discriminatory conduct in 1988 and 1989 are not cognizable under 42 U.S.C. § 1981, as amended by the Civil Rights Act of 1991 (the “Act”). 42 U.S.C.A. § 1981 (West 1981 and Supp.1994). Section 101 of the Act expanded the prohibition in Section 1981 against racial discrimination in the making and enforcement of contracts to apply to “all phases and incidents of the contractual relationship, including discriminatory contract terminations.” Rivers v. Roadway Exp., Inc., - U.S. -, -, 114 S. Ct. 1510, 1514, 128 L.Ed.2d 274 (1994). In Rivers, id., the Supreme Court, however, declined to apply 42 U.S.C.A. § 1981(b) to conduct occurring prior to the date on which the Act became effective. See also Butts v. City of New York Dep’t of Hous. Preservation and Dev., 990 F.2d 1397, 1411 (2d Cir.1993) (<HOLDING>). Thus, the amended provisions of Section 1981
holding retroactive application of the act to prosecution that was pending before the effective date of the act was precluded because the act is prospective holding that section 101 of the act does not apply retroactively to eases not pending on appeal at the time the act became effective holding that the statute does not apply retroactively to claims accruing prior to the effective date holding that the  1981 amendments contained in  101 of the civil rights act of 1991 do not apply retroactively holding that batson does apply retroactively to cases pending on direct review