Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Columbia Law School (209)
- Boston University School of Law (121)
- Duke Law (116)
- University of Maryland Francis King Carey School of Law (104)
- Fordham Law School (63)
-
- Western New England University (60)
- Texas A&M University School of Law (55)
- UC Law SF (46)
- California Western School of Law (45)
- Barry University School of Law (39)
- Brooklyn Law School (36)
- University of Arkansas at Little Rock William H. Bowen School of Law (36)
- Mitchell Hamline School of Law (28)
- University of New Mexico (9)
- Brigham Young University Law School (7)
- Nova Southeastern University (3)
- University of Louisville (3)
- Keyword
-
- Civil rights (131)
- Discrimination (92)
- Race (79)
- Racism (44)
- Race discrimination (38)
-
- Affirmative action (35)
- Constitutional law (33)
- Same-sex marriage (30)
- Equal protection (28)
- Supreme Court (27)
- Equality (26)
- Racial justice (25)
- Critical race theory (24)
- Sex discrimination (23)
- Segregation (21)
- Title VII (21)
- Gender (20)
- Sexual orientation (20)
- Civil Rights (19)
- Racial discrimination (19)
- Employment discrimination (18)
- Title IX (17)
- Sexual harassment (16)
- Law (15)
- Social justice (15)
- Columbia Law Review (14)
- Constitution (14)
- Criminal law (14)
- SSRN (14)
- Cultural pluralism (13)
- Publication Year
Articles 931 - 960 of 980
Full-Text Articles in Law
Permissive Affirmative Action For The Benefit Of Blacks, Geoffrey C. Hazard Jr.
Permissive Affirmative Action For The Benefit Of Blacks, Geoffrey C. Hazard Jr.
Faculty Scholarship
No abstract provided.
The Dialectic Of Rights And Politics: Perspectives From The Women's Movement, Elizabeth M. Schneider
The Dialectic Of Rights And Politics: Perspectives From The Women's Movement, Elizabeth M. Schneider
Faculty Scholarship
No abstract provided.
The Forgotten Era, David S. Bogen
Sterilization Of Mentally Retarded Persons: Reproductive Rights And Family Privacy, Elizabeth S. Scott
Sterilization Of Mentally Retarded Persons: Reproductive Rights And Family Privacy, Elizabeth S. Scott
Faculty Scholarship
Sterilization is one of the most frequently chosen forms of contraception in the world; many persons who do not want to have children select this simple, safe, and effective means of avoiding unwanted pregnancy. For individuals who are mentally disabled, however, sterilization has more ominous associations. Until recently, involuntary sterilization was used as a weapon of the state in the war against mental deficiency. Under eugenic sterilization laws in effect in many states, retarded persons were routinely sterilized without their consent or knowledge.
Sterilization law has undergone a radical transformation in recent years. Influenced by a distaste for eugenic sterilization …
Revolutionary Constitutionalism In The Era Of The Civil War And Reconstruction , Robert J. Kaczorowski
Revolutionary Constitutionalism In The Era Of The Civil War And Reconstruction , Robert J. Kaczorowski
Faculty Scholarship
The meaning and scope of the fourteenth amendment and the Civil Rights Act of 1866 remain among the most controversial issues in American constitutional law. Professor Kaczorowski contends that the issues have generated more controversy than they warrant, in part because scholars analyzing the legislative history of the amendment and statute have approached their task with preconceptions reflecting twentieth century legal concerns. He argues that the most important question for the framers was whether national or state governments possessed primary authority to determine and secure the status and rights of American citizens. Relying on records of the congressional debates as …
Alternative Families: Obtaining Traditional Family Benefits Through Litigation, Legislation And Collective Bargaining, Barbara Cox
Alternative Families: Obtaining Traditional Family Benefits Through Litigation, Legislation And Collective Bargaining, Barbara Cox
Faculty Scholarship
This article will first discuss the constitutional and equitable basis for extending rights to alternative families. Next, it will discuss each major protection and benefit granted to traditional families and then examine the litigation, legislation, and collective bargaining agreements obtaining or attempting to obtain the same benefit for alternative families. This article will end by arguing that equity and justice require an extension of these benefits to alternative families.
