Civil Rights and Discrimination Commons^™

Hawkins V. Town Of Shaw: The Court As City Manager, C. Ronald Ellington, Lawrence F. Jones

Scholarly Works

For over one hundred years Congress and the federal courts have pursued the goal of racial equality in the United States. In areas such as voting rights, public accommodations, and housing, Congress and the courts have interacted closely, with broad judicial interpretations upholding major remedial legislation. Moreover, when confronted by official state sources of racial discrimination, courts have traditionally responded to the clear command of the equal protection clause of the fourteenth amendment without awaiting congressional action. Brown v. Board of Education stands as perhaps the best known instance in which a court has, on its own, ordered the elimination …

Civil Liberties Repression: Fact Or Fiction?, Lewis F. Powell, Jr.

Powell Speeches

Article prepared for "Perspective" section of Richmond Times Dispatch as response to article by AP newsfeature writer Bernard Gavzer.

Current Remedies For The Discriminatory Effects Of Seniority Agreements, Irving Kovarsky

Vanderbilt Law Review

This article focuses primarily upon the remedies that can be used to reconcile the preservation of legitimate objects of a seniority system with equal treatment for black workers. To provide a historical perspective demonstrating the need for these remedies, the article initially will describe the availability of relief against discriminatory seniority agreements under federal labor legislation. The article will then examine available remedies under Title VII of the Civil Rights Act of 1964 and under recent interpretations of the Civil Rights Act of 1866. In the concluding section, possible ways to utilize existing remedies to combat more effectively the discriminatory …

Civil Rights--Employment Testing And Job Performance, Henry C. Bowen

West Virginia Law Review

No abstract provided.

Remedies For Racial Discrimination In Employment: A Comparative Evaluation Of Forums, Cornelius J. Peck

Washington Law Review

Enactment of Title VII of the Civil Rights Act of 1964, with a provision for the awarding of attorneys' fees, opened new opportunities for attorneys in private practice to represent victims of employment discrimination. Within recent years the Act has been predominate in litigation involving racial discriminaton in employment, but imaginative attorneys appealing to innovative courts have used other statutory and common law sources for fashioning relief. The 1866 Civil Rights Act, by analogy to its recent application to discriminatory housing practices, offers an important remedy against racial discrimination to employees. It also promises a protection, not found in Title …

Swann V. Charlotte-Mecklenburg Board Of Education: Roadblocks To The Implementation Of Brown, J. W. Montgomery Iii

William & Mary Law Review

No abstract provided.

Equal Rights For Women: The Need For A National Policy, Julia C. Lamber

Indiana Law Journal

No abstract provided.

Religious Discrimination And The Role Of Arbitration Under Title Vii, Harry T. Edwards, Joel H. Kaplan

Michigan Law Review

One of the major thrusts of the Civil Rights Act of 1964, passed by the 88th Congress of the United States after much procrastination and debate, is title VII, the Equal Employment Opportunity Act, which prohibits selected forms of employment discrimination.

In drafting title VII, the proponents of the Act were chiefly concerned with racial discrimination in employment. In fact, the entire Civil Rights Act was written with an eye toward the elimination of the "glaring ... discrimination against Negroes which exists throughout our nation." Given this intent, it is not surprising that, during the hearings and debates preceding the …

Tests For Discrimination In Employment

Washington and Lee Law Review

No abstract provided.

Integrating The Desegregation Vocabulary--Brown Rides North, Maybe, J. Braxton Craven Jr.

West Virginia Law Review

No abstract provided.

Civil Rights - Housing Law - Effects Of Racial Concentration In Renewal Area, Thomas A. Koza

Duquesne Law Review

The United States Court of Appeals for the Third Circuit has held that the Department of Housing and Urban Development's approval of an urban renewal plan, by concentrating on land use factors without inquiry into the effects of the type of housing on racial concentration, does not comply with the Housing Act of 1949 and the Civil Rights Acts of 1964 and 1968.

Shannon v. United States Department of Housing and Urban Development, 436 F.2d 809 (3d Cir. 1970).

Title Vii Of The Civil Rights Act Of 1964 - Educational And Testing Requirements Invalid Unless Job-Related, Fred W. Veil

Duquesne Law Review

The United States Supreme Court has held that an employer's use of educational and testing requirements for screening job applicants violates Title VII of the Civil Rights Act of 1964 when the effect is to disqualify a disproportionate number of Negroes, and where there is no showing that either standard is significantly related to job performance.

Griggs v. Duke Power Company, 401 U.S. 424 (1971).

A Study In Nondecision: The Human Rights Commission In Huntington, Nancy Potter Matthews

Theses, Dissertations and Capstones

Civil Rights was one of the most explosive political issues of the 1960’s. Race relations was a concern to everyone, and a special concern to government at all levels and in all parts of the United States. This paper will show how Huntington, West Virginia, a medium-sized border city with a small minority population, faced the problem. In 1962, the Mayor established a Civil Rights Commission which served to insulate the City Council--the political decision-makers—from facing and resolving the problems of the Negro minority.

