Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law (28)
- Civil Rights and Discrimination (19)
- Arts and Humanities (13)
- Constitutional Law (9)
- History (7)
-
- Social and Behavioral Sciences (7)
- Human Rights Law (4)
- Law and Race (4)
- Law and Society (4)
- Political Science (4)
- United States History (4)
- American Politics (3)
- Business Organizations Law (3)
- Education Law (3)
- Housing Law (3)
- Law and Gender (3)
- Legislation (3)
- Organizations Law (3)
- Supreme Court of the United States (3)
- African American Studies (2)
- American Studies (2)
- English Language and Literature (2)
- Health Law and Policy (2)
- International Law (2)
- Law and Economics (2)
- Legal Education (2)
- Legal History (2)
- Legal Profession (2)
- Litigation (2)
- Other Law (2)
- Institution
-
- William & Mary Law School (4)
- Florida A&M University College of Law (3)
- Seattle University School of Law (3)
- University of South Carolina (3)
- Loyola University Chicago, School of Law (2)
-
- University of Mississippi (2)
- West Virginia University (2)
- American University Washington College of Law (1)
- Bard College (1)
- Barry University School of Law (1)
- Boston University School of Law (1)
- Bucknell University (1)
- City University of New York (CUNY) (1)
- Georgetown University Law Center (1)
- Georgia Southern University (1)
- Liberty University (1)
- Murray State University (1)
- New York Law School (1)
- Swarthmore College (1)
- Syracuse University (1)
- Texas A&M University School of Law (1)
- University at Albany, State University of New York (1)
- University of Cincinnati College of Law (1)
- University of New Mexico (1)
- University of Pennsylvania Carey Law School (1)
- University of Pittsburgh School of Law (1)
- University of Southern Maine (1)
- University of Texas Rio Grande Valley (1)
- University of Wisconsin Milwaukee (1)
- University of the District of Columbia School of Law (1)
- Publication
-
- Faculty Scholarship (4)
- Journal Publications (3)
- Seattle University Law Review (3)
- Electronic Theses and Dissertations (2)
- Faculty Publications (2)
-
- Faculty Publications & Other Works (2)
- Honors College Theses (2)
- Law Faculty Scholarship (2)
- South Carolina Law Review (2)
- William & Mary Bill of Rights Journal (2)
- Ages 10-12 (1)
- All Faculty Scholarship (1)
- Articles & Chapters (1)
- Articles in Law Reviews & Other Academic Journals (1)
- Book Chapters (1)
- Dissertations - ALL (1)
- Faculty Articles and Other Publications (1)
- Faculty Journal Articles (1)
- Georgetown Law Faculty Publications and Other Works (1)
- History Faculty Publications and Presentations (1)
- History Honors Program (1)
- Menstrual Policies and the Bar (1)
- Open Educational Resources (1)
- Senior Projects Spring 2021 (1)
- South Carolina Libraries (1)
- Swarthmore Undergraduate History Journal (1)
- Theses and Dissertations (1)
- We Exist Series 2: Quotes (1)
- Publication Type
Articles 1 - 30 of 42
Full-Text Articles in Entire DC Network
Litigation, Legislation, And Love: The Comparative Efficacy Of Litigation And Legislation For The Expansion Of Lesbian, Gay, And Bisexual Civil Rights, Mallory Harrington
Litigation, Legislation, And Love: The Comparative Efficacy Of Litigation And Legislation For The Expansion Of Lesbian, Gay, And Bisexual Civil Rights, Mallory Harrington
Honors College Theses
This research examines the comparative efficacy of federal appellate court decisions and federal legislation with regards to the furtherance of civil rights on the basis of sexual orientation. The research examines efficacy based upon the number of measures which have been implemented as well as the content of each measure. The research examines federal appellate and Supreme Court decisions, as well as adopted pieces of federal legislation since 1950. It also examines the likely causes of the disparities in efficacy that are indicated in this analysis. The findings of this research indicate that litigation has been much more effective at …
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 …
Book Review: The Slow Undoing: The Federal Courts And The Long Struggle For Civil Rights In South Carolina, Sherry V. Neal
Book Review: The Slow Undoing: The Federal Courts And The Long Struggle For Civil Rights In South Carolina, Sherry V. Neal
South Carolina Libraries
Sherry Neal reviews The Slow Undoing: The Federal Courts and the Long Struggle for Civil Rights in South Carolina, written by Stephen H. Lowe.
