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Articles 1 - 30 of 1205
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There And Back Again: Oklahoma’S Metanarrative As A Southern State, Kenneth P. Schell
There And Back Again: Oklahoma’S Metanarrative As A Southern State, Kenneth P. Schell
Doctoral Dissertations and Projects
The perspective to view Oklahoma as a Southern state where racial policy sets the tone for the land is not new, but previous scholarship argued that Oklahoma’s Southern foundation began during the period of statehood in 1907 and ceased following court and legislative action during the Civil Rights Era. This work argues that Oklahoma’s Southern turn commenced much earlier, during the Five Tribes' relocation to Indian Territory following the Indian Removal Act of 1830. This Southern base cemented itself in the very fabric of the land when the Five Tribes joined the Confederate States during the war for secession and, …
The Tragic Costs Of ‘Protecting’ Trans Youth, Kimberly Jade Norwood, Jaimie Hileman
The Tragic Costs Of ‘Protecting’ Trans Youth, Kimberly Jade Norwood, Jaimie Hileman
Scholarship@WashULaw
In the past few decades, our nation has made substantial progress on the rights of LGBTQ+ people. The legalization of gay marriage in Obergefell v. Hodges in 2015 was transformative for our nation. Just five years later, another huge victory was scored in Bostock v. Clayton County, Georgia, when the U.S. Supreme Court ruled that Title VII of the Civil Rights Act of 1964 protected gay and transgender people.
With every gain, backlash often follows. Three years after Bostock, a tsunami of anti-LGBTQ+ bills, and more specifically, anti-Trans bills, littered the nation. Hundreds of bills have been filed since Bostock, …
American Law In The New Global Conflict, Mark Jia
American Law In The New Global Conflict, Mark Jia
Georgetown Law Faculty Publications and Other Works
This Article surveys how a growing rivalry between the United States and China is changing the American legal system. It argues that U.S.-China conflict is reproducing, in attenuated form, the same politics of threat that has driven wartime legal development for much of our history. The result is that American law is reprising familiar patterns and pathologies. There has been a diminishment in rights among groups with imputed ties to a geopolitical adversary. But there has also been a modest expansion in rights where advocates have linked desired reforms with geopolitical goals. Institutionally, the new global conflict has at times …
Aequitas: Seeking Equilibrium In Title Ix, Raymond Trent Cromartie
Aequitas: Seeking Equilibrium In Title Ix, Raymond Trent Cromartie
Sturm College of Law: Faculty Scholarship
Over the past two decades, the scope of Title IX has expanded drastically and now includes the investigation and adjudication of sexual misconduct cases through campus tribunals. Beginning in 2011, the Obama Administration, through a “Dear Colleague Letter” and subsequent guidance, initiated this process by establishing guidelines that required schools to develop and implement policies and procedures for the handling of sexual misconduct cases. Following the publication of the Obama-era guidance, schools scrambled to ensure compliance with the federal guidance, which led to a myriad of applications by universities. Unfortunately, the fallout from the 2011 guidance was widespread litigation initiated …
2023 Robert Talbot Civil Rights Speaker Series, University Of Maine Alumni Association, Greater Bangor Area Branch Naacp
2023 Robert Talbot Civil Rights Speaker Series, University Of Maine Alumni Association, Greater Bangor Area Branch Naacp
Social Justice: Diversity, Equity, & Inclusion
Promotional email for "Maine's Path to Inclusion and Equity: Navigating the Challenges and Opportunities Ahead." The 2023 Robert Talbot Civil Rights Speaker is Rachel Talbot Ross, a highly respected, Maine-based Civil Rights advocate and leader. Talbot Ross is the first Black woman to serve in the Maine Legislature, and has been the Speaker of the Maine House of Representatives since December 2022, making her the highest ranking African-American politician in Maine history.
