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Civil Rights and Discrimination

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Articles 3001 - 3030 of 3251

Full-Text Articles in Constitutional Law

De Facto And De Jure Sex Discrimination Under The Equal Protection Clause: A Reconsideration Of The Veterans' Preference In Public Employment, Grace Blumberg Oct 1976

De Facto And De Jure Sex Discrimination Under The Equal Protection Clause: A Reconsideration Of The Veterans' Preference In Public Employment, Grace Blumberg

Buffalo Law Review

No abstract provided.


Civil Rights And Constitutional Law, Dorothy Y. Kirkley, Glenna L. Stone Jul 1976

Civil Rights And Constitutional Law, Dorothy Y. Kirkley, Glenna L. Stone

Mercer Law Review

The volume of civil rights and constitutional law cases decided by the United States Court of Appeals for the Fifth Circuit continues to rise steadily. This article is a selection of 1975 cases deciding substantive and procedural issues which, in the authors' opinion, are noteworthy for the general reader. The selection is by no means exhaustive.


Constitutional Law--Civil Rights--Georgia's Bar Exam Does Not Unconstitutionally Discriminate On The Basis Of Race, Richard B. Badgley Jul 1976

Constitutional Law--Civil Rights--Georgia's Bar Exam Does Not Unconstitutionally Discriminate On The Basis Of Race, Richard B. Badgley

Mercer Law Review

In Tyler v. Vickery the Fifth Circuit Court of Appeals held that the Georgia bar examination does not discriminate against blacks in violation of the equal protection clause of the fourteenth amendment and that traditional constitutional tests, rather than EEOC guidelines promulgated under title VII of the Civil Rights Act of 1964, are the appropriate standards by which the constitutionality of the examination must be judged. The court further held that the failure to provide for a review of a failing grade does not violate the due process clause of the fourteenth amendment because those who fail the bar exam …


Recent Decisions, Phoebe A. Haddon Jan 1976

Recent Decisions, Phoebe A. Haddon

Faculty Scholarship

No abstract provided.


Equal Protection And Criminal Sentencing: Legal And Policy Considerations, Mark Berger Jan 1976

Equal Protection And Criminal Sentencing: Legal And Policy Considerations, Mark Berger

Faculty Works

No abstract provided.


Sex Discrimination In Athletics, Joan Ruth Kutner Jan 1976

Sex Discrimination In Athletics, Joan Ruth Kutner

Villanova Law Review (1956 - )

No abstract provided.


Recent Developments, Various Editors Jan 1976

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.


Recent Developments, Various Editors Jan 1976

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.


Constitutional Law-Civil Rights-Standard For Relief In Racial Discrimination Cases Requires A Showing Of Discriminatory Intent, T. Keith Fogg Jan 1976

Constitutional Law-Civil Rights-Standard For Relief In Racial Discrimination Cases Requires A Showing Of Discriminatory Intent, T. Keith Fogg

University of Richmond Law Review

When Congress passed Title VII of the Civil Rights Act of 1964, it did not extend the coverage of the Act to public employers. Consequently, the Griggs v. Duke Power Co. decision in 1971 created the anomalous situation that private employers were held to a tougher standard of scrutiny with respect to racial considerations in their hiring procedures under Title VII than were public employers under the Constitution. This curious development in the relationship between public employment and Title VII caused many courts to alter their standards for equal protection violations in the early 1970's. In the realm of public …


Constitutional Law- Civil Rights- Private Schools Prohibited From Excluding Qualified Children Solely Because They Are Black, Craig S. Cooley Jan 1976

Constitutional Law- Civil Rights- Private Schools Prohibited From Excluding Qualified Children Solely Because They Are Black, Craig S. Cooley

