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Campaign Against Racial Discrimination

Group set up in 1965 to campaign against racism in Britain. Britain had entered testing phase in the immediate post‐Second World War period: the black population had increased enormously, ...

Legal Defense Fund

Legal Defense Fund   Reference library

Mark V. Tushnet

The Oxford Companion to the Supreme Court of the United States (2 ed.)

Reference type:
Subject Reference
Current Version:
2005
Subject:
Law
Length:
739 words

...during the sit‐in demonstrations . After enactment of the Civil Rights Act of 1964 , the LDF developed a substantial litigation campaign to eliminate racial discrimination in employment . Motivated by concern that the death penalty was administered in ways that amounted to discrimination against African‐Americans, the Legal Defense Fund also challenged capital punishment . Although the death penalty campaign achieved a temporary victory in Furman v. Georgia ( 1972 ) and a more permanent one with respect to the imposition of the death penalty...

stereotyping

stereotyping   Reference library

The New Oxford Companion to Law

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law
Length:
983 words

...For example, in its statutory guidance on the Race Relations Act 1976 , the Commission for Racial Equality (‘ CRE ’, now incorporated into the Commission for Equality and Human Rights (‘ CEHR ’) recommended that employers ‘make sure all staff understand that it is against the law to discriminate on racial grounds… and that stereotypes and generalizations about racial groups can affect the way they treat people from these groups’ (Code of Practice on Racial Equality in Employment, November 2005 at 5.16(c). The CRE also conducted an inquiry into the...

Discrimination

Discrimination   Reference library

The Oxford Companion to American Law

Reference type:
Subject Reference
Current Version:
2004
Subject:
Law
Length:
2,314 words

...women were not breadwinners for their families. Whereas race discrimination was subjected to “strict scrutiny” under the Fourteenth Amendment, and therefore practices that discriminated on the basis of race were nearly always unconstitutional, sex discrimination was subjected to “intermediate scrutiny.” Simply having a “rational” reason for treating women differently was no longer enough. In 1972 , Congress extended protection against sex discrimination in Title IX, which prohibits sex discrimination in educational institutions that received federal funds....

Equality and Human Rights Commission

Equality and Human Rights Commission   Reference library

The New Oxford Companion to Law

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law
Length:
1,115 words

...commissions, the Commission for Racial Equality (‘ CRE ’), the Equal Opportunities Commission (‘ EOC ’, which had responsibility for gender equality) and the Disability Rights Commission (‘ DRC ’). The CRE and the EOC had been established in the late 1970s for the purpose of promoting and enforcing compliance with the new race and sex discrimination legislation. The DRC was established later, in 1999 . All three commissions have played a prominent role in promoting equality of opportunity, through media campaigns, the provision of advice and...

Race and Racism

Race and Racism   Reference library

Earl M. Maltz; and Charles L. Zelden

The Oxford Companion to the Supreme Court of the United States (2 ed.)

Reference type:
Subject Reference
Current Version:
2005
Subject:
Law
Length:
8,383 words

...Impact. The Warren Court had generally been preoccupied with problems of deliberate discrimination against minority races. In the post‐Warren era, by contrast, race‐neutral actions with discriminatory impact came under increasing attack. Some argued such actions should be closely scrutinized in order to ensure that members of minority racial groups were not arbitrarily denied access to opportunities. Others contended that only deliberate racial discrimination should be proscribed. The issue had both statutory and constitutional dimensions ( see ...

bills of rights, international and supranational

bills of rights, international and supranational   Reference library

The New Oxford Companion to Law

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law
Length:
999 words

...which can together be called an international bill of rights. The ICCPR includes individual rights such as the rights to life, freedom from torture and slavery, freedom of expression, belief and association, and freedom from discrimination. It also requires states to legislate against propaganda for war and advocacy of much national, racial, or religious hatred. Many rights may be restricted on certain limited grounds, but subject to those the rights are to be given effect at once and in full. The ICESCR covers a range of social and economic rights but requires...

Roberts, John Glover, Jr.

Roberts, John Glover, Jr. (27 Jan. 1955)   Reference library

James W. Ely

The Oxford Companion to the Supreme Court of the United States (2 ed.)

Reference type:
Subject Reference
Current Version:
2005
Subject:
Law
Length:
1,320 words

...For example, Roberts has opposed the use of race in the assignment of pupils to public schools, even for the purpose of maintaining racial integration. Writing for the majority in Parents Involved in Community Schools v. Seattle District No. 1 ( 2007 ), he applied the strict scrutiny standard of review and ruled that voluntary plans which took race into account were invalid. Roberts concluded: “The way to stop discrimination on the basis of race is to stop discriminating on the basis of race.” (p. 2768 ). Roberts has consistently taken the position that...

