Civil Rights and Discrimination Commons^™

The Federal Power Commission, Job Bias, And Naacp V. Fpc, John N. Kennedy

Akron Law Review

FREE ENTERPRISE SYSTEM has long been used to describe the structure of the American economy. Yet in a critical sense this characterization is a misnomer, because for many Americans the system has always been anything but free. Indeed, racial and sex discrimination are commonplace even today among the employment practices of a frightening number of employers. Gradually, however, the justice of equal employment opportunity is at last beginning to be recognized, even if it is not yet being universally administered, and many Americans are fast becoming genuinely committed to its realization. Because of this, a recent decision by the United …

Civil Rights In The Burger Court Era, Janice Gui

Akron Law Review

THE DECADE OF the sixties was a turbulent one. It began in a spirit of hope. In the midst of a period of sustained prosperity, John Kennedy created the Peace Corps, Lyndon Johnson launched his Great Society, and Congress passed the Civil Rights Act of 1964 so that everyone could participate in the good life. Under Earl Warren the United States Supreme Court complemented the liberal legislation by championing the rights of the individual who had been neglected by the mainstream of society-the criminal suspect, the member of a minority group, and the poor. But the dream was not fulfilled, …

Seniority Layoffs: The Bitter Fruits Of Victory, Andrea Krill

Akron Law Review

IT IS UNDENIABLE that the inertia of the civil rights laws has speeded the progress of equal employment opportunity. Minorities and women at last have enjoyed some measure of increased job entries and upward mobility. The current recession threatens to reverse this process. Seniority is the ambrosia of the working classes conferring a kind of employment immortality in return for their efforts. Those who have drunk deeply from the cup are secure, for their longer service renders them impervious to the furies of economic change. In many instances, those who have merely whetted their thirst are the more recently hired …

Civil Rights In The Burger Court Era, Janice Gui

Akron Law Review

THE DECADE OF the sixties was a turbulent one. It began in a spirit of hope. In the midst of a period of sustained prosperity, John Kennedy created the Peace Corps, Lyndon Johnson launched his Great Society, and Congress passed the Civil Rights Act of 1964 so that everyone could participate in the good life. Under Earl Warren the United States Supreme Court complemented the liberal legislation by championing the rights of the individual who had been neglected by the mainstream of society-the criminal suspect, the member of a minority group, and the poor. But the dream was not fulfilled, …

Seniority Layoffs: The Bitter Fruits Of Victory, Andrea Krill

Akron Law Review

IT IS UNDENIABLE that the inertia of the civil rights laws has speeded the progress of equal employment opportunity. Minorities and women at last have enjoyed some measure of increased job entries and upward mobility. The current recession threatens to reverse this process.

Seniority is the ambrosia of the working classes conferring a kind of employment immortality in return for their efforts. Those who have drunk deeply from the cup are secure, for their longer service renders them impervious to the furies of economic change. In many instances, those who have merely whetted their thirst are the more recently hired …

A Jurisprudence Of Equality: The Fourteenth Amendment And School Desegregation, Stewart Graham

Akron Law Review

This paper will deal with the meaning of equality in legal discourse and the social context which underlies that meaning.

Bona Fide Occupation Qualifications And The Military Employer: Opportunities For Females And The Handicapped, Tim M. Callaghan

Akron Law Review

This article explores the hiring and job placement policies of the United States military departments' in light of the concept of the bona fide occupational qualification (BFOQ). In essence a BFOQ criterion is a requisite to the actual performance of an employment task; a potential employee may be refused a position if he lacks an ability or characteristic which can be labeled as a BFOQ.

Although the study of military employment practices may induce emotional argumentation, this article avoids any conclusions based upon traditional roles of potential employees and deals with two classes of potential employees. The first class of …

Who Should Be Afforded More Protection In Voting – The People Or The States? The States, According To The Supreme Court In Shelby County V. Holder, Tara M. Darling

Touro Law Review

No abstract provided.

Petition For A Writ Of Certiorari. Paske V. Fitzgerald, 136 S.Ct. 536 (2015) (No. 15-162), 2015 U.S. S. Ct. Briefs Lexis 2659, 2015 Wl 4651685, Eric Schnapper, Margaret A. Harris

Court Briefs

QUESTIONS PRESENTED McDonnell Douglas Corp. v. Green established a common method of analyzing evidence of an unlawful discriminatory motive. If a plaintiff establishes a prima facie case of discrimination, the defendant must articulate a legitimate, non-discriminatory purpose for the disputed action; where the defendant has done so, the plaintiff has the burden of demonstrating that the proffered purpose was a pretext for discrimination. This Court has repeatedly explained that the burden of establishing a prima facie case is “not onerous.” United States Postal Service Board of Governors v. Aikens held, in the context of a case which had gone to …

Torch (August 2015), Brandon Baldwin, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

No abstract provided.

