Civil Rights and Discrimination Commons^™

Age Discrimination In Employment Act Amendments Of 1978: Tension Between Congress And The Courts, John A. Adams, Jay D. Pimentel

BYU Law Review

No abstract provided.

The Civil Rights Attorney's Fees Awards Act Of 1976: A View From The Second Circuit, H. A. Zionts

Buffalo Law Review

No abstract provided.

Civil Rights--Federal Jurisdiction--Exhaustion Of Adequate And Appropriate State Administrative Remedies Is A Prerequisite For Judicial Review Under Section 1983, Camilla E. Watson

Scholarly Works

Georgia Patsy, a white female secretary, brought a civil rights action under section 1983 of title 42 of the United States Code against Florida International University in the United States District Court for the Southern District of Florida, alleging employment discrimination in violation of the Constitution and laws of the United States. The district court dismissed the action for failure to exhaust state administrative remedies. The Court of Appeals for the Fifth Circuit reversed on the ground that failure to allege exhaustion of state remedies did not preclude a section 1983 cause of action. On rehearing en banc, the court …

The Supreme Court's Interpretation Of The Civil Rights Act Of 1964: Liberty, Equality And The Limitation Of Judicial Power, Stephen L. Fluckiger

BYU Law Review

No abstract provided.

Teacher Dismissal: A View From Mount Healthy, E. Gordon Gee

BYU Law Review

No abstract provided.

Constitutional Law-Defamation-The Supreme Court Places Further Limitations On Designation As A "Public Figure" In Libel Actions- Wolston V. Reader's Digest Association, 443 U.S. 147 (1979)

BYU Law Review

No abstract provided.

Constitutional Law-Free Exercise Of Religion-State May Require A Photograph On A Drivers License Though The Licensee's Religious Beliefs Prohibits Photographs Of Any Type--Johnson V. Motor Vehicle Division, 593 P.2d 1363 (Colo. 1979)

BYU Law Review

No abstract provided.

Doing Good The Wrong Way: The Case For Delimiting Presidential Power Under Executive Order No. 11,246, Andrie K. Blumstein

Vanderbilt Law Review

The Note has demonstrated that the concept of affirmative action as embodied in the Executive Order Program induces race-conscious employment programs by federal contractors in contrast to the norm of race-neutral decision making imposed by the Civil Rights Act of 1964. The Note has also argued that a nexus analysis must define the parameters of executive authority to promulgate the Executive Order Program. In other words, there must be a close relationship between the alleged source of executive authority and the President's actual exercise of that authority...

This Note attempts to refine the Presidential power analysis of Youngstown Steel and …

On The Use Of Statistics In Employment Discrimination Cases, Richard M. Cohn

Indiana Law Journal

No abstract provided.

In Defense Of Disparate Impact Analysis Under Title Vii: A Reply To Dr. Cohn, Elaine W. Shoben

Indiana Law Journal

No abstract provided.

Statistical Laws And The Use Of Statistics In Law: A Rejoinder To Professor Shoben, Richard M. Cohn

Indiana Law Journal

No abstract provided.

Thurgood Marshall And The Forgotten Legacy Of Brown V. Board Of Education, Kenneth F. Ripple

Journal Articles

On May 17, 1979, the United States celebrated, with relatively little public ceremony, the twenty-fifth anniversary of Brown v. Board of Education. Two years earlier, another anniversary was celebrated even more quietly as Thurgood Marshall, the principal architect of the school desegregation litigation, celebrated his first decade as a justice of the Supreme Court of the United States. Anniversaries are traditionally a time both of celebration and reflection. These particular anniversaries are appropriate occasions for celebration since each marks an important milestone in American life. At the same time, both present a unique opportunity for reflection upon and reassessment of …

Let Them Be Judged: The Judicial Integration Of The Deep South / Federal Taxation Of Trusts, Grantors And Beneficiaries/, Steven F. Lawson, John H. Martin

Vanderbilt Law Review

Let Them be Judged: The Judicial Integration of the Deep South Frank T. Read and Lucy S. McGough

The manner in which federal judges in the South both retarded and promoted first-class citizenship rights for Black Americans is the topic of Frank Read's and Lucy McGough's 1978 work Let Them Be Judged: The Judicial Integration of the Deep South. The authors, law professors at the University of Tulsa and Emory University respectively, review in great detail the operation of the United States Court of Appeals for the Fifth Circuit in adjudicating the rapidly increasing volume of civil rights litigation after …

Xi. Employment Discrimination

Washington and Lee Law Review

No abstract provided.

Iv. Civil Rights

Washington and Lee Law Review

No abstract provided.

Complaint's Reliance On Seemingly Authoritative Statements Of Tec Employee Insufficient Equitable Grounds To Toll Title Vii Eeoc Filing Limitation., Thomas Mckenzie

St. Mary's Law Journal

Abstract Forthcoming.

