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Legal Remedies Commons

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Legislation

University of Michigan Law School

Journal

Discrimination

Articles 1 - 2 of 2

Full-Text Articles in Legal Remedies

Engineering The Endgame, Ellen D. Katz Jan 2010

Engineering The Endgame, Ellen D. Katz

Michigan Law Review

This Article explores what happens to longstanding remedies for past racial discrimination as conditions change. It shows that Congress and the Supreme Court have responded quite differently to changed conditions when they evaluate such remedies. Congress has generally opted to stay the course, while the Court has been more inclined to view change as cause to terminate a remedy. The Article argues that these very different responses share a defining flaw, namely, they treat existing remedies as fixed until they are terminated. As a result, remedies are either scrapped prematurely or left stagnant despite dramatically changed conditions. The Article seeks …


Seeking Redress For Gender-Based Bias Crimes- Charting New Ground In Familiar Legal Territory, Julie Goldscheid, Risa E. Kaufman Jan 2001

Seeking Redress For Gender-Based Bias Crimes- Charting New Ground In Familiar Legal Territory, Julie Goldscheid, Risa E. Kaufman

Michigan Journal of Race and Law

This Essay will analyze how courts have defined gender-motivation, focusing on the Civil Rights Remedy cases decided before the law was struck down, in an attempt to cull from those cases the standards federal courts have used to assess gender-motivation. The article will first provide an overview of existing and proposed laws that offer some form of redress for gender-motivated crimes. It will then analyze cases decided under the Civil Rights Remedy, focusing on two key issues that have arisen as policymakers struggle with whether and how gender-based bias crimes fit in the rubric of hate crimes legislation. The first …