Digital Commons Network^™

Workplace Discrimination As A Public Health Issue: The Necessity Of Title Vii Protections For Volunteers, Elizabeth R. Langton

Fordham Law Review

What constitutes an employee is a recurring issue in U.S. employment law, especially with respect to volunteers. Under Title VII, an employee is defined as “an individual employed by an employer.” The U.S. Supreme Court has found that this definition is circular and explains nothing. Given the vague statutory definition of “employee,” circuit courts are split over the correct test to determine employee status for the purposes of Title VII.

Workplace discrimination is especially toxic because the majority of the adult population spends its waking hours at work. Thus far, courts have been focused on the individual nature of workplace …

Racial Disparity In Federal Criminal Sentences, M. Marit Rehavi, Sonja B. Starr

Articles

Using rich data linking federal cases from arrest through to sentencing, we find that initial case and defendant characteristics, including arrest offense and criminal history, can explain most of the large raw racial disparity in federal sentences, but significant gaps remain. Across the distribution, blacks receive sentences that are almost 10 percent longer than those of comparable whites arrested for the same crimes. Most of this disparity can be explained by prosecutors’ initial charging decisions, particularly the filing of charges carrying mandatory minimum sentences. Ceteris paribus, the odds of black arrestees facing such a charge are 1.75 times higher than …

Coercive Assimilationism: The Perils Of Muslim Women's Identity Performance In The Workplace, Sahar F. Aziz

Michigan Journal of Race and Law

Should employees have the legal right to “be themselves” at work? Most Americans would answer in the negative because work is a privilege, not an entitlement. But what if being oneself entails behaviors, mannerisms, and values integrally linked to the employee’s gender, race, or religion? And what if the basis for the employer’s workplace rules and professionalism standards rely on negative racial, ethnic or gender stereotypes that disparately impact some employees over others? Currently, Title VII fails to take into account such forms of second-generation discrimination, thereby limiting statutory protections to phenotypical or morphological bases. Drawing on social psychology and …

Title Ix And Social Media: Going Beyond The Law, Emily Suran

Michigan Journal of Gender & Law

The U.S. Department of Education is currently investigating over eighty colleges and universities for civil rights violations under Title IX. From a punitive standpoint, these investigations likely will have minimal impact. Indeed, since the Alexander v. Yale plaintiffs first conceived of Title IX in a sexual harassment context, the nondiscriminatory principles of Title IX have proven disappointingly difficult to enforce. However, in today’s world of grassroots social activism, Title IX has taken on a new, extralegal import. Title IX has become a rallying cry for college activists and survivors. Despite (or perhaps because of) its limitations as a law, it …

The Demographic Dilemma In Death Qualification Of Capital Jurors, J. Thomas Sullivan

Faculty Scholarship

No abstract provided.

Intra-Group Diversity In Education: What If Abigail Fisher Were An Immigrant . . ., Dagmar Rita Myslinska

Pace Law Review

In Part I, this Article briefly describes some aspects of white immigrants’ educational experience (including extracurricular involvement and parental roles), exposing how it reflects immigrants’ lack of access to the cultural capital of native-born whites. The Article exposes some unique challenges faced by Caucasian immigrants in high school, during the college application process, and in taking advantage of college opportunities that amplify social benefits. These experiences are contrasted with those of American-born students who benefit from their families’ access to social capital that enables them to take advantage of its replication in college.

Part II addresses how some of the …

The Role Of The Judiciary In The European Union's (De)Segregation Of Roma Students, Lindsey M. Green

Georgia Journal of International & Comparative Law

No abstract provided.

