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Articles 13621 - 13650 of 14879

Full-Text Articles in Civil Rights and Discrimination

Wartime Internment Of Japanese-Americans: An Examination Of Wartime Reparations Proposals, Cindy K. Smith Jan 1982

Wartime Internment Of Japanese-Americans: An Examination Of Wartime Reparations Proposals, Cindy K. Smith

Seattle University Law Review

This comment analyzes the proposed Japanese internment remedies in light of the injury done by the interment. First, a discussion of the history surrounding the internment establishes the existence of an injury and the extent of the injury suffered by the Japanese-Americans. Second, the previous remedy is examined. Third, this comment establishes that Congress has the power to satisfy judicially noncognizable claims and that Japanese-American claims justify Congressional action. Fourth, the goals a remedial plan must seek to achieve are examined. Finally, the individual remedial plans are analyzed in light of those goals, ultimately concluding a plan involving both direct …


Granting Charitable Tax Exemptions To Racially Discriminatory Schools, Kathleen Mcdonough Jan 1982

Granting Charitable Tax Exemptions To Racially Discriminatory Schools, Kathleen Mcdonough

Kentucky Law Journal

No abstract provided.


Liberty Vs. Equality: Congressional Enforcement Power Under The Fourteenth Amendment, Kingsley R. Browne Jan 1982

Liberty Vs. Equality: Congressional Enforcement Power Under The Fourteenth Amendment, Kingsley R. Browne

Law Faculty Research Publications

No abstract provided.


The Right Of Confrontation: Part I, Paul C. Giannelli Jan 1982

The Right Of Confrontation: Part I, Paul C. Giannelli

Faculty Publications

No abstract provided.


Constitutional Law - Equal Protection - A Texas Statute Which Withholds State Funds For The Education Of Illegal Alien Children And Permits Local School Districts To Deny Enrollment To Such Children Does Not Further A Substantial State Interest And Therefore Violates The Equal Protection Clause Of The Fourteenth Amendment, Michael P. Gallagher Jan 1982

Constitutional Law - Equal Protection - A Texas Statute Which Withholds State Funds For The Education Of Illegal Alien Children And Permits Local School Districts To Deny Enrollment To Such Children Does Not Further A Substantial State Interest And Therefore Violates The Equal Protection Clause Of The Fourteenth Amendment, Michael P. Gallagher

Villanova Law Review (1956 - )

No abstract provided.


Employment Discrimination In The Armed Services - An Analysis Of Recent Decisions Affecting Sexual Preference Discrimination In The Military, Lawrence R. Deiter Jan 1982

Employment Discrimination In The Armed Services - An Analysis Of Recent Decisions Affecting Sexual Preference Discrimination In The Military, Lawrence R. Deiter

Villanova Law Review (1956 - )

No abstract provided.


Constitutional Law, Various Editors Jan 1982

Constitutional Law, Various Editors

Villanova Law Review (1956 - )

No abstract provided.


The Cairo Experience: Civil Rights Litigation In A Racial Powder Keg, 61 Or. L. Rev. 285 (1982), Michael P. Seng Jan 1982

The Cairo Experience: Civil Rights Litigation In A Racial Powder Keg, 61 Or. L. Rev. 285 (1982), Michael P. Seng

UIC Law Open Access Faculty Scholarship

No abstract provided.


Employment Discrimination And The Visually Impaired, David A. Yuckman Jan 1982

Employment Discrimination And The Visually Impaired, David A. Yuckman

Washington and Lee Law Review

No abstract provided.


The Sterilization Rights Of Mental Retardates Jan 1982

The Sterilization Rights Of Mental Retardates

Washington and Lee Law Review

No abstract provided.


The Proportionality Test In Section 1988 Fee Awards, Edward T. Stein, Linda E. Fisher Jan 1982

The Proportionality Test In Section 1988 Fee Awards, Edward T. Stein, Linda E. Fisher

Loyola University Chicago Law Journal

No abstract provided.


The Right Of Confrontation: Part Ii, Paul C. Giannelli Jan 1982

The Right Of Confrontation: Part Ii, Paul C. Giannelli

Faculty Publications

No abstract provided.


The Right To Defense Experts, Paul C. Giannelli Jan 1982

The Right To Defense Experts, Paul C. Giannelli

Faculty Publications

No abstract provided.


Supplementing The Functional Test Of Prosecutorial Immunity, Anthony J. Luppino Jan 1982

Supplementing The Functional Test Of Prosecutorial Immunity, Anthony J. Luppino

Faculty Works

No abstract provided.


Employment Discrimination Against The Overweight, Karol V. Mason Jan 1982

Employment Discrimination Against The Overweight, Karol V. Mason

University of Michigan Journal of Law Reform

Part I of the Note discusses the existence of employment discrimination against the overweight and the significance of the problem it poses. Part II examines existing employment discrimination legislation to discern what protection is currently available to the overweight. Finally, part III concludes that present laws are inadequate to protect overweight persons from employment discrimination. The Note argues for the passage of legislation designating weight as a classification protected from employment discrimination, and prohibiting the use of weight standards unrelated to job performance. Such legislation is necessary to allow the growing number of overweight Americans the opportunity to compete equally …


Prosecutorial Discretion And Discrimination In The Decision To Charge, Amy G. Applegate Jan 1982

Prosecutorial Discretion And Discrimination In The Decision To Charge, Amy G. Applegate

Articles by Maurer Faculty

No abstract provided.


