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Articles 481 - 499 of 499
Full-Text Articles in Law and Race
Affirmative Action: Hypocritical Euphemism Or Noble Mandate?, Theodore J. St. Antoine
Affirmative Action: Hypocritical Euphemism Or Noble Mandate?, Theodore J. St. Antoine
Articles
Title VII of the Civil Rights Act of 1964 was adopted in an atmosphere of monumental naivete. Congress apparently believed that equal employment opportunity could be achieved simply by forbidding employers or unions to "discriminate" on the basis of "race, color, religion, sex, or national origin," and expressly disavowed any intention to require "preferential treatment." Perhaps animated by the Supreme Court's stirring desegregation decisions of the 1950's, the proponents of civil rights legislation made "color-blindness" the rallying cry of the hour. Today we know better. The dreary statistics, so familiar to anyone who works in this field, tell the story. …
Preferential Remedies For Employment Discrimination, Harry T. Edwards, Barry L. Zaretsky
Preferential Remedies For Employment Discrimination, Harry T. Edwards, Barry L. Zaretsky
Michigan Law Review
A basic thesis of this article is that much of the current concern about alleged "reverse discrimination" in employment ignores the reality of the situation. In Part I it will be contended that although color blindness is a laudable long-run objective, it alone will not end discrimination; thus, it will be argued that some form of "color conscious" affirmative action must be employed in order to achieve equal employment opportunity for minorities and women. The most effective form of affirmative action is temporary preferential treatment, and it will be asserted in Part II that such relief can be justified under …
Racial Preferences In Higher Education: Political Responsibility And The Judicial Role, Terrance Sandalow
Racial Preferences In Higher Education: Political Responsibility And The Judicial Role, Terrance Sandalow
Articles
Controversy continues unabated over the question left unresolved by DeFunis v. Odegaard: whether in its admissions process a state law school may accord preferential treatment to certain racial and ethnic minorities. In the pages of two journals published by the University of Chicago, Professors John Hart Ely and Richard Posner have established diametrically opposed positions in the debate. Their contributions are of special interest because each undertakes to answer the question within the framework of a theory concerning the proper distribution of authority between the judiciary and the other institutions of government. Neither position, in my judgment, adequately confronts the …
Employer Racial Discrimination: Reviewing The Role Of The Nlrb, Lawrence F. Doppelt
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 …
Packer & Ehrlich: New Directions In Legal Education, Richard C. Maxwell
Packer & Ehrlich: New Directions In Legal Education, Richard C. Maxwell
Michigan Law Review
A Review of New Directions in Legal Education by Herbert L. Packer and Thomas Ehrlich
Minority Enterprise, Federal Contracting, And The Sba's 8 (A) Program: A New Approach To An Old Problem, Michigan Law Review
Minority Enterprise, Federal Contracting, And The Sba's 8 (A) Program: A New Approach To An Old Problem, Michigan Law Review
Michigan Law Review
In partial response to the problems of the minority businessman, the Small Business Administration (SBA) has developed the 8(a) Program to channel government contracts to businesses owned by disadvantaged persons. This is accomplished through a procedure whereby the SBA contracts with another federal agency to provide that agency with goods or services, and then subcontracts that obligation to a qualified small business on a noncompetitive basis. The withdrawal of these contracts from competitive bidding has recently resulted in the institution of a number of federal court suits alleging inter alia that the 8(a) Program denies to whites the equal protection …
Strangers In Paradise: Griggs V. Duke Power Co. And The Concept Of Employment Discrimination, Alfred W. Blumrosen
Strangers In Paradise: Griggs V. Duke Power Co. And The Concept Of Employment Discrimination, Alfred W. Blumrosen
Michigan Law Review
In March 1966, the Equal Employment Opportunity Commission (EEOC) negotiated an extensive agreement with the Newport News Shipyard to eliminate employment discrimination. The outcome of these negotiations-which were conducted by the Office of Conciliations which I then headed-was the first major achievement for the EEOC under title Vll of the Civil Rights Act of 1964. Following that episode, Ken Holbert, Deputy Chief of Conciliations, and I decided to try to negotiate a model conciliation agreement on the subject of discriminatory employment testing. We knew that many companies had introduced tests in the 1950's and early 1960's when they could no …