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 …
The Emotional Heschel, Maria Junttila Carson
The Emotional Heschel, Maria Junttila Carson
Dissertations - ALL
This dissertation asserts that Heschel's work ought to be viewed as affective and emotional. Understanding Heschel's work as both creating and encouraging particular affects enables a more robust and fuller understanding of American Jewish postwar life. Specifically, American Jewish postwar life was animated by a nostalgia for the shtetl, a desire to connect with the State of Israel, a longing to create meaningful Jewish ritual, and uncertainty about the place of American Jews in broader social justice movements. Heschel views humans as interconnected in a web of affects and emotions; through affects, humans are connected to God, history and memory, …
The President And Individual Rights, Mark Tushnet
The President And Individual Rights, Mark Tushnet
William & Mary Bill of Rights Journal
No abstract provided.
Executive Unilateralism And Individual Rights In A Federalist System, Meredith Mclain, Sharece Thrower
Executive Unilateralism And Individual Rights In A Federalist System, Meredith Mclain, Sharece Thrower
William & Mary Bill of Rights Journal
Presidents have a wide array of tools at their disposal to unilaterally influence public policy, without the direct approval of Congress or the courts. These unilateral actions have the potential to affect a variety of individual rights, either profitably or adversely. Governors too can employ unilateral directives for similar purposes, often impacting an even wider range of rights. In this Article, we collect all executive orders and memoranda related to individual rights issued between 1981 and 2018 at the federal level, and across the U.S. states, to analyze their use over time. We find that chief executives of all kinds …
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 …
The Terrifying Convergence: A Legacy Of The U.S Far-Right’S Leaderless Resistance In The Twentieth Century, Ryan Szpicek
The Terrifying Convergence: A Legacy Of The U.S Far-Right’S Leaderless Resistance In The Twentieth Century, Ryan Szpicek
History Honors Program
A former Klansman and Aryan Nations ambassador named Louis Beam argued that right-wing activists would need to go to war with the U.S. federal government to preserve their culture. He updated an organizational theory known as “leaderless resistance” to prepare the right-wing militants for war. His version of leaderless resistance called for a decentralized communication network that allowed right-wing activists to exchange knowledge about engaging in independent violence. Aryan Nations brought leaderless resistance theory to life through their Aryan Liberty Network, which debuted in 1984 and enabled previously isolated right-wing groups in the United States to communicate with one another. …
The Little Man With The Big Mouth Stands Up For Wisconsin: George Wallace And The Political And Constitutional Struggles Between Federalism And Equal Protection In Wisconsin Elections From 1964 To 1976, Ben Hubing
Theses and Dissertations
Alabama Governor George Wallace ran for the presidency four times between 1964 and 1976, bringing his candidacy north of the Mason-Dixon Line to Wisconsin. Wallace’s campaign in the Badger State fostered a debate among residents regarding constitutional principles and values. Wallace weaponized federalism and states’ rights, arguing that the federal government should stay out of school segregation, promote law and order, restrict forced busing, and reduce burdensome taxation. White working-class Wisconsinites armed themselves with Wallace’s rhetoric, pushing back on social and political changes that threatened the status quo. Civil rights activists and the black community in Wisconsin armed themselves with …
Taxation And Racial Injustice In South Carolina, Jordan M. Wayburn
Taxation And Racial Injustice In South Carolina, Jordan M. Wayburn
South Carolina Law Review
No abstract provided.
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 …
From Camp Meetings To Crusades: African American Religious Songs In Context, Konner B. Smith
From Camp Meetings To Crusades: African American Religious Songs In Context, Konner B. Smith
Honors College Theses
The images found throughout African American religious songs are timeless, yet they reflect the realities of their particular historical and cultural contexts, explaining those circumstances from the view of the African American community. Despite the differences in sound, there is a strong sense of continuity between each era, as compositions from slave songs to rap use certain passages from scripture to emphasize the themes of freedom, hope, and perseverance. From the spiritual to the gospel to contemporary religious rap, both history and hope have been lifted up and transformed in the voices of oppressed and enduring African Americans.
