Digital Commons Network^™

Employment Law - Antidiscrimination - Heading Toward Federal Protection For Sexual Orientation Discrimination?, Matthew Barker

University of Arkansas at Little Rock Law Review

No abstract provided.

Foreword: What North Carolina Can Learn From The League Of Women Voters Of Indiana, Inc. V. Rokita Decision, J. Christopher Heagarty

North Carolina Central Law Review

No abstract provided.

Equal Opportunities Do Not Always Equate To Equal Representation: How Bartlett V. Strickland Is A Regression In The Face Of The Ongoing Civil Rights Movement, Brandon Roseman

North Carolina Central Law Review

No abstract provided.

Is Indiana's Voter Id Law A Bridge To Nowhere, Matthew D. Neumann

North Carolina Central Law Review

No abstract provided.

Things Fall Apart: The Illegitimacy Of Property Rights In The Context Of Past Theft, Bernadette Atuahene

All Faculty Scholarship

In many states, past property theft is a volatile political issue that threatens to destabilize nascent democracies. How does a state avoid instability when past property theft causes a significant number of people to believe that the property distribution is illegitimate? To explore this question, I first define legitimacy relying on an empirical understanding of the concept. Second, I establish the relationship between inequality, illegitimate property distribution, and instability. Third, I describe the three ways a state can achieve stability when faced with an illegitimate property distribution: by using its coercive powers, by attempting to change people’s beliefs about the …

Torch (October 2009), Brandon Baldwin, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

No abstract provided.

Shattered Hearts (Full Report): The Commercial Sexual Exploitation Of American Indian Women And Girls In Minnesota., Alexandra (Sandi) Pierce

First Annual Interdisciplinary Conference on Human Trafficking, 2009

Table of contents

Acknowledgements iii

Background 1

Organization of the report 3

I The context 4

Native women’s experiences during colonization 5

Native women’s experiences during national expansion 7

Native girls’ boarding school experiences 8

Impact of assimilation policies on Native women 10

The damage caused by life in prostitution 14

II Methods and definitions 16

III Prevalence 28

Involvement in prostitution 28

Involvement in the Internet sex trade 35

IV Patterns in entering the sex trade 36

Age of entry 36

Modes of entry 39

V Factors that facilitate entry 53

Generational trauma 53

Runaway, thrown away, and/or homeless …

Lilly Ledbetter, Take Two: The Lilly Ledbetter Fair Pay Act Of 2009 And The Discovery Rule's Place In The Pay Discrimination Puzzle, Nancy Zisk

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Discriminatory Acquittal, Tania Tetlow

William & Mary Bill of Rights Journal

This article is the first to analyze a pervasive and unexplored constitutional problem: the rights of crime victims against unconstitutional discrimination by juries. From the Emmett Till trial to that of Rodney King, there is a long history of juries acquitting white defendants charged with violence against black victims. Modem empirical evidence continues to show a devaluation of black victims; dramatic disparities exist in death sentence and rape conviction rates according to the race of the victim. Moreover, just as juries have permitted violence against those who allegedly violated the racial order, juries use acquittals to punish female victims of …

Operatively White: Exploring The Significance Of Race And Class Through The Paradox Of Black Middle-Classness, Audrey Mcfarlane

All Faculty Scholarship

The black–white paradigm has been the crucial paradigm in racial geography of land use, housing and development. Yet it is worthwhile to consider that, in this context, distinctions based on race are accompanied by a powerful, racialized discourse of middle class versus poor. The black–white paradigm in exclusionary zoning, for example, involves the wealthy or middle-class white person (we need not even use the term white) protesting against or displacing the poor black person. (we also need not even use the term black). Another example of the racialized discourse of middle class versus poor is in the urban-gentrification context. The …

The Hundred-Years War: The Ongoing Battle Between Courts And Agencies Over The Right To Interpret Federal Law, Nancy M. Modesitt

All Faculty Scholarship

Since the Supreme Court’s 1984 Chevron decision, the primary responsibility for interpreting federal statutes has increasingly resided with federal agencies in the first instance rather than with the federal courts. In 2005, the Court reinforced this approach by deciding National Telecommunications Ass'n v. Brand X Internet Services, which legitimized the agency practice of interpreting federal statutes in a manner contrary to the federal courts' established interpretation, so long as the agency interpretation is entitled to deference under the well-established Chevron standard. In essence, agencies are free to disregard federal court precedent in these circumstances. This Article analyzes the question left …

Performing Discretion Or Performing Discrimination: An Analysis Of Race And Ritual In Batson Decisions In Capital Jury Selection, Melynda J. Price

Law Faculty Scholarly Articles

Research shows the mere presence of Blacks on capital juries--on the rare occasions they are seated--can mean the difference between life and death. Peremptory challenges are the primary method to remove these pivotal participants. Batson v. Kentucky developed hearings as an immediate remedy for the unconstitutional removal of jurors through racially motivated peremptory challenges. These proceedings have become rituals that sanction continued bias in the jury selection process and ultimately affect the outcome of capital trials. This Article deconstructs the role of the Batson ritual in legitimating the removal of African American jurors. These perfunctory hearings fail to meaningfully interrogate …

Fear And Projection As Root Causes Of War, And The Archetypal Energies "Trust" And "Peace" As Antidotes, Carroy U. Ferguson

Carroy U "Cuf" Ferguson, Ph.D.

I want to use this opportunity to discuss a phenomenon that continues to plague the human experience. It is called the game of war. War is perhaps the deadliest game that humanity has created. The conflict itself represents what appears to be opposing views about the way things should be. Each side believes that it is right and that its actions are justified. Each side therefore seeks to impose its views on the other or to defend its views against the other. Each side fears the other as an enemy and each side projects its fears onto its perceived “enemy.”