Non-Determinative Discrimination, Mixed Motives, And The Inner Boundary Of Discrimination Law, Sam Stonefield
Non-Determinative Discrimination, Mixed Motives, And The Inner Boundary Of Discrimination Law, Sam Stonefield
Faculty Scholarship
This Article describes a form of discrimination – called non-determinative discrimination – that involves types of conduct that are not covered by current doctrine but that should be protected in order to serve the purposes of the laws against discrimination. It addresses the issue of mixed-motive discrimination and anticipates (and provides a framework for) the hostile environment claims of the 1990s.
What Disabilities Are Protected Under The Rehabilitation Act Of 1973?, David Larson
What Disabilities Are Protected Under The Rehabilitation Act Of 1973?, David Larson
Faculty Scholarship
It can be difficult for an employer or a recipient of federal funds to determine exactly what types of disabilities are protected by the Rehabilitation Act of 1973. Relevant literature has not given a great deal of attention to this specific question. Recent cases, however, provide additional information that can assist in determining which disabilities are protected. The question of what is protected handicap differs from the question of whether a handicapped person is also “qualified.” This article focuses on the threshold question of determining whether a handicap actually exists, concentrating on the Rehabilitation Act of 1973. The definition of …
Equalities Real And Ideal: Affirmative Action In Indian Law Review, Lance Liebman
Equalities Real And Ideal: Affirmative Action In Indian Law Review, Lance Liebman
Faculty Scholarship
American legal scholars have devoted surprisingly little effort to studying India. In India, as in America, judges, lawyers, and legislators have had to shape a transplanted legal system with English roots. Both countries have adapted English legal institutions to conditions far more heterogeneous – ethnically, racially, linguistically,and geographically – than those of the mother country. It thus seems no accident that India's constitutional structure parallels that of the United States in so many ways. For example, India has a written constitution that embodies principles of federalism and separation of powers, and that provides for judicially enforced guarantees of individual rights. …
The Transformation Of The Fourteenth Amendment: Reflections From The Admission Of Maryland's First Black Lawyers, David S. Bogen
The Transformation Of The Fourteenth Amendment: Reflections From The Admission Of Maryland's First Black Lawyers, David S. Bogen
Faculty Scholarship
October 10, 1985, was the one hundredth anniversary of the admission to the bar of the Supreme Bench of Baltimore City of Everett J. Waring, the first black lawyer admitted to practice before the state courts in Maryland. This article explores the efforts of African-American lawyers to establish the right to practice law in Maryland and their role in the larger struggle for political and civil rights.
Whose Rights? What Danger?, Michael E. Tigar
Whose Rights? What Danger?, Michael E. Tigar
Faculty Scholarship
No abstract provided.
Rethinking Novotny In Light Of United Brotherhood Of Carpenters & Joiners V. Scott: The Scope And Constitutionally Permissible Periphery Of Section 1985 (3), Taunya Lovell Banks
Rethinking Novotny In Light Of United Brotherhood Of Carpenters & Joiners V. Scott: The Scope And Constitutionally Permissible Periphery Of Section 1985 (3), Taunya Lovell Banks
Faculty Scholarship
No abstract provided.
The Equal Credit Opportunity Act's Spousal Cosignature Rules And Community Property States: Regulatory Haywire, Winnie F. Taylor
The Equal Credit Opportunity Act's Spousal Cosignature Rules And Community Property States: Regulatory Haywire, Winnie F. Taylor
Faculty Scholarship
No abstract provided.
The Equal Credit Opportunity Act's Spousal Co-Signature Rules: Suretyship Contracts In Separate Property States, Winnie F. Taylor
The Equal Credit Opportunity Act's Spousal Co-Signature Rules: Suretyship Contracts In Separate Property States, Winnie F. Taylor
Faculty Scholarship
No abstract provided.
