NCJ Number
125059
Journal
Wisconsin Law Review Volume: 1989 Issue: 3 Dated: (1989) Pages: 579-587
Date Published
1989
Length
8 pages
Annotation
This article addresses the erosion of civil rights and predicts its effects. Analysis is provided that demonstrates society's technological ability to demonstrate legal inequality through the use of computers and more accurate statistics.
Abstract
An argument is also made that increased public awareness of legal inequality will force the legal system to either find new ways to convince the public of the desire for legal equality or admit the system is not committed to equal justice. Proof of inequality is provided by demonstrating what computers and statistical analysis has done to illustrate legal inequality. Evidence of doctrinal retrenchment by the legal community is supported by examples of court decisions that require tighter causal chains, proof of intent to discriminate, stricter standards to show standing to sue, and limitations on State action and type of relief sought. An argument is then made that supports the idea that the system is trying to manipulate doctrine to convince the public that the rights due to the individual are much narrower than previously thought. Such claims are seen as an attempt to make the public happy with something less than they thought they had. 50 footnotes.