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Articles 13831 - 13860 of 14879

Full-Text Articles in Civil Rights and Discrimination

Civil Rights - Employment Discrimination - Employer May Establish Voluntary Affirmative Action Program Within Area Of Discretion Granted By Title Vii, Penny Tannenbaum Jan 1979

Civil Rights - Employment Discrimination - Employer May Establish Voluntary Affirmative Action Program Within Area Of Discretion Granted By Title Vii, Penny Tannenbaum

Villanova Law Review (1956 - )

No abstract provided.

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Birth Defects Caused By Parental Exposure To Workplace Hazards: The Interface Of Title Vii With Osha And Tort Law, Lynne Darcy Jan 1979

Birth Defects Caused By Parental Exposure To Workplace Hazards: The Interface Of Title Vii With Osha And Tort Law, Lynne Darcy

University of Michigan Journal of Law Reform

This article will examine the problem of workers' exposure to toxic substances that affect human reproductive functions in light of the applicable legal framework provided by tort law, the Occupational Safety and Health Act of 1970 (OSHA), and Title VII of the Civil Rights Act of 1964. What employers may do to deal with this problem under existing law, and possible resolutions of some apparent conflicts between the underlying purposes of these laws, will also be delineated. It is the position of this article that the competing interests of employers, workers, and workers' offspring must be harmonized not by excluding …

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Book Review: In The Matter Of Color: Race & The American Legal Process-The Colonial Period. By Leon Higgenbotham, Jr. , 12 J. Marshall J. Prac. & Proc. 731 (1979), Robert Kratovil Jan 1979

Book Review: In The Matter Of Color: Race & The American Legal Process-The Colonial Period. By Leon Higgenbotham, Jr. , 12 J. Marshall J. Prac. & Proc. 731 (1979), Robert Kratovil

UIC Law Review

No abstract provided.

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Davis V. Passman: Implied Constitutional Remedies For Congressional Employees, Richard S. Reizen Jan 1979

Davis V. Passman: Implied Constitutional Remedies For Congressional Employees, Richard S. Reizen

Loyola University Chicago Law Journal

No abstract provided.

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Equality Between The Sexes In The 1980'S, Nancy S. Erickson Jan 1979

Equality Between The Sexes In The 1980'S, Nancy S. Erickson

Cleveland State Law Review

Any discussion of equality under the law must necessarily revolve around the equal protection clause. Therefore, this discussion will indicate first where equal protection analysis has succeeded ineffectively dealing with sex discrimination and the significance of the judicial policy behind these successes. Secondly, the failures of the equal protection clause will be examined with specific attention to the five methods in which the equal protection clause has failed to eliminate laws discriminating on the basis of sex. Finally, the failures of the equal protection clause will be illustrated as starting points for work in the area of sexual equality in …

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Equality Between The Sexes In The 1980'S, Nancy S. Erickson Jan 1979

Equality Between The Sexes In The 1980'S, Nancy S. Erickson

Cleveland State Law Review

Any discussion of equality under the law must necessarily revolve around the equal protection clause. Therefore, this discussion will indicate first where equal protection analysis has succeeded ineffectively dealing with sex discrimination and the significance of the judicial policy behind these successes. Secondly, the failures of the equal protection clause will be examined with specific attention to the five methods in which the equal protection clause has failed to eliminate laws discriminating on the basis of sex. Finally, the failures of the equal protection clause will be illustrated as starting points for work in the area of sexual equality in …

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Bakke In Balance: Some Preliminary Thoughts, Robert M. O'Neil Jan 1979

Bakke In Balance: Some Preliminary Thoughts, Robert M. O'Neil

Articles by Maurer Faculty

No abstract provided.

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Civil Liberties: Desegregation, Prisoners' Rights And Employment Discrimination In The Seventh Circuit, Patrick Baude, Julia C. Lamber Jan 1979

Civil Liberties: Desegregation, Prisoners' Rights And Employment Discrimination In The Seventh Circuit, Patrick Baude, Julia C. Lamber

Articles by Maurer Faculty

No abstract provided.

