Civil Rights and Discrimination Commons^™

Southeastern Community College V. Davis, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Davis V. Passman, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

New York City Transit Authority V. Beazer, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

United Steelworkers Of America, Afl-Cio-Clc V. Weber, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Personnel Administrator Of Massachusetts V. Feeney, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

The Handicapped Child's Civil Right As It Relates To The "Least Restrictive Environment" And Appropriate Mainstreaming, Darvin L. Miller, Marilee A. Miller

Indiana Law Journal

No abstract provided.

Defense Under The Age Of Discrimination In Employment Act: Misinterpretation, Misdirection, And The 1978 Amendments, Mack A. Player

Scholarly Works

The Age Discrimination in Employment Act of 1967 prohibits employers, labor organizations, and employment agencies from discriminating because of age, but it does not protect all age groups against employment discrimination. As enacted, the 1967 Act protected persons between the ages of forty and sixty-five; the amendments in April 1978 extended that protection five years to age seventy. Thus it is not illegal to discriminate against people before their fortieth or after their seventieth birthday. The Act, in its original and amended versions, contains five exceptions or "defenses" to age discrimination in employment. Only the "bona fide occupational qualification" (BFOQ), …

The Old Order Changeth, Theodore A. Smedley

Vanderbilt Law Review

The publication of this Symposium in 1978 marks the tenth anniversary of the final publication of the Race Relations Law Reporter. The timing of the Symposium is particularly appropriate for another reason as well. In 1968, the National Advisory Commission on Civil Disorder, commonly known as the Kerner Commission,issued a report that had been requested by President Lyndon B.Johnson in July 1967. The Commission, which was to investigate the underlying causes of the riots that plagued America's larger cities during the 1960's, offered the pessimistic conclusion that "Our Nation is moving toward two societies, one black, one white-separate and unequal." …

Administrative Coordination In Civil Rights Enforcement: A Regional Approach, Charles M. Lamb

Vanderbilt Law Review

The failure of traditional coordinative efforts among federal agencies suggests that new and different approaches are imperative. This Article has emphasized a regional approach for solving these problems. Experience has shown that even well-intentioned and capable administrators in Washington cannot alone ensure compliance with the federal civil rights laws. They must have the full support of key regional officials of the federal government, and they must have a certain degree of cooperation from state and local officials. One means of gaining this support and assistance is through the Councils, which bring together in one forum high-level federal, state, and local …

Theodore A. Smedley And The Race Relations Law Reporter, Paul H. Sanders

Vanderbilt Law Review

Beginning in 1959, Ted Smedley served with personal distinction and national recognition as Director of the Race Relations Law Reporter and as Director and Editor of the successor publications,the Race Relations Law Survey and the Race Relations Law Index. Professor Smedley, who joined the Board of Editors of the Race Relations Law Reporter in the fall of 1957 as one of three Associate Directors, engaged in editorial activities in this dynamic and sensitive area over a seventeen-year period, an era marked by tremendous ferment and revolutionary change. The quality of his work is evident in the words published within the …

Sexual Harassment And Title Vii: The Foundation For The Elimination Of Sexual Cooperation As An Employment Condition, Michigan Law Review

Michigan Law Review

Ten years after the enactment of Title VII, the federal judiciary confronted its first Title VII case in which sexual harassment was the primary allegation. In the next three-and-one-half years, six more claims of sexual harassment reached federal district courts, 4 and three federal circuit courts of appeal reviewed lower court holdings.

Neither these cases nor the considerable journalistic and academic attention they received reveals a consensus regarding the appropriate application of Title VII to cases of sexual harassment. This Note, therefore, examines the application of Title VII to the problem of sexual harassment and suggests a coherent framework for …

Simple Justice In The Cradle Of Liberty: Desegregating The Boston Public Schools, Ronald R. Edmonds

Vanderbilt Law Review

This Article provides a summary view of the desegregation of the Boston public schools. Some aspects of teaching and learning in the Boston schools clearly have improved as a direct consequence of Boston's desegregation, while others seem little affected. Teaching and learning are mentioned at the outset because later discussion will establish that black Bostonians seek desegregation as part of their larger and more general quest for improved schooling for their children.' The success or failure of desegregation therefore may fairly be judged partly on the basis of its effect upon the quality of schooling made available to black children. …

A Comparative Review Of Public And Private Enforcement Of Title Vii Of The Civil Rights Act Of 1964, Robert Belton

Vanderbilt Law Review

The efforts of the EEOC, the Department of Justice, and other federal and state agencies during the first decade of enforcement have been the subject of a great deal of commentary and review. Much of this commentary has been critical. Private enforcement of Title VII has produced the major legal developments, but these efforts have received little attention in the literature. This Article therefore will present a comparative review of governmental and private enforcement efforts under Title VII. A brief overview of the historical efforts to eliminate employment discrimination prior to Title VII is necessary to place private enforcement efforts …

Civil Rights And Race Relations, Kevin J. Wolff

Vanderbilt Law Review

This Symposium honors both Professor Theodore A. Smedley and the publication he served as director, the Race Relations Law Reporter. As Professor Smedley's own introductory remarks point out, the publication of this Symposium in 1978 is particularly appropriate. First, it marks the tenth anniversary of the final issue of the Reporter, a journal whose importance and usefulness to the civil rights field is well known to all who have been active in the area. In publishing this Symposium, Vanderbilt Law School continues an important tradition in which Professor Smedley has played a major role.

