New civil rights act; law reverses several recent high court decisions
Article Abstract:
The Civil Rights Act of 1991, signed by President Bush on Nov 21, will reverse recent Supreme Court decisions on discrimination suits. In overturning Wards Cove Packing Co. v. Atonio, the law shifts burden of proof to employers in cases alleging discrimination against women and minorities. The law also allows punitive and compensatory damages in sex, religion and disability discrimination cases. The ABA agrees with the expansion of employee rights in the law, but questions differing remedies allowed to different groups of discrimination victims.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1992
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Seeking deliverance; coalition in Congress moves to reverse Supreme Court on religious freedom
Article Abstract:
The Religious Freedom Restoration Act is pending in Congress, and the bipartisan group supporting the law hopes it would restore the 'compelling interest' standard used to evaluate freedom of religion cases which the Supreme Court struck down in 1990 in Employment Division, Oregon Department of Human Resources v Smith. Smith struck down this standard by stipulating that an infringement of religious liberty is still constitutional if it is the incidental effect of an otherwise legal provision.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1992
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Endangered species: independent counsel law appears doomed to expire Dec. 15
Article Abstract:
The law authorizing appointment of independent counsel to investigate high-level federal officials has not been extended by Congress and will expire Dec 15, 1992. Reauthorization was strongly advocated by the ABA at congressional hearings. However, the Justice Department opposed the law, maintaining that they should handle such investigations.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1992
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- Abstracts: Criminal law - representing aliens. Criminal law; future prosecutions
- Abstracts: Qualified immunity as a defense to Federal Wiretap Act claims. The justiciability of municipal preemption challenges to state law
- Abstracts: A parent's moving checklist; sell and buy house, calll mover, seek court's permission. Cajun stew brewing; a political corruption trial is old hat in Louisiana, but the silence ordered by a federal court is new
- Abstracts: European Convention on Human Rights - refugees - international zones at airports - deprivation of liberty. National postal monopolies - international credit card billing - remailing restraints under Universal Postal Convention and European competition law: Deutsche Post AG v. Gesellschaft fur Zahlungssysteme mbH (GZS) and Citicorp Kartenservice GmbH
- Abstracts: Affirmative inaction; some minority law firms report a decline in business. Wieboldt's LBO suit settled; trustee finds success in fraudulent conveyance where others don't