When Claims Collide: Students For Fair Admissions V. Harvard And The Meaning Of Discrimination, Cara Mcclellan
When Claims Collide: Students For Fair Admissions V. Harvard And The Meaning Of Discrimination, Cara Mcclellan
All Faculty Scholarship
This term, the Supreme Court will decide Students for Fair Admissions v. President and Fellows of Harvard College (SFFA v. Harvard), a challenge to Harvard College’s race-conscious admissions program. While litigation challenging the use of race in higher education admissions spans over five decades, previous attacks on race-conscious admissions systems were brought by white plaintiffs alleging “reverse discrimination” based on the theory that a university discriminated against them by assigning a plus factor to underrepresented minority applicants. SFFA v. Harvard is distinct from these cases because the plaintiff organization, SFFA, brought a claim alleging that Harvard engages in intentional discrimination …
The Intellectual And Diplomatic Discourse Of American Progressives And The Late Ottomans, 1830–1930, Brigitte Maricich Powell
The Intellectual And Diplomatic Discourse Of American Progressives And The Late Ottomans, 1830–1930, Brigitte Maricich Powell
Doctoral Dissertations and Projects
The American intellectual and diplomatic discourse with the late Ottoman Empire is an understudied field of history. Major works to date are primarily focused on the US relations with the Turkish Republic starting in 1924, which at best may highlight the Barbary Wars and the Treaties of 1830 and 1862 as a precursor. Few works offer, if any, a comprehensive insight into the diplomatic relationship that evolved between the US and the Near East from 1830 to 1930. This research is meant to fill the absence by probing into the service of key American diplomats and intellectuals who visited and …
Allen V. Milligan: Anticlassification And The Voting Rights Act, Graham Stinnett
Allen V. Milligan: Anticlassification And The Voting Rights Act, Graham Stinnett
Duke Journal of Constitutional Law & Public Policy Sidebar
The "crown jewel" of the Civil Rights Movement, the Voting Rights Act of 1965 has been called "one of the most effective statutes ever enacted." However, in 2013 the Supreme Court famously gutted the Voting Rights Act in Shelby County v. Holder. Nearly a decade later, in Allen v. Milligan, the Court is now signaling that Section 2, the last remaining core provision of the Voting Rights Act, could be on the chopping block. With Milligan, the Court may be preparing to inject race-neutrality into Section 2, which could destroy the vestiges of the onetime "super-statute."
This …
Understanding An American Paradox: An Overview Of The Racial Muslim: When Racism Quashes Religious Freedom, Spearit
Articles
In The Racial Muslim: When Racism Quashes Religious Freedom, Sahar Aziz unveils a mechanism that perpetuates the persecution of religion. While the book’s title suggests a problem that engulfs Muslims, it is not a new problem, but instead a recurring theme in American history. Aziz constructs a model that demonstrates how racialization of a religious group imposes racial characteristics on that group, imbuing it with racial stereotypes that effectively treat the group as a racial rather than religious group deserving of religious liberty.
In identifying a racialization process that effectively veils religious discrimination, Aziz’s book points to several important …
A Higher Synthesis: The Problem Of The Monument And A Radical Dr. King, A. E. Thibus
A Higher Synthesis: The Problem Of The Monument And A Radical Dr. King, A. E. Thibus
Belmont University Research Symposium (BURS)
This paper attempts to tackle state revisionism of monumental figures in American history through the case of Martin Luther King Jr., a radical who has been reimagined and whitewashed through conservative efforts for political purposes. I use examples of other historically revised prominent figures by the state to demonstrate the phenomenon. King's case can be connected to Derrick Bell and Critical Race Theory (CRT), an obscure legal study and fellow victim of conservative revisionism. I explore the history of CRT and show how the backsliding of the United States government coincides with a factitious honoring of diversity through cleansed figures …
Blame The Victim: How Mistreatment By The State Is Used To Legitimize Police Violence, Tamara Rice Lave
Blame The Victim: How Mistreatment By The State Is Used To Legitimize Police Violence, Tamara Rice Lave
Articles
No abstract provided.
Civil Rights, Firearm Safety, And Environmental Protection Policies Predict Better Health Among U.S. Midlife Adults, Blakelee R. Kemp, Jacob M. Grumbach, Jennifer Karas Montez
Civil Rights, Firearm Safety, And Environmental Protection Policies Predict Better Health Among U.S. Midlife Adults, Blakelee R. Kemp, Jacob M. Grumbach, Jennifer Karas Montez
Population Health Research Brief Series
Americans suffer worse health and shorter lives than do people in most other high-income countries. The poor health and early death of many Americans are pronounced in certain states. One explanation may be the dramatic changes in the policy environment in recent decades, particularly the polarization in state policies. This research brief examines the association between several state policies and self-rated health among adults ages 45-64 from 1993 to 2016. Findings show that more liberal versions of certain state policies, namely civil rights, firearm safety, and environmental protection are associated with better health.
