Law and Society Commons^™

Gender And Race Bias Against Lawyers: A Classroom Response, Suellyn Scarnecchia

Articles

In reviewing other clinicians' approaches to teaching about bias, I identified problems that eventually led me to design a two-hour class session on bias against lawyers. The following is a review of a few other teaching methods and a description of my own approach, detailing its own strengths and weaknesses. This is not an exhaustive review of all possible approaches to bias. It is offered to promote classroom discussion of bias against lawyers and to invite the development of innovative alternatives to my approach.

Implementing Brown In The Nineties: Political Reconstruction, Liberal Recollection, And Litigatively Enforced Legislative Reform, James S. Liebman

Faculty Scholarship

Opposed for a decade by a hostile national administration, faced with the prospect for decades to come of an unsympathetic federal judiciary, and amidst declarations of the Second Reconstruction's demise, civil rights organizations have undertaken recently to rethink their litigation agendas. I have two motivations for offering some thoughts in support of that task. First, the civil rights community has requested the assistance of the academy in reshaping the community's litigation agenda and, in my case, in identifying "new strategies for implementing Brown v. Board of Education." Second, my analysis of the principal "old" strategy for implementing Brown, …

English-Only Rules And The Right To Speak One's Primary Language In The Workplace, Juan F. Perea

University of Michigan Journal of Law Reform

This Article analyzes the issues raised by English-only rules and the decisions discussing these rules. Part I reviews the leading cases on English-only rules. The Article then explores several issues that must be considered in deciding any English-only rule case under Title VII. Part II addresses whether speaking one's primary language should constitute a protected right as an aspect of national origin under Title VII. This Article argues that primary language should be protected under Title VII for several reasons: the courts and the EEOC construe the term "national origin" broadly; primary language constitutes a fundamental aspect of ethnicity and …

Foundering On The Seas Of Hopelessness, Mary C. Dunlap

Michigan Law Review

A Review of Gays/Justice: A Study of Ethics, Society, and Law by Richard D. Mohn

The Politics Of Victimization Makes Strange Bedfellows, Jennifer L. Hochschild

Michigan Law Review

A Review of The Civil Rights Society: The Social Construction of Victims by Kristin Bumiller, and Plural But Equal: Blacks and Minorities in America's Plural Society by Harold Cruse

Protection Of Civil Rights: A Constitutional Mandate For The Federal Government, Julius Chambers

Michigan Law Review

A Review of Federal Law and Southern Order: Racial Violence and Constitutional Conflict in the Post-Brown South by Michal Belknap

Habeas Corpus Committee - Correspondence, Lewis F. Powell, Jr.

Habeas Corpus Committee

No abstract provided.

A Judge Shapes And Manages Institutional Reform: School Desegregation In Buffalo, Judy Scales-Trent

Journal Articles

No abstract provided.

One Judge's Battle Against The New York City Judicial Establishment, Percy R. Luney Jr.

North Carolina Central Law Review

No abstract provided.

A Need For Caring, Judith Areen

Michigan Law Review

A Review of AIDS and the Law: A Guide for the Public edited by Harlon L. Dalton, Scott Burris and the Yale AIDS Law Project

The Unique, Novel, And Unsound Adversary Ethic, Thomas L. Shaffer

Vanderbilt Law Review

The dominant ethic in the American legal profession in 1988 is the adversary ethic. The adversary ethic, in the words of the late Justice Abe Fortas, claims that "[l]awyers are agents, not principals; and they should neither criticize nor tolerate criticism based upon the character of the client whom they represent or the cause that they prosecute or defend. They cannot and should not accept responsibility for the client's practices." This ethic is the principal-and often the only-reference point in professional discussions. Although it is embedded in our professional codes, our cases, and our law offices, this Article argues that …

Enforcement Provisions Of The Civil Rights Act Of 1866: A Legislative History In Light Of Runyon V. Mccrary, The Review Essay And Comments: Reconstructing Reconstruction, Robert J. Kaczorowski

Faculty Scholarship

The purpose of this Comment is to examine the history of the enactment and early enforcement of the Civil Rights Act of 1866 from the perspective of the remedies Congress sought to provide to meet the problems that necessitated the legislation. Its main foci are the statute's enforcement provisions and their early implementation, an aspect of the history of the statute that has not been fully considered in relation to section one, the provision that has received the most scholarly attention. The occasion of this study is the Supreme Court's reconsideration of Runyon v. McCrary' in Patterson v. McLean Credit …

Communities, Texts, And Law: Reflections On The Law And Literature Movement, Robin West

Georgetown Law Faculty Publications and Other Works

How do we form communities? How might we form better ones? What is the role of law in that process? In a recent series of books and articles, James Boyd White, arguably the modern law and literature movement's founder, has put forward distinctively literary answers to these questions. Perhaps because of the fluidity of the humanities, White's account of the nature of community is not nearly as axiomatic to the law and literature movement as is Posner's depiction of the "individual" to legal economists. Nevertheless, White's conception is increasingly representative of the literary-legalist's world view. Furthermore, with the exception of …

