The Departments of Education and Justice are responsible for enforcing certain federal civil rights laws that prohibit discrimination in K-12 schools based on characteristics such as race, sex, and disability, including regarding police interactions with students. The House committee report for the Departments of Labor, Health and Human Services,…

Research shows that students who experience discipline that removes them from the classroom are more likely to repeat a grade, drop out of school, and become involved in the juvenile justice system. This can result in decreased earning potential and added costs to society (lost tax revenue and incarceration). The Government Accountability Office…

The United States Department of Education (ED) and the United States Department of Justice issued this guidance to explain how, consistent with existing law, postsecondary institutions can voluntarily consider race to further the compelling interest of achieving diversity. It replaces the August 28, 2008 letter issued by ED's Office for Civil…

Although the overall number of youth involved in the juvenile justice system has been decreasing, there are still more than 60,000 young people in juvenile justice residential facilities in the United States on any given day. With the support of grants administered by the U.S. Department of Education (ED) and the U.S. Department of Justice (DOJ),…

This paper discusses legal implications for employment as a result of Bakke v. Regents of University of California, a reverse discrimination case that ruled in favor of the plaintiff. It refers to Weber v. Kaiser Aluminum and Chemical Corporation, a case that may turn out to be more significant than Bakke because it involves jobs, money, and who…

Supreme Court requirements that "specific intent" to discriminate must be shown should not apply to school segregation cases. The injury in school segregation cases is based on racial isolation itself and hurts only Blacks, unlike job discrimination cases like Washington v. Davis where Blacks are disproportionately, but not solely,…

Analyzes Article 5 of the International Convention on the Elimination of All Forms of Racial Discrimination and examines whether state parties have fulfilled their undertakings under Article 5. Journal availability: see EA 512 081. (Author/IRT)

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.…

Examines the Supreme Court's action in a racial discrimination case "Patterson v. McLean Credit Union"; the reexamining of "Runyon v. McCrary"; and the current interpretation by the Court of a major Reconstruction-era civil rights law. Perceives a distinct shift in the Court toward conservative interpretations of civil rights…

Presents the recent Supreme Court Opinion No. 81-202, "National Association for the Advancement of Colored People, et al., v. Claiborne Hardware Company et al.," on a case which arose from a boycott of various Port Gibson, Mississippi, businesses. Appended is a 1969 speech about the boycott by Charles Evers. (GC)

Compares the origin and development of the two evidentiary theories, discriminatory purpose and disproportionate impact, discusses lower court responses to "Washington vs Davis" in cases brought under the Civil Rights Acts of 1866 and 1870, and compares the conflicting notions of equality that underlie the two evidentiary theories.…

A careful analysis of judicial precedence and legislative history supports a view that private litigants in educational discrimination cases may seek judicial redress of institutional wrong provided that the action seeks to protect the rights of large numbers of similarly aggrieved parties and that available administrative remedies have been…

Chapter 16 of a book on school law provides a legal overview of employment discrimination on the basis of race. A litany of cases has been adjudicated or are currently in litigation. Selected cases are reviewed briefly and arguments for and against the affirmative action guidelines are presented. The main area of complaint about the guidelines is…

The first part of the document, "The Three R's: Race, Roll Calls & Real Estate: How the Ohio Legislature Enacted Fair Housing/Desegregation Reforms in 1979," by Peggy Siegel, discusses the efforts of the Ohio General Assembly to study alternatives to busing, and the State's role in reducing racial imbalance in the public schools. The relationship…

Sets forth in simple terms some of the requirements of the Equal Employment Opportunities Act of 1972. Available from the New York State Bar Association, One Elk Street, Albany, N.Y. 12207; sc $2.00. (Author/IRT)