University of Richmond Law Review

All major school desegregation decisions through 1975 involved "public" schools, and were based on provisions of the fourteenth amendment. This constitutional remedy, however, requires the presence of "state action" before being triggered. Commencing with the Supreme Court's earliest public school desegregation decisions, and accelerating with the finding of affirmative duties of southern school districts to desegregate, private educational institutions following racially exclusionary admittance policies were founded. Such private discrimination generally has been considered to be beyond the scope of the fourteenth amendment. Moreover, parents that patronize such institutions have sought support in Supreme Court cases which confer constitutional protection upon …


Administrative Law: Due Process Requirements Of Notice And Hearing Apply To Native Claims Under Administrative Procedure Act; Civil Rights: Challenging Tribal Membership Ordinance; Criminal Law: Nor Prejudice To Indian Defendant Sentenced Under State Due To Additional Or Alternative Fina Authorized By Federal Statute; Due Process: Tribal Elections And The Indian Civil Rights Act; Environment: Standing Of Non-Indians To Challenge Validity Of Coal Leases On Indian Land; Evidence: Indian Concept Of "Toka" As Concerning Issues Of Provocation And Justification; Indian Civil Rights Act: Residency Requirements For Tribal Political Office Upheld; Indian Lands: Quiet Title Action By Indian Allottees Against Railroad Holding Easement In The Nature Of A Limited Fee; Jurisdiction: Adoption Where All Parties Are Residents Of An Indian Reservation; Jurisdiction: New Mexico State Constitution As Affecting Adjudication Of Indian Water Rights; Taxation: State Right Of Taxation On Reservations When Commerce Effectuated Between Indians And Non-Indians Jan 1976

Administrative Law: Due Process Requirements Of Notice And Hearing Apply To Native Claims Under Administrative Procedure Act; Civil Rights: Challenging Tribal Membership Ordinance; Criminal Law: Nor Prejudice To Indian Defendant Sentenced Under State Due To Additional Or Alternative Fina Authorized By Federal Statute; Due Process: Tribal Elections And The Indian Civil Rights Act; Environment: Standing Of Non-Indians To Challenge Validity Of Coal Leases On Indian Land; Evidence: Indian Concept Of "Toka" As Concerning Issues Of Provocation And Justification; Indian Civil Rights Act: Residency Requirements For Tribal Political Office Upheld; Indian Lands: Quiet Title Action By Indian Allottees Against Railroad Holding Easement In The Nature Of A Limited Fee; Jurisdiction: Adoption Where All Parties Are Residents Of An Indian Reservation; Jurisdiction: New Mexico State Constitution As Affecting Adjudication Of Indian Water Rights; Taxation: State Right Of Taxation On Reservations When Commerce Effectuated Between Indians And Non-Indians

American Indian Law Review

No abstract provided.


Civil Rights; Challenging Tribal Membership Ordinance; Constitutional Law: Indigent Indians' Right To Counsel In Tribal Court; Constitutional Law: Tribal Judge Serving As Tribal Prosecutor As Violation Of Indian Civil Rights Act; Indian Lands: Termination Of Aboriginal Land Rights; Jurisdiction: Exhaustion Of Tribal Remedies Required; Jurisdiction: State Jurisdiction Where "Reservation" Lands Not Owned By Indians; Land Rights: Determination Of Property Rights In Mineral Interests Under Allotted Lands Jan 1976

Civil Rights; Challenging Tribal Membership Ordinance; Constitutional Law: Indigent Indians' Right To Counsel In Tribal Court; Constitutional Law: Tribal Judge Serving As Tribal Prosecutor As Violation Of Indian Civil Rights Act; Indian Lands: Termination Of Aboriginal Land Rights; Jurisdiction: Exhaustion Of Tribal Remedies Required; Jurisdiction: State Jurisdiction Where "Reservation" Lands Not Owned By Indians; Land Rights: Determination Of Property Rights In Mineral Interests Under Allotted Lands

American Indian Law Review

No abstract provided.


Constitutional Law - Civil Rights - Discrimination Against Blacks In Admissions To Private Schools Violates The Right To Contract Guaranteed By Section 1981, Susan M. Denbo Jan 1976

Constitutional Law - Civil Rights - Discrimination Against Blacks In Admissions To Private Schools Violates The Right To Contract Guaranteed By Section 1981, Susan M. Denbo

Villanova Law Review (1956 - )

No abstract provided.