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.
Media, Criminal Injustice, And The Black Freedom Struggle, Erin G. Turner
Media, Criminal Injustice, And The Black Freedom Struggle, Erin G. Turner
Swarthmore Undergraduate History Journal
Since the mid-20th century, media outlets have driven publicity for newsworthy events and shaped content for their receptive audiences. Commonly, massive movements seek publicity to attract attention and participation for protests, demonstrations, slogans, and unfortunate events. For instance, the black freedom struggle of the 1950s through the 1970s took advantage of their traumatic narratives of oppression to attract national and international attention. Many African Americans who experienced dastardly components of a racist criminal justice system were, in turn, earning respect and power from their freedom-seeking counterparts by commodifying the emotion that fueled black liberation efforts.[i] Media, therefore, became …
Conceptualizing Workplace Bullying As Abuse Of Office, Gail Schneebaum
Conceptualizing Workplace Bullying As Abuse Of Office, Gail Schneebaum
South Carolina Law Review
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 …
We Exist Series 2: Civil Rights Activism Quotes (Full Transcript), Usm Special Collections
We Exist Series 2: Civil Rights Activism Quotes (Full Transcript), Usm Special Collections
We Exist Series 2: Quotes
This is a full transcript of select quotes from the "Home Is Where I Make It" African American Oral History Project.
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 Virginia Company To Chick-Fil-A: Christian Business In America, 1600–2000, Joseph P. Slaughter
The Virginia Company To Chick-Fil-A: Christian Business In America, 1600–2000, Joseph P. Slaughter
Seattle University Law Review
This Article argues that the proprietors of what the author terms “Christian Business Enterprises” (CBEs) would strenuously disagree with Justice Ginsburg and assert that their express mission is to earn a profit while propagating their religious values. As such, they operate businesses “infused with religion,” where Christian values are interwoven into the very fabric of the company and how the firm relates to its stakeholders, employees, customers, suppliers, and communities.
This Article further demonstrates the rich heritage of religious for-profit businesses throughout American history by focusing on a series of Protestant CBEs that led to today’s CBE giants: Chick-fil-A and …
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 …
Severe Or Pervasive Should Not Mean Impossible And Unattainable: Why The "Severe Or Pervasive" Standard For A Claim Of Sexual Harassment And Discrimination Should Be Replaced With A Less Stringent And More Current Standard, Kristy D'Angelo-Corker
Faculty Scholarship
No abstract provided.
Shareholder Meetings And Freedom Rides: The Story Of Peck V. Greyhound, Harwell Wells
Shareholder Meetings And Freedom Rides: The Story Of Peck V. Greyhound, Harwell Wells
Seattle University Law Review
In 1947, civil rights pioneers James Peck and Bayard Rustin, members of the radical religious group, the Fellowship of Reconciliation, and its offshoot, the Congress of Racial Equality (CORE), prepared to embark on the Journey of Reconciliation, an interracial protest against segregated busing in the American South. But first, they did something else radical: they bought shares in a corporation. A year later, after their travels in the South had led to terror, death threats, beatings, and in Rustin’s case, a term on a chain gang, they brought their civil rights activism to a new site of protest—the shareholder meeting …
Power And Possibility In The Era Of Right To Counsel, Robust Rent Laws & Covid-19, Erica Braudy, Kim Hawkins
Power And Possibility In The Era Of Right To Counsel, Robust Rent Laws & Covid-19, Erica Braudy, Kim Hawkins
Articles & Chapters
New York City (NYC) finds itself in an unprecedented housing crisis as the coronavirus (COVID-19) pandemic reveals with devastating force that safe, sustainable and affordable housing is both a human right and a public health necessity. The profound humanitarian and economic devastation of COVID-19 puts millions of New Yorkers at risk of eviction especially those within Black and Latinx communities. In addition, the pandemic hit just as the legal landscape for tenants was transformed through landmark legislation ensuring the Right to Counsel in eviction proceedings and sweeping reforms of New York's rent laws. The unparalleled COVID-19 pandemic, the influx of …