Digital Commons Network^™

Why Gays Should Not Serve In The United States Armed Forces: A Gay Liberationist Statement Of Principle, Shannon Gilreath

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

"Better Dead Than Co-Ed"? Transgender Students At An All-Women's College, Laura Minsun Brymer

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Jackson, Mississippi, Contested: The Allied Struggle For Civil Rights And Human Dignity, Matthew David Monroe

Master's Theses

Utilizing monthly reports and correspondence of civil rights organizations, in addition to newspaper coverage, oral histories, and memoirs, this study shows that a grassroots, community-driven movement mobilized in Mississippi’s capital to challenge institutionalized discrimination. Yet, racial identity did not dictate exclusively how White and Black Mississippians responded to the unfolding Civil Rights Movement. Conflicting and shifting motivations shaped the nature, extent, and pace by which Blacks and Whites challenged or protected status quo discrimination. The Jackson Movement began as early as 1955 and sustained protest activity into the 1960s. By the summer of 1965, Jackson’s Black community secured most of …

Forever Free: The Dakota People's Civil War, John M. Rudy

Interpreting the Civil War: Connecting the Civil War to the American Public

As I mentioned last week, I left Fort Snelling after our tour as part of the National Association for Interpretation annual conference unfulfilled. The potential for high-drama and deeply meaningful connections was palpable on that landscape. The audience, a crowd of interpreters, were begging for meanings. One African American woman in the group, after the site administrator mentioned in passing Dred and Harriet Scott being held at the site, asked about the nature of the labor used to build the fort. I was sitting in the row behind her. I could not see her face. But from the inflection in …

Case 11cv773 In U.S. Dist. Court, Western Wisconsin, By C. Cooper, Christopher C. Cooper Dr., Attorney

Christopher C. Cooper Dr.

COMPLAINT FOR INJUNCTIVE RELIEF; DECLARATORY RELIEF & MONETARY DAMAGES

Plaintiffs, “D” by and through KURTIS B., as father and next friend, JENNIFER B. and KURTIS B., by and through undersigned counsel, and complaining of the Defendants, JAMES KOPP, sued in his individual capacity (hereinafter “KOPP”), JAN MORAVITS, sued in her individual capacity (hereinafter “MORAVITS”) and LISA RINIKER, sued in her individual capacity (hereinafter “RINIKER”), state as follows:

NATURE OF COMPLAINT & SYNOPSIS

This is primarily a 42 U.S.C. §1983 action in which a 6 year-old child identified as "D", joined by his parents, allege violations of their U.S. 1st, 4th, …

A Public Calling: Lessons From The Lives Of Judges Of Color In Pennsylvania, Phoebe A. Haddon

Phoebe A. Haddon

This paper discusses how Judge Clifford Scott Green, Judge William Marutani, and Judge Juanita Kidd Stout spent their lives as leaders in the law to illustrate the ideal of a "public calling."

Consensual Amorous Relationships Between Faculty And Students: The Constitutional Right To Privacy, Elisabeth A. Keller

Elisabeth Keller

Surveys of college students in the United States revealed that a significant number of students thought they had been victims of some form of sexual harassment. Growing awareness of the magnitude, dimensions, and effects of sexual harassment at educational institutions and the potential for institutional liability have prompted educators to adopt policies to avert such problems. The policies typically prohibit sexual harassment of employees and students and alert the university community to the serious effects of sexual harassment and the potential for student exploitation. Some universities have gone beyond establishing regulations directed at widely litigated problems of sexual harassment and …

Hidden In Plain Sight: Achieving More Just Results In Hostile Work Environment Sexual Harassment Cases By Re-Examining Supreme Court Precedent, Elisabeth A. Keller, Judith B. Tracy

