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No Prejudice Here: Racism, Resistance, And The Struggle For Equality In Denver, 1947-1994, Summer Marie Cherland

UNLV Theses, Dissertations, Professional Papers, and Capstones

This study chronicles a story of civil rights that has been left untold until now. Recent scholarship contributing to the history of the "long civil rights movement" has reframed our understanding of civil rights beyond the years of the late 1950s and early 1960s. In addition, it has also demonstrated that civil rights activity occurred in regions other than the South. However, most work on the long civil rights movement demonstrates that activism among blacks began much earlier than the Brown v. Board Supreme Court case and instead, was a part of a longer freedom struggle that, in many ways, …

Pioneering African American Teachers Of Singing, Carl Franklin Du Pont Jr.

Open Access Dissertations

The purpose of this essay is to identify the first African American teachers to join the faculties of prestigious predominately white institutions in the 1960s and 1970s. In order to accomplish this, sources on African American musicians were examined, university archivists were consulted, and interviews were conducted. While many singing teachers helped pave the way, Sylvia Olden Lee, Willis Patterson, and Camilla Williams were found to be the first African American voice teachers to establish themselves as instructors in the highest-ranked vocal programs of the United States; as such, the focus of this essay is on those three pedagogues. The …

School Surveillance And The Fourth Amendment, Jason P. Nance

Jason P. Nance

In the aftermath of several highly-publicized incidents of school violence, public school officials have increasingly turned to intense surveillance methods to promote school safety. The current jurisprudence interpreting the Fourth Amendment generally permits school officials to employ a variety of strict measures, separately or in conjunction, even when their use creates a prison-like environment for students. Yet, not all schools rely on such strict measures. Recent empirical evidence suggests that low-income and minority students are much more likely to experience intense security conditions in their school than other students, even after taking into account factors such as neighborhood crime, school …

Use Of Social Media In Dental Schools: Pluses, Perils, And Pitfalls From A Legal Perspective, Joseph W. Parkinson, Sharon P. Turner

Oral Health Practice Faculty Publications

One of the ways dental education is changing the way it is preparing the next generation of learners is through efficient utilization of interactive social media. Social media, which facilitates interaction and sharing of new ideas, is being utilized to educate students, residents, and faculty. Unfortunately, as with most improvements in technology, there are growing pains. Faculty, student, and patient interaction on social media platforms, such as Facebook and Twitter, can lead to inappropriate or embarrassing situations. Striking the appropriate balance between free speech rights of students and faculty and the need for colleges and universities to have efficient operations …

Torch (November 2014), Brandon Baldwin, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

No abstract provided.

Rights Speech, Timothy Zick

Faculty Publications

Freedom of expression has a complex and dynamic relationship with a number of other constitutional rights, including abortion, the right to bear arms, equal protection, the franchise, and religious liberty. This Article discusses one aspect of that relationship. It critically analyzes the regulation of "rights speech" - communications about or concerning the recognition, scope, or exercise of constitutional rights. As illustrative examples, the Article focuses on regulation of speech about abortion and the Second Amendment right to bear arms. Governments frequently manage, structure, and limit how individuals discuss constitutional rights. For example, laws and regulations compel physicians to convey information …

How Should The Law Treat Roommate Relationships? A Tale Of Two Cases, Tim Iglesias

Tim Iglesias

The law of roommates is an important but underdeveloped area of landlord-tenant law. Two recent cases, Fair Hous. Council v. Roommate.com, 666 F.3d 1216 (9th Cir. 2012) and Mercury Cas. Co. v. Chu, 229 CA4th 1432 (2014), offer contrasting approaches. This article explores the issues, reviews the cases and favors the Mercury court's approach.

Standardized Testing And Race: A Reply To Professor Subotnik, Harvey Gilmore

Harvey Gilmore

Professor Gilmore responds in disagreement to Professor Subotnik's article supporting standardized testing.

