Reviews the history and current state of the law under Section 1981 of the Civil Rights Act of 1866. Suggests how it may be interpreted to maintain its vitality as a guarantee of racial equality. Considers actionable discrimination claims, protected interests, prima facie evidence, constitutional defenses, immunities, and procedural issues.…

In requiring proof of discriminatory intent to establish claims of unconstitutional discrimination, the Supreme Court has failed to distinguish between goal discrimination and means discrimination. Both forms of discriminatory intent involve different circumstances and must be proved somewhat differently. Recognizing the distinction allows more…

Argues that the Court has, at times, confused equal protection and due process methods of review, primarily by employing interest balancing in certain equal protection cases that should have been subjected to due process analysis. Available from Harvard Civil Rights-Civil Liberties Law Review, Harvard Law School, Cambridge, MA 02138; sc $4.00.…

The dispute over private remedies under Title IX is part of a more general debate over the extent to which rights of action should be implied from federal statutes, but it has a special urgency because of the fundamental nature of the right involved and the fact that sex equality in education is long overdue. (Author)

This comment examines the roles of cultural pluralism and assimilation as guiding values in American law. In particular, it investigates the ways in which the legal system both implicitly and explicitly recognizes the value of cultural pluralism. (Author/AM)

Discusses ways in which the Brown decision challenged the liberal concept of judicial restraint and the idea that law simply reflects social forces. Considers the constitutional role of the Supreme Court, particularly in addressing social and economic inequalities among races and classes rather than among individuals. (GC)

Examines several dilemmas of liberal jurisprudence stemming from "Brown," and concludes that they stem, ultimately, from our uncertain commitment to equality. Available from William S. Hein & Co., Inc., 1285 Main St., Buffalo, NY 14209. (IRT)

Justice Powell's conceptualization of sex discrimination in the Bakke case is analyzed. Implications of this analysis for affirmative action for women are considered, and the court's approach to affirmative action for minorities is rejected as applying to women's rights. An alternative approach to affirmative action for women is outlined.…

Recent judicial treatment of tax expenditures in both state action and establishment clause cases is analyzed and it is argued that tax expenditures and direct expenditures should be treated as constitutional equivalents. (LBH)

The Mathews decision cuts across several basic principles: the right of persons injured by unconstitutional government conduct to an adequate remedy; the power of Federal courts to adjudicate constitutional claims; and the right of litigants to petition for redress of their grievances. (Author/RDN)

Addresses the school's imposition of values and examines ways in which First Amendment rights are threatened by the structure and ideology of American schooling. Discusses racism as a constitutional and practical problem and describes how poor, working class, and minority families are victimized by their lack of power over schooling decisions.…

The relationship between the history of racism and the denial of equal participation for Blacks today is discussed. The implications of the Bakke decision for the constitutionality of race-conscious admissions criteria are examined. It is shown that the government is constitutionally both permitted and required to take affirmative action. (MC)

Race-conscious employment programs are considered in two contexts: governmental measures designed to remedy governmentally identified past discrimination or underrepresentation of minority employees; and voluntary implementation of remedial, race-conscious measures by private employers. (Author/MC)

Argues that, as a matter of constitutional law, public school boards of education do not possess unrestricted authority to exclude material from the curriculum on the basis of ideological content, and explores the rights of students and parents to challenge such exclusions. Available from Harvard Civil Rights-Civil Liberties Law Review, Harvard…

This article advances the view that constitutional doctrine now requires schools to provide instruction in the native tongue of non-English-speaking children until they have learned English. It will be argued that equality of educational opportunity, and hence equal protection, does not exist when the instruction provided by the state is…