Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Civil Rights (53)
- Race Discrimination (20)
- Discrimination (13)
- Equal Protection (13)
- Breach of the Peace (12)
-
- Employment Discrimination (8)
- Remedies (8)
- Administration of Justice (7)
- Affirmative Action (7)
- Civil Rights Act of 1964 (42 U.S.C. 2000e) (7)
- African Americans (6)
- Brown v. Board of Education (347 U.S. 483 (1954)) (6)
- Constitutional Law (6)
- Educational Discrimination (6)
- Right of Privacy (6)
- W&M Faculty (6)
- Book Reviews (5)
- Colleges and Universities (5)
- School Integration (5)
- Civil Rights Act of 1964 (4)
- Federalism (4)
- Sex Discrimination (4)
- United States Supreme Court (4)
- Civil Procedure (3)
- Civil Rights Act of 1871 (42 U.S.C. 1983) (3)
- Criminal Procedure (3)
- Handicapped Discrimination (3)
- James Madison (3)
- Law (3)
- Minorities (3)
Articles 31 - 60 of 146
Full-Text Articles in Law
Paging Dr. Google: Personal Health Records And Patient Privacy, Colin P. Mccarthy
Paging Dr. Google: Personal Health Records And Patient Privacy, Colin P. Mccarthy
William & Mary Law Review
No abstract provided.
The Vote From Beyond The Grave, Krysta R. Edwards
The Vote From Beyond The Grave, Krysta R. Edwards
William & Mary Law Review
No abstract provided.
Unlocking The Power Of State Constitutions With Equal Protection: The First Step Toward Education As A Federally Protected Right, Derek W. Black
Unlocking The Power Of State Constitutions With Equal Protection: The First Step Toward Education As A Federally Protected Right, Derek W. Black
William & Mary Law Review
This Article analyzes the intersection of state constitutional law right at stake and the responsibility for enforcing it. Thus, the scrutiny of this right under federal equal protection would be far different than it was just a few decades ago. Given the states’ weakened ability to enforce these rights, the future of education equity depends on federal intervention. with federal equal protection, revealing how federal equal protection, by relying on state constitutional education standards, can force states to further equalize and increase the resources available to struggling schools. It begins by exploring the extent of inequality and inadequacy in our …
How To Write A Life: Some Thoughts On Fixation And The Copyright/Privacy Divide, Laura A. Heymann
How To Write A Life: Some Thoughts On Fixation And The Copyright/Privacy Divide, Laura A. Heymann
William & Mary Law Review
No abstract provided.
How Wide Should The Actual Innocence Gateway Be? An Attempt To Clarify The Miscarriage Of Justice Exception For Federal Habeas Corpus Proceedings, Jennifer Gwynne Case
How Wide Should The Actual Innocence Gateway Be? An Attempt To Clarify The Miscarriage Of Justice Exception For Federal Habeas Corpus Proceedings, Jennifer Gwynne Case
William & Mary Law Review
No abstract provided.
The Continuing Drift Of Federal Sovereign Immunity Jurisprudence, Gregory C. Sisk
The Continuing Drift Of Federal Sovereign Immunity Jurisprudence, Gregory C. Sisk
William & Mary Law Review
With the enduring doctrine of federal sovereign immunity, it is too late in the day to suggest that the United States should be treated as an ordinary party in the federal courts. Yet as the Supreme Court has become more comfortable with the increasingly common encounter with a statutory waiver of immunity, the rigidity of interpretive approach has eased. An early jaundiced judicial attitude has resolved into a greater respect for the legislative promise of relief to those harmed by their government. After sketching the history of statutory waivers over the past century-and-a-half and examining Supreme Court decisions across the …
Reconstructing The Race-Sex Analogy, Serena Mayeri
Reconstructing The Race-Sex Analogy, Serena Mayeri
William & Mary Law Review
In the standard account, American sex equality law rests on a partial and imperfect analogy to race, developed in the 1970s by feminists intent on establishing formal equality between men and women, and embraced, albeit selectively and uneasily, by lawmakers and judges. But this account, although containing important elements of truth, obscures the creative ways that advocates turned the tables, arguing that principles developed in sex equality jurisprudence could expand the availability of remedies for racial injustice. This Article explores one example of this phenomenon: efforts, led by Ruth Bader Ginsburg, to use the emerging constitutional distinction between detrimental and …
Bias On The Bench: Raising The Bar For U.S. Immigration Judges To Ensure Equality For Asylum Seekers, Lindsey R. Vaala
Bias On The Bench: Raising The Bar For U.S. Immigration Judges To Ensure Equality For Asylum Seekers, Lindsey R. Vaala
William & Mary Law Review
No abstract provided.
Discrimination And Outrage: The Migration From Civil Rights To Tort Law, Martha Chamallas
Discrimination And Outrage: The Migration From Civil Rights To Tort Law, Martha Chamallas
William & Mary Law Review
It is not always appreciated that proven discrimination on the basis of race or sex may not amount to a tort and that even persistent racial or sexual harassment may not be enough to qualify for tort recovery. This Article explores the question of whether discriminatory and harassing conduct in the workplace is or should be considered outrageous conduct, actionable under the tort of intentional infliction of emotional distress. In recent years, courts have taken radically different approaches to the issue, from holding that such claims are preempted to treating the infliction tort as a reinforcement of civil rights principles. …
Unconstitutional Conditional Release: A Pyrrhic Victory For Arrestees' Privacy Rights Under United States V. Scott, Andrew J. Smith
Unconstitutional Conditional Release: A Pyrrhic Victory For Arrestees' Privacy Rights Under United States V. Scott, Andrew J. Smith
William & Mary Law Review
No abstract provided.