The Quiet Army: Felon Firearm Rights Restoration In The Fourth Circuit, Robert Luther Iii

William & Mary Bill of Rights Journal

Most states afford felons the opportunity to have their political disabilities removed or “rights restored” after they are released from incarceration. In every state within the jurisdiction of the U.S. Court of Appeals for the Fourth Circuit, save Virginia, a felon’s rights are partially restored automatically upon the completion of his sentence, parole, and probation. Absent a pardon, Virginia requires the felon to petition the Governor in writing through the Office of the Secretary of the Commonwealth in order to obtain a partial restoration of rights. One such right that may or may not be restored upon a state-convicted felon’s …

License To Discriminate: How A Washington Florist Is Making The Case For Applying Intermediary Scrutiny To Sexual Orientation, Kendra Lacour

Seattle University Law Review

Over the past few decades, the debate over sexual orientation has risen to the forefront of civil rights issues. Though the focus has generally been on the right to marriage, peripheral issues associated with the right to marriage—and with sexual orientation generally—have become more common in recent years. As the number of states permitting same-sex marriage—along with states prohibiting discrimination on the basis of sexual orientation—increases, so too does the conflict between providers of public accommodations and those seeking their services. Never is this situation more problematic than when religious beliefs are cited as the basis for denying services to …

Righting Wrongs, Leti Volpp

Leti Volpp

No abstract provided.

The Use Of Mediation To Settle Prisoner Grievances In Federal Court, Michelle Burns

Pepperdine Dispute Resolution Law Journal

This article discusses the importance of mediation and mediation-like alternative dispute resolution (ADR) methods used by the U.S. federal district courts to settle prisoner litigation claims. Topics discussed include laws made for the prisoners for filing their claims in the Federal District Courts under Section 1983, the role of ADR in resolving prisoner grievances and the role of ADR in settling the disputes related to prisoner civil rights.

Section 7: Same-Sex Marriage, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Torch (September 2014), Brandon Baldwin, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

No abstract provided.

Case Not Closed: Whiteness And The Rhetorical Genres Of Freedom Summer, Lindsey Ives

English Language and Literature ETDs

This dissertation examines the role of whiteness and its relationship to identification in rhetorical representations of the 1964 Mississippi Freedom Summer Project. Texts examined at length include recruitment materials, media coverage, pamphlets, and letters produced during the project, as well as retrospective representations of Freedom Summer in popular films and literature. Drawing upon Walter Beales pragmatic theory of rhetoric and Krista Ratcliffe's concept of rhetorical listening, it analyzes five perspectives on the hundreds of volunteers, most of whom were white college students, who traveled to black communities across Mississippi that summer in order to register voters, teach in Freedom Schools, …

The Civil Rights Legacy Of Fr. Theodore M. Hesburgh, C.S.C., Jennifer Mason Mcaward

Jennifer Mason McAward

This Speech will discuss Fr. Hesburgh’s advocacy on core civil rights issues — education, employment, housing, and voting rights — and how his work changed the face of this country. The story of Fr. Hesburgh’s civil rights advocacy is a key to understanding how he emerged — in the words of Vice President Biden—as “one of the most powerful unelected officials this nation has ever seen."

Section 1983 Civil Rights Litigation In The October 2005 Term, Martin Schwartz

Martin A. Schwartz

No abstract provided.

Torch (June 2014), Brandon Baldwin, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

No abstract provided.

Is Guilt Dispositive? Federal Habeas After Martinez, Justin F. Marceau

William & Mary Law Review

Federal habeas review of criminal convictions is not supposed to be a second opportunity to adjudge guilt. Oliver Wendell Holmes, among others, has said that the sole question on federal habeas is whether the prisoner’s constitutional rights were violated. By the early 1970s, however, scholars criticized this rights-based view of habeas and sounded the alarm that postconviction review had become too far removed from questions of innocence. Most famously, in 1970 Judge Friendly criticized the breadth of habeas corpus by posing a single question: Is innocence irrelevant? In his view habeas review that focused exclusively on questions of rights in …

Qualified Immunity For “Private” § 1983 Defendants After Filarsky V. Delia, Andrew W. Weis

Georgia State University Law Review

In 2012, the Supreme Court addressed private party qualified immunity in the case of Filarsky v. Delia. There, the Court found that both the historical and policy bases for immunity under § 1983 supported extending qualified immunity to outside counsel retained by a municipality. The Court noted that full-time government employees can always seek qualified immunity, so not extending it to individuals employed on some other basis would create “significant line-drawing problems . . . [which could] deprive state actors of the ability to ‘reasonably anticipate when their conduct may give rise to liability . . . .’”