Not All Non-Discrimination Policies Are Created Equal: Analyzing Public Universities' Attempts To Regulate Membership Requirements Of Officially Recognized Student Organizations, James Heilpern

Brigham Young University Education and Law Journal

No abstract provided.

A Demographic Threat? Proposed Reclassification Of Arab Americans On The 2020 Census, Khaled A. Beydoun

Michigan Law Review First Impressions

“Arab Americans are white?” This question—commonly posed as a demonstration of shock or surprise—highlights the dissonance between how “Arab” and “white” are discursively imagined and understood in the United States today. These four words also encapsulate the dilemma that currently riddles Arab Americans. The population finds itself interlocked between formal classification as white, and de facto recognition as nonwhite. The Office of Management and Budget (OMB), the government agency that oversees the definition, categorization, and construction of racial categories, currently counts people from the Middle East and North Africa (MENA) as white. The United States Census Bureau (Census Bureau), the …

The False Choice Between Race And Class And Other Affirmative Myths, Lisa R. Pruitt

Buffalo Law Review

No abstract provided.

Justice Thurgood Marshall: A Selected Bibliography, Ruth A. Hodges

Moorland Spingarn Research Center Publications

No abstract provided.

The Right Of The Physically And Mentally Handicapped: Amendments Necessary To Guarantee Protection Through The Civil Rights Act Of 1964, Patrick T. Ryan

Akron Law Review

SINGLE STROKES of the government's pen can seldom alone accomplish social goals. To insure vitality, legislation requires review, revision and amendment. Though worthy of praise for initial and continuing contributions towards social betterment, the Civil Rights Act of 19641 falls into this classification. Its scope is too narrow because it fails to include a significant group of persons sorely in need of its protection. This legislation needs the depth evoked by its title rather than the limitations of its present language. Amendment is required to protect the rights of the physically and mentally handicapped.

Racial Credit Steering As A Discriminatory Credit Practice Under The Equal Credit Opportunity Act, Warren L. Dennis, Charles G. Field

Akron Law Review

This article will explore the possible application of the Equal Credit Opportunity Act with its multiple remedies and enforcement methods to racial credit steering practices as described above.

Seniority Systems And Title Vii, Arthur J. Marinelli

Akron Law Review

Seniority provisions frequently work to the disadvantage of minorities because earlier employment discrimination, prior to the passage of the Civil Rights Act of 1964,1 leaves them with fewer years of service. A conflict is thus created between the tradition of seniority and the goals of equal opportunity and affirmative action. The applicability of Title VII to seniority systems and the affirmative action tools for achieving the national policy of equal opportunity will be the focus of this article.

A Fresh Look At The Equal Credit Opportunity Act, Gail R. Reizenstein

Akron Law Review

The subsequent material will illustrate that despite the fact that women have been required to meet both a different and a higher standard for them to be deemed creditworthy, studies have shown that they (especially single women) are in fact better credit risks than men. Nevertheless, in an investigation of special problems concerning the availability of credit, the National Commission on Consumer Finance identified difficulties that women in particular faced in obtaining consumer, as well as mortgage, credit.

Gustavo GutiéRrez – Liberation Theology & Marxism, Todd Cameron Swathwood Jr

The Kabod

Since 1968, liberation theology has emerged as a prominent feature of religion and politics, particularly in South America. Originally stemming from the writings of Peruvian priest Gustavo Gutiérrez, this at-once theological and overtly political ideology decries the institutionalized violence of the world’s capitalist society on the poor and oppressed, and argues that God is particularly concerned with the plight of the suffering masses. Christians should therefore make assistance of these poor souls their highest priority, and advocate for any and all methods of alleviating suffering, especially those that work from the premise that society must be toppled and rebuilt for …

Lawyers Without Rights: Jewish Lawyers In Germany Under The Third Reich: An Exhibition At Roger Williams University School Of Law, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Container Legislation, Equal Protection, Commerce Clause, Minnesota V. Clover Leaf Creamery Company, Craig B. Paynter

Akron Law Review

The problems of litter, solid waste, and natural resource depletion are often inexorably linked to the liquid manufacturing and packaging industry. Legislative efforts to ameliorate these problems may therefore involve various controls of containers. When states enact container legislation, however, terms must be carefully chosen to avoid conflict with both state and federal constitutions.