The Federal Elections Bill And The End Of Reconstruction In 1890, Elisa Hink
The Federal Elections Bill And The End Of Reconstruction In 1890, Elisa Hink
Calvert Undergraduate Research Awards
The Reconstruction Era within U.S. History is (generally) defined as commencing in 1865 and ending in 1877; however, the social, cultural, and political impact of this time in the nation’s history suggests that its ending is less tidy. Those who worked both for and against the progressive goals of Reconstruction continued their efforts beyond 1877. The Federal Elections Bill of 1890 was written with intent by the remaining Reconstruction Republicans to provide federal oversight to elections, which had become a primary target of Democrats in the former Confederate states as they regained their power. Efforts within these states to prevent …
Name And Shame: How International Pressure Allows Civil Rights Activists To Incorporate Human Rights Norms Into American Jurisprudence, Lily Talerman
Name And Shame: How International Pressure Allows Civil Rights Activists To Incorporate Human Rights Norms Into American Jurisprudence, Lily Talerman
Duke Journal of Constitutional Law & Public Policy Sidebar
The United States has ratified international human rights treaties sparingly. Where it has ratified, it has provided such a large number of reservations that the treaties’ domestic effects are effectively nullified. Even though international human rights law has not been directly incorporated into American jurisprudence, however, international human rights norms have greatly affected civil rights provisions in the United States by naming and shaming American civil rights abuses. Recognizing the relatively low success rate of tackling systemic racism in the United States through treaty implementation, this Note instead argues that naming and shaming American civil and human rights abuses more …
Examining Civil Rights Litigation Reform, Part I: Qualified Immunity, Alexander A. Reinert
Examining Civil Rights Litigation Reform, Part I: Qualified Immunity, Alexander A. Reinert
Testimony
The U.S. House Judiciary Subcommittee on the Constitution, Civil Rights and Civil Liberties issued the following testimony by Alexander A. Reinert, professor of litigation and advocacy at Benjamin N. Cardozo School of Law, involving a hearing on March 31, 2022, entitled "Examining Civil Rights Litigation Reform, Part 1: Qualified Immunity."
Deflect, Delay, Deny: A Case Study Of Segregation By Law School Faculty, Briana Rosenbaum
Deflect, Delay, Deny: A Case Study Of Segregation By Law School Faculty, Briana Rosenbaum
Scholarly Works
Many histories of school desegregation litigation center on the natural protagonists, such as the lawyers and plaintiffs who fought the status quo. Little attention is paid to the role that individual faculty members played in the perpetuation of segregated legal education. When the antagonists in the historiographies do appear, it is usually as anonymous individuals and groups. Thus, “the Board of Regents” refused to change its policy and “the University” denied a person’s application.
But recently discovered and rarely accessed historic documents provide proof of the direct role that some law school faculty members played in the perpetuation of segregation. …
Separate But Free, Joshua E. Weishart
Separate But Free, Joshua E. Weishart
Law Faculty Scholarship
“Separate but equal” legally sanctioned segregation in public schools until Brown. Ever since, separate but free has been the prevailing dogma excusing segregation. From “freedom of choice” plans that facilitated massive resistance to desegregation to current school choice plans exacerbating racial, socioeconomic, and disability segregation, proponents have venerated parental freedom as the overriding principle.
