Civil Rights and Discrimination Commons^™

Knocking On Wood: Some Thoughts On The Immunities Of State Officials To Civil Rights Damage Actions, Joseph Kattan

Vanderbilt Law Review

Recent developments suggest that even without congressional action municipalities and other subdivisions of the state not protected by the eleventh amendment may be subject to liability for the actions of their officers. Presently, however, an aggrieved individual's primary remedy is recovery of damages from the offending officers. This right of recovery hinges on whether the officer should have understood the unconstitutional effect of his actions. Although the need for uniformity in the standard of liability, in the burden of proof, and in the scope of official defenses and immunities is acute, neither the courts nor the commentators have articulated a …

The Race, Class And Housing Conundrum: A Rationale And Proposal For A Legislative Policy Of Suburban Inclusion, Charles E. Daye

North Carolina Central Law Review

No abstract provided.

Developing "Tort" Standards For The Award Of Mental Distress Damages In Statutory Discrimination Actions, Harold J. Rennett

University of Michigan Journal of Law Reform

The relation between tort remedies and discrimination has been examined extensively, yet there has been little consideration of this relationship with respect to appropriate evidentiary standards for the award of mental distress damages in discrimination cases. This article will consider such standards. After briefly tracing the history of mental distress award standards in discrimination cases, this article will critically examine present compensatory approaches in such cases and suggest an alternative philosophy more consonant with tort compensation principles.

School Desegregation, Class Suits, And The Vexing Problem Of Group Remedies, Keith Jurow

West Virginia Law Review

No abstract provided.

Chapters Of The Civil Jury, Doug Rendleman

Scholarly Articles

The civil jury, though constitutionally protected by the seventh amendment, has remained a controversial institution throughout much of Anglo-American legal history. Our romantic ideals are questioned by critics who view the civil jury as prejudiced and unpredictable; proponents note the sense of fairness and "earthy wisdom" gained by community participation in the legal process. This debate surfaces in the process of accommodation between certain substantive goals of the law and the pre-verdict and post-verdict procedural devices courts have employed to control the jury. In this article, Professor Rendleman examines this conflict in his three "chapters" involving racially motivated discharges of …

Civil Rights Litigation: An Investigation, Preparation & Trial Manual, P. Kent Spriggs

Florida State University Law Review

By Andrew J. Ruzicho.1 Cincinnati: Anderson Publishing Co., 1976. Pp. xvii, 372. $35.00.

Runyon V. Mccrary And Regulation Of Private Schools, Mary-Michelle Upson Hirschoff

Indiana Law Journal

No abstract provided.

Civil Rights, Alfred L. Evans Jr.

Mercer Law Review

During the course of 1976, the U.S. Court of Appeals for the Fifth Circuit rendered approximately 125 opinions in cases dealing with the myriad ways in which the Constitution of the United States affects the civil relationships between citizens and their government and between each other. In view of the impossibility of going beyond a rather pointless two or three sentences per case, should it be attempted to cover all or even the bulk of these cases, I have once again selected but a few of those areas in which the Court has acted for a somewhat more detailed analysis.

Aliens And Equal Protection: Why Not The Right To Vote?, Gerald M. Rosberg

Michigan Law Review

A constitutional right of at least some aliens to vote does not seem to me at all unthinkable. Throughout much of the nineteenth century and part of the twentieth, aliens enjoyed the right to vote in a great many states. The states that extended the franchise to aliens plainly did not believe that they were acting under constitutional compulsion. But given our present understanding of the mission of the equal protection clause, much can now be said in defense of such a constitutional right. My purpose here is to outline the case that might be made for the right of …

Judicial Protection Of Minorities, Terrance Sandalow

Articles

In United States v. Carolene Products Co., Justice Stone suggested by indirection that there "may be narrower scope for operation of the presumption of constitutionality" when courts are called upon to determine the validity "of statutes directed at particular religious . . . or national . . . or racial minorities."' In such cases, he explained, "prejudice against discrete and insular minorities may be a special condition, which tends seriously to curtail the operation of those political processes ordinarily to be relied upon to protect minorities, and which may call for a correspondingly more searching judicial inquiry."' Forty years later, …

Civil Rights--Employment Rights Of The Physically Handicapped, Denver C. Offutt Jr.

West Virginia Law Review

No abstract provided.

Illegitimates And Equal Protection, David Hallissey

University of Michigan Journal of Law Reform

Illegitimates often have been discriminated against by legislatures in the enactment of statutes, as well as by courts which have sanctioned such legislation. This article will examine the judicial response to legislative treatment of the illegitimate in social insurance, loss compensation, and intestacy statutes. Emphasizing the Supreme Court's analysis of the legal status of illegitimates in terms of the equal protection clause, it will also discuss how the principle of equal protection may be applied in order to reduce the number of illegitimates denied the benefit and protection of the law.

Iii. Civil Rights

Washington and Lee Law Review

No abstract provided.

Civil Rights-Religious Discrimination In Employment- Title Vii Of The Civil Rights Act Requires Reasonable Accommodation Of Employee Religious Beliefs By Employer Despite Conflicting Lawful Agency Shop Provision-Cooper V. General Dynamics, Bradley R. Jardine

BYU Law Review

No abstract provided.

