement Of The Fourteenth Amendment And 42 U.S.C. § 1983, Ira Robbins Jan 1988

Privatization Of Prisons: An Analysis Of The State Action Requirement Of The Fourteenth Amendment And 42 U.S.C. § 1983, Ira Robbins

Scholarly Articles in Law Reviews & Journals

Introduction: The privatization of prisons raises important issues with respect to liability in suits brought by inmates. If a private company operates the prison, the state likely will be directly involved in some aspects of prison life, such as using force when necessary or making quasi-judicial decisions, but it may not be directly involved in the day-to-day operation of the institution. This dichotomy of involvement may lead to con- fusion over responsibility and accountability when a violation of rights is alleged to have occurred. When a private party, as opposed to a government employee, is charged with abridging rights guaranteed …


Private Enforcement And The Fair Housing Act, Robert G. Schwemm Jan 1988

Private Enforcement And The Fair Housing Act, Robert G. Schwemm

Law Faculty Scholarly Articles

The first section of the Fair Housing Act declares that "[i]t is the policy of the United States to provide, within constitutional limitations, for fair housing throughout the United States." If the United States has been officially committed to providing for fair housing for the past 20 years, why is segregated housing still the prevailing norm throughout our nation? Why does discrimination still regularly occur when minority homeseekers venture into white areas? Why are the opportunities for living in stable, integrated neighborhoods only marginally better now than they were a generation ago in the days of Lyndon Johnson, Everett McKinley …


The Black Lawyer In Virginia: Reflections Upon A Journey, 1938–1988, Veryl Victoria Miles, Gerald Bruce Lee, G. Nelson Smith Iii Jan 1988

The Black Lawyer In Virginia: Reflections Upon A Journey, 1938–1988, Veryl Victoria Miles, Gerald Bruce Lee, G. Nelson Smith Iii

Scholarly Articles

No abstract provided.


Rationality - And The Irrational Underinclusiveness Of The Civil Rights Laws, Peter Brandon Bayer Jan 1988

Rationality - And The Irrational Underinclusiveness Of The Civil Rights Laws, Peter Brandon Bayer

Scholarly Works

Congress has enacted a series of civil rights laws designed to protect individuals from public an private forms of irrational discrimination. To be lawful, such civil rights statutes must conform with the definition of rationality required by the Fifth and Fourteenth Amendments. Yet, in one fashion, these statutes are as irrational as the behavior they seek to control. The statutes protect only certain classes of individuals in limited instances. This article argues that the existing civil rights laws, although integral to a free society, are but a first step. The statute will never be fully rational, never completely fair, until …


Rationality-And The Irrational Underinclusiveness Of The Civil Rights Laws, Peter Brandon Bayer Jan 1988

Rationality-And The Irrational Underinclusiveness Of The Civil Rights Laws, Peter Brandon Bayer

Washington and Lee Law Review

No abstract provided.