Digital Commons Network^™

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

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

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

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

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

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

William & Mary Bill of Rights Journal

No abstract provided.

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

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

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

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

South Carolina Law Review

No abstract provided.

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

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

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

Menstrual Policies and the Bar

No abstract provided.

Media, Criminal Injustice, And The Black Freedom Struggle, Erin G. Turner

Swarthmore Undergraduate History Journal

Since the mid-20^th 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

South Carolina Law Review

No abstract provided.

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

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 …

Commentary On Burton V. State, Greer Donley

Book Chapters

In March of 2009, Samantha Burton went into labor only 25 weeks into her pregnancy. This is a very serious pregnancy complication that not only risks the pregnant woman’s health, but also greatly reduces her potential child’s chance of survival despite the most aggressive care. Ms. Burton’s doctor prescribed, among other things, inpatient bed rest for the duration of her pregnancy, which would have required her to be separated from her two minor children at home. Ms. Burton found that recommendation unacceptable, and as a competent adult, asked to be discharged or to obtain a second opinion from another hospital. …

"A White-And-Negro Environment Which Is Seldom Spotlighted" The Twilight Of Jim Crow In The Postwar Urban Midwest, Brent M. S. Campney

History Faculty Publications and Presentations

This article investigates white-black race relations in postwar urban Kansas. Focusing on seven small and mid-sized cities, it explores how white Kansans continued to maintain discrimination, segregation, and exclusion in these years, even as they yielded slowly to the demands of civil rights activists and their supporters. Specifically, it examines the means employed by whites to assert their dominance in social interactions; to discriminate in housing, employment, and commerce; and, in some cases, to defend their all-white (or nearly all-white) municipalities, the so-called sundown towns, from any black presence at all. In addition, it briefly discusses the white backlash which …

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

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: 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

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

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 …

A Natural Fit For The Natural State: The Emergence Of Black Power Organizations In Arkansas From 1968-1975, Maurice D. Gipson

Electronic Theses and Dissertations

This study seeks to explore how Black Arkansans on college campuses in rural towns navigated their local circumstances while embracing tenets of Black Power. By 1968, public PWIs in Arkansas were contending with an influx of Black students due to the gains of the Civil Rights Movement. Even though many of the universities had been integrated years and even decades earlier, they were still ill-equipped for the number of Black students that would enroll and descend upon the towns during this period.

Taking Disability Public, Jasmine E. Harris

All Faculty Scholarship

Anti-discrimination laws enforce the idea that no one should be forced or encouraged to hide their race, gender, sexuality or other characteristics of their identity. So why is disability rights law the glaring exception? Other areas of anti-discrimination law have eschewed forms of enforced privacy about protected classes and, as a result, re-frame privacy norms as problematic, antigenic, and, at times, counter to structural reform goals. In contrast, disability rights law values privacy norms to preempt discrimination; in other words, if you never reveal the information, no one can discriminate against you because of that information. This Article argues that …