Civil Rights and Discrimination Commons^™

The Use Of Numerical Quotas To Achieve Integration In Employment, George P. Sape

William & Mary Law Review

No abstract provided.

Equal Employment Opportunity Commission Procedural Regulations: An Evaluation By The Practicing Bar, Donald Elisburg

William & Mary Law Review

No abstract provided.

Title Vii Of The Civil Rights Act: A Review Of Significant Recent Decisions, Robert A. Levitt

William & Mary Law Review

No abstract provided.

A Guide To Pennsylvania Delinquency Law, Leonard Packel

Villanova Law Review (1956 - )

No abstract provided.

Civil Rights - State Executive Officials Afforded Qualified Immunity From Liability In Suits Maintained Under Section 1983, Steven E. Bernstein

Villanova Law Review (1956 - )

No abstract provided.

Lead-Based Paint Poisoning: Remedies For The Hud Low-Income Homeowner When Neglect Is No Longer Benign, Thomas P. Sarb

University of Michigan Journal of Law Reform

Lead-based paint poisoning is a completely preventable disease which particularly afflicts young children living in deteriorating areas of the cities. It is caused by the ingestion of paint chips containing significant amounts of lead that have fallen or been picked off ceilings, floors, and woodwork of older houses. Repeated ingestion of such paint chips can lead to mental retardation, permanent impairment of intellectual ability, cerebral palsy, and blindness. Every year at least 400,000 children show some effect of lead poisoning; 50,000 of them need treatment; and 200 children die of the disease. The early symptoms of lead poisoning are changes …

Title Vii And Seniority Systems: Back To The Foot Of The Line?, Rebecca Westerfield

Kentucky Law Journal

No abstract provided.

Title Ix's Promise Of Equality Of Opportunity In Athletics: Does It Cover The Bases?, Judith Lee Oliphant

Kentucky Law Journal

No abstract provided.

Rape In Illinois: A Denial Of Equal Protection, 8 J. Marshall J. Prac. & Proc. 457 (1975), Sharon Maloney

UIC Law Review

No abstract provided.

Metropolitan Housing Development Corp. V. Village Of Arlington Heights: A New Discriminatory Effect In Zoning, 9 J. Marshall J. Prac. & Proc. 533 (1975), Sally Mengo

UIC Law Review

No abstract provided.

Forest City Enterprises, Inc. V. City Of Eastlake: Zoning Referenda And Exclusionary Zoning, Frank J. Kundrat Jr., Stephen Bond

Cleveland State Law Review

In the recent Ohio Supreme Court decision of Forest City Enterprises, Inc. v. City of Eastlake, the court stated a new principle of law in the area of referendum zoning: A municipal charter provision, which requires that any ordinance changing land use be ratified by the voters in a city-wide election, constitutes an unlawful delegation of legislative power, in violation of the due process clause of the Fourteenth Amendment to the United States Constitution. The court was, however, far from convincing either in terms of distinguishing the prior law of referendum zoning or in demonstrating the applicability of their conclusion …

O'Connor V. Donaldson: The Death Of The Quid Pro Quo Argument For A Right To Treatment, Thomas P. Bliss

Cleveland State Law Review

On June 26, 1975, the Supreme Court was confronted with the controversial issue of whether there is a constitutionally guaranteed right to treatment for nondangerous persons who have been involuntarily and civilly committed to mental institutions. The Court avoided this long advocated issue and created the potential for future litigation by holding that a state cannot constitutionally confine a nondangerous individual solely for custodial care if such person can live safely in the outside world, without a finding of more than mere mental illness. This comment will discuss the decision in terms of the most volatile and frequently urged constitutional …

Note: Going Public With Discriminating Private Clubs, Tina L. Wellner

Fordham Urban Law Journal

The United States Supreme Court has frequently expressed the notion that private clubs have a right to discriminate in cases such as Moose Lodge No. 107 v. Irvis, amongst others. This Note examines post-Moose Lodge case law and theories to determine when exclusion, despite abridgement of associational rights, becomes illegal discrimination. In addition, it proposes new theories and laws to deal with discrimination by private clubs, including continued and expanding use of administrative procedures.

Religious Discrimination In Employment: The 1972 Amendment -- A Perspective, John D. Dadakis, Thomas M. Russo

Fordham Urban Law Journal

This Note evaluates the effect of the 1972 amendment to the Civil Rights Act, which clarifies that the term "religion" includes "belief" as well as practices and actions based on the belief, and requires reasonable accommodation to the employee's religious needs unless the employer can show that an undue hardship is thereby imposed on his business. The Note determines whether the amendment has resulted clarification of the law governing religious discrimination. It focuses on three key terms in the amendment: religion, reasonable accommodation, and undue hardship. Finally, it considers the problem of employees whose beliefs preclude their membership in labor …

After Defunis: Filling The Constitutional Vacuum, Robert M. O'Neil

Articles by Maurer Faculty

No abstract provided.

Black Lawyers And Corporate And Commercial Practice: Some Unfinished Business Of The Civil Rights Movement, John T. Baker

Articles by Maurer Faculty

No abstract provided.

The Problem Of Reconciling The Contradictory Goals Of Efficiency, Equity, Humanity, William W. Van Alstyne

Popular Media

No abstract provided.

Kahn V. Shevin And The "Heightened Rationality Test": Is The Supreme Court Promoting A Double Standard In Sex Discrimination Cases?

Washington and Lee Law Review

No abstract provided.

