Civil Rights and Discrimination Commons^™

The Deduction Of Unemployment Compensation From Back-Pay Awards Under Title Vii, Eric A. Martin

University of Michigan Journal of Law Reform

This Note argues that federal courts should not deduct unemployment insurance benefits from Title VII back-pay awards. Part I reviews the legislative history and purposes behind the remedial provisions of Title VII. Part I also presents the arguments that courts have advanced regarding the deduction of unemployment benefits from Title VII back-pay awards. Part II assesses these arguments in light of analogous common law doctrine and the legislative objectives of Title VII, and advances arguments not yet considered by the courts. Finally, Part II concludes that federal courts should resolve this division of authority by not deducting unemployment benefits from …

Habeas Corpus Review Of State Trial Court Failure To Give Lesser Included Offense Instructions, Michael H. Hoffheimer

University of Michigan Journal of Law Reform

This Note advocates that federal courts review state criminal convictions in habeas corpus proceedings when lesser included offense instructions are available under state law but were not given. Part I demonstrates that granting such review conforms to the modern jurisdictional scope of federal collateral review because failure to give the instructions undermines the fact-finding function of juries and is therefore unconstitutional. Part II analyzes the proper standard of review and determines that the federal interest in protecting the reliability of the fact-finding process should prevail over any conflicting state interest in refusing to give lesser included offense instructions. Part II …

Proof Of Disparate Treatment Under The Age Discrimination In Employment Act: Variations On A Title Vii Theme, Mack A. Player

Scholarly Works

The Age Discrimination in Employment Act (ADEA) was enacted in 1967 and substantially amended in 1974 and 1978. Generally stated, the ADEA prohibits employer discrimination by public and private "employers" (persons having twenty or more employees), labor unions, and employment agencies. Protection against age discrimination is granted, however, only to employees and applicants between the ages of forty and seventy. It is illegal to discriminate on the basis of age against persons within the forty-to-seventy age group regardless of whether the person favored by the discrimination is within or without the protected age group or is younger or older than …

Book Review Of Civil Rights Legislation: Cases And Materials, Daan Braveman

Journal of Legal Education

No abstract provided.

Iv. Civil Rights & Employment Discrimination

Washington and Lee Law Review

No abstract provided.

The Sedition Of Free Speech, Lee C. Bollinger

Michigan Law Review

A Review of When Government Speaks: Politics, Law, and Government Expression in America by Mark G. Yudof

Illegitimacy: An Examination Of Bastardy, Michigan Law Review

Michigan Law Review

A Review of Illegitimacy: An Examination of Bastardy by Jenny Teichman

Just Schools: The Idea Of Racial Equality In American Education, Michigan Law Review

Michigan Law Review

A Review of Just Schools: The Idea of Racial Equality in American Education by David L. Kirp

Civil Liberties: Current Developments In The Seventh Circuit Regarding First Amendment, Procedural Due Process, Employment Discrimination And The Enforcement Of Civil Rights, Ivan E. Bodensteiner, Rosalie Levinson

Law Faculty Publications

No abstract provided.

Attorney's Fees Under The Civil Rights Act - A Time For Change, 16 J. Marshall L. Rev. 261 (1983), Robert W. Fioretti, James J. Convery

UIC Law Review

No abstract provided.

Ethical And Legal Concerns In Compelling The Waiver Of Attorney's Fees By Civil Rights Litigants In Exchange For Favorable Settlement Of Cases Under The Civil Rights Attorney's Fees Awards Act Of 1976, James Kraus

Villanova Law Review (1956 - )

No abstract provided.

Right To Education For The Handicapped In West Virginia, Laura F. Rothstein

West Virginia Law Review

1981 was the International Year of the Disabled Person. During that year handicapped individuals received much attention from the press. Hopefully this publicity will result in an increased awareness of the existence of handicapped persons in our society, the special problems they have, and also their special abilities. Of the legal issues concerning handicapped individuals, the one receiving the most attention is the right to education. Many changes have occurred in the legal requirements placed on state and local educational agencies, and these changes in the law have caused dramatic changes in the attitudes of parents, teachers, administrators, and others …

"The Right Of The People": Reconciling Collective And Individual Interests Under The Fourth Amendment, Donald L. Doernberg

Elisabeth Haub School of Law Faculty Publications

Professor Doernberg examines a tension within fourth amendment jurisprudence and sugqests a means of resolving it. On the one hand, the Supreme Court has conferred fourth amendment standing only upon those whose personal privacy interests have been disturbed. On the other hand, the Court has allowed such persons to invoke the exclusionary rule only in circumstances where, in the Court's view, it would serve as an effective deterrent. Professor Doernberg traces these two po1icies to different conceptions of the fourth amendment: the first interprets the amendment as a guarantor of individual rights; the second construes it as an instrument for …

Individual Rights In The Work Place: The Burger Court And Labor Law, Theodore J. St. Antoine

Book Chapters

The Supreme Court, like other institutions, must play the part that the times demand, often with small regard for the personal predilections of its membership. The Warren Court and the Burger Court, in their respective contributions to the law of union-employer-employee relations, almost reversed the roles they might have been expected to assume. The major accomplishment of the Court in the labor area during the Warren era was a fundamental restructuring of intergovernmental relationships, while the Court's overriding concern throughout the Burger decade of the 1970s and beyond has been the defining of individual rights in the work place.

