Digital Commons Network^™

Gendering Disability To Enable Disability Rights Law, Michelle Travis

Michelle A. Travis

How Hate Gets Counted, Simran Singh, Prabhjot Singh

Simran Jeet Singh

Do American Sikhs count?

The horrific shooting at a Sikh temple in suburban Milwaukee on Aug. 5, in which a white supremacist, Wade M. Page, killed six people before fatally shooting himself, elicited an outpouring of sympathy from American leaders and a greater understanding of the role Sikhs have played in American life.

But there are two disturbing aspects of the response to the shooting that deserve wider public attention.

First is the notion of “mistaken identity” — the assumption that Mr. Page, who had long-established ties to radical right-wing groups, mistook Sikhs for Muslims, his presumed target. The second …

Islamophobia, Sikhophobia And Media Profiling, Simran Singh

Simran Jeet Singh

On Sept. 11, 2001, terrorist attacks shook the American nation to its core. Nineteen individuals associated with al Qaeda coordinated to hijack four passenger jets and use them as weapons of mass destruction. The terrorist attacks of 9/11 claimed approximately 3,000 lives, including all 256 passengers on the four planes, 125 people at the Pentagon and more than 2,600 people at the World Trade Center.

The global community watched the destruction and devastation with horror. Law enforcement agencies focused attention on detecting and preventing further terrorism on American soil, while news media scrambled to collect, synthesize and present an enormous …

The Compensation Principle, William Simkulet

William Simkulet

In "Should Race Matter?," David Boonin proposes the compensation principle: When an agent wrongfully harms another person, she incurs a moral obligation to compensate that person for the harms she has caused. Boonin then argues that the United States government has wrongfully harmed black Americans by adopting pro-slavery laws and other discriminatory laws and practices following the end of slavery, and therefore the United States government has an obligation to pay reparations for slavery and discriminatory laws and practices to those who have been harmed by them - in particular, to contemporary black Americans. Here I argue that the compensation …

A Strategic Legal Challenge To The Unforeseen Anticompetitive And Racially Discriminatory Effects Of Baseball’S North American Draft, Stephen Ross, Michael James

Stephen F Ross

Major League Baseball (MLB) has honored a single player by retiring his number for every club. Absent special commemorations, no player will wear the number “42” in honor of the man who broke the color barrier to become the first African American to play major league baseball in the modern era: Jackie Robinson. MLB has also honored a single player—chosen from nominees from each individual club—by presenting an annual award for humanitarian service in his name; that honoree is Roberto Clemente. However, the sad reality is that if a fifteen-year-old Jackie Robinson were growing up today in South Pasadena, California, …

Loving V. Virginia In A Post-Racial World: Rethinking Race, Sex, And Marriage, Kevin Maillard, Rose Villazor, Victor Romero

Victor C. Romero

Victor Romero is a contributing author: "Loving Across the Miles: Binational Same-Sex Marriages" pages 217-234. In 1967, the U.S. Supreme Court ruled that laws prohibiting interracial marriage were unconstitutional in Loving vs. Virginia. Although this case promotes marital freedom and racial equality, there are still significant legal and social barriers to the free formation of intimate relationships. Marriage continues to be the sole measure of commitment, mixed relationships continue to be rare, and same-sex marriage is only legal in 6 out of 50 states. Most discussion of Loving celebrates the symbolic dismantling of marital discrimination. This book, however, takes a …

The Encyclopedia Of American Civil Liberties, Paul Finkelman, Victor Romero

Victor C. Romero

Victor Romero contributed the following encyclopedia entries: "Civil Liberties of Aliens"; "Race and Immigration"; "Criminal Law/Civil Liberties and Noncitizens in the U.S."; "Illegitimacy and Immigration"; "Homosexuality and Immigration"; "Ambach v. Norwick"; "United States v. Verdugo-Urquidez"; "Fiallo v. Bell"; "INS v,. Chadha"; and "In re Griffiths."

