Constitutional Law Commons^™

Book Review. Belonging To America, Lauren K. Robel

Articles by Maurer Faculty

No abstract provided.

Equal Protection

Touro Law Review

No abstract provided.

Equal Protection

Touro Law Review

No abstract provided.

After We're Gone: A Commentary, Michael A. Middleton

Faculty Publications

Professor Bell has placed before us a basic question that must be dealt with by all who wish to resolve the difficulties inherent in governing a free society. That question is one with which the framers of our Constitution grappled and that baffles us still. How does a society effectively govern itself and at the same time guarantee equal liberty for all? More specifically, in the racial context presented by The Chronicle of the Space Traders, when may government act for the benefit of society in a manner that is detrimental to some of its citizens because of their race?

Scholars' Reply To Professor Fried, Yale Kamisar, Lee C. Bollinger, Judith C. Areen, Barbara A. Black

Articles

As Solicitor General of the United States, Charles Fried, like any good advocate, was often in the position of attempting to generate broad holdings from relatively narrow and particularistic Supreme Court decisions. This was especially true in affirmative action cases. There, the Department of Justice argued that cautious precedents actually stood for the broad proposition that measures designed to put members of disadvantaged groups on a plane of equality should, for constitutional purposes, be treated the same as measures intended to stigmatize or subordinate them. The Supreme Court, however, has consistently rejected this reading of its precedents and the broad …

Aids, Astrology, And Arline: Towards A Causal Interpretation Of Section 504, Gary S. Lawson

Faculty Scholarship

Section 504 of the Rehabilitation Act of 1973 provides that ‘[n]o otherwise qualified individual with handicaps shall, solely by reason of his handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under [any federal or federally funded program].’1 In School Board v. Arline,2 the Supreme Court held that a school teacher with a history of infectious tuberculosis was an ‘individual with handicaps' protected by section 504,3 and that the determination of whether she was ‘otherwise qualified’ to teach elementary school required a sound medical assessment of the risks …

The 1986 And 1987 Affirmative Action Cases: It's All Over But The Shouting, Herman Schwartz

Michigan Law Review

For the moment, the affirmative action wars are over. In a ten-year set of decisions, culminating in five during the last two terms, the Court has now legitimated almost all types of race and gender preferences, even if they benefit nonvictims, including voluntarily adopted preferences in hiring, promotion, university admissions, and government contracting; hiring and promotion preferences in consent decrees; and court-ordered hiring and promotions. It has approved preferences by both public and private bodies, and for both racial-ethnic minorities and women. It has barred only layoffs of white (and presumably male) employees who have more seniority than employees hired …

Freedom Of Speech And Racism, David Kretzmer

Cardozo Law Review

No abstract provided.

Private Clubs And Employment Discrimination: Does Federal Law Apply?, Elyse Hilton

Fordham Urban Law Journal

This Note examines the general history and function of Title VII and section 1981 of the civil rights law. The author discusses the problems inherent in defining an organization as a private club, for purposes of employment non-discrimination efforts. The Note examines statutory construction and legislative history, as well as case law to assess arguments as to whether Title VII impliedly amends section 1981 with respect to the private club exemption. The author argues that membership discrimination cases in the case law differ radically from employment discrimination cases, which address entirely different sets of rights. The argument concludes therefore that …

Securing Justice: A Response To William Bradford Reynolds, Michael A. Middleton

Faculty Publications

I doubt that William Bradford Reynolds would disagree that the self evident truths the Framers of the Declaration of Independence spoke about are as applicable today in the 1980's as they were over 200 years ago. I also doubt that Mr. Reynolds would disagree that despite the fact that black people were not considered human beings when the Constitution was framed, the fourteenth amendment to that great document was intended to bring them within the ambit of its protections. On these two basic propositions, I suspect, Mr. Reynolds and I would agree. Beyond that however, Mr. Reynolds advances a fundamentally …

Thornburg V. Gingles, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Privacy And The Sex Bfoq: An Immodest Proposal, Carolyn S. Bratt

Law Faculty Scholarly Articles

Since the adoption of Title VII of the Civil Rights Act of 1964, courts have been called upon to determine whether an employer can avoid liability for refusing to hire employees of one sex by invoking the privacy rights of its customers. Two recent court decisions are illustrative of the question and its resolution. In Backus v. Baptist Medical Center, the defendant employer's policy of excluding male nurses from the labor and delivery section of its obstetrics and gynecology department was challenged. The defendant established that most of the duties of a labor and delivery nurse involve exposure to …

Title Vi And The Constitution: A Regulatory Model For Defining ‘Discrimination’, Charles F. Abernathy

Georgetown Law Faculty Publications and Other Works

In recent years confusion has surrounded the proper interpretation of title V1 of the Civil Rights Act of 1964, which prohibits discrimination in programs receiving federal financial assistance. Some courts have held that the title prohibits only intentional discrimination. Others have held that it proscribes actions having discriminatory effects as well, an interpretation that imposes a great burden on federal grantees. The Supreme Court heightened the confusion when five individual justices in Regents of the University of California v. Bakke questioned the propriety of the Court's earlier adoption of an "effects" test for title VI. Professor Abernathy argues that this …

Exclusionary Land Use Controls And The Takings Issue, Robert R. Wright

Law Faculty Scholarship

No abstract provided.