Civil Rights and Civil Liberties

Civil Rights and Civil Liberties   Reference library

The Oxford Companion to American Law

Reference type:
Subject Reference
Current Version:
2004
Subject:
Law
Length:
3,367 words

...racial discrimination by law did not reach the vestiges of that discrimination, which were embedded in the society. To combat this discrimination, affirmative action measures were instituted not only by federal and state governments but also by private corporations. Such action provided real difficulty for the Supreme Court, charged with interpreting a Constitution that respected individual, not group, rights. Affirmative action was based less on actual discrimination suffered by an individual than it was on pervasive societal discrimination affecting...

Speech and the Press, Freedom Of

Speech and the Press, Freedom Of   Reference library

The Oxford Companion to American Law

Reference type:
Subject Reference
Current Version:
2004
Subject:
Law
Length:
3,688 words

...the free-speech problem was one of weighing the injury to public morality against the public interest in making available materials with redeeming social or artistic value. In the 1970s and 1980s, however, feminist theorists devised a critique of “pornography” and a theory of its regulation by the state that distinguished it from traditional conceptions of “[scenity.” Under this theory, pornography is not merely an insult to community standards of morality but is also sex discrimination, a violation of the civil rights of women, who are portrayed in...

Regulation

Regulation   Reference library

The Oxford Companion to American Law

Reference type:
Subject Reference
Current Version:
2004
Subject:
Law
Length:
5,497 words

...expanded federal regulation in two ways. First, Title VII of the Act prohibited racial discrimination in the workplace and created the Equal Employment Opportunity Commission (EEOC) to monitor employers’ compliance. As originally drafted, Title VII was limited to intentional discrimination against racial minorities ( see race and ethnicity ). It did not take long, though, for its scope to expand. The House immediately added a provision outlawing gender discrimination by employers. Within five years a complex combination of judicial rulings and...

O'Connor, Sandra Day

O'Connor, Sandra Day (26 Mar. 1930)   Reference library

George T. Anagnost

The Oxford Companion to the Supreme Court of the United States (2 ed.)

Reference type:
Subject Reference
Current Version:
2005
Subject:
Law
Length:
2,159 words

...1993 ), O'Connor still recognized a distinction in voting‐rights cases where the claim involved racial gerrymandering. Writing for a five‐justice majority, she opined that legislative‐apportionment schemes designed to protect voting rights against race‐based abuse might be valid if they satisfied strict scrutiny and narrowly drawn standards, but still cautioned against oddly shaped districts and the greater social harm that might arise from the very process of racial classifications. In an Establishment Clause case, Lynch v. Donnelly ( 1984 ), decided...

Hughes, Charles Evans

Hughes, Charles Evans (11 Apr. 1862)   Reference library

Mari J. Matsuda

The Oxford Companion to the Supreme Court of the United States (2 ed.)

Reference type:
Subject Reference
Current Version:
2005
Subject:
Law
Length:
1,369 words

...v. Lowry ( 1937 ). Hughes also supported the rights of the accused in the infamous Scottsboro Boys cases, in which African‐American youths were sentenced to death on dubious rape charges ( see Powell v. Alabama , 1932 ). Hughes looked realistically at the facts when racial discrimination was probable. A true believer in the sanctity of the legal process, he was outraged by the flagrantly racist practices common in the criminal justice system of his time. In cases such as Brown v. Mississippi ( 1936 ), in which authorities had obtained confessions by...

Warren, Earl

Warren, Earl (19 March 1891)   Reference library

The Oxford Companion to American Law

Reference type:
Subject Reference
Current Version:
2004
Subject:
Law
Length:
2,590 words

...down Connecticut’s ban on the use of birth control devices or pills, even by married women, and creating a right to privacy ; In re Gaul ( 1967 ), guaranteeing basic due process rights to minors tried in juvenile courts; Jones v. Mayer ( 1968 ), prohibiting racial discrimination in the sale of housing on the basis of the 1866 Civil Rights Act; and Tinker v. Des Moines School District ( 1969 ), upholding freedom of expression rights for children in public schools. Warren did not write the opinion in Baker v. Carr , ( 1962 ) the first...

Black, Hugo Lafayette

Black, Hugo Lafayette (27 Feb. 1886)   Reference library

Tinsley E. Yarbrough

The Oxford Companion to the Supreme Court of the United States (2 ed.)