Tales Of Color And Colonialism: Racial Realism And Settler Colonial Theory, Natsu Taylor Saito

Florida A & M University Law Review

More than a half-century after the civil rights era, people of color in the United States remain disproportionately impoverished and incarcerated, excluded and vulnerable. Legal remedies rooted in the Constitution's guarantee of equal protection remain elusive. This article argues that the "racial realism" advocated by the late Professor Derrick Bell compels us to look critically at the purposes served by racial hierarchy. By stepping outside the master narrative's depiction of the United States as a "nation of immigrants" with opportunity for all, we can recognize it as a settler state, much like Canada, Australia, and New Zealand. It could not …

After Shelby County: Getting Section 2 Of The Vra To Do The Work Of Section 5, Christopher Elmendorf, Douglas Spencer

Christopher S. Elmendorf

Until the Supreme Court put an end to it in Shelby County v. Holder, Section 5 of the Voting Rights Act was widely regarded as an effective, low-cost tool for blocking potentially discriminatory changes to election laws and administrative practices. The provision the Supreme Court left standing, Section 2, is generally seen as expensive, cumbersome and almost wholly ineffective at blocking changes before they take effect. This paper argues that the courts, in partnership with the Department of Justice, could reform Section 2 so that it fills much of the gap left by the Supreme Court’s evisceration of Section …

Physical Child Abuse And Cultural Differences In Reporting, Emily Frances Reed

UNLV Theses, Dissertations, Professional Papers, and Capstones

Previous research using both National Child Abuse and Neglect Data System (NCANDS) data and other sources has found that biases do exist with regard to racial differences. The current study will build on past research of biases in the Child Protective Services (CPS) involvement and reporting. This study uses a secondary data set, the 2009 NCANDS dataset; which consists of child specific data of all investigated reports of maltreatment to state CPS agencies. This research seeks to determine if there are disparities in cases reported to and substantiated by CPS as reflected by race (Black, White, & Hispanic children) and …

Introduction: Challenging Authority: A Symposium Honoring Derrick Bell, Jasmine Gonzales Rose

Faculty Scholarship

This is the Introduction to the University of Pittsburgh Law Review’s Challenging Authority: A Symposium Honoring Derrick Bell (L.L.B. 1957). This special symposium issue of the 75th volume of the Law Review celebrates and seeks to continue Bell’s critical inquiry into and fight against racial injustice. It features leading and emerging voices that examine and build upon some of Bell’s most eminent concepts, such as the permanence of racism and Interest Convergence Theory; explore Bell’s impact as a professor and activist; and look ahead to the next wave of critical race study.

Women Of Color In Legal Education: Challenging The Presumption Of Incompetence, Carmen G. Gonzalez

Carmen G. Gonzalez

Female law professors of color have become the canaries in the academic mine whose plight is an early warning of the dangers that threaten legal education and the future of the legal profession. As legal education is restructured in response to declining enrollments, tenure itself is coming under fire, and downsizing and hiring freezes are becoming more common. Female law professors of color, who tend to be concentrated at middle- and lower-tier law schools, are particularly vulnerable. But this vulnerability may foreshadow the predicament of all but the most elite law faculty if academic employment becomes increasingly precarious. This article …

Radical Discrimination In The Death Penalty In Tennessee: An Empirical Assessment, John M. Scheb Ii, Kristin A. Wagers

Tennessee Journal of Law and Policy

The intense media coverage of the United States Supreme Court's recent decisions in Baze v. Rees' and Kennedy v. Louisiana highlights the ongoing saliency of the death penalty in American politics. In this article, we use empirical evidence to shed light on this controversy. Our analysis utilizes data from 1,068 first-degree murder convictions rendered in Tennessee between 1977 and 2007. The questions animating our research are: 1) What factors led prosecutors to seek the death penalty? and 2) What factors led juries to impose it? In particular, we are interested in the role that race plays in these decisions. Does …

Navigating Community Institutions: Black Transgender Women's Experiences In Schools, The Criminal Justice System, And Churches, Louis Graham, Halley Crissman, Jack Tocco, William Lopez, Rachel Snow, Mark Padilla

Louis F Graham

Applying Sex Offender Registry Laws To Juvenile Offenders: Biases Against Adolescents From Stigmatized Groups, Jessica M. Salerno, Margaret Stevenson, Cynthia J. Najdowski, Tisha R.A. Wiley, Bette L. Bottoms, Liana Peter-Hagene

Psychology Faculty Scholarship

The need to protect children from dangerous sex offenders has led to policies that require juvenile sex offenders to register on public online registries. It is important to determine the implications of these laws for the wellbeing of child victims and also for juvenile offenders on these registries. Is the application of these laws—designed for adult offenders—to juveniles appropriate, necessary, and supported by public sentiment? The chapter reviews current sex offender registration policies and psychological research addressing whether the assumptions underlying these laws are supported by research, public sentiment toward these laws, factors that might drive biases against stigmatized youth …