This …

Windsor Beyond Marriage: Due Process, Equality & Undocumented Immigration, Anthony O'Rourke

William & Mary Law Review

The Supreme Court’s recent decision in United States v. Windsor, invalidating part of the federal Defense of Marriage Act, presents a significant interpretive challenge. Early commentators have criticized the majority opinion’s lack of analytical rigor, and expressed doubt that Windsor can serve as a meaningful precedent with respect to constitutional questions outside the area of same-sex marriage. This Article offers a more rehabilitative reading of Windsor and shows how the decision can be used to analyze a significant constitutional question concerning the use of state criminal procedure to regulate immigration.

From Windsor’s holding, the Article distills two concrete doctrinal propositions …

Relocation & Realignment: How The Great Migration Changed The Face Of The Democratic Party, Keneshia Grant

Dissertations - ALL

After a history of hostility toward Black people, what motivated the Democratic Party of the 1960s to change its position on civil rights? My dissertation examines one of the most significant developments in American political history--the shift of the U.S. political parties on racial issues. In Relocation and Realignment: How the Great Migration changed the face of the Democratic Party, I argue that increasing competition between the parties for the presidency and the mass movement of Black people out of the South coincided to drive the Democratic Party's change on racial issues. Through examination of primary sources and a fresh …

The Civil Rights Legacy Of Fr. Theodore M. Hesburgh, C.S.C., Jennifer Mason Mcaward

Notre Dame Journal of Law, Ethics & Public Policy

This Speech will discuss Fr. Hesburgh’s advocacy on core civil rights issues — education, employment, housing, and voting rights — and how his work changed the face of this country. The story of Fr. Hesburgh’s civil rights advocacy is a key to understanding how he emerged — in the words of Vice President Biden—as “one of the most powerful unelected officials this nation has ever seen."

Remembering Justice Warren’S Surprising Legacy, Robert Hayman

Robert L. Hayman

No abstract provided.

The Future Resists Control, Richard A. Primus

Reviews

Bruce Ackerman long ago persuaded me that Article V has not been the only route—or even the normal route—to legitimate constitutional change. Volume 3 admirably adds nuance to Ackerman’s account of what happens instead. But nuance can be a vice of a theory as well as a virtue, depending on whether the goal is to understand a phenomenon in its complexity or to provide an actionable program for the future. We The People aims to do both: it is, after all, a grand project, probably the most important in constitutional thought in the last thirty years. But in spite of …

Past And Present Milwaukee Civil Rights Education: The Significant Arenas Of Community Activism And Current Digital Archival Collection Assessment, Kathryn Otto

Theses and Dissertations

This thesis explores civil rights education as practiced by civil rights activists from the 1960s to the present day using the city of Milwaukee as a geographical focus. The first part of the thesis focuses on the civil rights historical narratives employed throughout the second half of the twentieth century, with a focus on activists in Milwaukee. The first chapter describes the various social realms in which activists employed civil rights education including law, religious organizations, and schools. The second chapter uses 1964 Milwaukee Freedom School curricula as a case study to analyze a historically significant form of civil rights …

Presidential Constitutionalism And Civil Rights, Joseph Landau

William & Mary Law Review

As the judicial and legislative branches have taken a more passive approach to civil rights enforcement, the President’s exercise of independent, extrajudicial constitutional judgment has become increasingly important. Modern U.S. presidents have advanced constitutional interpretations on matters of race, gender, HIV-status, self-incrimination, reproductive liberty, and gun rights, and President Obama has been especially active in promoting the rights of lesbian, gay, bisexual, and transgender (LGBT) persons—most famously by refusing to defend the Defense of Marriage Act (DOMA). Commentators have criticized the President’s refusal to defend DOMA from numerous perspectives but have not considered how the President’s DOMA policy fits within …

"An Island Of Peace In A Sea Of Racial Strife:" The Civil Rights Movement In Knoxville, Tennesse, Michael Blum

Electronic Theses and Dissertations

This study examines the civil rights movement in Knoxville, Tennessee. It argues that the city's history of race relations, economy, and regional circumstances led to a different type of civil rights movement. It was conducted by a variety of groups: student activists, established activists, local businessmen, and elected officals. They had a complicated relationship, which changed frequently as groups responded to the actions of others. This dynamic led to a relatively peaceful movement, which created a degree of racial progress, but failed to remedy the structural problems that pleagued Knoxville's Black community, such as poverty and unemployment.In early 1960, student …

The Daily Gamecock, Friday, April 11, 2014, University Of South Carolina, Office Of Student Media

April

No abstract provided.

Torch (April 2014), Brandon Baldwin, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

No abstract provided.