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More On The Bakke Decision, Robert M. O'Neil, Kenneth S. Tollett, David E. Feller, William Van Alstyne Jan 1979

More On The Bakke Decision, Robert M. O'Neil, Kenneth S. Tollett, David E. Feller, William Van Alstyne

Articles by Maurer Faculty

No abstract provided.

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Proving Discriminatory Intent From A Facially Neutral Decision With A Disproportionate Impact Jan 1979

Proving Discriminatory Intent From A Facially Neutral Decision With A Disproportionate Impact

Washington and Lee Law Review

No abstract provided.

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Marion Allan Wright Papers - Accession 197, Marion Allan Wright Jan 1979

Marion Allan Wright Papers - Accession 197, Marion Allan Wright

Manuscript Collection

The Marion Allan Wright Papers consist of correspondence, a journal, autobiographical writings, bibliographies, biographical data, essays, speeches, book reviews, short stories, poems, letters to the editor, oral history transcripts and other papers. Subjects include the death penalty, the civil rights movement, civil liberties, libraries in South Carolina and politics. Correspondents include R. Beverly Herbert, L. Mendel Rivers, J, William Fulbright, Sam Ervin, Jr., Reverend James P. Dees, Preston Wright (Wright's brother) and other relatives. See Acc 48 for an earlier accession of Wright papers and the oral history collection for recorded interviews with Wright.

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Monell V. New York Board Of Social Services: New Liability For Land Use Regulators In Ohio - The Limits Of Regulatory Power, James M. Speros Jan 1979

Monell V. New York Board Of Social Services: New Liability For Land Use Regulators In Ohio - The Limits Of Regulatory Power, James M. Speros

Cleveland State Law Review

Monell places decisions of local agencies regarding land use in an entirely new light. While the exact scope of local governmental liability is yet to be determined, land use decisions can no longer be made without consideration of potential financial consequences from this new civil rights liability. Local governments must be aware that this potential financial responsibility will make challenges to land use decisions far more attractive to landowners. Thus, local governments must pay particular attention to the specific limitations on their power to regulate land use control, for significant financial liability may now be imposed if these bodies exceed …

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Children's Rights: A Movement In Search Of Meaning, Stephen W. Bricker Jan 1979

Children's Rights: A Movement In Search Of Meaning, Stephen W. Bricker

University of Richmond Law Review

The children's rights movement is a unique phenomenon among the various "rights" efforts today. Nonetheless, it shares some superficial similarities with the other antildiscrimination movements. Children's rights, like those of blacks and women, concern the role of an identifiable segment of our society which has traditionally been placed at a legal and social disadvantage. The children's rights movement also espouses the reallocation of legal power as a means to correct this perceived imbalance. Further, it grew out of the same social currents, first apparent in the 1950's and 1960's, which produced the kindred civil rights efforts.

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The Repudiation Of Plato: A Lawyer's Guide To The Educational Rights Of Handicapped Children, Robert E. Shepherd Jr. Jan 1979

The Repudiation Of Plato: A Lawyer's Guide To The Educational Rights Of Handicapped Children, Robert E. Shepherd Jr.

University of Richmond Law Review

Plato's solution for the handicapped children of Athens advanced some 2400 years ago was rejected by the Supreme Court of the United States in famous dictum in Meyer v. Nebraska as being "ideas. . . wholly different from those upon which our institutions rest .... " However, it took about half a century for the ultimate repudiation of the ideas espoused by the great philosopher as the Supreme Court's 1923 dictum finally bore fruit in federal court decisions establishing a constitutional right to education for handicapped children and in a congressional definition of such a right in the Education for …

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Bakke As Precedent: Does Mr. Justice Powell Have A Theory, Vincent A. Blasi Jan 1979