Solving Batson, Tania Tetlow

Tania Tetlow

The Supreme Court faced an important ideological choice when it banned the racial use of peremptory challenges in Batson v. Kentucky. It could either ground the rule in equality rights designed to protect potential jurors from stereotyping, or it could base the rule on the defendant’s Sixth Amendment right to an “impartial jury” drawn from a fair cross-section of the community. By choosing Equal Protection analysis, the Court turned away from the defendant and the fair functioning of the criminal justice system and instead focused on protecting potential jurors. The Court thus built fatal error into the Batson rule, a …

Race, Poverty, And The Traffic Ticket Cycle Exploring The Situational Context Of The Application Of Police Discretion, Wendy C. Regoeczi, Stephanie L. Kent

Sociology & Criminology Faculty Publications

Purpose – Through systematic observation of police decision-making behavior, the aim of this paper is to investigate what factors differentiate between citizens who receive a warning vs a ticket from police and whether the influence of those factors varies by race. The paper also explores the context of those decisions for both blacks and whites to further the understanding of the underlying mechanisms of any observed differences in the likelihood of receiving a ticket vs a warning. Design/methodology/approach – Data were collected during police ridealongs conducted in a sample of cities within Cuyahoga County, Ohio. A total of 140 ridealongs …

Snopa And The Ppa: Do You Know What It Means For You? If Snopa (Social Networking Online Protection Act) Or Ppa (Password Protection Act) Do Not Pass, The Snooping Could Cause You Trouble, Angela Goodrum

Journal of Public Law and Policy

This article discusses the importance of passing the Social Networking Online Protection Act and the Password Protection Act to afford vital protection against discrimination in hiring and admission decisions. Existing laws fail to adequately provide protection against discrimination after the advent of social media. Furthermore, failure to provide to provide protection via federal laws will create a disparity in the protection afforded individuals across the United States.

Social media has introduced a new world of opportunities for sharing, networking, but it has also created ample opportunities for others to snoop around, discriminate, and base their hiring or admission decisions, in …

Brief For Constitutional Law Professors As Amici Curiae Supporting Appellee, Brown Et Al. V. Livingston, Leslie C. Griffin

Supreme Court Briefs

No abstract provided.

Issues Related To Wisconsin "Failure To Pay Forfeitures" Driver's License Suspensions, John Pawasarat, Lois M. Quinn

ETI Publications

This paper examines the compounding problems resulting from court-ordered removal of driving privileges for low-income residents in Milwaukee County and Wisconsin as a “tool” for spurring payments of municipal fines, forfeitures and fees (including charges for violations unrelated to dangerous driving). The analysis is based on data from the Wisconsin Department of Transportation Division of Motor Vehicles, the Milwaukee County Sheriff’s Office, and Branch A of the Milwaukee Municipal Court (i.e., handling municipal cases incarcerated in county jail). Police and court actions taken in Ferguson, Missouri, brought national attention to one suburban municipality’s routine use of traffic stops, arrest warrants, …

State Imprisonment Of Milwaukee County Women: 1990-2012, John Pawasarat, Lois M. Quinn

ETI Publications

This research study by the Employment and Training Institute provides data on the 4,300 Milwaukee County women who were incarcerated in adult state correctional facilities from January 1990 to January 2012 using the Wisconsin Department of Corrections public inmate data files. Two-thirds of the women were African Americans. whose incarceration numbers spiked in 2003 during the height of the “war on drugs” enforcement years. The heaviest concentrations of imprisoned women were from the poorest neighborhoods on Milwaukee’s near north side and near south side.

