Civil Rights and Discrimination Commons^™

Title Vii: When Is A Pretext Not A Pretext? An Analysis Of Westinghouse Electric Corp. V. Vaughn, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case Westinghouse Electric Corp. v. Vaughn, 466 U.S. 521 (1984). The author expected the Court to clarify the evidentiary requirements and burdens of plaintiffs and defendants in litigating a disparate treatment claim under Title VII of the Civil Rights Act of 1964.

A Review Of Federal Court Decisions Under Title Vii Of The Civil Rights Act Of 1964, Mary L. Heen

Law Faculty Publications

Fifteen essays examine the highly emotional debate, considering discussions by unions, state legislatures, and the courts.

The Force Of Irony: On The Morality Of Affirmative Action And United Steelworkers V. Weber, Richard O. Lempert

Articles

In recent years, affirmative action has posed difficult problems not only for courts and legislatures but also for individuals who puzzle over what is just. The claims made both by the proponents of programs that establish preferences on the basis of race and by their staunch opponents have an intuitive appeal. The slave society that preceded the Civil War and the Jim Crow era that endured for a century afterward are a shameful legacy for a nation that seeks to define itself in terms of justice and freedom. The proportionate underrepresentation of black people in positions of power and privilege …

Proof Of Injury And Damages In Non-Standardized Product Price-Fixing Class Actions, Nancy R. Heller

Cardozo Law Review

No abstract provided.

Substantive Due Process And The Scope Of Constitutional Torts, Michael L. Wells, Thomas A. Eaton

Scholarly Works

The thesis of this Article is that both the Supreme Court and its critics have failed to identify and confront the central issue presented by these due process constitutional tort cases. That issue is neither procedural fairness nor the choice between state and federal courts. It is deciding whether a government-inflicted injury to life, liberty, or property violates the substantive protections of the due process clauses and thereby warrants a constitutionally derived tort remedy. In Part II of this Article we examine the Supreme Court's decisions in this area, focusing primarily on Parratt v. Taylor. We demonstrate that neither Parratt …

Race And The Decision To Detain A Suspect, Sheri Johnson

Cornell Law Faculty Publications

No abstract provided.

Davis V. Scherer, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Schall V. Martin, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.

Irving Independent School District V. Tatro, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Smith V. Robinson, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Palmore V. Sidoti, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Roberts V. United States Jaycees, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Grove City College V. Bell, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

The Legal And Economic Implications Of Sexual Harassment, Suzanne E. Andrews

North Carolina Central Law Review

No abstract provided.

Title Ix As A Tool For Eliminating Gender-Based Employment Discrimination At Educational Institutions, North Haven Board Of Education V. Bell, Alice R. Senechal

North Carolina Central Law Review

No abstract provided.

Claiborne Hardware: A Major Step Beyond Picketing, Susan Shell Iddings

North Carolina Central Law Review

No abstract provided.

Stotts V. Memphis Fire Department, 679 F.2d 541 (6th Cir. 1982), Cert. Granted, 51 U.S.L.W. 3871 (U.S. June 7, 1983) (No. 82-229), Timothy P. Hoban

Florida State University Law Review

Constitutional Law-Civil Rights-THE SIXTH CIRCUIT HOLDS THAT JUDICIALLY IMPOSED RACIAL QUOTAS TAKE PRECEDENCE OVER A SENIORITY SYSTEM

Notice To Class Members Under The Fair Labor Standards Act Representative Action Provision, Thomas Ashby

University of Michigan Journal of Law Reform

Federal courts currently apply different standards concerning the permissibility of notice. Although the Ninth Circuit forbids notice and the Seventh Circuit grants plaintiffs a right to send notice, the Second Circuit permits notice only in appropriate cases. This Note advocates that plaintiffs in FLSA and ADEA actions should be allowed to notify potential class members in appropriate cases. Part I analyzes inherent court powers, statutes, legislative history, and federal policies relating to notice. It concludes that enactment of FLSA and ADEA remedies did not alter the inherent power of federal courts to permit or prohibit notice. On the contrary, only …

