Legal Remedies Commons^™

The Economics Of Discrimination: The Three Fallacies Of Croson, Martin J. Katz

Sturm College of Law: Faculty Scholarship

In Part I, this Note examines the effects of discrimination in the marketplace to suggest a connection between current racial disparities" and past "no-fault" discrimination. Part II demonstrates why race-neutral policies are likely to prove ineffective for reducing these disparities. Finally, Part III argues that competitive, race-conscious affirmative action is unlikely to create a "moral hazard" and that the burden placed on nonminorities by such a program is justifiable.

Book Review, Richard B. Collins

Publications

No abstract provided.

Retroactive Reimbursement: The Standard Of Review For A Parent’S Unilateral Placement Under The Education For All Handicapped Children Act, Julie Price Passman

Cardozo Law Review

No abstract provided.

The History And Culture Of Affirmative Action, Anthony J. Scanlon

BYU Law Review

No abstract provided.

Preemption Of Section 1983 By Title Vii: An Unwarranted Deprivation Of Remedies, Nancy Levit

Faculty Works

No abstract provided.

Hedonic Damages In Section 1983 Actions: A Remedy For The Unconstitutional Deprivation Of Life

Washington and Lee Law Review

No abstract provided.

Proof Of Injury And Damages In Non-Standardized Product Price-Fixing Class Actions, Nancy R. Heller

Cardozo Law Review

No abstract provided.

Government Liability For Unconstitutional Land Use Regulation, Stewart E. Sterk

Articles

The article examines whether the Constitution requires a damage remedy for unconstitutional land use ordinances and analyzes the policy implications of such a remedy. It argues that while awarding damages can compensate victims and influence behavior, the threat of liability may discourage useful government action. The author concludes that municipal damage liability for unconstitutional land use ordinances is generally unwise, except when the ordinance results from bad faith or deliberate obstruction of constitutional rights.

Substantive Due Process And The Scope Of Constitutional Torts, Michael L. Wells, Thomas A. Eaton

Scholarly Works

The thesis of this Article is that both the Supreme Court and its critics have failed to identify and confront the central issue presented by these due process constitutional tort cases. That issue is neither procedural fairness nor the choice between state and federal courts. It is deciding whether a government-inflicted injury to life, liberty, or property violates the substantive protections of the due process clauses and thereby warrants a constitutionally derived tort remedy. In Part II of this Article we examine the Supreme Court's decisions in this area, focusing primarily on Parratt v. Taylor. We demonstrate that neither Parratt …

The Deduction Of Unemployment Compensation From Back-Pay Awards Under Title Vii, Eric A. Martin

University of Michigan Journal of Law Reform

This Note argues that federal courts should not deduct unemployment insurance benefits from Title VII back-pay awards. Part I reviews the legislative history and purposes behind the remedial provisions of Title VII. Part I also presents the arguments that courts have advanced regarding the deduction of unemployment benefits from Title VII back-pay awards. Part II assesses these arguments in light of analogous common law doctrine and the legislative objectives of Title VII, and advances arguments not yet considered by the courts. Finally, Part II concludes that federal courts should resolve this division of authority by not deducting unemployment benefits from …

Attorney's Fees Under The Civil Rights Act - A Time For Change, 16 J. Marshall L. Rev. 261 (1983), Robert W. Fioretti, James J. Convery

UIC Law Review

No abstract provided.

Civil Rights - Title Vi - The Exhaustion Of Administrative Remedies Is Not A Prerequisite To A Private Right Of Action Under Title Vi, Carolyn J. Warter

Villanova Law Review (1956 - )

No abstract provided.

Perpetuation Of Past Discrimination, Eric Schnapper

Articles

Part I of this Article offers several justifications for providing remedies for present harms that are caused by past acts of discrimination. Part II describes the different ways in which past discrimination can cause a present injury, and suggests for each way the appropriate legal standard for deciding when there is a present constitutional violation. Part III discusses the problems likely to arise in administering the suggested standards, and concludes that these problems are not inherently different from those involved in ordinary discrimination cases.

42 U.S.C. § 1983 - Exhaustion Of State Administrative Remedies, Joseph H. Chivers

Duquesne Law Review

The United States Court of Appeals for the Fifth Circuit has held that state administrative remedies, where adequate and appropriate, must be exhausted before proceeding with a section 1983 action in a federal court.

Patsy v. Florida International University, 612 F.2d 946 (5th Cir. 1980), vacated on rehearing, 634 F.2d 900 (5th Cir. 1981), cert. granted, 50 U.S.L.W. 3213 (U.S. Oct. 5, 1981) (No. 80-1874).

Evaluation Of An Employment Discrimination Case: The Plaintiff's Perspective, 15 J. Marshall L. Rev. 621 (1982), Lynn D. Feiger, Leslie M. Lawson

UIC Law Review

No abstract provided.

