Digital Commons Network^™

Facial Recognition In Law Enforcement, Cameron Martin

Seattle Journal for Social Justice

No abstract provided.

Schools’ Civil Rights Obligations To English Learners: Leadership Perceptions On Key Issues, Pamela R. Schwallier

Dissertations

English Learners (ELs), who now represent nearly 10% of all K-12 public school students, 4.8 million of who speak over 400 different languages and dialects, continue to lack equitable educational opportunities as demonstrated through gaps in achievement outcomes, poor graduation rates, and identified systemic barriers related to the intersectionality of language, culture, race, and racism (Crump, 2014; DeMatthews & Izquierdo, 2017; Menken & Solorza, 2015; Morita-Mullaney, 2018; National Clearinghouse for English Language Acquisition [NCELA], 2015, 2018). This quantitative study captured over 800 K-12 educational leaders’ perspectives, via an anonymous electronic survey, on key issues regarding equitable programs for ELs that …

Telehealth And Telework Accessibility In A Pandemic-Induced Virtual World, Blake Reid, Christian Vogler, Zainab Alkebsi

University of Colorado Law Review Forum

This short essay explores one dimension of disability law’s COVID-related “frailty”: how the pandemic has undermined equal access to employment and healthcare for Americans who are deaf or hard of hearing as healthcare and employment migrate toward telehealth and telework activities. This essay’s authors—a clinical law professor; a computer scientist whose research focuses on accessible technology; and a deaf policy attorney for the nation’s premier civil rights organization of, by, and for deaf and hard of hearing individuals in the United States—have collaborated over the past months on detailed advocacy documents aimed at helping deaf and hard of hearing patients …

Pursuing Diversity: From Education To Employment, Amy L. Wax

All Faculty Scholarship

A central pillar of the Supreme Court’s educational affirmative-action jurisprudence is that the pedagogical benefits of being educated with students from diverse backgrounds are sufficiently “compelling” to justify some degree of race-conscious selection in university admissions.

This essay argues that the blanket permission to advance educational diversity, defensible or not, should not be extended to employment. The purpose of the workplace is not pedagogical. Rather, employees are hired and paid to do a job, deliver a service, produce a product, and complete specified tasks efficiently and effectively. Whether race-conscious practices for the purpose of creating a more diverse workforce will …

Green Thumbs: Cultivating Greenery And Personal Freedoms In Miné Okubo’S Citizen 13660 And Lorraine Hansberry’S A Raisin In The Sun, Akasha L. Khalsa

Conspectus Borealis

In her classic 1959 play, A Raisin in the Sun, Lorraine Hansberry explores the impacts of generations of violence, exploitation, and discrimination on an African American family in Chicago’s Southside. Throughout the play, a family house plant comes to symbolize the matriarch's hopes for her children, and her ability to nourish the plant reflects on her ability to fulfil her own modest dreams and provide for the dreams of her progeny. Similarly, we see plants fulfilling the same role in another tale of American racial injustice, namely Miné Okubo’s Citizen 13660, an illustrated personal account of the artist’s experience …

The Support-Or-Advocacy Clauses, Richard Primus, Cameron O. Kistler

Fordham Law Review

Two little known clauses of a Reconstruction-era civil rights statute are potentially powerful weapons for litigators seeking to protect the integrity of federal elections. For the clauses to achieve their potential, however, the courts will need to settle correctly a contested question of statutory interpretation: do the clauses create substantive rights, or do they merely create remedies for substantive rights specified elsewhere? The correct answer is that the clauses create substantive rights.

"White Men's Roads Through Black Men's Homes": Advancing Racial Equity Through Highway Reconstruction, Deborah N. Archer

Vanderbilt Law Review

Racial and economic segregation in urban communities is often understood as a natural consequence of poor choices by individuals. In reality, racially and economically segregated cities are the result of many factors, including the nation’s interstate highway system. In states around the country, highway construction displaced Black households and cut the heart and soul out of thriving Black communities as homes, churches, schools, and businesses were destroyed. In other communities, the highway system was a tool of a segregationist agenda, erecting a wall that separated White and Black communities and protected White people from Black migration. In these ways, construction …

Anti-State Criminal Violence As Civil Defense, Tyler S. Thomas

All Graduate Theses and Dissertations, Spring 1920 to Summer 2023

Anti-state criminal violence is a puzzle. Criminal organizations should avoid violent interactions with the state, yet in several countries like Brazil, Mexico, and Colombia there has been widespread anti-state violence orchestrated by organized criminal groups for the past 25 years. Why?