Testimony On The Employment Non-Discrimination Act (Enda) And The Religious Exemption : Hearing Before The H. Comm. On Education And Labor, 111th Cong., Sept. 23, 2009 (Statement Of Adjunct Professor David N. Saperstein, Geo. U. L. Center), David N. Saperstein

Testimony Before Congress

We are long past the point when our laws should permit discrimination against any individual because of their sexual orientation. Just as we do not tolerate behavior that discriminates based on race, gender, national origin or religion, so should we be clear about discrimination based on the characteristic of being gay or lesbian. For many of America’s faith traditions, this is a religious value. It is a moral value. And for all of us, it is of great social and economic value, as evidenced by the nearly 90% of Fortune 500 companies that already have policies consistent with ENDA. They …

Brief Of Amici Curiae Fred T. Korematsu Center For Law And Equality, Asian Bar Association Of Washington, South Asian Bar Association Of Washington, And Washington Women Lawyers, Lorraine K. Bannai, Counsel For Amici Curiae

Fred T. Korematsu Center for Law and Equality

Civil Rights Amicus Brief Project

The Residential Segregation Of Baltimore's Jews: Restrictive Covenants Or Gentlemen's Agreement?, Garrett Power

Garrett Power

No abstract provided.

Apartheid Baltimore Style: The Residential Segregation Ordinances Of 1910-1913, Garrett Power

Garrett Power

On May 15, 1911, Baltimore Mayor J. Barry Mahool signed into law an ordinance for “preserving the peace, preventing conflict and ill feeling between the white and colored races in Baltimore City.” This ordinance provided for the use of separate blocks by African American and whites and was the first such law in the nation directly aimed at segregating black and white homeowners. This article considers the historical significance of Baltimore’s first housing segregation law.

Transgender Bathroom Usage: A Privileging Of Biology And Physical Difference In The Law, Jill D. Weinberg

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.

Sexual Identity As A Fundamental Human Right, Anthony R. Reeves

Buffalo Human Rights Law Review

No abstract provided.

Torch (September 2009), Brandon Baldwin, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

No abstract provided.

Narco-Terrorism: Could The Legislative And Prosecutorial Responses Threaten Our Civil Liberties?, John E. Thomas, Jr.

Washington and Lee Law Review

No abstract provided.

Multilayered Racism: Courts' Continued Resistance To Colorism Claims, Taunya Lovell Banks

Taunya Lovell Banks

No abstract provided.

Conciliación Entre Derecho Al Trabajo Y Libertad De Trabajo Desde La Perspectiva De Los Derechos Sociales,Económicos Y Culturales, Sebastián A. Pizarro

Sebastián A. Pizarro

El orden público laboral se cimenta sobre un sistema de libertades, no estando aparejado ello a un Derecho al Trabajo. Si bien se ha incluido en la legislación chilena este último a través de la inclusión del Pacto Internacional de Derechos Económicos, Sociales y Culturales, no se ha logrado la adecuada armonía entre la libertad y el derecho mencionado. Cuestión que en un país como el nuestro, resulta esencial, toda vez que a nivel de políticas estatales se ha abandonado la meta del pleno empleo, propendiendo a la precariedad de las relaciones laborales. Se estima es posible integrar a la …

Recent Decisions, Phoebe A. Haddon

Phoebe A. Haddon

No abstract provided.

The Mirror Effect, The Law Of Attraction, And "Points Of Attraction" That Can Nurture The Evolution Of Human Consciousness, Carroy U. Ferguson

Carroy U "Cuf" Ferguson, Ph.D.

This message has several purposes. First, I want to express my immense joy that Chip Baggett and I are serving as Co-Presidents of AHP since August 16, 2009. In my view, Chip and I are long-time friends, who have a transcendent connection and synergistic energies. My desire and intent is for our co-presidency to mirror the effect(s) of synergistic collaboration as a “point of attraction” that can assist in the evolution of human consciousness across often “perceived personal and societal boundaries” (e.g., race, culture, ethnicity, class, individual and collective belief systems, and dogma). More generally, however, this message is intended …

The Legal And Practical Aspects Of Atm's In Tanzania, Daudi Mwita Nyamaka Mr.

Daudi Mwita Nyamaka Mr.

The concern of our study was to examine the legal and practical aspects of ATMs in Tanzania. The major problems that were being examined are; the 24 hours operation on ATMs vis-à-vis system failure or error and the system of one bank allowing cardholders of another bank to use its ATMs. With the first problem, all banks in Tanzania with ATMs have attractive advertisements to customers that affirm sufficient services in any time of the day but in reality, the machines usually fail to respond the instructions of the cardholder regardless the fact that the cardholder inserts the card and …

Does Grutter Offer Courts An Opportunity To Consider Race In Jury Selection And Decisions Related To Promoting Fairness In The Deliberation Process?, Phoebe A. Haddon

Phoebe A. Haddon

This essay considers whether the two recent Supreme Court affirmative action cases, the Michigan law school and undergraduate cases, Grutter v. Bollinger and Gratz v. Bollinger, provide support for opening the process of jury selection and deliberation to more fully include people of color and other under-represented groups and their experiences. I shall argue that these recent affirmative action cases can provide some support for ensuring better representation of people of color in the jury selection process, challenging the pre-textual use of peremptories and opening opportunities to talk about race during trials. The Court's reasoning in Grutter that diversity is …

Equality And Sorority During The Decade After Brown, Taunya Lovell Banks

Taunya Lovell Banks

No abstract provided.

The Same-Sex Future, David Cole

Georgetown Law Faculty Publications and Other Works

No abstract provided.

Should Race Matter When Rectifying Past Errors?, Alan E. Garfield

Alan E Garfield

No abstract provided.