Wartime Internment Of Japanese-Americans: An Examination Of Wartime Reparations Proposals, Cindy K. Smith

Seattle University Law Review

This comment analyzes the proposed Japanese internment remedies in light of the injury done by the interment. First, a discussion of the history surrounding the internment establishes the existence of an injury and the extent of the injury suffered by the Japanese-Americans. Second, the previous remedy is examined. Third, this comment establishes that Congress has the power to satisfy judicially noncognizable claims and that Japanese-American claims justify Congressional action. Fourth, the goals a remedial plan must seek to achieve are examined. Finally, the individual remedial plans are analyzed in light of those goals, ultimately concluding a plan involving both direct …

Remedies For Private Intelligence Abuses: Legal And Ideological Barriers, Julie Shapiro, David Kairys

Faculty Articles

Surveillance and intelligence activities by private companies and individuals are not new to the United States; the nuclear power industry's resort to such activities poses new civil liberties and social problems. The extreme danger embodied in nuclear facilities and materials and the fear of "nuclear terrorism" provide the most plausible justification in our history for the wholesale destruction of civil liberties. Ostensibly responding to these dangers, corporate and government agencies have conducted surveillance of and gathered intelligence about opponents of nuclear power. As in the past, the targets of these activities are not terrorists but citizens who nonviolently oppose corporate …

The Inequitable Burden Of School Desegregation Remedies: The Effects Of Shift In Supreme Court Decisions On The Buffalo School Desegregation Case, Denise E. O'Donnell

Buffalo Law Review

No abstract provided.

Remedies And Damages For Violation Of Constitutional Rights, Frank M. Mcclellan, Phoebe Haddon Northcross

Duquesne Law Review

No abstract provided.

Judicial Immunity And Sovereignty, Robert F. Nagel

Publications

No abstract provided.

Developing "Tort" Standards For The Award Of Mental Distress Damages In Statutory Discrimination Actions, Harold J. Rennett

University of Michigan Journal of Law Reform

The relation between tort remedies and discrimination has been examined extensively, yet there has been little consideration of this relationship with respect to appropriate evidentiary standards for the award of mental distress damages in discrimination cases. This article will consider such standards. After briefly tracing the history of mental distress award standards in discrimination cases, this article will critically examine present compensatory approaches in such cases and suggest an alternative philosophy more consonant with tort compensation principles.

Implication Of Civil Remedies Under The Indian Civil Rights Act, Michigan Law Review

Michigan Law Review

This Note will discuss neither -the wisdom of the express provisions of ICRA nor the desirability of express creation by Congress of a federal civil remedy. The purpose of this Note is, instead, to analyze the bases upon which remedies have been implied by federal courts and to question whether implication is consistent with standards of statutory interpretation appropriate for Indian law. It is contended that the implication of federal civil remedies against Indian governments is improper and that if such remedies are to be created, precedent and policy mandate that they be the product of Congress. The Note will …

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.

Albemarle Paper Co. V. Moody, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

A Viable Substitute For The Exclusionary Rule: A Civil Rights Appeals Board, John L. Roche

Washington and Lee Law Review

No abstract provided.

School Desegregation And Affirmative Equitable Relief: Swann And Beyond

Washington and Lee Law Review

No abstract provided.

Federal Removal And Injunction To Protect Political Expression And Racial Equality: A Proposed Change, Christopher B. Mueller

Publications

No abstract provided.

Damages For Mental Suffering In Discrimination Cases, John E. Duda

Cleveland State Law Review

This article explores the legal basis for an award of damages for mental suffering caused by unlawful racial discrimination. It necessarily includes religious and nationality discrimination,since these three areas are intertwined in the law. For the most part, the legal principles are applicable alike to all three forms of discrimination. Mental suffering is treated as an element of compensatory damages on the theory that the purpose of such an award is to compensate the claimant for his loss and not necessarily to penalize the discriminator. Punishment enters the analysis only to the extent that the prevailing legal rules governing damage …

State Board Against Discrimination: Order To Hire As An Authorized Remedy, Anon

Washington Law Review

The Washington State Board Against Discrimination processed a complaint filed by Mrs. Geraldine Arnett charging defendant hospital with refusing to accept her application for employment as tray girl because of her Negro race. Investigation by the board substantiated Mrs. Arnett's charge of racial discrimination, but informal negotiation between the board and defendant failed to yield a satisfactory solution. The board then held a formal hearing, found defendant in violation of the Law Against Discrimination, and ordered it to accept Mrs. Arnett's application and offer her employment in the first vacant position for tray girl, providing she met the standard qualification …

Constitutional Law—Damages Judgment For Breach Of Racial Restrictive Covenant As Violation Of Fourteenth Amendment. [Weiss V. Leaon, Mo. 1949]

Washington and Lee Law Review

No abstract provided.