State V. West, No. 53, 123, 23 Fla. L. W. 265 (Sup. Ct. June 7, 1979), Marjorie E. Smith

Florida State University Law Review

Constitutional Law-EQUAL PROTECTION-STATUTE OF LIMITATIONS FOR PATERNITY SUITS DOES NOT DENY ILLEGITIMATE CHILDREN THE EQUAL PROTECTION OF THE LAWS

Book Reviews, George A. Hay, H. Michael Mann, Teresa Amott

Vanderbilt Law Review

Book Reviews:

The Antitrust Penalties: A Study in Law and Economics By Kenneth G. Elzinga and William Breit

Reviewed by George A. Hay

The Antitrust Penalties was published in 1976. Its main mes-sage is that the only efficient antitrust penalty is a heavy fine and that incarceration comes out poorly by any benefit-cost standard.Later that year, in a celebrated and possibly unprecedented appearance, newly appointed Assistant Attorney General Donald I. Baker argued before a federal district judge that jail sentences were the appropriate penalty for a group of defendants who had just been convicted in one of the major price-fixing …

Village Of Arlington Heights V. Metropolitan Housing Development Corp., 97 S. Ct. 555 (1977), Karen K. Kinkennon

Florida State University Law Review

Zoning- DISCRIMINATORY INTENT MUST BE PROVED BEFORE COURTS MAY REACH FOURTEENTH AMENDMENT EQUAL PROTECTION ISSUES.

Recent Developments

American Indian Law Review

No abstract provided.

Constitutional Rights And Land Use Planning: The New And The Old Reality, Robert R. Wright

Law Faculty Scholarship

No abstract provided.

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

Villanova Law Review (1956 - )

No abstract provided.

A Constitution For Every Man, William W. Van Alstyne

Faculty Scholarship

No abstract provided.

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Discrimination: A Constitutional Dilemma, Frank S. Sengstock, Mary C. Sengstock

William & Mary Law Review

No abstract provided.

Racial Discrimination In "Private" Schools, Norman Dorsen

William & Mary Law Review

No abstract provided.

Political Thickets And Crazy Quilts: Reapportionment And Equal Protection, Robert B. Mckay

Michigan Law Review

If asked to identify the two most important cases decided by the Supreme Court of the United States in the twentieth century, informed observers would be likely to name, in whichever order, Brown v. Board of Education and Baker v. Carr.

Legislative Apportionment And Representative Government: The Meaning Of Baker V. Carr, Jo Desha Lucas

Michigan Law Review

In three recent cases the Supreme Court has reopened the question of the extent to which federal courts will review the general fairness of state schemes of legislative apportionment. It is a question on which the Court has had nothing to say for over a decade, leaving the bar to patch together the current state of the law from the outcome of cases disposed of without opinion considered against a backdrop of language used in earlier decisions.

Residency Requirements For Voting And The Tensions Of A Mobile Society, John R. Schmidhauser

Michigan Law Review

It is the purpose of this article to determine the extent to which persons otherwise qualified to vote are disenfranchised by the complex of state residency requirements and to assess the practical and constitutional aspects of any statutory prospects for change.

The Administraton's Anti-Literacy Test Bill: Wholly Constitutional But Wholly Inadequate, William W. Van Alstyne

Michigan Law Review

The nature of American national government has undergone a profound metamorphosis, moving from the near oligarchy which characterized the system as established in 1789 to the imperfectly representative government which it is today. At the time the Constitution was ratified, all restrictions then imposed by the several states on the right to vote for state and federal electors were preserved. These various limitations on the franchise restricted the active body politic to approximately four percent of the total population. Disfranchisement applied then, as now, to those under twenty-one, to those lacking sufficient residence in a given community, to the insane, …

Comment: Sit-Ins And State Action- Mr. Justice Douglas, Concurring, Kenneth L. Karst, William W. Van Alstyne

Faculty Scholarship

No abstract provided.

The O’Meara Case And Constitutional Requirements Of State Anti-Discrimination Housing Laws, William W. Van Alstyne

Faculty Scholarship

Against the backdrop of the highly criticized O’Meara case, this comment explores the possible rational bases a state could use to support a differentiation between publicly-assisted and unassisted home owners. This comment also addresses the question of how substantial that rational bases must be in order to survive the requirements of equal protection.