The Statute Of Limitations In The Fair Housing Act: Trap For The Unwary, Edward Phillips Nickinson, Iii

Florida State University Law Review

No abstract provided.

General Electric Company V. Gilbert: The Plight Of The Working Woman, 11 J. Marshall J. Prac. & Proc. 215 (1977), Marcia Lynn Cohen

UIC Law Review

No abstract provided.

Aldinger V. Howard: At The Crossroads Of Pendent Party Jurisdiction And Section 1983 Limits On Suable "Persons", 11 J. Marshall J. Prac. & Proc. 231 (1977), Wallace J. Wolff

UIC Law Review

No abstract provided.

Constitutional Law - School Desegregation - Interdistrict Desegregation Order Is Within Discretion Of District Court When Based Upon Finding Of One Or More Interdistrict Constitutional Violation, James D. Hilly

Villanova Law Review (1956 - )

No abstract provided.

Procedural Due Process And The Convicted Prisoner, 10 J. Marshall J. Of Prac. & Proc. 313 (1977), James A. Pitts

UIC Law Review

No abstract provided.

The Wicked Witch Is Almost Dead: Buck V. Bell And The Sterilization Of Handicapped Persons, Robert L. Burgdorf, Mary Pearce Burgdorf

Journal Articles

Judgment at Nuremberg 1 concerned the criminal trial of a former German judge who, under Hitler's Third Reich, had ordered involuntary sexual sterilization operations to be performed upon Jewish men and women. In a famous scene from that screenplay and movie, the defense counsel, Rolfe, cross-examines a German law professor, Dr. Wieck, in regard to the legality of such practices: Rolfe (continuing) Dr. Wieck, you referred to "novel National Socialist measures introduced, among them sexual sterilization." Dr. Wieck, are you aware that this was not invented by National Socialism, but had been advanced for years before as a weapon in …

Racial Preferences In Higher Education: Political Responsibility And The Judicial Role, Terrance Sandalow

Book Chapters

... Professors John Hart Ely and Richard Posner have established diametrically opposed positions in the debate. Their contributions are of special interest because each undertakes to answer the question within the framework of a theory concerning the proper distribution of authority between the judiciary and the other institutions of government

...Professor Ely [see pp. 208-216, herein] defends the constitutionality of racial preferences, essentially on the ground that the equal-protection clause should not be read to prevent a majority from discriminating between itself and a minority only to its own disadvantage. The predicate for an active judicial role is lacking, ... …

The Relationship Between Title Vii And The Nlra: Getting Our Acts Together In Race Discrimination Cases, Mark D. Roth

Villanova Law Review (1956 - )

No abstract provided.

Administrative Cutoff Of Federal Funding Under Title Vi: A Proposed Interpretation Of "Program", Myrna E. Friedman

Indiana Law Journal

No abstract provided.

Third Party Suits Under Section 3612 Of The Fair Housing Act Of 1968, Gary A. Grasso

Fordham Urban Law Journal

This note examines the Fair Housing Act of 1968 (1968 Act) which makes it unlawful, with certain exceptions, to discriminate in the sale or rental of private housing. In particular, the note examines the remedies available under Sections 3610 and 3612, which provide for the enforcement of the statute by private complainants. The note focuses on the issue of standing and the question of alternative use involving sections 3610 and 3612 of the 1968 Act, especially as to third party complainants. The note concludes that just as section 3610 was opened to plaintiffs arguing for the rights of third parties, …

Book Review: Graglia, Disaster By Decree, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.

Bfoq: An Exception Becoming The Rule, Ronald J. James, Michael A. Alaimo

Cleveland State Law Review

Recent court decisions interpreting section 4(f)1 of the Age Discrimination in Employment Act and defining bona fide occupational qualification (BFOQ) exemptions have done little to promote employment of or prohibit discrimination against older Americans. Nor have the decisions helped employers or workers understand applicable BFOQ standards. In essence, recent court decisions have so distorted the BFOQ exemption as to gut the lofty intent of the law set forth in the preamble. It is the purpose of this article to examine these recent court decisions, to assess the court's misapplication of their own historic BFOQ test, and to attempt to probe …

From Washington To Arlington Heights And Beyond: Discriminatory Purpose In Equal Protection Litigation, Robert G. Schwemm

Law Faculty Scholarly Articles

When the Supreme Court decided Washington v. Davis on June 7, 1976, it began a new era in civil rights law. Rejecting the contention that state action is unconstitutional solely because it operates to injure more blacks than whites, the Court held that proof of discriminatory purpose is necessary to establish a claim of racial discrimination under the equal protection clause. In two cases decided the following term—Village of Arlington Heights v. Metropolitan Housing Development Corp. and Castaneda v. Partida—the Court reaffirmed its commitment to the discriminatory purpose requirement, but was badly divided on how to apply the …

The Civil Rights Attorneys' Fees Awards Act Of 1976

Washington and Lee Law Review

No abstract provided.

Runyon V. Mccrary: Section 1981 Opens The Doors Of Discriminatory Private Schools, Thomas M. Trezise

Washington and Lee Law Review

No abstract provided.

Justice Sherman Minton And The Protection Of Minority Rights, David N. Atkinson

Washington and Lee Law Review

No abstract provided.