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Articles 1 - 14 of 14
Full-Text Articles in Entire DC Network
Mindful Debiasing: Meditation As A Tool To Address Disability Discrimination, Elizabeth F. Emens
Mindful Debiasing: Meditation As A Tool To Address Disability Discrimination, Elizabeth F. Emens
Faculty Scholarship
Antidiscrimination law is at a critical juncture. The law prohibits formal and explicit systems of exclusion, but much bias nonetheless persists. New tools are needed. This Article argues that mindfulness meditation may be a powerful strategy in the battle against disability discrimination. This Article sets out eight reasons that disability bias is particularly intractable. The Article then draws on empirical, philosophical, and scholarly sources to identify mechanisms through which mindfulness meditation can address these dynamics. The Article concludes by presenting concrete doctrinal implications of bringing mindfulness to bear on disability discrimination. This Article thus contributes to the established fields of …
'‘Male Chauvinism’ Is Under Attack From All Sides At Present': Roberts V. United States Jaycees, Sex Discrimination, And The First Amendment, Linda C. Mcclain
'‘Male Chauvinism’ Is Under Attack From All Sides At Present': Roberts V. United States Jaycees, Sex Discrimination, And The First Amendment, Linda C. Mcclain
Faculty Scholarship
Today, many take it for granted that discriminating against women in the marketplace is illegal and morally wrong. Roberts v. United States Jaycees (1984) remains a foundational case on government’s compelling interest in prohibiting sex (or gender) discrimination in public accommodations, even in the face of First Amendment claims of freedom of association and expression. Curiously, Jaycees seems comparatively neglected by legal scholars, if measured by the cases included in the various collections of “law stories” or “rewritten opinions” projects. Looking back at the Jaycees litigation reveals the parties wrestling over the reach of public accommodations law and the force …
Post-Katrina Suppression Of Black Working-Class Political Expression, Taunya L. Banks
Post-Katrina Suppression Of Black Working-Class Political Expression, Taunya L. Banks
Faculty Scholarship
No abstract provided.
Slavery In The United States: Persons Or Property?, Paul Finkelman
Slavery In The United States: Persons Or Property?, Paul Finkelman
Faculty Scholarship
No abstract provided.
After Inclusion, Mitu Gulati, Devon W. Carbado, Catherine Fisk
After Inclusion, Mitu Gulati, Devon W. Carbado, Catherine Fisk
Faculty Scholarship
What forms of discrimination are likely to be salient in the coming decade? This review flags a cluster of problems that roughly fall under the rubric of inclusive exclusions or discrimination by inclusion. Much contemporary discrimination theory and empirical work is concerned not simply with mapping the forces that keep people out of the labor market but also with identifying the forces that push them into hierarchical structures within workplaces and labor markets. Underwriting this effort is the notion that, although determining what happens before and during the moment in which a prospective employee is excluded from an employment opportunity …
Sexuality And Sovereignty: The Global Limits And Possibilities Of Lawrence Symposium: Legal Rights In Historical Perspective: From The Margins To The Mainstream, Sonia K. Katyal
Faculty Scholarship
In the summer of 2003, the Supreme Court handed gay and lesbian activists a stunning victory in the decision of Lawrence v. Texas, which summarily overruled Bowers v. Hardwick. At issue was whether Texas' prohibition of same-sex sexual conduct violated the Due Process Clause of the U.S. Constitution. In a powerful, poetic, and strident opinion, Justice Kennedy, writing for a six-member majority, reversed Bowers, observing that individual decisions regarding physical intimacy between consenting adults, either of the same or opposite sex, are constitutionally protected, and thus fall outside of the reach of state intervention. Volumes can be written about the …
Some Thoughts On The Law And Politics Of Reparations For Slavery, Calvin R. Massey
Some Thoughts On The Law And Politics Of Reparations For Slavery, Calvin R. Massey
Faculty Scholarship
No abstract provided.
The Unhappy History Of Civil Rights Legislation, Fifty Years Later, Jack M. Beermann
The Unhappy History Of Civil Rights Legislation, Fifty Years Later, Jack M. Beermann
Faculty Scholarship
Seldom, if ever, have the power and the purposes of legislation been rendered so impotent.... All that is left today are afew scattered remnants of a once grandiose scheme to nationalize the fundamental rights of the individual.
These words were written fifty years ago by Eugene Gressman, now William Rand Kenan, Jr. Professor Emeritus, University of North Carolina School of Law, as a description of what the courts, primarily the Supreme Court of the United States, had done with the civil rights legislation passed by Congress in the wake of the Civil War. Professor Gressman's article, The Unhappy History of …
Don't Ask Us To Explain Ourselves, Don't Tell Us What To Do: The Boy Scouts' Exclusion Of Gay Members And The Necessity Of Independent Judicial Review, Taylor Flynn
Faculty Scholarship
In Boy Scouts of America v. Dale, the U.S. Supreme Court held by a five to four majority that the Boy Scouts of America is entitled to ban gay persons from membership despite New Jersey's prohibition against sexual orientation discrimination. The Dale majority sharply departed from the Court's long line of expressive association cases, in which it has rejected the claims of private clubs that application of civil rights laws to their membership policies violates their associational rights. This Author argues that by "reading" the plaintiff in Boy Scouts of America v. Dale as a cipher for gay sex, and …
Comparing Race And Sex Discrimination In Custody Cases, Katharine T. Bartlett
Comparing Race And Sex Discrimination In Custody Cases, Katharine T. Bartlett
Faculty Scholarship
No abstract provided.
Political Power Of Nuisance Law: Labor Picketing And The Courts In Modern England, 1871-Present, The , Rachel Vorspan
Political Power Of Nuisance Law: Labor Picketing And The Courts In Modern England, 1871-Present, The , Rachel Vorspan
Faculty Scholarship
This inquiry, a comprehensive historical study of the impact of nuisance law on labor picketing in England, comprises six sections. Part I introduces general principles of labor law and nuisance law in the nineteenth century, particularly the legislative scheme of "collective laissezfaire" that emerged after 1871 and remained relatively intact until 1980. Part II examines the use of nuisance doctrines against picketers in the first phase of confrontational picketing from 1889 to 1906, when the appearance of militant unions representing unskilled workers stimulated inventive judicial responses in both private and public nuisance. Part III investigates the much heralded judicial and …
Neither Black Nor White: Asian Americans And Affirmative Action, Frank H. Wu
Neither Black Nor White: Asian Americans And Affirmative Action, Frank H. Wu
Faculty Scholarship
No abstract provided.
Warrior Bards, Kevin Mccarthy, Michael E. Tigar
Warrior Bards, Kevin Mccarthy, Michael E. Tigar
Faculty Scholarship
No abstract provided.
Judicial Scrutiny Of "Benign" Racial Preference In Law School Admissions, Kent Greenawalt
Judicial Scrutiny Of "Benign" Racial Preference In Law School Admissions, Kent Greenawalt
Faculty Scholarship
Racial preferences for blacks generate ambivalence in those who care about racial equality and also believe that individuals should be judged "on their own merits." This ambivalence is reflected in divergent "equal protection" values, the value of eliminating barriers to equality imposed on minority groups and that of distributing the burdens and benefits of social life without reference to arbitrary distinctions. It is hardly surprising, therefore, that after Marco DeFunis, Jr. challenged the constitutionality of racial preferences for admission to a state law school, the Supreme Court's resolution of the issue was awaited with intense interest and some trepidation. For …