Hopkins Engagement Calendar For 1983, Anne B. Hopkins

Ann B. Hopkins Papers

No abstract provided.

And The Whole Earth Was One Of Language - A Broad View Of Dispute Resolution, Henry H. Perritt Jr.

Villanova Law Review (1956 - )

No abstract provided.

Implying A Private Cause Of Action Under Title Vi, Sheldon Joel Tepler

University of Arkansas at Little Rock Law Review

No abstract provided.

The Relevance Of Statistics To Prove Discrimination: A Typology, Julia C. Lamber, Barbara Reskin, Terry Dworkin

Articles by Maurer Faculty

No abstract provided.

Applying Restitution To Remedy A Discriminatory Denial Of Partnership, Candace Kovacic-Fleischer

Scholarly Articles in Law Reviews & Journals

This article suggests that a plaintiff can bring a state cause of action in restitution, liability in unjust enrichment, as an alternative to a federal cause of action in Title VII if the plaintiff was discriminatorily denied partnership by a firm that paid her a salary, but billed her time by the hour to clients. If the firm earned more than it paid in salary and overhead to the plaintiff, that amount would be defendant’s gain, one of the elements of an action in restitution, and the amount to be disgorged should plaintiff prove the other two elements, that the …

Employment Problems Of The Handicapped: Would Title Vii Remedies Be Appropriate And Effective?, Cornelius J. Peck

University of Michigan Journal of Law Reform

This Article argues that the employment problems of the handicapped are not well-suited for treatment under a statutory discrimination model. Underlying this argument is the belief that the concept of discrimination is not adaptable to the problems of the handicapped, and efforts to apply it will only worsen existing problems. Part I begins by defining the meaning of discrimination, and then explores the similarities and differences between discrimination against the handicapped, and discrimination based on race, sex, religion, and national origin. The purpose of this discussion is to provide a basic framework for understanding claims that the handicapped should be …

British Anti-Discrimination Law: An Introduction, Christopher Mccrudden

Penn State International Law Review (1982 - 2011)

The United Kingdom is a signatory of a number of international treaties protecting various aspects of human rights, including freedom from discrimination. Yet, there is no legislation in this country protecting a comprehensive list of human rights in the manner of the United States Bill of Rights, although there have been a number of unsuccessful atempts to enact such legislation since 1969. Moreover, prior to race relations legislation, there was no general rule, policy or principle in common law directly relevant to combating racial discrimination or incitement to racial hatred.

The inadequacies of the common law and statutes stimulated several …

The Bivens Remedy In Prisoners' Rights Litigation

Washington and Lee Law Review

No abstract provided.

Post-Contractual Arbitrability After Nolde Brothers: A Problem Of Conceptual Clarity, Arthur S. Leonard

Articles & Chapters

In Nolde Brothers, Inc. v. Local No. 358, Bakery & Confectionery Workers Union,' the Supreme Court held that a labor-management grievance dispute which arose after the expiration of a collective bargaining agreement might, under certain circumstances, be compulsorily arbitrable even though no successor agreement providing for arbitration had been entered into by the parties.2 In so holding, however, the Supreme Court was imprecise in articulating the factors underlying its determination,3 leaving to the lower courts and the National Labor Relations Board (Board) the considerable task of adopting the broadly phrased Nolde rationale-a presumption of continuing arbitrability- to differing situations where …

Title Ix And Employment Discrimination: North Haven Board Of Education V. Bell, Claire G. Cardwell

University of Richmond Law Review

In 1972, Congress enacted Title IX of the Education Amendments in response to widespread sex discrimination by educational institutions. The goal of the statute was to prevent the use of federal funds to support discriminatory practices by institutions of higher education. In 1975, the Department of Health, Education and Welfare (HEW) issued regulations pursuant to sections 901 and 902 of Title IX. These regulations were specifically directed at the employment practices of federally funded education programs.

Damages In Age Discrimination Cases - The Need For A Closer Look, Lavinia A. James

University of Richmond Law Review

Prior to 1967, older workers throughout the country were virtually unprotected from discrimination in their employment based on age. In the 1960's Congress first attempted to combat such discrimination against the elderly; however, none of the enacted statutes had an express prohibition on age discrimination.

Integration And Local Politics, Neal Devins

Faculty Publications

No abstract provided.

Book Review Of Sexual Politics, Sexual Communities: The Making Of A Homosexual Minority In The United States 1940–1970, By John D’Emilio, Arthur S. Leonard

Other Publications

No abstract provided.

Gentrification And The Law: Combatting Urban Displacement, Henry Mcgee, Donald C. Bryant Jr.

Faculty Articles

This article stresses a "push" perspective in its examination of how these legally structured forces have stimulated the return of the gentry to the central urban areas of the United States.

Civil Rights - Title Vi - The Exhaustion Of Administrative Remedies Is Not A Prerequisite To A Private Right Of Action Under Title Vi, Carolyn J. Warter

Villanova Law Review (1956 - )

No abstract provided.

Editor's Preface, Jeffrey A. Markowitz

Villanova Law Review (1956 - )

No abstract provided.