Bakke As Precedent: Does Mr. Justice Powell Have A Theory, Vincent A. Blasi

Faculty Scholarship

What does it all mean? The Supreme Court's decision in Regents of the University of California v. Bakke invites assessment at many levels. Was it really a "Solomonic compromise" worthy of our constitutional tradition, as some prominent scholars have suggested? Or does the decision represent, as I believe it does, a disturbing failure by the Court to discharge its responsibility to give coherent, practical meaning to our most important constitutional ideals? Does the uncharacteristically opaque and simplistic opinion of Justice Stevens mask deep divisions and ambivalences among the four justices who subscribed to it? Can there be any validity to …

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Federal Courts - 42 U.S.C. 1983 - Suing Municipalities Under 42 U.S.C. 1983: The Impact Of Monell V. Department Of Social Services, Howard M. Klein Jan 1979

Federal Courts - 42 U.S.C. 1983 - Suing Municipalities Under 42 U.S.C. 1983: The Impact Of Monell V. Department Of Social Services, Howard M. Klein

Villanova Law Review (1956 - )

No abstract provided.

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Making Sense Of Desegregation And Affirmative Action, William W. Van Alstyne Jan 1979

Making Sense Of Desegregation And Affirmative Action, William W. Van Alstyne

Faculty Publications

This review discusses J. Harvie Wilkinson's From Brown to Bakke and its companion work, Counting by Race: Equality from the Founding Fathers to Bakke and Weber written by Terry Eastland and William J. Bennett. Wilkinson's work is found to maintain a narrow focus on its specific subject of school desegregation and the Supreme Court, but it suffers from over-exaggeration and an abundance of adornment in his writing style. Counting is a provocative piece that asserts the position that the Constitution is still not color-blind, despite what many have proposed, and makes an authoritative argument for such a claim.

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Civil Rights Litigation After Monell, Eric Schnapper Jan 1979

Civil Rights Litigation After Monell, Eric Schnapper

Articles

This Article identifies the most important issues which must be dealt with after Monell v, Department of Social Services, 436 U.S. 658 (1978), and attempts to resolve them. Section I considers what rules and practices are "official acts, policies and customs" subjecting a government to suit under Monell. The second section analyzes the possible defenses available to a city; it concludes that the good faith immunity afforded to executive officials should not be extended to government entities, but that such entities should be afforded a somewhat narrower defense. Section III discusses the scope of injunctive relief available in …

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The Theory Of Adjudication And The Task Of The Great Judge, David A.J. Richards Jan 1979

The Theory Of Adjudication And The Task Of The Great Judge, David A.J. Richards

Cardozo Law Review

No abstract provided.

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Equality, Liberty, And The Public Schools: The Role Of The State Courts, Jack B. Weinstein Jan 1979

Equality, Liberty, And The Public Schools: The Role Of The State Courts, Jack B. Weinstein

Cardozo Law Review

No abstract provided.

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Affirmative Action And The Harvard College Diversity-Discretion Model: Paradigm Or Pretext?, Alan M. Dershowitz, Laura Hanft Jan 1979

Affirmative Action And The Harvard College Diversity-Discretion Model: Paradigm Or Pretext?, Alan M. Dershowitz, Laura Hanft

Cardozo Law Review

No abstract provided.

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Making Sense Of Desegregation And Affirmative Action, William W. Van Alstyne Jan 1979

Making Sense Of Desegregation And Affirmative Action, William W. Van Alstyne

Faculty Scholarship

This review discusses J. Harvie Wilkinson's "From Brown to Bakke" and its companion work, "Counting by Race: Equality from the Founding Fathers to Bakke and Weber" written by Terry Eastland and William J. Bennett. Wilkinson's work is found to maintain a narrow focus on its specific subject of school desegregation and the Supreme Court, but it suffers from over-exaggeration and an abundance of adornment in his writing style. "Counting" is a provocative piece that asserts the position that the Constitution is still not color-blind, despite what many have proposed, and makes an authoritative argument for such a claim.