Redlining Practices, Racial Resegregation, And Urban Decay: Neighborhood Housing Services As Viable Alternative, Marcia Duncan, Edwin T. Hood, James L. Neet

Faculty Works

No abstract provided.

Civil Rights By Default, Barbara Kaye Besser, Charles Guerrier

Cleveland State Law Review

It is the intention of this article to discuss the existing devices available to the Ohio Civil Rights Commission to compel a respondent to provide the relevant factual information requested; to point out the inadequacies of these procedures; and to propose an additional method to effectuate a speedy resolution of the controversies before the Ohio Civil Rights Commission.

Pioneering Approaches To Confront Sex Bias In Housing, Betsey Friedman

Cleveland State Law Review

This Note will be a national review of the past experiences with and potential action in the area of sex discrimination in residential real estate transactions. Emphasis will be on sex discrimination in the rental of real property, with a brief review of the more commonly acknowledged problem of credit discrimination in home sale financing. The present suitability of available state remedies will be discussed, with an analysis of the charges filed. And, the emergence of Fair Housing Act racial litigation will be explored, with a view towards its application in sex discrimination housing cases.

Employer Racial Discrimination: Reviewing The Role Of The Nlrb, Lawrence F. Doppelt

University of Michigan Journal of Law Reform

The NLRB and various commentators rely upon three basic legal arguments in rejecting this interpretation: first, the EEOC, and not the NLRB, is the sole and proper agency for litigating racial issues; second, employer racial discrimination does not interfere with the protected rights of employees under the Act, and third, it is not, and never was, Congress' intent in passing the Act to bring racial discrimination within its purview. Unquestionably, each of these legal arguments has, or at some time had, surface appeal, and, at one time, considerable force. The great mass of legal commentary supports at least one of …

The Michigan Abortion Refusal Act, G. Michael White

University of Michigan Journal of Law Reform

Since the United States Supreme Court handed down the landmark decisions of Roe v. Wade andDoe v. Bolton, which placed constitutional limitations, on state regulation of abortions, efforts have been made on the federal and state levels to blunt the effect of those cases. One prevalent reaction has been the enactment of state "conscience clause" legislation, such as the Michigan Abortion Refusal Act, which seeks to extend to all hospitals the right to refuse admission of abortion patients. This legislative note will consider whether the Michigan conscience clause is legally necessary to ensure the right it seeks to …

Presumption Of Dependence In Workers' Compensation Death Benefits As A Denial Of Equal Protection, A. Russell Localio

University of Michigan Journal of Law Reform

This note will examine the sex bias prevalent in many workers' compensation statutes and the constitutionality of these statutes in light of recent Supreme Court decisions on sex discrimination. After this examination, alternative methods for effecting reform of the sex-biased death benefit provisions will be analyzed.

Constitutional Law-Civil Rights-Absent State Involvement, Right Of Association Not Protected By 42 Usc § 1985(3)

University of Richmond Law Review

42 U.S.C. § 1985(3) was enacted' to curtail the Ku Klux Klan's terrorist activities in the South by prohibiting conspiracies to deprive any person "of the equal protection of the laws, or of equal privileges and immunities under the laws. . . ." From its inception, the major controversy has concerned whether the statute requires an element of state action. The first judicial statement construed the statute as reaching only conspiracies carried out under color of state law. Twenty years later, a unanimous Supreme Court found the statute to "fully encompass the conduct of private persons" attempting to deprive an …

Civil Rights-Corporate Directors Held Personally Liable For Intentional Racial Discrimination Despite Due Diligence To Know The Law

University of Richmond Law Review

In 1968, the Supreme Court resurrected section 1 of the Civil Rights Act of 1866 [now 42 U.S.C. §§ 19812 and 19823 (1970)] and held that section 1982 prohibits private as well as public racial discrimination in the sale or rental of property. The question of whether damages are recoverable for violations of section 1982 was then left undecided but was subsequently answered in the affirmative. A similar cause of action has been recognized under section 1981 to compensate for private racial discrimination in the formulation and enforcement of contracts. The issue presented in Tillman v. Wheaton-Haven Recreation Association was …

Sovereign Immunity In A Constitutional Government: The Federal Employment Discrimination Cases, Charles F. Abernathy

Georgetown Law Faculty Publications and Other Works

Very early in our history we took steps to insure that the.rule of law, as expressed in the Constitution, would prevail over the mortals who run our government. Yet even as the concepts of rule of law and judicial review came into ascendancy, we also harbored the sovereign immunity doctrine as a restraint on judicial power and as an apparent repudiation of the rule of law.

The inherent antagonism between the rule of law and the sovereign immunity doctrine has produced much mischief in our courts...this Article will argue that the sovereign immunity doctrine is not anticonstitutional, but rather reflects …

The Constitutionality Of The 1972 Amendment To Title Vii's Exemption For Religious Organizations, Michigan Law Review

Michigan Law Review

This note will examine the constitutionality of the title VII exemption for religious associations, focusing on the extent to which the exemption is required by the free exercise clause and the extent to which it must be limited to avoid conflict with the establishment clause. The religion clauses will be considered solely in the context of the private business sector; this note will not consider the possibility that the establishment clause would require a narrower exemption for a quasi-public institution, such as a broadcast licensee or a religious association receiving public funds.

Clarence Brown V. General Service Administration, Edward F. Sherman

Articles by Maurer Faculty

No abstract provided.

Preferential Policies In Hiring And Admissions, James W. Nickel

Articles

No abstract provided.