Pornography Is A Civil Rights Issue For Women, Andrea Dworkin

University of Michigan Journal of Law Reform

My name is Andrea Dworkin. I am a citizen of the United States, and in this country where I live, every year millions and millions of pictures are being made of women with our legs spread. We are called beaver, we are called pussy, our genitals are tied up, they are pasted, makeup is put on them to make them pop out of a page at a male viewer. Millions and millions of pictures are made of us in postures of submission and sexual access so that our vaginas are exposed for penetration, our anuses are exposed for penetration, our …

Surrogate Parenting After Baby M: The Ball Moves To The Legislature’S Court, John R. Dunne, Gregory V. Serio

Touro Law Review

No abstract provided.

Civil Rights In Transition: Sections 1981 And 1982 Cover Discrimination On The Basis Of Ancestry And Ethnicity, Eileen Kaufman, Martin A. Schwartz

Touro Law Review

No abstract provided.

Will The Constitution Survive Into The Twenty-First Century - Some Reflections On The Bicentennial Of The United States Constitution, 21 J. Marshall L. Rev. 79 (1987), Michael P. Seng

UIC Law Review

No abstract provided.

The Elwood Case: Vindicating The Educational Rights Of The Disabled, A. Wayne Mackay

Articles, Book Chapters, & Popular Press

The guarantees of the Charter of Rights affect the definition of education for the disabled. The case of Elwood v. Halifax County - Bedford District School Board, a landmark case in educational rights of disabled children in Canada, has major implications for educational practice.

One of the earliest and most controversial Charter of Rights challenges to the existing educational structure has come from parents of disabled children. Disabled children and their parents are blazing a trail to define educational rights in Canada, and the process is giving some shape to the the elusive concept of equality enshrined in the …

In What Vision Of The Constitution Must The Law Be Color-Blind, 20 J. Marshall L. Rev. 201 (1986), Laurence H. Tribe

UIC Law Review

No abstract provided.

The 'Legalization' Of The Family: Toward A Policy Of Supportive Neutrality, David L. Chambers

Articles

The word "legalization" has conflicting meanings. One, intended to sound the theme of this conference, conveys the notion of government regulation permeating some area of human activity. The other-as found, for example, in the phrase "the legalization of marijuana"-is a near opposite: the process of making legal or permissible that which. was previously forbidden, taking government out of that which it had previously controlled. The recent history of government's relationship to the family amply displays both sorts of legalization, both government's intrusion and its withdrawal, and reveals a paradoxical relation between the two-that as government frees people to live their …

Our Endangered Rights: The Aclu Report On Civil Liberties Today, Michigan Law Review

Michigan Law Review

A Review of Our Endangered Rights: The ACLU Report on Civil Liberties Today by Norman Dorsen

Dimensions Of Tolerance: What Americans Believe About Civil Liberties, Michigan Law Review

Michigan Law Review

A Review of Dimensions of Tolerance: What Americans Believe About Civil Liberties by Herbert McClosky and Alida Brill

Self-Reliance And Coalition In An Age Of Reaction, Henry Mcgee

Faculty Articles

In this Foreward, Professor McGee comments on the continued vitality of the Black Law Journal. This vitality shows that the plight of racial minorities will be continually addressed from a variety of intellectual perspectives.

The Sedition Of Free Speech, Lee C. Bollinger

Michigan Law Review

A Review of When Government Speaks: Politics, Law, and Government Expression in America by Mark G. Yudof

Illegitimacy: An Examination Of Bastardy, Michigan Law Review

Michigan Law Review

A Review of Illegitimacy: An Examination of Bastardy by Jenny Teichman

Social Enquiry Reports And Sentencing, Jenny M. Roberts, Colin Roberts

Scholarly Articles in Law Reviews & Journals

No abstract provided.

National Association For The Advancement Of Colored People V. Claiborne Hardware Company, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.

Apartheid In America: A Historical And Legal Analysis Of Contemporary Racial Segregation In The United States, Michigan Law Review

Michigan Law Review

A Review of Apartheid in America: A Historical and Legal Analysis of Contemporary Racial Segregation in the United States by James A. Kushner

Beyond Bakke: The Constitution And Redressing The Social History Of Racism, Robert Allen Sedler

Law Faculty Research Publications

No abstract provided.

Judicial Protection Of Minorities, Terrance Sandalow

Articles

In United States v. Carolene Products Co., Justice Stone suggested by indirection that there "may be narrower scope for operation of the presumption of constitutionality" when courts are called upon to determine the validity "of statutes directed at particular religious . . . or national . . . or racial minorities."' In such cases, he explained, "prejudice against discrete and insular minorities may be a special condition, which tends seriously to curtail the operation of those political processes ordinarily to be relied upon to protect minorities, and which may call for a correspondingly more searching judicial inquiry."' Forty years later, …