This Article contends that, in the field of public education, the dogma of separate but free has no place; separate is inherently unfree. As this Article uniquely clarifies, segregation deprives schoolchildren of freedom to become equal citizens and freedom to learn in democratic, integrated, …
Civil Rights Enforcement And Fair Housing At The Environmental Protection Agency, Jennifer Thomson
Civil Rights Enforcement And Fair Housing At The Environmental Protection Agency, Jennifer Thomson
Faculty Journal Articles
This article analyzes the EPA within the broader history of federally-sponsored residential segregation, as well as the criminalization of and disinvestment from urban areas contemporaneous with the agency’s founding. It offers a detailed analysis of EPA’s first decade of recalcitrance regarding its own obligations under Title VI of the 1964 Civil Rights Act and Title VII of the 1968 Fair Housing Act. The EPA developed a pattern of responding to scrutiny by rearranging its internal office structure and launching new initiatives tangential to the substantive issues of civil rights. Through this detailed interpretation, the article demonstrates how EPA’s first ten …
The Expressive Fourth Amendment, Karen Pita Loor
The Expressive Fourth Amendment, Karen Pita Loor
Faculty Scholarship
After the eight-minute and forty-six second video of George Floyd’s murder went viral, cities across the United States erupted in mass protests with people outraged by the death of yet another Black person at the hands of police. The streets were flooded for months with activists and community members of all races marching, screaming, and demonstrating against police brutality and for racial justice. Police—like warriors against enemy forces—confronted overwhelmingly peaceful protesters with militarized violence and force. Ultimately, racial justice protesters and members of the media brought lawsuits under section 1983 of the Civil Rights Act in the district courts of …
A Scapegoat Theory Of Bivens, Katherine Mims Crocker
A Scapegoat Theory Of Bivens, Katherine Mims Crocker
Faculty Publications
Some scapegoats are innocent. Some warrant blame, but not the amount they are made to bear. Either way, scapegoating can allow in-groups to sidestep social problems by casting blame onto out-groups instead of confronting such problems--and the in-groups' complicity in perpetuating them--directly.
This Essay suggests that it may be productive to view the Bivens regime's rise as countering various exercises in scapegoating and its retrenchment as constituting an exercise in scapegoating. The earlier cases can be seen as responding to social structures that have scapegoated racial, economic, and other groups through overaggressive policing, mass incarceration, and inequitable government conduct more …
Reconsidering Section 1983'S Nonabrogation Of Sovereign Immunity, Katherine Mims Crocker
Reconsidering Section 1983'S Nonabrogation Of Sovereign Immunity, Katherine Mims Crocker
Faculty Publications
Motivated by civil unrest and the police conduct that prompted it, Americans have embarked on a major reexamination of how constitutional enforcement works. One important component is 42 U.S.C. § 1983, which allows civil suits against any "person" who violates federal rights. The U.S. Supreme Court has long held that "person" excludes states because Section 1983 flunks a condition of crystal clarity.
This Article reconsiders that conclusion--in legalese, Section 1983's nonabrogation of sovereign immunity--along multiple dimensions. Beginning with a negative critique, this Article argues that because the Court invented the crystal-clarity standard so long after Section 1983's enactment, the caselaw …
Not My Problem? Landlord Liability For Tenant-On-Tenant Harassment, Aric Short
Not My Problem? Landlord Liability For Tenant-On-Tenant Harassment, Aric Short
Faculty Scholarship
Tenant-on-tenant harassment because of a victim’s race, gender, or other protected status, is a severe and increasingly widespread problem often targeting vulnerable tenants. The creation of a hostile housing environment violates the federal Fair Housing Act (FHA), and victims may recover from their abusers, whether they are landlords or fellow tenants. But plaintiffs in two recent FHA lawsuits sought recovery from their landlords for something different: their landlords’ failure to intervene in and stop harassment committed by other tenants. These suits raise novel and important questions about the scope of the FHA, but the two courts disagreed about how the …
Health Care Civil Rights Under Medicare For All, Valarie K. Blake
Health Care Civil Rights Under Medicare For All, Valarie K. Blake
Law Faculty Scholarship
The passage of Medicare for All would go a long way toward curing the inequality that plagues our health care system along racial, sex, age, health status, disability, and socioeconomic lines. Yet, while laudably creating a universal right to access to health care, Medicare for All may inadvertently dampen civil rights protections that are necessary to ensure equality in health care delivery, an outcome its creators and supporters surely would not intend.
Federal money is typically requisite for civil rights enforcement. Title VI, Title IX, and the Age Discrimination Act of 1975 all apply to recipients of federal financial assistance. …
Punishing Bar Exam Policies On Menstrual Products Must Go, Elizabeth B. Cooper, Margaret E. Johnson, Marcy L. Karin
Punishing Bar Exam Policies On Menstrual Products Must Go, Elizabeth B. Cooper, Margaret E. Johnson, Marcy L. Karin
Menstrual Policies and the Bar
No abstract provided.
