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1993 / 1994 / 1995 / 1996 / 1997 / 1998
Civil Rights / 1993
93.154 The demise of the "psychological injury" test, 151
93.156 Title VII does not protect an "eggshell psyche", 154
93.159 Sexual orientation discrimination fails the "rational basis test," 161Return to Top Return to Topical Index
Civil Rights / 1994
94.3 A road map for better race relations, 171
94.9 Enrollment-based compensation does not violate Title VII, 178
94.44 Khalid Abdul Muhamed banned in Canada [[Freedom of expression in the United States andCanada compared], 233
94.71 Gender motivated violence act adopted, 278
94.73 Gender discrimination against men in college disciplinary cases [Yusuf v. Vassar College], 280
94.79 Race-based scholarships declared unconstitutional [Excerpt: Podberesky v. Kirwan; the dangersof racial classifications; alternative forms of affirmative action; voter survey results; Henry LouisGates on the need for allies], 289
94.88 Graduation prayers [courts split on whether prayers at graduation violate First Amendment estate-bailsmen clause; 53% of teenagers report religion important in their lives; Harvey Cox onanother "great awakening"; many see school prayer as one of the few sources of valuesavailable to students; danger of "institutionalized" religion], 304 Return to Top Return to Topical Index
Civil Rights / 1995
95.4 Balancing rights and obligations [physician with AIDS may be required to show he does not posea threat of infecting others in the workplace], 319.
95.29 Unexpected opposition to affirmative action in Berkeley [substantial numbers of women andracial minorities support the California ballot initiative to eliminate traditional affirmative actionprograms; Asian-Americans make up 39% of Berkeley's undergraduates, 9% of the state'spopulation. Asian-American enrollment would soar to 55% if test scores and grades were theonly admissions criteria], 363.
95.32 Supreme Court won't review race-based scholarship ban, 366.
95.38 Affirmative action [U.S. Supreme Court decision in Adarand; strict scrutiny required, but notfatal], 372.
95.40 Defending affirmative action [need to design programs with "sustainable public support";Americans support affirmative action, not preferences; family income differences between ethnicwhites are greater than the family income difference between whites and blacks; Nixon sawexplicit racial quotas as a way to pit blacks and labor against each other; Martin Luther King andBayard Rustin suggest non-racial programs for economic justice; William O. Douglas andStephen Carter focus on individual attributes rather than racial characteristics; example of theDouglas/Carter approach in "Bound for College in Virginia" program], 376.
95.51 California Regents eliminate race-based affirmative action [excerpts from Regents' resolution;outline of former affirmative action program; Asian-American Regent and Berkeley graduatingclass president support resolution], 389.
95.54 The "safe" stereotype [social class distinctions; increase in rural poverty; expansion of the whiteunderclass; Martin Luther King on justice for both blacks and whites], 397.
95.55 An inference against discrimination [absence of sex discrimination can be inferred if the sameperson who hired an employee also terminated the employee; value of vesting greater authorityat lower levels of administration], 399.
95.58 Campus security and religious freedom [school knife ban violated Religious FreedomRestoration Act. Solzhenitsyn on legalistic life and the need for voluntary self-restraint], 405.
95.60 Perspectives on the Million Man March [most marchers middle class; searching for respect and amore balanced image; conservative social values; religious perspectives; black nationalism],408.
95.61 A focus on "place, not race" in affirmative action programs [traditional affirmative actionprograms increasingly unpopular with the public; Stanford Professor Claude Steele proposes aracially integrated transition program for new students in order to counter stereotypevulnerability], 411.
95.62 More on the verdict and the march[playing the race card in the Simpson case; Henry Louis Gates Jr. on diverse views in the African-Americancommunity on the Simpson verdicts; threats of violence at the Million Man March; Nation ofIslam and National Alliance Web pages compared; Hitler, Mein Kamph, and the primacy of raceconsciousness; aiming for an American identity], 412.
95.70 Defining a "racially hostile" environment [U.S. Dept. of Education Office of Civil Rights ruled thatthere was insufficient evidence to conclude that the University of Illinois Indian mascot created aracially hostile environment for Native Americans], 429.
95.72 A consensus on religion in the schools [joint statement by national religious and civil libertiesorganizations on issues such as student prayer, teaching about religion, distribution of religiousliterature, and religious harassment; anti-intellectualism of religious right and academic left;William James on the need for moderation in expressing religious views; Ernest Boyer onteaching about religion], 432. Return to Top Return to Topical Index
Civil Rights / 1996
96.2 Homosexual marriage and the "right of intimate association" [employer could not discriminateagainst lesbian couple on the ground of their relationship without showing that the action was"narrowly tailored to serve a compelling governmental interest"; Economist editorial supportinghomosexual marriage], 438.
96.17 The future of affirmative action [Harvard president Neil L. Rudenstine's defense of affirmativeaction; importance of "residential education"; College Handbook on Race Relations and theCommon Pursuit; Homer Haskins on diversity in the early European University; diversity theorymay chill a diversity of ideas; Arthur Levine on reluctance of students to discuss race; theexperience of racism is to be seen as subhuman; Lipsett on American exceptionalism], 468.