Building on existing literature, I develop a theory with which to explain anti-state criminal violence. I argue that organized crime is more likely to commit anti-state violence when state enforcement agents commit a serious grievance against the local population with whom the criminals share a social identity. I develop this theory using the case of the Michoacán Family, later …

Strategies For Equitable Access: Identifying Benefits And Strategies For Creating Integrated Public Schools, Annotated Examples Of Current School District Enrollment Practices, And Resources For Further Exploration, Lisa A. Gooden

Faculty Works

Prepared for the Equity Oriented Strategic Planning Committee for Kansas City Public Schools. Includes a summary of the benefits of integrated schools, strategies for creating equitable schools, annotated examples of current practices employed by public school districts in the United States to foster equitable access to education, and list of links to additional resources for further reading.

Getting At The Root Instead Of The Branch: Extinguishing The Stereotype Of Black Intellectual Inferiority In American Education, A Long-Ignored Transitional Justice Project, Camille Lamar Campbell

Faculty Scholarship

No abstract provided.

Toward Establishing A Pre-Extinction Definition Of 'Nationwide Injunctions', Portia Pedro

Faculty Scholarship

Some define “nationwide injunctions” as injunctions with: (1) no geographic limitations and (2) benefits to people beyond named plaintiffs or plaintiff classes. In this Article, I pose several questions central to figuring out what these so-called “nationwide injunctions” are. I argue that continuing to debate about injunctions in isolation from any developed, conceptual framework leads to potentially misguided arguments. The balance of criticisms regarding the targeted injunctions involve issues that are structural, jurisprudential, prudential, and formalist in ways that would curtail “nationwide injunctions” to protect Article II actors, to the relative detriment of those injured by Article II actors. There …

Good Initiative, Bad Judgement: The Unintended Consequences Of Title Ix's Proportionality Standard On Ncaa Men's Gymnastics And The Transgender Athlete, Jeffrey Shearer

Pace Intellectual Property, Sports & Entertainment Law Forum

Title IX fails to provide the tools or guidelines necessary to equalize opportunities for all student athletes in the collegiate setting despite the government’s continuous effort to explain the law. This failure is because judicial precedent has largely developed around the binary proportionality test of compliance. Title IX was originally intended to equalize educational opportunities for male and female students in order to remedy past discrimination in our society. However, the application of Title IX has frequently created fewer opportunities in athletics due to the unintended relationship between the proportionality standard and the social phenomenon that is the commercialization of …

A New Compact For Sexual Privacy, Danielle K. Citron

Faculty Scholarship

Intimate life is under constant surveillance. Firms track people’s periods, hot flashes, abortions, sexual assaults, sex toy use, sexual fantasies, and nude photos. Individuals hardly appreciate the extent of the monitoring, and even if they did, little can be done to curtail it. What is big business for firms is a big risk for individuals. The handling of intimate data undermines the values that sexual privacy secures—autonomy, dignity, intimacy, and equality. It can imperil people’s job, housing, insurance, and other crucial opportunities. More often, women and minorities shoulder a disproportionate amount of the burden.

Privacy law is failing us. Our …

Reconstructing Liberty, Equality, And Marriage: The Missing Nineteenth Amendment Argument, Nan D. Hunter

Georgetown Law Faculty Publications and Other Works

The social movement that led to adoption of the Nineteenth Amendment sought not only women’s right to vote but also the end to a system of marriage law based on coverture. Under coverture, married women were deprived of property and contract rights and were de jure subservient to their husbands. Coverture also provided the predicate for denial of the vote. The model voter was the independent yeoman or worker able to express his own interests in a democratic system. Women were thought to be properly confined to the domestic sphere and dependent on their husbands, who were presumed to vote …

Blacklisted But Not Defeated: Jack Foner Returned To Academe After 30 Years And Made Colby A Leader In African-American Studies, Gerry Boyle

Colby Magazine

Colby hired Jack Foner and in a single stroke, a then nearly all-white liberal arts college in Maine became home to one of the first African-American Studies programs in the country.

