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You Can't Ask (Or Say) That: The First Amendment And Civil Rights Restrictions On Decisionmaker Speech, Helen L. Norton

Faculty Scholarship

Many antidiscrimination statutes limit speech by employers, landlords, lenders, and other decisionmakers in one or both of two ways: (1) by prohibiting queries soliciting information about an applicant's disability, sexual orientation, marital status, or other protected characteristic; and (2) by proscribing discriminatory advertisements or other expressions of discriminatory preference for applicants based on race, sex, age, sexual orientation, or other protected characteristics.

This Article explores how we might think about these laws for First Amendment purposes. Part I outlines the range of civil rights restrictions on decisionmaker speech, while Part II identifies the antidiscrimination and privacy concerns that drive their …

Injustice Casts Shadow On History Of State Executions, John Bessler

All Faculty Scholarship

This article, published in the StarTribune of Minneapolis, discusses the history of lynchings and executions in the State of Minnesota. It specifically discusses miscarriages of justice that have taken place in Minnesota, along with highlighting other problems associated with capital punishment.

Equal Justice Under The Law: Why Iolta Programs Do Not Violate The First Amendment, Hillary A. Webber

American University Law Review

No abstract provided.

America After 9/11: Freedom Preserved Or Freedom Lost: Hearing Before The S. Comm. On The Judiciary, 108th Cong., Nov. 18, 2003 (Statement Of Viet D. Dinh, Prof. Of Law, Geo. U. L. Center), Viet D. Dinh

Testimony Before Congress

No abstract provided.

Why Can't Discrimination Be Discrimination? Johnson V. K Mart Corp. And The Meaning Of "Discrimination" Under The Americans With Disabilities Act, Todd Prall

BYU Law Review

No abstract provided.

Lawrence V. Texas: An Historic Human Rights Victory, Donald E. Wilkes Jr.

Popular Media

The Lawrence decision is one of the most momentous pro-individual rights decisions ever adjudicated by the Court, and joins the exalted ranks of the Court's other benchmark decisions advancing human rights, including Brown v. Board of Education (the 1964 school desegregation decision), Roe v. Wade (the 1973 abortion rights decision), and West Virginia Board of Education v. Barnette (the 1943 decision upholding the right of Jehovah's Witnesses schoolchildren to refuse to salute the flag).

The Narrow Tailoring Issue In The Affirmative Action Cases: Reconsidering The Supreme Court's Approval In Gratz And Grutter Of Race-Based Decision Making By Individualized Discretion, David Crump

ExpressO

No abstract provided.

Racism As "The Nation's Crucial Sin": Theology And Derrick Bell , George H. Taylor

ExpressO

The Article probes a paradox that lies at the heart of the work of critical race scholar Derrick Bell. Bell claims on the one hand that racism is permanent, and yet on the other he argues that the fight against racism is both necessary and meaningful. Although Bell’s thesis of racism’s permanence has been criticized for rendering action for racial justice unavailing, the Article advances an understanding of Bell that supports and defends the integrity of his paradox. The Article draws upon the work of Protestant theologian Reinhold Niebuhr and Niebuhr’s paradox that social action is both necessary and meaningful …

Executing The Laws Or Executing An Agenda: Usurpation Of Statutory And Constitutional Rights By The Department Of Justice, Christopher C. Sabis

University of Michigan Journal of Law Reform

The Department ofJustice (DOJ) can compel individuals and entities to sacrifice their constitutional or statutory rights. The DOJ can do so through brute political force, settlements and consent decrees, selective statutory enforcement, and prosecutions that coerce future actors not to pursue goals contrary to the policy desires of the executive branch. The current regime provides few constraints on the DOJ's ability to abuse its legal authority to achieve political objectives. This unbridled power jeopardizes the rights of both opposing and third parties.

This Note examines, in a bipartisan manner, the methods the Justice Department employs that deprive opponents or third …

Twenty-Five Years Of A Divided Court And Nation: "Conflicting" Views Of Affirmative Action And Reverse Discrimination, Shaakirrah R. Sanders

University of Arkansas at Little Rock Law Review

No abstract provided.

Affirmative Action In Higher Education: Bakke Has Been Affirmed, Roy Carleton Howell

North Carolina Central Law Review

No abstract provided.

The Law And Economics Of Racial Profiling: New Jersey's Racial Profiling Statute Of 2003, George Steven Swan

North Carolina Central Law Review

No abstract provided.

African-American Farmers And The Fight For Survival: The Continuing Examination For Insights Into The Historical Genesis Of This Dilemma, Phyliss Craig-Taylor

North Carolina Central Law Review

No abstract provided.

The Thin Line Between Love And Hate: Why Affinity-Based Securities And Investment Fraud Constitutes A Hate Crime, Lisa M. Fairfax

Faculty Scholarship

This article explores the parallels between the prototypical hate crime and affinity fraud—securities and investment fraud that targets identifiable religious, racial and ethnic groups—and asserts that those parallels justify treating affinity fraud as a hate crime.