96.18 Alternatives to race-based affirmative action [examples of American exceptionalism, includingall-white jury holding police officers liable for death of African-American youth; Asian-Americansand Latinos as small business owners in California; consider caste rather than race; MarioCuomo's ethnic tales; Ralph Ellison on human universals], 471.
96.19 Two cases on religious liberty [Rader v. Gladys Styles Johnson held that granting many "secular"exemptions to an on campus residency requirement--while failing to show comparable leniencywhen "religious" exemptions were sought--violated the First Amendment; Smith v. FairEmployment and Housing Commission held that the federal Religious Freedom Restoration Act,and the right to religious freedom protected by the First Amendment, were not infringed by aCalifornia housing law prohibiting marital status discrimination. Commentary by William Kaplin;Stephen Carter on fundamentalism of the left, 473.
96.29 Individual rights and group rights [excerpts from Justice Ginsburg's majority opinion in the VMIcase; classifications based on gender require "exceedingly persuasive" justification; BettyFriedan on woman's movement as part of a progressive mosaic, in which hatred of women mustnot be countered with a hatred of men; danger of ridicule and stereotyping of military colleges;moving from male bonding to human bonding; Marine Corps boot training compared to militaryacademy hazing; commentary on the denial of certiorari in Hopwood], 502.
96.32 Signs of a better future for race relations [Individual freedom over group ideology; African-Americans challenge slavery in Africa; support for the multiracial category; growing numbers ofstudents refuse to disclose "race"; expanding rates of intermarriage; Richard Rorty on theimportance of class; Robert Kennedy's success at forming racial coalitions; celebrating"difference" fails to forge political alliances], 512.
96.36 Equal Protection and harassment of gay students [in Nabozny v. Podlesny the U.S. Court ofAppeals for the Seventh Circuit held that a school district and school officials could be held liablefor violating a student's Fourteenth Amendment right to equal protection by failing to protect himfrom peers who harassed him because he was openly gay; ending the "boys will be boys"stereotype; the role of fathers in promoting self-restraint and empathy], 524.
96.46 California votes against "preferences" [the "pro" vote for Proposition 209 included 63% of whites,39% of Asians, 26% of blacks, and 24% of Latinos; University of Maryland at College Parkexample suggests that new, non-race based affirmative action programs may maintain diversity;diversity theory challenged by newspaper theft and other forms of intolerance; William JuliusWilson on designing programs that benefit a larger proportion of the population], 547.Return to Top Return to Topical Index
Civil Rights / 1997
97.23 Gay rights and American exceptionalism [American "conservatism" has a revolutionary quality toit: Twelve states now give homosexuals legal protection against discrimination. Gay LesbianBisexual Alliance v. Pryor: The First Amendment does not "permit a State to forbid or proscribeadvocacy of the use of force or of law violation except where such advocacy is directed toinciting or producing imminent lawless action and is likely to incite or produce such action"], 615.
97.27 Psychiatric disabilities in the workplace, part I [excerpts from the EEOC "Enforcement Guidance"],623.
97.28 Psychiatric disabilities in the workplace, part II [primary aim of the ADA is to challengestereotypes; people with disabilities are not exempt from reasonable conduct standards; views ofpsychiatrist Kay Redfield Jamison on manic depression and creativity, 626].
97.50 The next affirmative action case, part I [selections from the Complaint in Gratz and PatrickHamacher v. Bollinger, et. al.], 676.
97.51 The next affirmative action case, part II [demonization of critics undermines beneficial reforms;special attention must be paid to enhancing academic skills and performance of undergraduates;greater reliance upon expanding the pool of better trained black and Hispanic students willresult--for a time--in smaller enrollments at the highest ranked professional schools; enhancingthe academic performance of undergraduate and graduate students should include closercollaboration with elementary and secondary schools; the nature of "diversity" needs to bedefined, and its value established; The practice of trying to attract a ready-made academic "elite"may have to change; "individualized admissions"--including more attention to grades, and asharper focus on qualities of character--may be preferable to a heavy reliance on tests], 678. Return to Top Return to Topical Index
Civil Rights / 1998
98.31 Limiting proceduralism in informal settings [in Pennsylvania Board of Probation and Parole v.Scott the Supreme Court held that the "exclusionary rule" does not apply to parole revocationhearings; procedural formalism can hurt respondents; lower courts differ on application of theexclusionary rule on campus], 753.
98.34 Freedom of expression and mandatory activity fees [7th Circuit decision in Southworth, et. al. v.Michael Grebe, et. al., holding that objecting students at the University of Wisconsin could not beforced "to fund private organizations which engage in political and ideological activities"], 758.
98.40 Fraternities and the "right of association" ["sense of Congress" statement on Protectionof Student Speech and Association rights; review of court opinions defining scope of the"right of intimate association"], 776. Return to Top Return to Topical Index