Politics is understood here as the distribution of advantages and disadvantages among people. Individuals differ in …

Affirmative Action Dents The National Labor Policy, Aims C. Coney Jr.

Duquesne Law Review

In this author's earlier review of Executive Order 11,246, published in February, 1971, it was predicted that 1971 would be the year in which affirmative action would achieve the awe and the respect of the legal profession. Among the reasons then given for the profession's expanding awareness were the following: (1) the far greater circulation of equal opportunity certification forms among government contractors and subcontractors; (2) the growing tendency of federal, state and local civil rights enforcement agencies to use affirmative action criteria in adjudicating issues of discrimination; (3) the federal government's readiness to use stop orders in the construction …

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Nineteenth Century De Jure School Segregation In Connecticut, Raymond B. Marcin

Scholarly Articles

No abstract provided.

The Legal Controversy As It Relates To Correctional Institutions - A Prison Administrator's View, Joseph R. Brierley

Villanova Law Review (1956 - )

No abstract provided.

Prisoners' Rights And The Correctional Scheme: The Legal Controversy And Problems Of Implementation, Joseph R. Brierley, Victor Rabinowitz, Edmund B. Spaeth Jr., James D. Crawford

Villanova Law Review (1956 - )

No abstract provided.

Transsexuals In Limbo: The Search For A Legal Definition Of Sex

Maryland Law Review

No abstract provided.

Discriminatory Hiring Practices Due To Arrest Records - Private Remedies, Baldo M. Carnecchia Jr.

Villanova Law Review (1956 - )

No abstract provided.

Federal Jurisdiction Under The Civil Rights Act - The Case Against The Personal-Property Rights Distinction, Frank L. Tamulonis

Villanova Law Review (1956 - )

No abstract provided.

Prisoner's Rights And The Correctional Scheme: The Legal Controversy And Problems Of Implementation - A Symposium - Introduction, Donald W. Dowd

Villanova Law Review (1956 - )

No abstract provided.

Self Defense For Women Lawyers: Enforcement Of Employment Rights, Giovanna M. Longo

University of Michigan Journal of Law Reform

Employment and a concomitant opportunity to compete on the basis of individual merit for the rewards of achievement, whether they be money, power, prestige, personal satisfaction in a job well done, or the fulfillment of broad social aims, contribute to the assertion of legitimate human needs for independence and self-respect, and contribute to the expression and realization of individual potential. Women professionals and professional employers need to understand the applicable law regarding the proof of sex discrimination, what exceptions there are to prohibited sex discrimination, the procedures for enforcing that law and the benefits or detriments to be expected from …

Women And The Equal Protection Clause, Eric R. Gilbertson

Cleveland State Law Review

The stance of the law in this respect, as with other social trends, has generally reflected the current attitudes that dominate the society it governs. Yet, as late as 1969, we still had judges on the appellate level taking judicial notice of the female's lesser capacity for sexual arousal, the sexual behavior of "the vast majority of women in a civilized society," and the "normal" behavior of a married woman in the presence of her husband in their bedroom;' all in a puritanically paternalistic fashion. This, and other absurd judicial pronouncements may have been what prompted one controversial attorney to …

Discrimination Against Women In Employment In Higher Education, Alan Miles Ruben, Betty J. Willis

Cleveland State Law Review

Having been forced to adjust the structure of academic governance and the design of the curriculum responsively to large-scale student protest, it now appears that universities will have to rework their traditional patterns for the appointment, compensation and promotion of faculty and administrative staff to satisfy the demands being made by the women's liberation movement for an end to sexist employment practices.

The Constitution And The One-Sex College, Lizabeth A. Moody

Cleveland State Law Review

These cases bring into sharp focus the question whether the Constitution permits government-sponsored institutions of higher learning on the basis of sex. Such institutions have a lengthy history in this country and, during the early years of the Republic, were the rule rather than the exception. Tradition, however, is not the test of constitutional permissibility.

Book Review, Avery S. Friedman

Cleveland State Law Review

White Racism and the Law, Lois B. Moreland, Charles E. Merrill Publishing Co., 1970

Preferential Admissions: Equalizing The Access Of Minority Groups To Higher Education, Robert M. O'Neil

Articles by Maurer Faculty

No abstract provided.

The Problems And Promise Of Black Men Of Law, Henry Mcgee

Faculty Articles

Professor McGee discusses the Black legal community's fight from the 1930s through the 1950s that eliminated the constitutional support of racial segregation and discrimination. Given the monumental obstacles which historically have plagued black lawyers, it is remarkable how many have succeeded despite the discrimination. While this article touches on some of the difficulties and limitations of the black bar, it must be stressed that there is a tradition of leadership and service among black lawyers that provides a solid foundation for the relatively large numbers of advocates that return to their communities. Building on this tradition of leadership, there are …

Prison Reform In The Future - The Trend Toward Expansion Of Prisoners' Rights, Monrad G. Paulsen

Villanova Law Review (1956 - )

No abstract provided.