Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Supreme court (3)
- 1st amendment (2)
- 2006 (2)
- Abood (2)
- Davenport (2)
-
- Davenport v. Washington Education Association (2)
- Dues (2)
- Establishment clause (2)
- First amendment (2)
- Free speech (2)
- Freedom of speech (2)
- Political purposes (2)
- Supreme Court (2)
- Unions (2)
- V. Detroit Board of Education (2)
- United States Supreme Court (1)
- 2000-2001 Term (1)
- Amendment (1)
- Ashcroft v. ACLU (1)
- Ashcroft v. Free Speech Coalition (1)
- Bartnicki v. Vopper (1)
- Bethel School District v. Fraser (1)
- Brown v. Board of Education (1)
- Campaigns (1)
- Chemerinsky (1)
- Civil Rights (1)
- Civil Rights Act of 1964 (42 U.S.C. 2000e) (1)
- Civil rights (1)
- Claim (1)
- Concentration camps (1)
Articles 1 - 8 of 8
Full-Text Articles in Entire DC Network
What Can Brown Do For You?: Addressing Mccleskey V. Kemp As A Flawed Standard For Measuring The Constitutionally Significant Risk Of Race Bias
Erwin Chemerinsky
This Essay asserts that in McCleskey v. Kemp, the Supreme Court created a problematic standard for the evidence of race bias necessary to uphold an equal protection claim under the Fourteenth Amendment of the U.S. Constitution. First, the Court’s opinion reinforced the cramped understanding that constitutional claims require evidence of not only disparate impact but also discriminatory purpose, producing significant negative consequences for the operation of the U.S. criminal justice system. Second, the Court rejected the Baldus study’s findings of statistically significant correlations between the races of the perpetrators and victims and the imposition of the death …
Supreme Court 2000-2001 Term: First Amendment Cases, Erwin Chemerinsky
Supreme Court 2000-2001 Term: First Amendment Cases, Erwin Chemerinsky
Erwin Chemerinsky
No abstract provided.
Procedural Due Process Claims, Erwin Chemerinsky
Procedural Due Process Claims, Erwin Chemerinsky
Erwin Chemerinsky
No abstract provided.
Korematsu V. United States: A Tragedy Hopefully Never To Be Repeated , Erwin Chemerinsky
Korematsu V. United States: A Tragedy Hopefully Never To Be Repeated , Erwin Chemerinsky
Erwin Chemerinsky
No abstract provided.
First Amendment Decisions From The October 2006 Term, Erwin Chemerinsky, Marci A. Hamilton
First Amendment Decisions From The October 2006 Term, Erwin Chemerinsky, Marci A. Hamilton
Erwin Chemerinsky
No abstract provided.
Civil Rights Without Remedies: Vicarious Liability Under Title Vii, Section 1983, And Title Ix, Catherine Fisk, Erwin Chemerinsky
Civil Rights Without Remedies: Vicarious Liability Under Title Vii, Section 1983, And Title Ix, Catherine Fisk, Erwin Chemerinsky
Erwin Chemerinsky
The Supreme Court has taken an inconsistent approach to allowing vicarious liability under major civil rights statutes. In recent cases, the Court has permitted qualified vicarious liability for supervisors' sexual harassment under Title VII, but rejected vicarious liability under Title IX. Earlier, the Court rejected vicarious liability for local governments sued under Section 1983. In this Article, Professors Fisk and Chemerinsky describe the Court's inconsistent approaches and argue that they cannot bejustfied by the text or legislative history of these statutes. Professors Fisk and Chemerinsky argue that each of these statutes is meant to achieve the same purpose, deterring civil …
An Overview Of The October 2006 Supreme Court Term, Erwin Chemerinsky
An Overview Of The October 2006 Supreme Court Term, Erwin Chemerinsky
Erwin Chemerinsky
No abstract provided.
A Post-Race Equal Protection?, Trina Jones, Mario L. Barnes, Erwin Chemerinsky
A Post-Race Equal Protection?, Trina Jones, Mario L. Barnes, Erwin Chemerinsky
Erwin Chemerinsky
Most vividly demonstrated in the 2008 election of the first African-American President of the United States, post-race is a term that has been widely used to characterize a belief in the declining significance of race in the United States. Post-racialists, then, believe that racial discrimination is rare and aberrant behavior as evidenced by America’s pronounced racial progress. One practical consequence of a commitment to post-racialism is the belief that governments - both state and federal - should not consider race in their decision making. One might imagine that the recent explosion in post-racial discourse also portends a revised understanding of …