A New Role For The Black Law Graduate--A Reality Or An Illusion, Harry T. Edwards
A New Role For The Black Law Graduate--A Reality Or An Illusion, Harry T. Edwards
Michigan Law Review
It is not really surprising that so much attention has recently been given to the gross disparity in White v. Black participation in the legal profession. Indeed, the question of quality participation by Black lawyers is an irrelevant consideration until there is a real commitment to give Blacks equal access to the formerly all-white legal educational institutions. In examining the nature of this heretofore obvious (but only recently acknowledged) problem of Black underrepresentation within our society? (3) What must be done by the legal profession not only to alleviate the negative impact of such a shortage, but also to enhance …
Constitutional Law--Equal Protection--Zoning--Snob Zoning: Must A Man's Home Be A Castle?, Michigan Law Review
Constitutional Law--Equal Protection--Zoning--Snob Zoning: Must A Man's Home Be A Castle?, Michigan Law Review
Michigan Law Review
This Note will analyze and evaluate the legal theories that may be employed to attack snob zoning in the courts. First, the feasibility of attacking snob zoning via the equal protection clause of the fourteenth amendment will be examined. The second part of this Note will delineate alternative judicial responses to snob zoning that are couched in more conventional zoning-law terms.
Effective Representation And Multimember Districts, Michigan Law Review
Effective Representation And Multimember Districts, Michigan Law Review
Michigan Law Review
The Supreme Court has not decided a case involving an assertion of the claim that a multimember district denies the right of effective representation since Fortson and Burns. However, there have been several subsequent challenges in lower courts to the validity of such districts, and these challenges have generally failed because the factual evidence did not demonstrate conclusively that the voting strength of a legally cognizable racial or political element had been minimized or cancelled. In Chavis v. Whitcomb, however, a three-judge federal district court in Indiana found that the plaintiff had presented sufficient factual evidence to sustain …
Civil Rights--Segregation--Federal Income Tax: Exemptions And Deductions--The Validity Of Tax Benefits To Private Segregated Schools, Michigan Law Review
Civil Rights--Segregation--Federal Income Tax: Exemptions And Deductions--The Validity Of Tax Benefits To Private Segregated Schools, Michigan Law Review
Michigan Law Review
In granting the preliminary injunction, the district court found that plaintiffs were asserting a substantial constitutional claim and had a reasonable possibility of success. Balancing the equities of the parties, the court decided that the possibility of significant adverse effect on the Commissioner and schools awaiting tax benefits was not great and was in any event far outweighed by the harm which could result from a denial of the requested relief pendente lite. Thus, the court found that the threat of irreparable injury justified the issuance of a preliminary injunction. The propriety of the court's decision to grant a preliminary …
Community Control, Public Policy, And The Limits Of Law, David L. Kirp
Community Control, Public Policy, And The Limits Of Law, David L. Kirp
Michigan Law Review
This Article deals with those two points of conflict-disputes about governance, race, and political power; and constitutional concerns, rooted in Brown v. Board of Education, about racially heterogeneous education. Both are central to understanding, and to giving content to, the disagreements about community control. The questions about power provide a context within which to understand the terms of the debate. The constitutional discussion suggests some inevitable judicial difficulties in resolving disputes that emerge from the debate. Such questions are increasingly before the courts, whose decisions may alter the bounds of acceptable conduct in ways that permit or deny the …
New York City School Decentralization, Barry D. Hovis
New York City School Decentralization, Barry D. Hovis
University of Michigan Journal of Law Reform
The 1969 New York Education Act grew out of a movement demanding decentralization of the New York City school system. The ultimate goals of this movement were to: (1) encourage community awareness and participation in the development of educational policy, and (2) create sufficient flexibility in the school system to enable administrators to resolve the diverse needs of the varying communities within the city. Support for the plan arose out of more than a decade of dissatisfaction with the centralized system by educators, school administrators, and parents. Supporters of decentralization had pointed in particular to the failure of the centralized …