When 2 Or 3 Come Together, Tracey L. Meares, Kelsi Brown Corkan
When 2 Or 3 Come Together, Tracey L. Meares, Kelsi Brown Corkan
William & Mary Law Review
This Article investigates policies that are responsive to crime in disadvantaged, urban neighborhoods from a community-based context. The vehicle is an analysis of a community-wide prayer vigil held in Chicago in May of 1997. The vigil resulted from a collaboration between the Chicago Police Department and hundreds of mostly African-American churches on Chicago's West Side. Strikingly, the local police district's commander facilitated the vigil. The Article explains the sociological and political significance of this collaboration by drawing on the "Chicago School" of urban sociology, and demonstrating theoretically and empirically the potential for collaboration, through the integration of key community institutions, …
The Diversity Rationale For Affirmative Action In Employment After Grutter: The Case For Containment, Jared M. Mellot
The Diversity Rationale For Affirmative Action In Employment After Grutter: The Case For Containment, Jared M. Mellot
William & Mary Law Review
No abstract provided.
Medicaid And The Enforceable Right To Receive Medical Assistance: The Need For A Definition Of "Medical Assistance", Kenneth R. Wiggins
Medicaid And The Enforceable Right To Receive Medical Assistance: The Need For A Definition Of "Medical Assistance", Kenneth R. Wiggins
William & Mary Law Review
No abstract provided.
Disparate Impact: Looking Past The Desert Palace Mirage, Charles A. Sullivan
Disparate Impact: Looking Past The Desert Palace Mirage, Charles A. Sullivan
William & Mary Law Review
No abstract provided.
A Jury Of One's Peers: Virginia's Restoration Of Rights Process And Its Disproportionate Effect On The African American Community, Amanda L. Kutz
A Jury Of One's Peers: Virginia's Restoration Of Rights Process And Its Disproportionate Effect On The African American Community, Amanda L. Kutz
William & Mary Law Review
No abstract provided.
Circling Back To The Obvious: The Convergence Of Traditional And Reverse Discrimination In Title Vii Proof, Charles A. Sullivan
Circling Back To The Obvious: The Convergence Of Traditional And Reverse Discrimination In Title Vii Proof, Charles A. Sullivan
William & Mary Law Review
No abstract provided.
Gimme Shelter: Does The Fair Housing Amendments Act Of 1988 Require Accommodations For The Financial Cirumstances Of The Disabled?, Brian R. Rosenau
Gimme Shelter: Does The Fair Housing Amendments Act Of 1988 Require Accommodations For The Financial Cirumstances Of The Disabled?, Brian R. Rosenau
William & Mary Law Review
No abstract provided.
When Equality Leaves Everyone Worse Off: The Problem Of Leveling Down In Equality Law, Deborah L. Brake
When Equality Leaves Everyone Worse Off: The Problem Of Leveling Down In Equality Law, Deborah L. Brake
William & Mary Law Review
No abstract provided.
Connecting The Dots: Grutter, School Desegregation, And Federalism, Wendy Parker
Connecting The Dots: Grutter, School Desegregation, And Federalism, Wendy Parker
William & Mary Law Review
No abstract provided.
Determining The Intended Beneficiaries Of The Ada In The Aftermath Of Sutton: Limiting The Application Of The Disabling Corrections Corollary, Richard C. Dunn
Determining The Intended Beneficiaries Of The Ada In The Aftermath Of Sutton: Limiting The Application Of The Disabling Corrections Corollary, Richard C. Dunn
William & Mary Law Review
No abstract provided.
Disability Harassment In The Public Schools, Mark C. Weber
Disability Harassment In The Public Schools, Mark C. Weber
William & Mary Law Review
No abstract provided.
Rethinking The History Of American Freedom, Michael J. Klarman
Rethinking The History Of American Freedom, Michael J. Klarman
William & Mary Law Review
No abstract provided.
Reflections On Coercing Privacy, Neal Devins
Reflections On Coercing Privacy, Neal Devins
William & Mary Law Review
No abstract provided.
Conceptual Gulfs In City Of Boerne V. Flores, Douglas Laycock
Conceptual Gulfs In City Of Boerne V. Flores, Douglas Laycock
William & Mary Law Review
No abstract provided.
Adarand Constructors, Inc. V. Pena And The Continuing Irrelevance Of Supreme Court Affirmative Action Decisions, Neal Devins
Adarand Constructors, Inc. V. Pena And The Continuing Irrelevance Of Supreme Court Affirmative Action Decisions, Neal Devins
William & Mary Law Review
No abstract provided.
The Racial Limits Of The Fair Housing Act: The Intersection Of Dominant White Images, The Violence Of Neighborhood Purity, And The Master Narrative Of Black Inferiority, Reginald Leamon Robinson
The Racial Limits Of The Fair Housing Act: The Intersection Of Dominant White Images, The Violence Of Neighborhood Purity, And The Master Narrative Of Black Inferiority, Reginald Leamon Robinson
William & Mary Law Review
No abstract provided.
Disability Discrimination By State And Local Government: The Relationship Between Section 504 Of The Rehabilitation Act And Title Ii Of The Americans With Disabilities Act, Mark C. Weber
William & Mary Law Review
No abstract provided.
The Promise Of Brown Forty Years Later: Introduction, Davison M. Douglas
The Promise Of Brown Forty Years Later: Introduction, Davison M. Douglas
William & Mary Law Review
No abstract provided.
Still Separate And Still Unequal, Marilyn V. Yarbrough
Still Separate And Still Unequal, Marilyn V. Yarbrough
William & Mary Law Review
No abstract provided.
The Supreme Court And Race Discrimination, 1967-1991: The View From The Marshall Papers, Mark V. Tushnet
The Supreme Court And Race Discrimination, 1967-1991: The View From The Marshall Papers, Mark V. Tushnet
William & Mary Law Review
No abstract provided.