Apartheid Baltimore Style: The Residential Segregation Ordinances Of 1910-1913, Garrett Power
Apartheid Baltimore Style: The Residential Segregation Ordinances Of 1910-1913, Garrett Power
Faculty Scholarship
On May 15, 1911, Baltimore Mayor J. Barry Mahool signed into law an ordinance for “preserving the peace, preventing conflict and ill feeling between the white and colored races in Baltimore City.” This ordinance provided for the use of separate blocks by African American and whites and was the first such law in the nation directly aimed at segregating black and white homeowners. This article considers the historical significance of Baltimore’s first housing segregation law.
How Empty Is The Idea Of Equality, Kent Greenawalt
How Empty Is The Idea Of Equality, Kent Greenawalt
Faculty Scholarship
The nature of equality and the relationship between equality and justice have long been puzzling to social and legal philosophers. One manifestation of these problems of understanding is uncertainty among lawyers and judges about the significance of legal norms formulated in the language of equality, most notably the equal protection clause of the Constitution. In an elaborately reasoned, imaginative, and richly referenced recent article, Peter Westen has urged the arresting conclusion that the idea of equality is empty, empty in the sense that any normative conclusion derived from the idea could be reached more directly by reliance on normative judgments …
The Scope Of Section 1985(3) In Light Of Great American Federal Savings And Loan Association V. Novotny: Too Little Too Late?, Taunya Lovell Banks
The Scope Of Section 1985(3) In Light Of Great American Federal Savings And Loan Association V. Novotny: Too Little Too Late?, Taunya Lovell Banks
Faculty Scholarship
No abstract provided.
The Skokie Legacy: Reflections On An "Easy Case" And Free Speech Theory, Lee C. Bollinger
The Skokie Legacy: Reflections On An "Easy Case" And Free Speech Theory, Lee C. Bollinger
Faculty Scholarship
Few legal disputes in the last decade captured public attention with such dramatic force as that involving a small band of Nazis and the village of Skokie. For well over a year, the case was seldom out of the news and often thought to merit front page coverage. It all began in the spring of 1977 when Frank Collin, the leader of the Chicago-based National Socialist Party of America, requested a permit to march in front of the Skokie village hall. The community, with a Jewish population of over 40,000, several thousand of whom had survived the Holocaust, mobilized all …
Remedies And Damages For Violation Of Constitutional Rights, Frank M. Mcclellan, Phoebe A. Haddon
Remedies And Damages For Violation Of Constitutional Rights, Frank M. Mcclellan, Phoebe A. Haddon
Faculty Scholarship
No abstract provided.
Meeting The Equal Credit Opportunity Act's Specificity Requirement: Judgmental And Statistical Scoring Systems, Winnie F. Taylor
Meeting The Equal Credit Opportunity Act's Specificity Requirement: Judgmental And Statistical Scoring Systems, Winnie F. Taylor
Faculty Scholarship
No abstract provided.
Bakke As Precedent: Does Mr. Justice Powell Have A Theory, Vincent A. Blasi
Bakke As Precedent: Does Mr. Justice Powell Have A Theory, Vincent A. Blasi
Faculty Scholarship
What does it all mean? The Supreme Court's decision in Regents of the University of California v. Bakke invites assessment at many levels. Was it really a "Solomonic compromise" worthy of our constitutional tradition, as some prominent scholars have suggested? Or does the decision represent, as I believe it does, a disturbing failure by the Court to discharge its responsibility to give coherent, practical meaning to our most important constitutional ideals? Does the uncharacteristically opaque and simplistic opinion of Justice Stevens mask deep divisions and ambivalences among the four justices who subscribed to it? Can there be any validity to …
The Unresolved Problems Of Reverse Discrimination, Kent Greenawalt
The Unresolved Problems Of Reverse Discrimination, Kent Greenawalt
Faculty Scholarship
The current widespread use of remedial affirmative action programs makes the legitimacy of reverse discrimination a pragmatic social concern. That alone, however, would not explain the intense interest generated by Regents of the University of California v. Bakke. The question posed in the case compels our attention because it forces a choice between two values that occupy a high place in the liberal conception of justice and claim substantial support in the equal protection clause. On the one hand, justice requires that groups that have previously suffered gross discrimination be given truly equal opportunity in American life; on the other, …
Discrimination As A Field Of Law, Arthur Larson
Discrimination As A Field Of Law, Arthur Larson
Faculty Scholarship
No abstract provided.