Racial Equality In Jobs And Unions, Collective Bargaining, And The Burger Court, William B. Gould
Racial Equality In Jobs And Unions, Collective Bargaining, And The Burger Court, William B. Gould
Michigan Law Review
In dealing with the problems of employment discrimination, the Burger Court will have to face several new and major issues. This Article is concerned with two of the most important of those issues. The first is whether the present requirement that workers seek redress of their grievances through the exclusive representation of the union is applicable to victims of racial discrimination; and if not, what other remedies should be available to those workers. The second is whether quotas and ratios based on race are permissible; and if so, whether it is required that they be used to integrate union leadership …
Racial Imbalance, Black Separatism, And Permissible Classification By Race, Norman Vieira
Racial Imbalance, Black Separatism, And Permissible Classification By Race, Norman Vieira
Michigan Law Review
The Article will begin with a discussion of the School Segregation Cases which have been invoked both to sustain and to invalidate corrective racial classification. It will then review federal discrimination against Japanese-Americans and against Indians, as well as the more obscure discrimination found in immigration and naturalization laws. It will also consider, in some detail, the paradoxical rules governing the discriminatory selection of jurors and, in lesser detail, the cases dealing with domestic relations and racial designations. A concluding section will discuss black separatism and general policy matters relating to the correction of imbalance in the schools. The Article …
Systematic Exclusion Of Negroes From Selective Service Boards: Some Proposals For Reform, Michigan Law Review
Systematic Exclusion Of Negroes From Selective Service Boards: Some Proposals For Reform, Michigan Law Review
Michigan Law Review
The concept of the local draft board is based on the theory that selection of persons for compulsory military service can be accomplished most fairly by small groups of neighbors of those who are to serve. As the National Office of the Selective Service recently stated: "Because of its comparatively long association with a registrant and knowledge of what he has done, the local board is relatively well qualified to evaluate his ability to perform," A corollary to this basic theory is that a more flexible selection process evincing greater sensitivity to the problems of individual registrants can be achieved …
Comment On Powell V. Mccormack, Terrance Sandalow
Comment On Powell V. Mccormack, Terrance Sandalow
Articles
The rapid pace of constitutional change during the past decade has blunted our capacity for surprise at Supreme Court decisions. Nevertheless, Powell v. McCormack is a surprising decision. Avoidance of politically explosive controversies was not one of the most notable characteristics of the Warren Court. And yet, it is one thing for the Court to do battle with the Congress in the service of important practical ends or when the necessity of doing so is thrust upon it by the need to discharge its traditional responsibilities. It is quite another to tilt at windmills, especially at a time when the …
The Warren Court And Desegregation, Robert L. Carter
The Warren Court And Desegregation, Robert L. Carter
Michigan Law Review
When Chief Justice ·warren assumed his post in October 1953, the underpinnings of the "separate but equal" concept had become unmoored beyond restoration. Full-scale argument on the validity of apartheid in public education was only weeks away, and the portent of change in the constitutional doctrine governing American race relations was unmistakable. Although the groundwork had been carefully prepared for the Chief Justice's announcement in Brown v. Board of Education that fundamental principles forbade racial segregation in the nation's public schools, the decision, when it was delivered on :May 17, 1954, was more than a break with the past. In …
Race Segregation Ordinance Invalid, Henry M. Bates
Race Segregation Ordinance Invalid, Henry M. Bates
Articles
The opinion in Buchanan v. Warley reflects the confusion and difficulty of that troublesome problem, the place of the negro race in the United States, with which the case and the segregation ordinance of Louisville discussed therein are essentially concerned. The decision by a unanimous court reverses the holding of the Kentucky Court of Appeals, and declares that the ordinance violates the Fourteenth Amendment. This result is reached by one of those anomalous and objectionable devices which characterize our methods of solving fundamental constitutional questions. The case arose upon a bill for specific performance of a contract, whereby the plaintiff, …