Statewide Imprisonment Of Black Men In Wisconsin, Lois M. Quinn, John Pawasarat

ETI Publications

This report provides data on African American male incarceration for the state onf Wisconsin at the request of the NAACP Wisconsin Conference of Branches. For most ex-offenders, prison records remain public and impediments to employment for the rest of their lives. Consequently, unlike studies reporting point-in-time levels of incarceration or average daily inmate populations, this report identified the total populations of African American men who had been incarcerated in adult state correctional facilities from 1990 to 2012 using Wisconsin Department of Corrections public inmate records. State DOC records showed incarceration rates for African American men at epidemic levels throughout Wisconsin. …

Wisconsin's Mass Incarceration Of African American Males, Summary, John Pawasarat, Lois M. Quinn

ETI Publications

This two-page paper provides a summarizes the Employment and Training Institute research on mass incarceration of African American males in Wisconsin, the state’s ranking as having the highest percentage of black males in state prison and local jails (according to the 2010 U.S. Census data), and costs of incarceration.

Wisconsin's Mass Incarceration Of African American Males: A Powerpoint Summary, Lois M. Quinn

ETI Publications

The Employment and Training Institute analysis of Wisconsin Department of Corrections public inmate files showed incarceration rates for African American men at unprecedented levels in Wisconsin. This presentation summarizes ETI research on prison rates in Milwaukee and Wisconsin and offers recommendations for addressing workforce needs of ex-offenders.

The Impact Of Race And Offender Status On Small Business Hiring Decisions, Elle Gray Teshima

Masters Theses

This research explores the impact of race and offender status on the hiring decisions of small business hiring managers. Cover letters, resumes, and surveys were distributed by mail to small business hiring managers in the Grand Rapids area to assess their reactions to and opinions of prospective applicants with varying racial and criminal backgrounds. The null hypothesis was supported. Respondents did not demonstrate a strong overall preference for candidates of a particular race group or offender status. The largest concern with this study is a limited sample size despite a fairly strong response rate. Social desirability bias may also limit …

Evidence-Based Sentencing And The Scientific Rationalization Of Discrimination, Sonja B. Starr

Articles

This Article critiques, on legal and empirical grounds, the growing trend of basing criminal sentences on actuarial recidivism risk prediction instruments that include demographic and socioeconomic variables. I argue that this practice violates the Equal Protection Clause and is bad policy: an explicit embrace of otherwise- condemned discrimination, sanitized by scientific language. To demonstrate that this practice raises serious constitutional concerns, I comprehensively review the relevant case law, much of which has been ignored by existing literature. To demonstrate that the policy is not justified by countervailing state interests, I review the empirical evidence underlying the instruments. I show that …

How Masculinities Distribute Power: The Influence Of Ann Scales, Ann C. Mcginley, Frank Rudy Cooper

Scholarly Works

Ann Scales's scholarship on masculinities in relation to sexual assault and militarism prompted us to consider exactly how power is distributed by assumptions about what is masculine. For instance, men privileged by association with hegemonic masculinities — those most dominant and preferred — are sometimes excused for acts of violence against people who are denigrated as unmasculine or excessively masculine. In one set of examples, communities excuse football players for sexual assaults on grounds that "boys will be boys." The implication is that boys should be allowed to act out before taking on adult responsibilities, and that they need to …

Federalism, Diversity, Equality, And Article Iii Judges: Geography, Identity, And Bias , Sharon E. Rush

Missouri Law Review

Each individual has a background, and that background shapes the individual's views about life, creating an inevitable form of bias referred to as "experiential bias." Experiential bias is shaped by many identity traits, including, among others, race, sex, sexual orientation, religion and even geography. The geographic identity of state judges and their potential unfair experiential bias is the common justification for federal court diversity jurisdiction. But experiential bias is inescapable, affecting everyone who's ever had an experience, and is generally not unfair, as demonstrated by most studies regarding the "fairness" justification for diversity jurisdiction. More recently, Justice O'Connor connected racial …

Beyond Title Vii: Rethinking Race, Ex-Offender Status, And Employment Discrimination In The Information Age, Kimani Paul-Emile

Faculty Scholarship

More than sixty-five million people in the United States—more than one in four adults—have had some involvement with the criminal justice system that will appear on a criminal history report. A rapidly expanding, for-profit industry has developed to collect these records and compile them into electronic databases, offering employers an inexpensive and readily accessible means of screening prospective employees. Nine out of ten employers now inquire into the criminal history of job candidates, systematically denying individuals with a criminal record any opportunity to gain work experience or build their job qualifications. This is so despite the fact that many individuals …