Elisabeth Keller

Lower federal courts often fail to provide plaintiffs in sexual harassment cases the relief intended by Title VII of the Civil Rights of 1964 and mandated by the Supreme Court when it recognized the cause of action twenty years ago. There is little doubt that sexual harassment in the workplace persists. However, lower courts misapply or ignore Supreme Court reasoning that would result in fairer and more consistent dispositions in hostile work environment sexual harassment cases. This article draws directly on reasoning from the Supreme Court cases to explain the sources of the confusion in the lower courts and offers …

Hidden In Plain Sight: Achieving More Just Results In Hostile Work Environment Sexual Harassment Cases By Re-Examining Supreme Court Precedent, Elisabeth A. Keller, Judith B. Tracy

Elisabeth Keller

Lower federal courts often fail to provide plaintiffs in sexual harassment cases the relief intended by Title VII of the Civil Rights of 1964 and mandated by the Supreme Court when it recognized the cause of action twenty years ago. There is little doubt that sexual harassment in the workplace persists. However, lower courts misapply or ignore Supreme Court reasoning that would result in fairer and more consistent dispositions in hostile work environment sexual harassment cases. This article draws directly on reasoning from the Supreme Court cases to explain the sources of the confusion in the lower courts and offers …

Legal Lines In Shifting Sand: Immigration Law And Human Rights In The Wake Of September 11, Daniel Kanstroom

Daniel Kanstroom

In March of 2004, a group of legal scholars gathered at Boston College Law School to examine the doctrinal implications of the events of September 11, 2001. They reconsidered the lines drawn between citizens and noncitizens, war and peace, the civil and criminal systems, as well as the U.S. territorial line. Participants responded to the proposition that certain entrenched historical matrices no longer adequately answer the complex questions raised in the “war on terror.” They examined the importance of government disclosure and the public’s right to know; the deportation system’s habeas corpus practices; racial profiling; the convergence of immigration and …

Torch (November/December 2011), Brandon Baldwin, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

No abstract provided.

Tragic Rights: The Rights Critique In The Age Of Obama, Robin L. West

William & Mary Law Review

No abstract provided.

"Sit Down Together At A Table Of Brotherhood": Martin Luther King Jr. Memorial, John M. Rudy

Interpreting the Civil War: Connecting the Civil War to the American Public

As we walked along the tidal basin back toward the Smithsonian Metro Station, I began to cry. Just a few tears, here and there, welled in my eyes. It wasn't the monument or the quotes. It wasn't the deep feelings I had looking at his face. It was overhearing a simple conversation. Two 30-something black women in a group of tourists were talking to one another about photos.

"You need to get your picture taken, girl," one asks the other.

"Why?" she responds, "I've got plenty of pictures."

"To prove you were here," the first woman responds. [excerpt]

Ows, Discourse, And Narratives, Timothy Zick

Popular Media

No abstract provided.

Friendly Fire Casualties Of American Civil Liberty In The War On Terror: Humanitarian Law Project V. Holder And The Erosion Of Free Speech, Alicia C. Armstrong Esq.

Alicia C Armstrong

The holding in Humanitarian Law Project (HLP) v. Holder marks a significant shift in First Amendment doctrine, unprecedented since the early twentieth century “Red Scare” cases. The HLP decision suggests that free speech principles which have been developing for over half a century—culminating in the paramount protection of “subversive advocacy”—are less deserving of adherence in the face of terrorism than in times of relative peace. Throughout the past several decades, the Court has retreated from the notion that speech which is disturbing to public opinion but benign in its capability to incite imminent lawless action deserves lower legal protection. To …

Bearing Injustice: Foster Care, Pregnancy Prevention, And The Law, Taylor I. Dudley

Taylor I Dudley

The State has numerous responsibilities to children and youth in and emancipating from foster care. Ensuring a foster child’s medical welfare is among the most imperative of the State’s obligations. Pregnancy prevention is a unique component of medical welfare and long-term well-being. Indeed, it stands out as a responsibility that the State must fulfill to counteract the likelihood of diminished life outcomes that so many former foster children face. However, like many problems facing foster children, pregnancy is noticed, yet unaddressed; contemplated, yet unresolved. The State’s failure to adequately address pregnancy prevention among youth in foster care is unconstitutional under …

Ows And The Constitution, Timothy Zick

Popular Media

No abstract provided.