Making Sense Of Desegregation And Affirmative Action, William W. Van Alstyne
Making Sense Of Desegregation And Affirmative Action, William W. Van Alstyne
Faculty Scholarship
This review discusses J. Harvie Wilkinson's "From Brown to Bakke" and its companion work, "Counting by Race: Equality from the Founding Fathers to Bakke and Weber" written by Terry Eastland and William J. Bennett. Wilkinson's work is found to maintain a narrow focus on its specific subject of school desegregation and the Supreme Court, but it suffers from over-exaggeration and an abundance of adornment in his writing style. "Counting" is a provocative piece that asserts the position that the Constitution is still not color-blind, despite what many have proposed, and makes an authoritative argument for such a claim.
The Repressed Issues Of Sentencing: Accountability, Predictability, And Equality In The Era Of The Sentencing Commission, John C. Coffee Jr.
The Repressed Issues Of Sentencing: Accountability, Predictability, And Equality In The Era Of The Sentencing Commission, John C. Coffee Jr.
Faculty Scholarship
The existence of disparities in the sentences imposed on equally culpable offenders has long been a subject of jurisprudential concern. The author provides a critique of recent efforts to objectify the sentencing process that rely on a matrix table prescribing guideline sentence lengths on the basis of offense severity and predictions of recidivism. With particular emphasis on the Sentencing Commission authorized by pending federal legislation, he urges the need for political accountability in the body that inevitably makes value judgments in the preparation and administration of such a guideline system. Finally, the author discusses the normative issues that surround the …
A Preliminary Report On The Bakke Case, William W. Van Alstyne
A Preliminary Report On The Bakke Case, William W. Van Alstyne
Faculty Scholarship
This comment breaks down the variety of opinions in the Bakke case and discusses the immediate implications the decision may have on the academic community.
Equality For Individuals Or Equality For Groups: Implications Of The Supreme Court Decision In The Manhart Case, William W. Van Alstyne
Equality For Individuals Or Equality For Groups: Implications Of The Supreme Court Decision In The Manhart Case, William W. Van Alstyne
Faculty Scholarship
This commentary breaks down the case of the City of Los Angeles Department of Water and Power v. Manhart and discusses what effects the Supreme Court's decision will have when Title VII is applied to university employers, particularly in their relationship with TIAA-CREF
Section 1983 And Federalism, Richard Briffault
Section 1983 And Federalism, Richard Briffault
Faculty Scholarship
The relationship between the themes of federalism and individual rights is one that runs deep in American intellectual and social history. And it is one that has changed drastically with changes in the conditions and temperament of our society.
In the early days of the Republic, federalism was viewed as. a means of protecting individual rights from the tyranny of a unified central government. The Civil War brought with it a rejection of this guiding principle. State autonomy came to be seen not as a means to protect the individual from government abuse but rather as the primary source of …
Tailoring Guardianship To The Needs Of Mentally Handicapped Citizens, Barbara A. Cohen, Barbara Oosterhout, Susan P. Leviton
Tailoring Guardianship To The Needs Of Mentally Handicapped Citizens, Barbara A. Cohen, Barbara Oosterhout, Susan P. Leviton
Faculty Scholarship
No abstract provided.
Recent Decisions, Phoebe A. Haddon