Title Vii, Equal Employment Opportunity Commission, Disclosure Policy, Equal Employment Opportunity Commission V. Associated Dry Goods Corp, Kenneth L. Wittenauer

Akron Law Review

Amid judicial turmoil, the EEOC developed procedural guidelines to best effectuate its interpretation of Title VII policies. The Commission's procedural regulations permit the disclosure of the investigative files of the individual and of individuals with similar charges against the same employer even before a lawsuit has been filed. However, the EEOC has been forced to restrict access to its files in those jurisdictions which follow Sears while maintaining a more liberal disclosure policy in the remaining jurisdictions.

Affirmative Action, Reverse Discrimination Bratton V. City Of Detroit, John T. Dellick

Akron Law Review

In Bratton v. City of Detroit, the United States Sixth Circuit Court of Appeals examined charges of reverse discrimination' arising from a voluntary affirmative action plan adopted by the City of Detroit. These reverse discrimination claims were presented as alleged violations of Title VIP and the fourteenth amendment. The Bratton court reviewed the leading Title VII reverse discrimination case, United Steelworkers of America v. Weber, and the leading fourteenth amendment reverse discrimination case, Regents of University of California v. Bakke. From these cases, the court in Bratton extracted the major guidelines of each, comingled them, and developed …

Measuring The Reach Of Title Ix: Defining Program And Recipient In Higher Education, James H. Brooks

Akron Law Review

Two main issues are raised by Grove City College v. Bell and will be analyzed in this article. First, should the Supreme Court construe a post-secondary institution as a "program" for purposes of Title IX? Second, should aid to students be considered federal financial assistance to the institution?

Denial Of Tax Exempt Status For Racially Discriminatory Schools, Bob Jones University V. U.S., Margaret K. Cassidy

Akron Law Review

The extent to which the government may deny tax-exempt status in order to further its goal of eliminating racial discrimination is a question of paramount importance. The United States Supreme Court recently addressed this question in the case of Bob Jones University v. U.S., a consolidated action which involved a conflict between two established public policies: racial equality and religious freedom. The Court held that this nation's policy of racial equality overrides any interest that an educational and religious institution may have in promoting racial discrimination.

Title Vii Discrimination Actions: Applicable Or Inapplicable To The Partnership Decision? Hishon V. King & Spalding, Gus Yogmour

Akron Law Review

An underlying premise of a partnership is that it is a strictly voluntary association between two or more persons for a business purpose. The concept that a partnership can be forced against its will to accept another individual into the organization as a partner is repugnant to the underlying premise of voluntariness of association. One purpose of Title VII of The Civil Rights Act of 1964 is to prohibit discrimination on the basis of sex and to place men and women on an equal footing. In order for this equal footing to exist, an individual's capabilities can be the only …

Mandatory Retirement And Impact Discrimination Under The Age Discrimination In Employment Act: You'll Get Yours When You're 70, Maxine S. Thomas

Akron Law Review

This article will consider disparate impact analysis in the context of mandatory retirement of the pre-seventy employee under the ADEA. While disparate treatment analysis is clearly appropriate under the current legislative scheme, disparate impact analysis should also be available in age discrimination cases which consider mandatory retirement.

The Propriety Of Prospective Relief And Attorney's Fees Awards Against State-Court Judges In Federal Civil Rights Actions, Stephen J. Shapiro

Akron Law Review

During the past thirty years, the United States Supreme Court has refined a system of immunities for governmental officials when those officials are sued under 42 U.S.C. § 1983 for violation of constitutional rights. The kind of immunity granted varies with the kind of governmental function exercised by the official when committing the alleged constitutional violation. Persons exercising legislative functions are absolutely immune from suit either for damages or for prospective (declaratory or injunctive) relief. Those exercising prosecutorial functions are absolutely immune from damages but may be sued for prospective relief. Those exercising executive functions are granted only a conditional, …

Expanding The Quasi Suspect Class To Include Mentally Retarded Persons: Cleburne Living Center, Inc. V. City Of Cleburne, Annette E. Skinner

Akron Law Review

The Cleburne Living Center, Inc. v. City of Cleburne court faced the issue with a well-reasoned and carefully structured opinion. The court explored the indicia of suspectness promulgated by the Supreme Court in various opinions, and held that the mentally retarded share sufficient indicia of a suspect class to be accorded quasi-suspect status; therefore, intermediate scrutiny is the proper level of scrutiny to employ when examining the constitutionality of a statute. The largest part of the court's opinion dealt with the analysis of whether the discriminatory classification bore a substantial relationship to an important governmental objective - the required test …

The Writ-Writers: Jailhouse Lawyers Right Of Meaningful Access To The Courts, John F. Myers

Akron Law Review

This comment will focus on the evolution of jailhouse lawyers, the rights they possess and the problems they face in a system that continually seeks to limit their activities