This Encyclopedia on American history and law is the first devoted to examining the issues of civil liberties and their relevance to major current events while providing a historical context and a philosophical discussion of the evolution of civil liberties.

- From the Publisher

The Compromised Worker And The Limits Of Employment Discrimination Law, Peter Siegelman

Peter Siegelman

Why do employment discrimination plaintiffs fare so poorly? Many explanations have been offered, but this essay suggests a new one: a substantial fraction of all plaintiffs are “compromised” workers, meaning that they have done something on the job that might plausibly justify the treatment about which they are complaining. As a matter of both doctrine and logic, compromised plaintiffs can be legitimate victims of discrimination. But they face substantial difficulties in proving that their employer relied on a prohibited characteristic in its treatment of them because, by definition, their behavior offers a plausibly legitimate explanation for their treatment. After demonstrating …

The Influence Of Maternal Education On Lifetime Vulnerabilities For Chronic Stress And Heightened Physiological Reactions To Stressors, Hannah Lapp, Celia Moore, Kymberlee O'Brien

Kymberlee M. O'Brien

We examined parental education as predictors of vulnerability to biological and perceived chronic stressors into adulthood. Measures included hair cortisol (hCORT) and cardiovascular parameters as indicators of chronic stress and overall health. The community subjective social status ladder was included to examine relationships between maternal education and assessments of social standing in adult offspring. Participants (N = 107; ages 18-30; M =22.23, SD = 3.01; 50.4% female) were recruited from an urban public university and residents of surrounding low-income areas in Boston, MA. Maternal and paternal education were positively associated with change in sympathetic nervous system (SNS) recovery after a …

Discrimination In Customer Segmentation Marketing Practices, Jude A. Thomas

Jude A Thomas

Customer segmentation is a powerful analytical marketing practice that is employed by a wide range of businesses to segregate customers with similar characteristics into subgroups in order to inform operational business processes. Such practices allow firms to better allocate their resources in order to form more profitable customer relationships, but they also have the capacity to lead to unfair discriminatory impact upon customer groups. Current legislation is largely unprotective of customers so positioned, but recent trends in the insurance and lending industries suggest that a broader application of anti-discrimination laws could foretell a future of greater restrictions on the implementation …

How Transformational Theory Can Be Used To Understand The Personal Experience Of Being Bullied In The Workplace, Salma A. Hadeed

salma a hadeed

No abstract provided.

Portrait Of Spain: Masterpices From The Prado, Katrina Bramstedt

Katrina A. Bramstedt

Extract: During 2012, the Museo Nacional del Prado (the Prado) in Madrid, Spain, loaned the Queensland Art Gallery a sampling of its masterpieces. Notably, this was the first time these works have appeared in the Southern Hemisphere. Moreover, six works in the collection (five paintings and one etching) are robust examples of medical ethics fodder. Some of these Spanish works are similar to those found in the Archduke of Austria Ferdinand II’s Chamber of Art and Curiosities Collection at Ambras Castle (Euromuse.net 2012). Specifically, four of the six items are paintings that fit under the same theme— disability—and cover the …

Transgender Individuals' Access To College Housing And Bathrooms: Findings From The National Transgender Discrimination Survey, Kristie Seelman

Kristie L Seelman

Within higher education settings, transgender people are at risk for discrimination and harassment within housing and bathrooms. Yet, few have examined this topic using quantitative data or compared the experiences of subgroups of transgender individuals to predict denial of access to these spaces. The current study utilizes the National Transgender Discrimination Survey to research this issue. Findings indicate that being transgender and having another marginalized identity matters for students’ access to housing and bathrooms. Trans women are at greater risk than gender non-conforming people for being denied access to school housing and bathrooms. Implications for practice and research are detailed.

