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Hughes, James A. – Harvard Civil Rights - Civil Liberties Law Review, 1979
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.…
Descriptors: Civil Liberties, Constitutional Law, Due Process, Equal Protection
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Wright, J. Skelly – Harvard Civil Rights - Civil Liberties Law Review, 1980
Asserts that (1) the judicial branch of the federal government should involve itself less in the lives of the citizenry except in the area of equal rights for disadvantaged minorities; and (2) to accurately judge effects of alleged discrimination, one must know who is the victim and to what class he belongs. (Author/GC)
Descriptors: Civil Rights, Court Role, Disadvantaged, Equal Protection
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Benjes, John; And Others – Harvard Civil Rights - Civil Liberties Law Review, 1980
Written primarily for litigators, shows how minimum competency tests that are used to deny high school diplomas to disproportionate numbers of minority students can be successfully challenged under Title VI of the Civil Rights Act of 1964. (Author/MK)
Descriptors: Court Litigation, Educational Discrimination, Equal Protection, Graduation Requirements
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Frye, Jocelyn C.; And Others – Harvard Civil Rights - Civil Liberties Law Review, 1987
With some Congressional resistance, the Commission on Civil Rights began in 1957 and vigorously promoted civil rights until 1983. Today it lacks credibility due to questionable reorganization practices, a narrow definition of civil rights, and a change from the role of watchdog to one of preserver of the status quo. (VM)
Descriptors: Blacks, Civil Rights, Equal Protection, Federal Government
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Gertner, Nancy – Harvard Civil Rights - Civil Liberties Law Review, 1979
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.…
Descriptors: Affirmative Action, Civil Rights, Constitutional Law, Court Litigation
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Miller, Bruce K. – Harvard Civil Rights - Civil Liberties Law Review, 1985
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)
Descriptors: Civil Rights Legislation, Constitutional Law, Court Litigation, Court Role
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Sedler, Robert A. – Harvard Civil Rights - Civil Liberties Law Review, 1979
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)
Descriptors: Admission Criteria, Affirmative Action, Blacks, Constitutional Law
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Grubb, Erica Black – Harvard Civil Rights - Civil Liberties Law Review, 1974
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…
Descriptors: Bilingual Education, Bilingual Schools, Bilingual Students, Civil Rights Legislation
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Jones, Emma Coleman – Harvard Civil Rights - Civil Liberties Law Review, 1979
Intervention, a procedure by which an outsider with some personal stake in the outcome of a lawsuit may become a party to it, was sought and denied in the Bakke case. This article reviews federal rules and analyzes criteria for statutory and nonstatutory intervention, and discusses the requirement of "timeliness." (GC)
Descriptors: Affirmative Action, Civil Rights, Constitutional Law, Court Litigation
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Karst, Kenneth L.; Horowitz, Harold W. – Harvard Civil Rights - Civil Liberties Law Review, 1979
Constitutional issues addressed in the Supreme Court's decision are reviewed. The opinions rendered by Justice Powell are viewed as reflections of the weakness of recent equal protection theory, and as signs of future doctrine. (GC)
Descriptors: Admission Criteria, Affirmative Action, Civil Rights, College Admission