Civil Rights and Discrimination Commons^™

Enforcement Of The Fair Housing Act: What Role Should The Federal Government Play?, Alex Waldrop

Kentucky Law Journal

No abstract provided.

1983-84 Current Developments In Civil Liberties, Ivan E. Bodensteiner, Rosalie Levinson

Law Faculty Publications

No abstract provided.

Feminist Discourse, Moral Values, And The Law—A Conversation, Ellen C. Dubois, Mary C. Dunlap, Carol J. Gilligan, Catharine A. Mackinnon, Carrie J. Menkel-Meadow, Isabel Marcus, Paul J. Spiegelman

Buffalo Law Review

No abstract provided.

Book Review, Elaine W. Shoben

Scholarly Works

The Burden of Brown by Raymond Wolters is a long book with a very short message: integration is bad, but desegregation is not. The distinction between the two is crucial to Wolters's analysis. Desegregation is the prohibition of officially sanctioned separation of the races. Integration, on the other hand, is the compelled mixing of the races for the sake of mixing. The "burden" of Brown v. Board of Education, according to Wolters, is that the Supreme Court has blurred this distinction and erroneously requires integration instead of merely prohibiting segregation. Wolters's thesis is that Brown had two prongs: one …

What Was Wrong With Dred Scott, What's Right About Brown, Robert A. Burt

Washington and Lee Law Review

No abstract provided.

A Letter To Professor Burt, Milner S. Ball

Washington and Lee Law Review

No abstract provided.

A Word For The Common Good, Thomas L. Shaffer

Washington and Lee Law Review

No abstract provided.

The Heart Of The Lawyer's Craft, Peter R. Teachout

Washington and Lee Law Review

No abstract provided.

The Continuing Presence Of Dred Scott, Lewis H. Larue

Washington and Lee Law Review

No abstract provided.

The Mentally Retarded-A Quasi-Suspect Class?: Cleburne Living Center V. City Of Cleburne, Dale W. Webb

University of Richmond Law Review

In recent years, the mentally retarded have been increasingly deinstitu- tionalized.1 One major factor responsible for this trend has been the acceptance of the theory of normalization, which proposes that mentally retarded individuals must be exposed to normal life patterns and conditions in order to develop their full potential. Mental health officials have attempted to implement normalization by the relocation of the mentally retarded into group homes. The group home format offers the benefits of family living through the placement of small groups of mentally retarded individuals into homes in residential areas.

Black Innocence And The White Jury, Sheri Lynn Johnson

Michigan Law Review

Racial prejudice has come under increasingly close scrutiny during the past thirty years, yet its influence on the decisionmaking of criminal juries remains largely hidden from judicial and critical examination. In this Article, Professor Johnson takes a close look at this neglected area. She first sets forth a large body of social science research that reveals a widespread tendency among whites to convict black defendants in instances in which white defendants would be acquitted. Next, she argues that none of the existing techniques for eliminating the influence of racial bias on criminal trials adequately protects minority-race defendants. She contends that …

Discretionary Decisionmaking: The Application Of Title Vii's Disparate Impact Theory, Julia C. Lamber

Articles by Maurer Faculty

No abstract provided.

Attorney's Fee Statutes In Civil Litigation: The State Of The Art, Susan Bennett

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Book Review, Frank S. Bloch

Vanderbilt Journal of Transnational Law

Competing Equalities is a book that can be read and appreciated at several different levels, as well as for several different purposes, and which demonstrates both the richness of the subject--laws affording preferential treatment to backward classes in India--and the depth of the author's understanding of the material. At the heart of this very impressive book, Professor Galanter examines India's constitutional policy of affirmative action for selected backward classes of citizens, or "compensatory discrimination"--its historical and constitutional origins; its implementation, with particular emphasis on the role of courts in establishing a doctrinal framework for this policy; and its value to …

The First Amendment And Distributional Voting Rights Controversies, Emily M. Calhoun

Publications

No abstract provided.

Betsey V. Turtle Creek Associates: All-Adult Housing Policy May Violate The Fair Housing Act, J. Michael Mcguinness

Campbell Law Review

This article will focus on Betsey and its implications. It discusses standard of proof problems and sets forth alternative methods of establishing a prima facie case of housing discrimination under the Fair Housing Act.