Attorney's Fees In Civil Rights Cases - October 2009 Term, Martin A. Schwartz

Touro Law Review

No abstract provided.

The Power Of Place, Timothy Zick

Popular Media

No abstract provided.

Public Protest 1.0, Timothy Zick

Popular Media

No abstract provided.

Harvesting New Conceptions Of Equality: Opportunity, Results, And Neutrality, Cedric M. Powell

Cedric M. Powell

Our Exceptional Constitution, Timothy Zick

Popular Media

No abstract provided.

Last Hired, First Fired Layoffs And Title Vii, James S. Rogers

James S. Rogers

No abstract provided.

Trans-Border Exclusion And Execution, Timothy Zick

Popular Media

No abstract provided.

Justice, The Bretton Woods Institutions And The Problem Of Inequality, Frank J. Garcia

Frank J. Garcia

The Bretton Woods Institutions are, together with the WTO, the preeminent international institutions devoted to managing international economic relations. This mandate puts them squarely in the center of the debate concerning development, inequality and global justice. While the normative analysis of the WTO is gaining momentum, the systematic normative evaluation of the World Bank and the International Monetary Fund is comparatively less developed. This essay aims to contribute to that nascent inquiry. How might global justice criteria apply to the ideology and operations of the Bank and Fund? Political theory offers an abundance of perspectives from which to conduct such …

Trade Justice And Security, Frank J. Garcia

Frank J. Garcia

[Refers to Revised Draft, December 9, 2005] The social psychology literature on justice suggests that the perception of injustice produces the strongest human emotional response. Perceptions of injustice can lead to conflicts over the justice of social outcomes, threatening social cohesion and security. Trade law, and globalization more generally, are increasingly perceived as unjust with respect to the interests of developing countries and of the poor in all countries. To the extent that the various stakeholders in globalization perceive a lack of reciprocity between their investment and their return, they will naturally address their claims of injustice towards the global …

Standing Up By Sitting Down: Join The Student Sit-Ins At The Smithsonian, Jacob Dinkelaker

Interpreting the Civil War: Connecting the Civil War to the American Public

Continuing my review and discussion that I started last week of the NMAH's historical theater programs, this week, I want to talk about the other program I attended on my most recent visit down to the mall: the Join the Student Sit-Ins program. Long story short, Join the Student Sit-Ins is another great interpretive offering from the Smithsonian Museum of American History. The program thrives on visitor involvement and reflection. It's engaging, historically deep, emotional, and probing for answers, ultimately asking more questions than finding answers. [excerpt]

Right To Information Identity, Elad Oreg

Elad Oreg

Inspired by the famous Warren&Brandeis conceptualization of the "right to privacy", this article tries to answer a modern conceptual lacuna and present the argument for the need to conceptualize and recognize a new, independent legal principle of a "right to information-identity". This is the right of an individual to the functionality of the information platforms that enable others to identify and know him and to remember who and what he is. Changes in technology and social standards make the very notion of identity increasingly fluid, transforming the way it is treated and opening new and fascinating ways of relating to …

Sustaining A Movement, Timothy Zick

Popular Media

No abstract provided.

Divided We Stand: The Haudenosaunee, Their Passport And Legal Implications Of Their Recognition In Canada And The United States, Nicole Terese Capton Marques

San Diego International Law Journal

There are several indigenous nations divided by the international border between the U.S. and Canada (hereinafter, border tribes). Part II will provide historical background on the Haudenosaunee and the Haudenosaunee passport, as well as on the Jay Treaty's free passage right as recognition that the international border was not to affect border tribes. Part III of this comment will examine the trust-like duty both federal governments owe to indigenous populations in general, briefly describe benefits and services offered, and then discuss the legal effects of current legislation and regulations by the American and Canadian governments on Haudenosaunee tribal members living …