Home Rule For Women: Power-Sharing Between Men And Women, Christine Boyle

Dalhousie Law Journal

This paper is about the Canadian electoral system and the need for reform of its constituent units. Canadian politics have been remarkable for the comparative lack of interest that has been displayed in this aspect of the system, an aspect that is of great importance in any democratic society. In 1949, a speaker at the annual meeting of the Canadian Political Science Association in Halifax summed up the situation as follows: The basic units of representation . . . the constituencies, are thus conceived in the darkness of a legislative committee, and born to blush unseen on an electoral map …

West Virginia's Racial Heritage: Not Always Free, A. Leon Higginbotham Jr.

West Virginia Law Review

No abstract provided.

The 1982 Amendments To The Voting Rights Act: A Legislative History, Thomas M. Boyd, Stephen J. Markman

Washington and Lee Law Review

No abstract provided.

Ua21 Wku Affirmative Action Plan Volume Iii, Wku Office Of Equal Opportunity / 504 / Ada Compliance

WKU Administration Documents

This annual report of progress in the affirmative action - equal employment opportunity program is made in accordance with Section XIII of the Affirmative Action Plan, as amended July 1, 1981. This report will consist of four main elements:

1. Promotions During the Year
2. Recruitment Activities, Includes Goals & Results
3. Comparison of Personnel Strengths during 1981-82 & 1982-83
4. Conclusions Regarding Overall Progress & Recommendations for Future Improvements

Involuntary Sterilization In Virginia: From Buck V. Bell To Poe V. Lynchburg, Paul A. Lombardo

Faculty Publications By Year

No abstract provided.

Employment Discrimination—The Bottom Line Defense In Disparate Impact Cases, Robert S. Tschiemer

University of Arkansas at Little Rock Law Review

No abstract provided.

Employment Discrimination And Labor Arbitrators: A Question Of Competence, Anthony F. Bartlett Pace University School Of Law

West Virginia Law Review

During the Second World War labor arbitration came to prominence in the United States as an important means of resolving disputes between labor and management. In the post-War years it gradually achieved a pre-eminent position in the American collective bargaining system, finally acquiring the imprimatur of the Supreme Court in 1960. Crucial to the Court's rationale for requiring virtual judicial abstension in regard to labor arbitration was its perception of the arbitration process as an informal and flexible system manned by arbitrators who were in possession of a high level of competence in the realities of labor relations. This view …

Apartheid Baltimore Style: The Residential Segregation Ordinances Of 1910-1913, Garrett Power

Faculty Scholarship

On May 15, 1911, Baltimore Mayor J. Barry Mahool signed into law an ordinance for “preserving the peace, preventing conflict and ill feeling between the white and colored races in Baltimore City.” This ordinance provided for the use of separate blocks by African American and whites and was the first such law in the nation directly aimed at segregating black and white homeowners. This article considers the historical significance of Baltimore’s first housing segregation law.

Employee Selection Base On Susceptibility To Occupational Illness, Mark A. Rothstein

Michigan Law Review

This Article attempts to compile the latest information available concerning this difficult problem. Part I reviews the scientific literature, explaining the biological basis of increased risk of occupational disease. Part II explores the efforts of various employers to incorporate this research into their personnel practices. Part III surveys the legal response to these practices. Employees may challenge medical screening on a variety of theories, most of which were not designed to deal with the problem of susceptibility to occupational disease. Not surprisingly, none of the approaches offers an entirely satisfactory response to the problem. This Article offers no clear answers. …

The Section 1983 Remedy And Purely Statutory Federal Rights: Ryans V. New Jersey Commission For The Blind And Visually Impaired, Peter E. Ormsby

BYU Law Review

No abstract provided.

"Suspect Class" Revisited: An Alternative View Of "Handicap", Nell J. Mohn

In the Public Interest

No abstract provided.

Marital Status Discrimination: A Survey Of Federal Caselaw, Joyce D. Edelman

West Virginia Law Review

No abstract provided.