Civil Rights in Transition: Sections 1981 and 1982 Cover Discrimination on the Basis of Ancestry and Ethnicity

62 Pages Posted: 15 Nov 2013

See all articles by Eileen R. Kaufman

Eileen R. Kaufman

Touro College - Jacob D. Fuchsberg Law Center

Martin A. Schwartz

Touro College - Jacob D. Fuchsberg Law Center

Date Written: 1988

Abstract

This article explores the significance of the recent United States Supreme Court decisions extending the scope of 42 U.S.C. sections 1981 and 1982 to discrimination on the basis of ancestry and ethnicity. While the article was in its final editorial stage, the Supreme Court in Patterson v. McLean Credit Union, called for reargument as to whether the holding in Runyon v. McCrary, that section 1981 applies to private discrimination, should be reconsidered.

One of the points stressed in this article is that sections 1981 and 1982 are especially important vehicles for redressing societal discrimination because they apply to private as well as public parties. The authors believe that the value of these provisions will be seriously eroded should Runyon be overruled.

Keywords: Supreme Court, civil rights, discrimination, Runyon, 42 U.S.C. section 1981, 42 U.S.C. section 1982, Title VII, Saint Francis College, Shaare Tefila Congregation

Suggested Citation

Kaufman, Eileen R. and Schwartz, Martin A., Civil Rights in Transition: Sections 1981 and 1982 Cover Discrimination on the Basis of Ancestry and Ethnicity (1988). 4 Touro L. Rev. 183 (1988), Touro Law Center Legal Studies Research Paper, Available at SSRN: https://ssrn.com/abstract=2351000

Eileen R. Kaufman (Contact Author)

Touro College - Jacob D. Fuchsberg Law Center ( email )

225 Eastview Drive
Central Islip, NY 11722
United States

Martin A. Schwartz

Touro College - Jacob D. Fuchsberg Law Center ( email )

225 Eastview Drive
Central Islip, NY 11722
United States

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
22
Abstract Views
486
PlumX Metrics