Symposium Address: Racial Justice In The 1980s, Julius L. Chambers

Campbell Law Review

No abstract provided.

Equalities Real And Ideal: Affirmative Action In Indian Law Review, Lance Liebman

Faculty Scholarship

American legal scholars have devoted surprisingly little effort to studying India. In India, as in America, judges, lawyers, and legislators have had to shape a transplanted legal system with English roots. Both countries have adapted English legal institutions to conditions far more heterogeneous – ethnically, racially, linguistically,and geographically – than those of the mother country. It thus seems no accident that India's constitutional structure parallels that of the United States in so many ways. For example, India has a written constitution that embodies principles of federalism and separation of powers, and that provides for judicially enforced guarantees of individual rights. …

Federal Courts Are Becoming Reluctant To Take The Lead In Civil Rights Reform, Neal Devins

Popular Media

No abstract provided.

Politics And Principles: An Assessment Of The Roosevelt Record On Civil Rights And Liberties, Peter Irons

Washington Law Review

The central focus of this article is on the role played in these episodes by the U.S. Department of Justice, the primary federal agency entrusted with law enforcement duties and powers. In particular, the role of the attorney general as the department's titular head and as the personification of federal enforcement of civil rights and liberties provides this article with its analytic framework. A recent press commentary put this crucial cabinet post in perspective: "More than anyone but the President himself, it is the Attorney General who sets the moral tone of an Administration, symbolizing its commitment or lack of …

The Self-Critical Analysis Privilege And Discovery Of Affirmative Action Plans In Title Vii Suits, Michigan Law Review

Michigan Law Review

This Note argues that plaintiffs should have access to affirmative action plans in discovery. Part I describes the "self-critical analysis" or "self-evaluative" privilege that employers have advanced to block discovery of such plans. Part II examines the conflicting interests of society, employers and employees in allowing or denying discovery. Part III evaluates the application of a self-critical analysis privilege in light of these conflicting interests and concludes that the privilege should not be applied to affirmative action plans.

Ake V. Oklaboma, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Oregon V. Elstad, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Alexander V. Choate, Lewis F. Powell Jr

Supreme Court Case Files

No abstract provided.

Wilson V. Garcia, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Group Libel Versus Free Speech: When Big Brother Should Butt In, Kenneth Lasson

All Faculty Scholarship

The year 1984 may not have fulfilled Orwellian prophecies of governmental totalitarianism, but citizens of the world remain no less concerned about the quality of their civil liberties. If people could live peacefully and productively together under a strict caste system, or blissfully in enslavement, there would be little impetus to identify 'natural rights' nor insistence upon what we know as 'freedom.' But human experience has amply demonstrated the universal yearning for personal liberty, as well as the need to legislate against its deprivation.

Thus Big Brother has been the enemy from long before the Magna Carta and long since …

The Proposed Amendment To Federal Rule Of Civil Procedure 68: Toughening The Sanctions, Julie M. Cheslik

Faculty Works

No abstract provided.

The Liability Of Third Parties Under Title Vii, Andrew O. Schiff

University of Michigan Journal of Law Reform

This Note considers the extent to which Title VII covers discrimination by third parties other than employment agencies and labor organizations. Part I analyzes the rationale for covering third parties, discussing Title VIl's language and the policies that Congress intended it to serve. Part II proposes a framework for analyzing the liability of third parties. Part III applies this framework to three instances where courts have disagreed about the liability of a particular third party: insurance companies' administration of employee benefits, state licensing agencies' licensing of individuals for various occupations, and hospitals' granting of staff privileges to doctors.

Yankees Out Of North America: Foreign Employer Job Discrimination Against American Citizens, Michigan Law Review

Michigan Law Review

This Note explores Title VII's relationship to the hiring practices of foreign employers. It focuses on Japanese employers, who might face the toughest Title VII challenge to a business and cultural familiarity or citizenship requirement. Part I sets out arguments for and against finding intentional discrimination - disparate treatment - in either of these hiring requirements. It suggests that a court should refuse to find national origin discrimination when the employer imposes a business and cultural familiarity requirement. However, when an applicant is denied employment solely on the basis of citizenship, a strong argument may be made that the …

School Desegregation Law In The 1980'S: The Courts' Abandonment Of Brown V. Board Of Education, Neal Devins

William & Mary Law Review

No abstract provided.