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The Unresolved Problems Of Reverse Discrimination, Kent Greenawalt Jan 1979

The Unresolved Problems Of Reverse Discrimination, Kent Greenawalt

Faculty Scholarship

The current widespread use of remedial affirmative action programs makes the legitimacy of reverse discrimination a pragmatic social concern. That alone, however, would not explain the intense interest generated by Regents of the University of California v. Bakke. The question posed in the case compels our attention because it forces a choice between two values that occupy a high place in the liberal conception of justice and claim substantial support in the equal protection clause. On the one hand, justice requires that groups that have previously suffered gross discrimination be given truly equal opportunity in American life; on the other, …

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The Body Of John Merryman: Ex Parte Merryman, A Case Of Executive-Judicial Conflict Over The Suspension Of Habeas Corpus, Eric Paul Anderson Jan 1979

The Body Of John Merryman: Ex Parte Merryman, A Case Of Executive-Judicial Conflict Over The Suspension Of Habeas Corpus, Eric Paul Anderson

All Master's Theses

At the outbreak of the Civil War the Federal military arrested certain people whose loyalty was suspect. One victim, John Merryman, attempted to free himself by petitioning for a writ of habeas corpus. However, President Lincoln authorized the military to suspend the writ in such cases. The matter came before Chief Justice Taney who disputed the president's authority to suspend the writ and ruled in Merryman's favor. This thesis recounts the history of the habeas corpus process in Anglo-American law and its inclusion in the Constitution, Merryman's role in the first hostilities, his arrest, and the attempt to free him. …

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Discriminatory Effect And The Fair Housing Act, Robert G. Schwemm Dec 1978

Discriminatory Effect And The Fair Housing Act, Robert G. Schwemm

Law Faculty Scholarly Articles

This article addresses the question of whether housing practices that produce discriminatory effects violate the Fair Housing Act. The language and legislative history of the statute are examined, the analogy to employment discrimination law is explored, and the principal Title VIII cases are considered in an effort to determine just what racial discrimination is under the Fair Housing Act. This analysis leads to a suggested approach for evaluating Title VIII cases that are based on discriminatory effect, including how such an effect may be shown by the plaintiff and what significance such a showing should have in terms of the …

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A Preliminary Report On The Bakke Case, William W. Van Alstyne Dec 1978

A Preliminary Report On The Bakke Case, William W. Van Alstyne

Popular Media

No abstract provided.

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Civil Rights And Legal Order: The Work Of A. Leon Higginbotham, Jr., Donald P. Kommers, Eugenia S. Schwartz Dec 1978

Civil Rights And Legal Order: The Work Of A. Leon Higginbotham, Jr., Donald P. Kommers, Eugenia S. Schwartz

Journal Articles

On October 11-12, 1978, Judge A. Leon Higginbotham, Jr.' delivered the Notre Dame Law School's Seventh Annual Civil Rights Lecture under the general title, "From Thomas Jefferson to Bakke: Race and the American Legal Process." It seems to us appropriate, therefore, on the occasion of the Higginbotham lecture, to consider his work as both historian and judge. Specifically, this article will serve the threefold purpose of (1) reviewing Matter of Color, (2) illustrating the author's use of history in two judicial opinions dealing with the rights of black Americans, and (3) reflecting upon the implications of Higginbotham's work in legal …

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Burden Of Proof In Racial Discrimination Actions Brought Under The Civil Rights Acts Of 1886 And 1870: Disproportionate Impact Or Discriminatory Purpose? Nov 1978

Burden Of Proof In Racial Discrimination Actions Brought Under The Civil Rights Acts Of 1886 And 1870: Disproportionate Impact Or Discriminatory Purpose?

BYU Law Review

No abstract provided.

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Columbus Board Of Education V. Penick, Lewis F. Powell Jr. Oct 1978

Columbus Board Of Education V. Penick, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

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Scott V. Illinois, Lewis F. Powell Jr. Oct 1978

Scott V. Illinois, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

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