Judicial Restrictions On Attorneys' Speech Concerning Pending Litigation: Reconciling The Rights To Fair Trial And Freedom Of Speech, Sally R. Weaver

Vanderbilt Law Review

The constitutionality of restraints on attorneys' speech has been considered by only two federal circuit courts: the Seventh Circuit, in Chicago Council of Lawyers v. Bauer,' and, more recently, the Fourth Circuit, in Hirschkop v. Snead.' Relying on many of the same precedents, the circuits nevertheless developed seemingly contrary standards. This Recent Development compares the analyses of these recent cases and suggests an appropriate standard for the accommodation of the conflicting rights of free speech and a fair trial.

Local Taxes, Federal Courts, And School Desegregation In The Proposition 13 Era, Michigan Law Review

Michigan Law Review

This Note examines a federal court's dilemma when the remedy of school desegregation collides with the trend of tax limitation - when a school desegregation order requires funds that the local school authorities do not have and cannot raise. Can the district court order a local tax levy to fund school desegregation when the school authorities have already reached their maximum taxing limit? Is there a better alternative remedy?

To tackle those questions, this Note first elucidates three equitable principles to guide courts in fashioning desegregation decrees. It then explores the history of judicial power to order state and local …

Title Vi, Title Ix, And The Private University: Defining "Recipient" And "Program Or Part Thereof", Michigan Law Review

Michigan Law Review

This Note explores the meaning of "recipient" and "program or part thereof' in title VI and title IX. Section I studies federal court definitions of "recipient" and the legislative history of title VI; it concludes that only organizations that exercise discretion in disbursing federal funds to students are "recipients." Section II explores the "program or part thereof' language as applied to the university by examining legislative history and recent discrimination cases. It argues that, since Congress sought to protect beneficiaries both from discrimination and from overbroad cutoffs, courts and agencies should draw the perimeters of a funds cutoff by balancing …

Remedies And Damages For Violation Of Constitutional Rights, Frank M. Mcclellan, Phoebe Haddon Northcross

Duquesne Law Review

No abstract provided.

Constitutional Law - Fourteenth Amendment - Due Process Clause - Civil Rights Actions - Identification Procedures, Richard T. Mcgonigle

Duquesne Law Review

The United States Supreme Court has held that the due process clause of the fourteenth amendment does not require a sheriff's department to establish identification procedures to ascertain the validity of a prisoner's protests of mistaken identity so long as the prisoner's arrest was made pursuant to a validly issued warrant.

Baker v. McCollan, 99 S. Ct. 2689 (1979).

Remedies And Damages For Violation Of Constitutional Rights, Frank M. Mcclellan, Phoebe A. Haddon

Faculty Scholarship

No abstract provided.

The Impact Of Immunity On Fee Awards Under The Civil Rights Attorney's Fees Awards Act Of 1976, Nancy L. White

Loyola University Chicago Law Journal

No abstract provided.

Racial Preference And The Constitution: The Societal Interest In The Equal Participation Objective, Robert Allen Sedler

Law Faculty Research Publications

No abstract provided.

Veterans' Preference Statutes: Do They Really Discriminate Against Women, Pat Labbadia Iii

Duquesne Law Review

No abstract provided.

Civil Rights - Sex Discrimination - Title Ix Of The Education Amendments Of 1972 - Implied Right Of Action, Kathy Condo-Caritis

Duquesne Law Review

The Supreme Court of the United States has held that a private right of action can be implied for victims of sex discrimination under Title IX of the Education Amendments of 1972.

Cannon v. University of Chicago, 441 U.S. 677 (1979).

Meeting The Equal Credit Opportunity Act's Specificity Requirement: Judgmental And Statistical Scoring Systems, Winnie F. Taylor

Faculty Scholarship

No abstract provided.

Derivative Immunity Under Section 1983: Conspiracies Between Immune Judicial Officials And Private Persons, 14 J. Marshall L. Rev. 89 (1980), Jacquelyn F. Kidder

UIC Law Review

No abstract provided.

5. Social Inquiry: Instructional Manual To Accompany 'Mark', Matthew Lipman, Ann Margaret Sharp

Secondary School Curriculum

The task of social studies as a discipline is to focus students’ already developed thinking skills upon the conceptual foundation of the social sciences. Students will think about these underlying concepts if they can talk about them, and they will talk about what they perceive as controversial or problematic. This, then, is what Mark and Social Inquiry aim to do: to identify selected root issues in the social sciences and expose to students the conflicting concepts at the heart of each issue.

Federal Practice And Procedure - Implied Cause Of Action - Title Vi Of The Civil Rights Act Of 1964 And Section 504 Of The Rehabilitation Act Of 1973 Imply Private Causes Of Action, Jane Duffy

Villanova Law Review (1956 - )

No abstract provided.