Bottom Line Defense In Title Vii Actions: Supreme Court Rejection In Connecticut V. Teal And A Modified Approach, David Yellen Jan 1982

Bottom Line Defense In Title Vii Actions: Supreme Court Rejection In Connecticut V. Teal And A Modified Approach, David Yellen

Articles

Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against job applicants or employees on the basis of race, color, religion, sex, or national origin. The statute proscribes both intentional discrimination and facially neutral selection devices that disproportionately exclude members of minority groups from certain jobs and are unrelated to job performance. Proponents of the "bottom line defense" argue that even where the plaintiff proves that a particular step in the hiring or promotion process disparately affects minorities, title VII is not violated if the employer demonstrates that the result of the entire selection process, the …


Ethical Issues In The Representation Of Individuals In The Commitment Process, Michael L. Perlin, Robert Sadoff Jan 1982

Ethical Issues In The Representation Of Individuals In The Commitment Process, Michael L. Perlin, Robert Sadoff

Articles & Chapters

No abstract provided.


Selective Incorporation Revisited, Jerold H. Israel Jan 1982

Selective Incorporation Revisited, Jerold H. Israel

Articles

In June 1960 Justice Brennan's separate opinion in Ohio ex re. Eaton v. Price' set forth what came to be the doctrinal foundation of the Warren Court's criminal procedure revolution. Justice Brennan advocated adoption of what is now commonly described as the "selective incorporation" theory of the fourteenth amendment. That theory, simply put, holds that the fourteenth amendment's due process clause fully incorporates all of those guarantees of the Bill of Rights deemed to be fundamental and thereby makes those guarantees applicable to the states. During the decade that followed Ohio ex re. Eaton v. Price, the Court found incorporated …


Congress, The Courts, And Civil Rights: The Fair Housing Act Of 1968 Revisited, Charles M. Lamb Jan 1982

Congress, The Courts, And Civil Rights: The Fair Housing Act Of 1968 Revisited, Charles M. Lamb

Villanova Law Review (1956 - )

No abstract provided.


Strict Construction And Judicial Review Of Racial Discrimination Under The Equal Protection Clause: Meeting Raoul Berger On Interpretivist Grounds, Paul R. Dimond Jan 1982

Strict Construction And Judicial Review Of Racial Discrimination Under The Equal Protection Clause: Meeting Raoul Berger On Interpretivist Grounds, Paul R. Dimond

Michigan Law Review

In the face of this common understanding of the vagueness of much of the constitutional text, Berger bears the burden of proving that the equal protection clause was intended to enumerate specific, narrow protections against racial discrimination. This Article examines several contemporary sources to determine whether he has accomplished that task. It proceeds in six parts. Part I analyzes the text of the fourteenth amendment and contemporaneous congressional views on judicial review. Contrary to Berger's construction, the equal protection clause is not limited by its terms to the privileges or immunities clause or to the specific rights enumerated in the …


Two Categories Of Discriminatory Intent, Eric Schnapper Jan 1982

Two Categories Of Discriminatory Intent, Eric Schnapper

Articles

This Article suggests that the Court's current confusion derives in part from its failure to distinguish between two categories of discriminatory intent, which may be termed goal discrimination and means discrimination. Goal discrimination involves the invidious consideration of race in the selection of the objective which a government policy seeks to achieve. Means discrimination occurs when there is an invidious consideration of race in selecting or weighing the method to be used in achieving that objective. Both forms of discrimination fall within the equal protection clause's prohibition against discriminatory government action, but they involve different circumstances and thus must be …


Sex Discrimination - Title Ix Applies To Employees, Barbara Hollingsworth Jan 1982

Sex Discrimination - Title Ix Applies To Employees, Barbara Hollingsworth

Campbell Law Review

This note will examine the Court's rationale and the implications of the North Haven Board of Education v. Bell decision.


The Skokie Legacy: Reflections On An "Easy Case" And Free Speech Theory, Lee C. Bollinger Jan 1982

The Skokie Legacy: Reflections On An "Easy Case" And Free Speech Theory, Lee C. Bollinger

Faculty Scholarship

Few legal disputes in the last decade captured public attention with such dramatic force as that involving a small band of Nazis and the village of Skokie. For well over a year, the case was seldom out of the news and often thought to merit front page coverage. It all began in the spring of 1977 when Frank Collin, the leader of the Chicago-based National Socialist Party of America, requested a permit to march in front of the Skokie village hall. The community, with a Jewish population of over 40,000, several thousand of whom had survived the Holocaust, mobilized all …


Hathorn V. Lovorn, Lewis F. Powell, Jr. Oct 1981

Hathorn V. Lovorn, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.


Crawford V. Board Of Education Of City Of Los Angeles, Lewis F. Powell Jr. Oct 1981

Crawford V. Board Of Education Of City Of Los Angeles, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


National Association For The Advancement Of Colored People V. Claiborne Hardware Company, Lewis F. Powell, Jr. Oct 1981

National Association For The Advancement Of Colored People V. Claiborne Hardware Company, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.


Rogers V. Lodge, Lewis F. Powell Jr. Oct 1981

Rogers V. Lodge, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Ford Motor Co. V. Equal Employment Opportunity Commission (Eeoc), Lewis F. Powell Jr. Oct 1981

Ford Motor Co. V. Equal Employment Opportunity Commission (Eeoc), Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Washington V. Seattle School District No. 1, Lewis F. Powell Jr. Oct 1981

Washington V. Seattle School District No. 1, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.