Pamphlet: Women And The Law. April 22, 1978

Saffy Collection - All Textual Materials

A seminar that explores the legal and humanistic issues concerning women and the law. Produced by the Mayor's advisory commission on the status of women in the City of Jacksonville, Florida.

Sex Discrimination—Court Narrows Gilbert—Some Pregnancy Discrimination Is Sex Related, Claudia G. Allen, Jean C. Powers

Buffalo Law Review

No abstract provided.

Vi. Employment Discrimination

Washington and Lee Law Review

No abstract provided.

Racial Vote Dilution In Multimember Districts: The Constitutional Standard After Washington V. Davis, Michigan Law Review

Michigan Law Review

This Note argues that the effect-oriented standard for multimember-district vote-dilution claims is unaffected by the Washington intent requirement. Part I outlines the manner in which multimember districts can dilute minority voting strength. After summarizing Washington's intent requirement, Part II surveys the post-Washington vote dilution cases and demonstrates that the applicability of the intent standard to vote dilution claims is uncertain. Part III first suggests two ways in which White and Washington may be reconciled. That section then argues that White is unaffected by the intent requirement because the standard for vote dilution fits within a fundamental interest analysis …

Processing The Explosion In Title Vii Class Action Suits: Achieving Increased Compliance With Federal Rule Of Civil Procedure 23(A), Earle K. Shawe

William & Mary Law Review

No abstract provided.

Gagliardi V. Flint: The Joinder Of Constitutional And Pendent State Claims Against A Municipal Corporation In A Federal Forum

William & Mary Law Review

No abstract provided.

Jordan V. North Carolina National Bank: Abrogation Of An Employer's Title Vii Obligation To Accommodate His Employee's Religious Preferences

William & Mary Law Review

No abstract provided.

Bradwell V. State: Some Reflections Prompted By Myra Bradwell's Hard Case That Made "Bad Law", Charles E. Corker

Washington Law Review

Bradwell and Slaughter-House deserve study together for a second reason. These two decisions provide useful lessons for our time about the Equal Rights Amendment (ERA).10 They demonstrate that the consequences of a constitutional amendment—particularly one written in abstract and grand terms like the fourteenth amendment or the ERA—are unpredictable and dependent upon imponderables such as the sequence of cases on the Court's calendar.

Ada Lois: The Sipuel Story, Ruth E. Swain

Women in History & the Law

Ada Lois Sipuel Fisher (1924-1995) applied to the University of Oklahoma College of Law in 1946. Her application was denied, and in Sipuel v. Board of Regents of the University of Oklahoma, the U.S. Supreme Court ruled that Oklahoma had to provide her with the same opportunities for a legal education as it provided other citizens. Rather than admit her to OU, the state established a law school specifically for her. She refused to attend, and her attorneys argued that the school did not afford the same educational opportunities as OU. The Oklahoma Attorney General conceded, and Fisher was …

Title Vii And Religious Discrimination: Is Any Accommodation Reasonable Under The Constitution?, Brendan M. Cournane

Loyola University Chicago Law Journal

No abstract provided.

Discussion Of Papers Presented By Nathaniel R. Jones And Daniel D. Polsby, Robert Allen Sedler

Law Faculty Research Publications

Comments on Metropolitan Desegregation and the Courts

The Civil Rights Injunction, Owen M. Fiss

Addison Harris Lecture

No abstract provided.

Comment, Discrimination In Access To Public Places: A Survey Of State And Federal Public Accommodations Laws, Lisa G. Lerman, Annette K. Sanderson

Scholarly Articles

The purpose of this Project is to chart recent developments in public accommodations law, including the expansion of access rights to places not previously regarded as public, the proscription of discrimination against groups other than racial minorities, and the increasing role of the state civil rights commissions in enforcing discrimination law. This survey provides a basis for assessing the adequacy of existing remedies and suggests changes in state and federal law. The Project conducts a mechanical examination of the statutes on the books. It does not discuss how those laws came into existence or the actual workings of the agencies …

Equality For Individuals Or Equality For Groups: Implications Of The Supreme Court Decision In The Manhart Case, William W. Van Alstyne

Faculty Scholarship

This commentary breaks down the case of the City of Los Angeles Department of Water and Power v. Manhart and discusses what effects the Supreme Court's decision will have when Title VII is applied to university employers, particularly in their relationship with TIAA-CREF

Civil Rights - Title Vii - Statutes Of Limitations - Eeoc Enforcement Actions Not Subject To Any Time Limitation, Steven D. Mclamb

Villanova Law Review (1956 - )

No abstract provided.

Private Rights Of Action, 27 Depaul L. Rev. 1117 (1978), Michael P. Seng

UIC Law Open Access Faculty Scholarship

In order for Sections 503 and 504 of the Rehabilitation Act of 1973 to practically prohibit employment discrimination against handicapped persons, a broad array of effective and prompt remedies is needed. In this Article, the author examines judicial findings of legislative intent to create private causes of action in the enactment of various civil rights legislation and concludes that a private cause of action is an available mechanism to enforce the federal statutory scheme prohibiting discrimination in the employment of handicapped individuals. While Sections 503 and 504 are silent as to whether a private cause of action exists, Professor Seng …