Abuse Of Female Sweatshop Laborers: Another Form Of Sexual Harassment That Does Not Fit Neatly Into The Judiciary's Current Understanding Of Discrimination Because Of Sex, Gregory A. Bullman

Indiana Law Journal

No abstract provided.

Reflections On Augusta: Judicial, Legislative And Economic Approaches To Private Race And Gender Consciousness, Scott R. Rosner

University of Michigan Journal of Law Reform

In light of the recent controversy surrounding Augusta National Golf Club's exclusionary membership policy, this Article highlights the myriad incentives and disincentives that Augusta and similar clubs have for reforming such policies. The author acknowledges the economic importance of club membership in many business communities and addresses the extent to which club members' claims of rights of privacy and free association are valid. The Article also considers the potential of judicial action in promoting the adoption of more inclusive membership policy; the state action doctrine and the First Amendment right to freedom of association are discussed as frameworks under which …

An Autopsy Of The Structural Reform Injunction: Oops ... It's Still Moving, Myriam E. Gilles

Articles

No abstract provided.

Equality And The Forms Of Justice, Susan Sturm

University of Miami Law Review

No abstract provided.

The American Civil Rights Tradition: Anticlassification Or Antisubordination?, Jack M. Balkin, Reva B. Siegel

University of Miami Law Review

No abstract provided.

Grutter V. Bollinger/Gratz V. Bollinger: View From A Limestone Ledge, Gerald Torres

Cornell Law Faculty Publications

No abstract provided.

Human Rights And Genetic Discrimination: Protecting Genomics' Promise For Public Health, Anita Silvers, Michael Ashley Stein

Faculty Publications

No abstract provided.

Part Ii - What Would You Do - With A Taniwha At The Table?, Ian Macduff

Research Collection Yong Pung How School Of Law

In the last issues of Negotiation Journal, the author explored the complicating factor of having a taniwha or spirit at the negotiating table in a New Zeland case. He challenged his readers to give him suggestions about how negotiators might grapple with often preplexing problems posed by the spiritual valus of their counterparts.

Groups, Politics, And The Equal Protection Clause, Sameul Issacharoff, Pamela S. Karlan

University of Miami Law Review

No abstract provided.

Combating Money Laundering And International Terrorism: Does The Usa Patriot Act Require The Judicial System To Abandon Fundamental Due Process In The Name Of Homeland Security?, Joan M. O'Sullivan Butler

ExpressO

The USA PATRIOT Act was part of a wave of legislation which reshaped national security policies while simultaneously restricting traditional civil liberties in response to the terrorist attacks of September 11. Among the many terrorism related provisions of the Act, the executive branch was given authority to freeze the assets of organizations in which there is a foreign interest suspected of funding terrorist organizations through the use of an asset blocking order pending further investigation. The Act further permits the use of classified information which will be subjected to only ex parte, in camera inspection by the judge presiding over …

Section 3: Gay Rights After Lawrence, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Section 4: Civil Rights & Employment Law, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Liability Rules For Constitutional Rights: The Case Of Mass Detentions, Eugene Kontorovich

ExpressO

Constitutional law assumes that rights should always be protected by property rules – that is, the government can only take them with the individual’s consent. This Article extends to constitutional law the insights of Calabresi and Melamed’s famous article on property and liability rules. Whether rights should be protected by property rules or liability rules depends on the transaction costs of negotiating a transfer of rights. As transaction costs rise, liability rules become more attractive.

This Article shows that liability rules can have an important role in constitutional law. Using mass detentions in national security emergencies as a case study, …

Canadian Fundamental Justice And American Due Process: Two Models For A Guarantee Of Basic Adjudicative Fairness, David M. Siegel

ExpressO

This paper traces how the Supreme Courts of Canada and the United States have each used the basic guarantee of adjudicative fairness in their respective constitutions to effect revolutions in their countries’ criminal justice systems, through two different jurisprudential models for this development. It identifies a relationship between two core constitutional structures, the basic guarantee and enumerated rights, and shows how this relationship can affect the degree to which entrenched constitutional rights actually protect individuals. It explains that the different models for the relationship between the basic guarantee and enumerated rights adopted in Canada and the United States, an “expansive …

In The Name Of National Security Or Insecurity?: The Potential Indefinite Detention Of Non-Citizen Certified Terrorists In The United States And The United Kingdom In The Aftermath Of September 11, 2001, Dana L. Keith

ExpressO

No abstract provided.

Man Who Gave In To Jealous Wife's Demands By Firing Pregnant Secretary Committed Pregnancy Discrimination, Says The New York Court Of Appeals, Amanda Jordan

Buffalo Women's Law Journal

No abstract provided.