Immunity Under 42 U.S.C. Section 1983, Ernest B. Fullwood Oct 1975

Immunity Under 42 U.S.C. Section 1983, Ernest B. Fullwood

North Carolina Central Law Review

No abstract provided.


Runyon V. Mccrary, Lewis F. Powell, Jr. Oct 1975

Runyon V. Mccrary, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.


Michigan V. Mosley, Lewis F. Powell Jr. Oct 1975

Michigan V. Mosley, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Franks V. Bowman Transportation Co. Inc., Lewis F. Powell Jr. Oct 1975

Franks V. Bowman Transportation Co. Inc., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Washington V. Davis, Lewis F. Powell Jr. Oct 1975

Washington V. Davis, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Drew Municipal Separate School District V. Andrews, Lewis F. Powell Jr. Oct 1975

Drew Municipal Separate School District V. Andrews, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Virginia State Board Of Pharmacy V. Virginia Citizens Consumer Council, Lewis F. Powell Jr. Oct 1975

Virginia State Board Of Pharmacy V. Virginia Citizens Consumer Council, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Computerized Medical Records And The Right To Privacy: The Emerging Federal Response, Barry B. Boyer Oct 1975

Computerized Medical Records And The Right To Privacy: The Emerging Federal Response, Barry B. Boyer

Buffalo Law Review

No abstract provided.


Weinberger V. Wiesenfeld, 95 S. Ct. 1225 (1975), Barbara Cozad Biddle Jul 1975

Weinberger V. Wiesenfeld, 95 S. Ct. 1225 (1975), Barbara Cozad Biddle

Florida State University Law Review

Constitutional Law- EQUAL PROTECTION- DENYING SOCIAL SECURITY "MOTHER'S INSURANCE BENEFITS" TO FATHERS VIOLATES EQUAL PROTECTION COMPONENT OF FIFTH AMENDMENT DUE PROCESS CLAUSE.


Constitutional Law--Women's Rights--Mandatory Pregnancy Leave Unconstitutional, Jean Karen Beasley Jun 1975

Constitutional Law--Women's Rights--Mandatory Pregnancy Leave Unconstitutional, Jean Karen Beasley

West Virginia Law Review

No abstract provided.


Constitutional Law--The Eleventh Amendment--Injustice For All, Devon L. Gosnell Jun 1975

Constitutional Law--The Eleventh Amendment--Injustice For All, Devon L. Gosnell

West Virginia Law Review

The concept of sovereign immunity has long been a vibrant force in American law, overshadowing the inequities it created by the theory that government was responsible only for those wrongs it chose to recognize from a moral consciousness inherent within the state. When the thirteen colonies banded together to form the union known as the United States of America, state government played a relatively minor role in the lives of the people. Of the few disputes that did arise between states and citizens, mainly payment of bond obligations incurred during the Revolutionary War, most were settled out of court. As …


Constitutional Law--Equal Protection Discrimination Against Pregnancy Is Not Sex Discrimination--Geduldig V. Aiello, Dale F. Gardiner May 1975

Constitutional Law--Equal Protection Discrimination Against Pregnancy Is Not Sex Discrimination--Geduldig V. Aiello, Dale F. Gardiner

BYU Law Review

No abstract provided.


Constitutional Law--Mootness--De Funis V. Odegaard, Dee V. Benson May 1975

Constitutional Law--Mootness--De Funis V. Odegaard, Dee V. Benson

BYU Law Review

No abstract provided.


A Guide To Pennsylvania Delinquency Law, Leonard Packel Jan 1975

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 Jan 1975

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.


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

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

UIC Law Review

No abstract provided.


Constitutional Law-Civil Rights-Absent State Involvement, Right Of Association Not Protected By 42 Usc § 1985(3) Jan 1975

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 …