Mediating Factors Of Perceived Discrimination: Physiological And Affective Markers., Kymberlee O'Brien, Edward Tronick, Celia Moore

Kymberlee M. O'Brien

Early life adversity influences later health and may be mediated by psychosocial, affective, and physiological stress and immune factors. We report evidence from MIDUS biomarker project (N = 845, age 34-84, M = 55.09, SD = 11.70) confirming the predicted relationship between early adversity and frequency of diagnosed chronic illnesses (M = 2.8, SD =1.2). Specific psychosocial and physiological variables were tested as mediators. Lifetime (M = .95, SD = 1.5) and daily (M = 12.8, SD = 1.2) discrimination, urinary cortisol (M = 1.1, SD = 1.2 ug/dL), IL-6 (M =2.8, SD = 2.8 pg/mL) (all ps<.001), and …

Hidden Lives And Human Rights In The United States: Understanding The Controversies And Tragedies Of Undocumented Immigration, Lois Lorentzen, Victor Romero

Victor C. Romero

Victor Romero is a contributing author: "The Criminalization of Undocumented Migrants," vol. 2, pp. 1-39.

In the United States, the crisis of undocumented immigrants draws strong opinions from both sides of the debate. For those who immigrate, concerns over safety, incorporation, and fair treatment arise upon arrival. For others, the perceived economic, political, and cultural impact of newcomers can feel threatening. In this informative three-volume set, top immigration scholars explain perspectives from every angle, examining facts and seeking solutions to counter the controversies often brought on by the current state of undocumented immigrant affairs.

Immigration expert and set editor Lois …

Research Report: A Profile Of Racial Vilification Complaints Lodged With The New South Wales Anti-Discrimination Board, Luke Mcnamara

Luke McNamara

In 1989 New South Wales became the first State in Australia to legislate against racial vilification. The introduction of this legislation, and discussion of similar provisions in other jurisdictions, rekindled debates about the legitimacy of legal limits on hate speech. However, little is known about the practical operation of antivilification laws. This report presents the results of a survey of more than 160 racial vilification complaints handled by the New South Wales Anti-Discrimination Board from 1993 to 1995. The profile of the legislation in practice presented here provides a valuable empirical foundation for critical assessment of anti-vilification provisions and of …

Wage And Occupational Differences Between Black And White Men: Labor Market Discrimination In The Rural South, Lewis Smith, Vernon Briggs , Brian Rungeling, James Smith

Vernon M Briggs Jr

"The existence of labor market discrimination based on race is well established.However, study continues into a variety of aspects of discrimination-among them the extent to which it exists in different regions. Gwartney has estimated the ratio of black to white earnings to be between .83 and .88 for the North and between .68 and .74 for the South. Masters, in a study of earnings differentials between black and white men, found a ratio of .79 for the non-South and .69 for the South. Although considerable literature has developed concerning earnings differentials, wage discrimination in rural areas is one topic which …

Employer Sanctions And The Question Of Discrimination: The Gao Study In Perspective, Vernon Briggs

Vernon M Briggs Jr

"The enactment of the Immigration Reform and Control Act of 1986 (IRCA) produced the most extensive legislation in the area of employment law in the United States in two decades (i.e., since the adoption of the Occupational Health and Safety Act of 1970). Its provisions affect every employer and every job seeker since the law went into effect on November 6, 1986. Among its multiple provisions were strictures designed to prohibit employers from hiring illegal immigrants. This action had the effect of repealing the 'Texas Proviso' of the Immigration and Nationality Act of 1952 that specifically exempted the employment relationship …

Black Entry Into The Apprentice Trades: Lessons Of The Sixties And Prospects For The Seventies, Vernon Briggs

Vernon M Briggs Jr

No abstract provided.

Contract Compliance And Equal Employment Opportunity In The Construction Industry, Vernon Briggs

Vernon M Briggs Jr

Public testimony by Prof. Briggs given before the Massachusetts State Advisory Committee to the United States Commission on Civil Rights, Contract Compliance and Equal Employment Opportunity in the Construction Industry during an open meeting held in Boston, Massachusetts, June 25-26, 1969.