The Battle Of Brandy Creek: How One Black Community Fought Annexation, Tax Revaluation, And Displacement, Mark Dorosin
The Battle Of Brandy Creek: How One Black Community Fought Annexation, Tax Revaluation, And Displacement, Mark Dorosin
Journal Publications
The Brandy Creek community is a working class, Black neighborhood located just east of I-95, south of Weldon, North Carolina.' In 2005, this rural neighborhood and its surrounding land were legislatively annexed into the city of Roanoke Rapids as part of a planned economic development project. The decision to pursue legislative annexation allowed city officials to bypass the statutory notice and municipal service requirements of a city-initiated, involuntary annexation. Residents were never informed of Roanoke Rapids' intent to annex the community and had no opportunity to voice their opinions on the issue to town officials. In fact, the community first …
U.S. Government And Politics In Principle And Practice: Democracy, Rights, Freedoms And Empire, Samuel Finesurrey, Gary Greaves
U.S. Government And Politics In Principle And Practice: Democracy, Rights, Freedoms And Empire, Samuel Finesurrey, Gary Greaves
Open Educational Resources
This book is written for students early in college to provide a guide to the founding documents and structures of governance that form the United States political system. This book is called American Government and Politics in Principle and Practice because you will notice that what has been inscribed in law has not always been applied in practice-particularly for indigenous peoples, enslaved peoples, people of color, women, LGBTQIA+, people with disabilities, those formerly incarcerated, immigrants and the working class within U.S. society. In designing this book, we have two goals. First, we want you to know what the founding documents …
Enforcement Of The Reconstruction Amendments, Alexander Tsesis
Enforcement Of The Reconstruction Amendments, Alexander Tsesis
Faculty Publications & Other Works
This Article systematically analyzes the delicate balance of congressional and judicial authority granted by the Reconstruction Amendments. The Thirteenth, Fourteenth, and Fifteenth Amendments vest Congress with powers to enforce civil rights, equal treatment, and civic participation. Their reach extends significantly beyond the Rehnquist and Roberts Courts’ narrow construction of congressional authority. In recent years, the Court has struck down laws that helped secure voter rights, protect religious liberties, and punish age or disability discrimination. Those holdings encroach on the amendments’ allocated powers of enforcement.
Textual, structural, historical, and normative analyses provide profound insights into the appropriate roles of the Supreme …
Enforcement Of The Reconstruction Amendments, Alexander Tsesis
Enforcement Of The Reconstruction Amendments, Alexander Tsesis
Faculty Publications & Other Works
This Article systematically analyzes the delicate balance of congressional and judicial authority granted by the Reconstruction Amendments. The Thirteenth, Fourteenth, and Fifteenth Amendments vest Congress with powers to enforce civil rights, equal treatment, and civic participation. Their reach extends significantly beyond the Rehnquist and Roberts Courts’ narrow construction of congressional authority. In recent years, the Court has struck down laws that helped secure voter rights, protect religious liberties, and punish age or disability discrimination. Those holdings encroach on the amendments’ allocated powers of enforcement.
Textual, structural, historical, and normative analyses provide profound insights into the appropriate roles of the Supreme …
The Role Of Lawyers In Bridging The Gap Between The Robust Federal Rights To Education And Relatively Low Education Outcomes In Guatemala, Maryam Ahranjani
The Role Of Lawyers In Bridging The Gap Between The Robust Federal Rights To Education And Relatively Low Education Outcomes In Guatemala, Maryam Ahranjani
Faculty Scholarship
Relative to other countries in the world and in Central America, the Guatemalan Constitution and the federal education law include a robust and detailed right to education. However, literacy rates and secondary educational attainment, particularly for Indigenous people and young women living in rural communities, remain low. The COVID-19 pandemic has only exacerbated disparities. Once children return to schools after the pandemic, the gaps will be even larger. Lawyers can play a critical role in making the strong Constitutional right to education more meaningful.
The Strange Career Of The Three-Judge District Court: Federalism And Civil Rights, 1954-76, Michael E. Solimine
The Strange Career Of The Three-Judge District Court: Federalism And Civil Rights, 1954-76, Michael E. Solimine
Faculty Articles and Other Publications
The three-judge district court has had a long and strange career in the history of the federal court system. Congress created the court in 1910 as a response to the canonical decision of Ex parte Young two years earlier, which permitted federal court suits against state officials to facilitate constitutional challenges to state laws. The three-judge court statute was a reaction by Progressive Era politicians to such perceived judicial overreach, and required any such challenges to be brought before a specially convened trial court of three judges, with a direct appeal to the Supreme Court available. First established as a …