Reference type:
Subject Reference
Current Version:
2005
Subject:
Law
Length:
2,112 words

...historical racial context. He refused, for example, to give the poll tax or other varieties of discrimination based on wealth or birth status the strict review to which he and the other members of the Warren Court subjected discrimination based on race, color, or national origin ( see Poll Taxes ). During much of his career, Black's positivist jurisprudence carried him in “liberal‐activist” directions, but for Black the Constitution had a “ceiling” as well as a “floor.” The Fourth Amendment , for example, guaranteed protection only against “unreasonable”...

Political Process

Political Process   Reference library

William Lasser

The Oxford Companion to the Supreme Court of the United States (2 ed.)

Reference type:
Subject Reference
Current Version:
2005
Subject:
Law
Length:
6,655 words

...times enforce the Fourteenth Amendment's protections against racial discrimination, it did so with little enthusiasm. Such decisions, moreover, were far overshadowed by the Court's 1896 decision in Plessy v. Ferguson , which upheld racial segregation under the law. Finally, the Court's ability to supervise state activities, even had it been willing to do so, was hampered by a variety of technical constraints. The Eleventh Amendment limited the power of the federal courts to entertain suits against the states by individuals; other restrictions, imposed...

History of the Court

History of the Court   Reference library

William M. Wiecek, Michael Les Benedict, Melvin I. Urofsky, and Stephen L. Wasby

The Oxford Companion to the Supreme Court of the United States (2 ed.)

Reference type:
Subject Reference
Current Version:
2005
Subject:
Law
Length:
28,309 words

...could act only against state action that deprived rights. The Court's language has been taken to mean that only positive state actions are subject to the amendment. The Thirteenth Amendment , which was not framed in terms of state action, did authorize Congress to protect basic rights of freedom against violation from any source. But only the most fundamental of rights came under that protection. Despite its apparent state‐action language, the Fifteenth Amendment did invest people with a positive right to vote without racial discrimination, and Congress...

Brennan, William Joseph, Jr.

Brennan, William Joseph, Jr. (25 Apr. 1906)   Reference library

Charles G. Curtis and Shirley S. Abrahamson

The Oxford Companion to the Supreme Court of the United States (2 ed.)

Reference type:
Subject Reference
Current Version:
2005
Subject:
Law
Length:
2,210 words

...to counteract the societal effects of past racial and ethnic discrimination. Nevertheless, Brennan frequently was in caustic dissent, particularly in cases involving those suspected or convicted of crime. His isolation from the Court became most pronounced on the death penalty, which Brennan (along with Justice Thurgood Marshall ) believed in all instances to be cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments ( see Capital Punishment ). His dissents railed against what he viewed to be the brutality of the death...

Business of the Court

Business of the Court   Reference library

David O'Brien and Jonathan M. Cohen

The Oxford Companion to the Supreme Court of the United States (2 ed.)

Reference type:
Subject Reference
Current Version:
2005
Subject:
Law
Length:
2,657 words

...attacking government regulations in the nineteenth century; the Jehovah's Witnesses' claims of freedom of religion and speech in the 1930s; the American Civil Liberties Union (ACLU) and the National Association for the Advancement of Colored People (NAACP) fighting racial discrimination in the 1950s and 1960s; women's rights organizations and consumer and environmental protection groups in the 1970s; and conservative public interest organizations throughout the end of the twentieth century. The Court's rulings in turn may further encourage or discourage...

Rehnquist, William Hubbs

Rehnquist, William Hubbs (1 Oct. 1924)   Reference library

Sue Davis

The Oxford Companion to the Supreme Court of the United States (2 ed.)

Reference type:
Subject Reference
Current Version:
2005
Subject:
Law
Length:
3,298 words

...Rehnquist consistently opposed efforts to limit the death penalty. He urged the Court to retain the death penalty against the charge that it violates the Eighth Amendment ( Furman v . Georgia , 1972 ). Subsequently, he joined the majority when it held that the death penalty may be used in cases of “felony murder” ( Tison v. Arizona , 1987 ). He also voted with the majority to hold that statistical evidence of racial discrimination in capital sentencing cannot, without more, establish a violation of the Eighth Amendment ( McCleskey v. Kemp , ...

Gender and Law

Gender and Law   Reference library

The Oxford Companion to American Law

Reference type:
Subject Reference
Current Version:
2004
Subject:
Law
Length:
4,164 words

...standard applies only to intentional discrimination on the basis of sex. With the removal of most express gender classifications, therefore, constitutional protections have had limited impact, although they carry significant ideological weight. The greatest change in the law with respect to gender has come, rather, by means of statutory enactments at the federal and state level. Chief among such laws have been antidiscrimination provisions at the federal, state, and local levels prohibiting discrimination in employment, education, and services on the...

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