Wage And Occupational Differences Between Black And White Men: Labor Market Discrimination In The Rural South, Lewis Smith, Vernon Briggs , Brian Rungeling, James Smith

Vernon M Briggs Jr

"The existence of labor market discrimination based on race is well established.However, study continues into a variety of aspects of discrimination-among them the extent to which it exists in different regions. Gwartney has estimated the ratio of black to white earnings to be between .83 and .88 for the North and between .68 and .74 for the South. Masters, in a study of earnings differentials between black and white men, found a ratio of .79 for the non-South and .69 for the South. Although considerable literature has developed concerning earnings differentials, wage discrimination in rural areas is one topic which …

Employer Sanctions And The Question Of Discrimination: The Gao Study In Perspective, Vernon Briggs

Vernon M Briggs Jr

"The enactment of the Immigration Reform and Control Act of 1986 (IRCA) produced the most extensive legislation in the area of employment law in the United States in two decades (i.e., since the adoption of the Occupational Health and Safety Act of 1970). Its provisions affect every employer and every job seeker since the law went into effect on November 6, 1986. Among its multiple provisions were strictures designed to prohibit employers from hiring illegal immigrants. This action had the effect of repealing the 'Texas Proviso' of the Immigration and Nationality Act of 1952 that specifically exempted the employment relationship …

Black Entry Into The Apprentice Trades: Lessons Of The Sixties And Prospects For The Seventies, Vernon Briggs

Vernon M Briggs Jr

No abstract provided.

Contract Compliance And Equal Employment Opportunity In The Construction Industry, Vernon Briggs

Vernon M Briggs Jr

Public testimony by Prof. Briggs given before the Massachusetts State Advisory Committee to the United States Commission on Civil Rights, Contract Compliance and Equal Employment Opportunity in the Construction Industry during an open meeting held in Boston, Massachusetts, June 25-26, 1969.

The 'Intrusion Of Women Painters': Ethel Anderson, Modern Art And Gendered Modernities In Interwar Sydney, Australia, Jane Hunt

Jane Hunt

In the interwar period in Sydney, Australia, male art gallery trustees, directors, and art schoolteachers objected to female advocacy and practice of artistic responsiveness to the modern. The dialogue between these two parties has often been interpreted in terms of a margin/centre dichotomy. Closer examination of the case of Ethel Anderson suggests that this model is inadequate. She demonstrated the transnationally apparent predilection of women to infusing civic cultures with the fleeting and every day, thus inverting the spatial cues to cultural authority and presenting a gendered challenge to institutionalised, masculine notions of cultural authority.

Reflections On Fair Housing Law, Tim Iglesias

Tim Iglesias

This presentation offered reflections on the state of fair housing law in light of numerous studies evaluating its effectiveness. It argues that while enforcement needs to be improved, fair housing advocates must also employ complementary strategies to reform social norms.

When Is Discrimination Wrong?, Deborah Hellman

Deborah Hellman

No abstract provided.

Critical Error, Bryan L. Adamson

Bryan L Adamson

Critical Error raises a novel double standard: while fact-specific trial court findings of actual malice are reviewed under the “independent judgment” standard (a wholesale re-weighting of the trial court record and decision) on appeal, intentional race discrimination findings are reviewed under the far more deferential Federal Rule of Civil Procedure 52 clear error standard. Both legal concepts are arrived at through assessing state-of-mind determinations; both directly trigger constitutional proscriptions. Only actual malice, however, is classified as a constitutional fact, thus taking it out of the more deferential standard of review. The Supreme Court has failed to clarify this important procedural …

Dealing With The Realities Of Race And Ethnicity: A Bioethics-Centered Argument In Favor Of Race-Based Genetics Research, Michael J. Malinowski

Michael J. Malinowski

No abstract provided.

Black Entry Into The Apprentice Trades: Lessons Of The Sixties And Prospects For The Seventies, Vernon Briggs

Vernon M Briggs Jr

No abstract provided.