Protecting The Image Of A Nation: Jim Crow Propaganda, Kevin Leaven

Masters Theses, 2020-current

This project investigates how the United States Information Agency (USIA) functioned as a propaganda machine on behalf of the United States government at the dawn of the Cold War and the Civil Rights Movement. Drawing from literature on propaganda, public relations, and public diplomacy, this thesis connects 20^th century American propaganda to its roots in public relations, communication studies, and psychology.

The Civil Rights movement exposed the cultural inertia of white supremacy in America for the world to see while American foreign policy makers sought to crystallize a cultural hegemony fashioned after American political, cultural, and economic systems. Although …

"A Phenomenon To Monitor:" Racial Discrimination At Nasa, 1974-1985, Ruth Joy Calvino

All Theses

As NASA propelled mankind beyond the limits of the earth, women and African American employees fought against discriminatory structures and systems within the agency. Since its inception, NASA administrators and NASA’s black employees had a tenuous relationship. Black employees did not trust their supervisors, NASA Equal Employment Opportunity staff, or the discrimination reporting processes. Utilizing the case files of the class action lawsuit MEAN v Fletcher, new oral interviews, NASA EEO and administrative archives, and US Congressional hearings, this thesis argues that NASA was structurally and systemically racially discriminatory. NASA’s problems were similar to those at other technological agencies, both …

Masterpiece Cakeshop'S Homiletics, Marc Spindelman

Cleveland State Law Review

Viewed closely and comprehensively, Masterpiece Cakeshop, far from simply being the narrow, shallow, and modest decision many have taken it to be, is a rich, multi-faceted decision that cleaves and binds the parties to the case, carefully managing conflictual crisis. Through a ruling for a faithful custom-wedding-cake baker against a state whose legal processes are held to have been marred by anti-religious bias, the Court unfolds a cross-cutting array of constitutional wins and losses for cultural conservatives and traditional moralists, on the one hand, and for lesbians and gay men and their supporters committed to civil and equal rights, …

Privileged Violence, Principled Fantasy, And Feminist Method: The Colby Fraternity Case, Martha T. Mccluskey

Maine Law Review

Colby College banned fraternities and sororities in 1984 after many years of unsuccessfully attempting to improve fraternity behavior. Sexual harassment and sex discrimination were major reasons for the college's decision. At first the college withheld official recognition of and financial benefits to the fraternities. Membership in fraternities was not punished, although Colby established a policy prohibiting any participation in fraternities. The college had hoped that without houses, financing, and other support from the administration, the fraternities would disband—particularly once all students who had belonged to the officially sanctioned groups had graduated. Although the sororities soon dissolved, most of the male …

The Superfluous Fifteenth Amendment?, Travis Crum

Northwestern University Law Review

This Article starts a conversation about reorienting voting rights doctrine toward the Fifteenth Amendment. In advancing this claim, I explore an unappreciated debate—the “Article V debate”—in the Fortieth Congress about whether nationwide black suffrage could and should be achieved through a statute, a constitutional amendment, or both. As the first significant post-ratification discussion of the Fourteenth Amendment, the Article V debate provides valuable insights about the original public understandings of the Fourteenth and Fifteenth Amendments and the distinction between civil and political rights.

The Article V debate reveals that the Radical Republicans’ initial proposal for nationwide black suffrage included both …

Crisis? Whose Crisis?, Jack M. Beermann

Faculty Scholarship

Every moment in human history can be characterized by someone as “socially and politically charged.” For a large portion of the population of the United States, nearly the entire history of the country has been socially and politically charged, first because they were enslaved and then because they were subjected to discriminatory laws and unequal treatment under what became known as “Jim Crow.” The history of the United States has also been a period of social and political upheaval for American Indians, the people who occupied the territory that became the United States before European settlement. Although both African-Americans and …

The Expansive Reach Of Pretrial Detention, Paul Heaton

All Faculty Scholarship

Today we know much more about the effects of pretrial detention than we did even five years ago. Multiple empirical studies have emerged that shed new light on the far-reaching impacts of bail decisions made at the earliest stages of the criminal adjudication process. The takeaway from this new generation of studies is that pretrial detention has substantial downstream effects on both the operation of the criminal justice system and on defendants themselves, causally increasing the likelihood of a conviction, the severity of the sentence, and, in some jurisdictions, defendants’ likelihood of future contact with the criminal justice system. Detention …

