Voting Rights Act
Article Abstract:
The US Supreme Court in Presley v Etowah County Commission changed its interpretation of section 5 of the Voting Rights Act of 1965, ruling that preclearance was not required for a transfer of governmental authority. The statute requires preclearance of voting changes in certain districts, a requirement which had previously been interpreted to include the allocation of authority between elective and appointed offices. The court relied on a strict textualist interpretation of the statute, but their ruling was not only inconsistent with previous decisions, but also ignored congressional intent.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1992
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Civil Rights Act of 1964 - Title VII - affirmative action - Third Circuit holds that diversity is not, in itself, a sufficient justification for granting preferences to minorities. - Taxman v. Board of Education
Article Abstract:
The US Court of Appeals for the Third Circuit correctly applied Title VII of the Civil Rights Act of 1964 in Taxman v. Board of Education to strike down an employment decision based on promoting diversity. While the Supreme Court has mentioned promotion of diversity in its Title VII cases, it has still required that affirmative action programs only be employed in workplaces that have historically discriminated or have a manifest imbalance in current racial composition. The school in question had neither, so its efforts to promote diversity constituted discrimination under Title VII.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1996
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Title VI - Third Circuit upholds validity of standardized test scores as a component of freshmen athletic eligibility requirements
Article Abstract:
A decision of the US 3d Circuit Court of Appeals, affirming the right of the NCAA to use standardized SAT test scores to determine the eligibility of freshman athletes to participate in college sports programs, is discussed.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 2001
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- Abstracts: The Supreme Court ruling that curtailed race-based federal affirmative-action programs has left the private sector wondering if its programs may be next
- Abstracts: The status of the new value exception to the absolute priority rule after Norwest Bank Worthington v. Ahlers. The absolute priority rule and new value: before and after Bank of America National Trust and Savings Association v. 100 North LaSalle Street Partnership
- Abstracts: Copyright - compilations - Second Circuit holds that page numbers in judicial case reporters are not protected. - Matthew Bender & Co. v. West Publishing Co., 158 F.3d 693 (2d Cir. 1998)