Popular Education In The Civil Rights Movement: Bridging Depth And Scale, Amanda Altman

Dissertations, Theses, and Capstone Projects

This thesis looks at the question of how the direct actions of the civil rights movement worked synergistically with grassroots educational projects like the Citizenship Schools. This thesis makes the case that the lesser-known history of the popular education work of the civil rights movement provides important clues as to why activists were able to organize mass mobilizations and formulate increasingly transformative strategies for change, like the rise of the Freedom Democratic Party. I look at the popular education work of the civil rights movement through an in-depth case study of the Citizenship Schools. The Citizenship Schools were a network …

Voting Matters, Wendy K. Mariner

Faculty Scholarship

Elections have consequences—especially for civil rights, social justice, and human rights.

The year 2020 brings another round of elections for president, legislators, governors, secretaries of state, attorneys general, district attorneys, mayors, city council members, school committee members, and even judges. Our elected officials and their appointees decide who pays how much in taxes, what our taxes pay for, what kind of education our children get, what counts as a crime, what agricultural products are subsidized, what the minimum wage shall be, how to conduct the census, who is eligible for Medicaid, SNAP, and WIC benefits, who is admitted into the …

"With Malice Towards None": The Springfield, Illinois Race Riot Of 1908, Andrew Carlson

The Gettysburg Historical Journal

On Saturday, March 4th, 1865, a tall man with dark, tussled hair and a beard, dressed in a large great coat with top hat removed, stood on the portico of the Capitol Building in Washington, D.C., addressing the large crowd that had gathered to hear him speak. These civilians crowded near to the balcony, not only to hear the speaker but also to fend off the cold, leftover from the rain of the preceding weeks. After briefly discussing the issues of civil war and slavery, he appealed to the Almighty for assistance and closed with these now familiar lines: "With …

“We Are Worried Mothers:” A Panel Of “Ordinary South Africans” On Us Capitol Hill, Myra Ann Houser

Articles

In 1986, a “panel of ordinary South Africans” addressed members of the US Congress. Their visit did not command as much attention as would the visit of (future president) Nelson Mandela in 1990 or as did (former prime minister) Jan Smuts in 1930. Yet, for an increasing number of Americans watching closely, it represented a momentous public rebuttal to apartheid. The visit responded to ongoing celebrity protests and built public support for sanctions. While many Americans instigating “designer arrests” believed that they spoke for South Africans, in 1986, physicians, activists, and children who had faced detention spoke for themselves on …

Book Review: The Making Of Black Lives Matter: A Brief History Of An Idea, Joni Schwartz

Publications and Research

Review of the book The Making of Black Lives Matter: A Brief History of an Idea (2017) by Christopher J. Lebron.

"A New Era In Building": African American Educational Activism In Goochland County, Virginia, 1911-32, Brian J. Daugherity, Alyce Miller

History Publications

An examination of African American educational activism in the early twentieth century in Goochland County, Virginia, including the Rosenwald school building program.

Foreword, Honorable Nathaniel R. Jones

Freedom Center Journal

The articles in this issue of The Freedom Center Journal are timely challenges to the persistent efforts to undermine the American values enshrined in the Preamble of the Constitution and the body of the Constitution itself with its three Civil War Amendments.

The student editors of this volume intended the selected contributions to offer readers a nuanced view of our nation’s current identity crisis. The collection is offered in the hope that it will encourage further thinking and discussion about what it means to be part of the American experiment with democratic self-governance in an age of resurgent white supremacy.

Discrimination, The Speech That Enables It, And The First Amendment, Helen Norton

Publications

Imagine that you’re interviewing for your dream job, only to be asked by the hiring committee whether you’re pregnant. Or HIV positive. Or Muslim. Does the First Amendment protect your interviewers’ inquiries from government regulation? This Article explores that question.

Antidiscrimination laws forbid employers, housing providers, insurers, lenders, and other gatekeepers from relying on certain characteristics in their decision-making. Many of these laws also regulate those actors’ speech by prohibiting them from inquiring about applicants’ protected class characteristics; these provisions seek to stop illegal discrimination before it occurs by preventing gatekeepers from eliciting information that would enable them to discriminate. …