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Civil Rights and Discrimination

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1997

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Articles 31 - 60 of 79

Full-Text Articles in Law

Romer V. Evans And Democracy's Domain, Jane S. Schacter Mar 1997

Romer V. Evans And Democracy's Domain, Jane S. Schacter

Vanderbilt Law Review

As we gather at this Symposium to probe the definition of democracy in the coming century, it seems fitting to note that we are continuing a very old political conversation rather than initiating a new one. The meaning of democracy has long been contested. One of the most vexing aspects of the debate has always centered on whether and how to limit the majority's prerogative to act in ways that disadvantage minorities. Viewed from a different angle, the question is how to configure the relationship between majority preferences and equality norms. It is the basic dilemma of democratic equality: What …


The Unwelcome Judicial Obligation To Respect Politics In Racial Gerrymandering Remedies, Jeffrey L. Fisher Mar 1997

The Unwelcome Judicial Obligation To Respect Politics In Racial Gerrymandering Remedies, Jeffrey L. Fisher

Michigan Law Review

Like it or not, the attack on "bizarrely" shaped majority-minority electoral districts is now firmly underway. Nearly four years have passed since the Supreme Court first announced in Shaw v. Reno that a state's redistricting plan that is "so extremely irregular on its face that it rationally can be viewed only as an effort to segregate the races for purposes of voting" may violate the Equal Protection Clause. Such a district, the Court held, reinforces racial stereotypes, carries us further from the goal of a political system in which race no longer matters, and "threatens to undermine our system of …


Foreword: "Racialism" And Reason, Frank I. Michelman Feb 1997

Foreword: "Racialism" And Reason, Frank I. Michelman

Michigan Law Review

Clueless, I am not; but still I can wonder why I, of all people, was recruited to write a foreword for this symposium - sight unseen, before its component papers had even been submitted. Neither legal representation nor the teaching of it has ever been for me a main activity or focus of scholarly reflection. Although I have written occasionally about race - in defense of busing, on the side of affirmative action - no one could mistake me for a critical race theorist. I am the original-model imperial scholar, as of last report only partially redeemed. "Liberal" is the …


Critical Race Praxis: Race Theory And Political Lawyering Practice In Post-Civil Rights America, Eric K. Yamamoto Feb 1997

Critical Race Praxis: Race Theory And Political Lawyering Practice In Post-Civil Rights America, Eric K. Yamamoto

Michigan Law Review

At the end of the twentieth century, the legal status of Chinese Americans in San Francisco's public schools turns on a requested judicial finding that a desegregation order originally designed to dismantle a system subordinating nonwhites now invidiously discriminates against Chinese Americans. Brian Ho, Patrick Wong, and Hilary Chen, plaintiffs in Ho v. San Francisco Unified School District, represent "all [16,000] children of Chinese descent" eligible to attend San Francisco's public schools. Their high-profile suit, filed by small-firm attorneys, challenges the validity of a 1983 judicial consent decree desegregating San Francisco's schools. Approved in response to an NAACP class action …


The Underrepresentation Of Minorities In The Legal Profession: A Critical Race Theorist's Perspective, Alex M. Johnson Jr. Feb 1997

The Underrepresentation Of Minorities In The Legal Profession: A Critical Race Theorist's Perspective, Alex M. Johnson Jr.

Michigan Law Review

Over the last four years, I have taught a course in Critical Race Theory at the University of Virginia School of Law three times. Although each course is different, given the interplay between the teacher and the students and the integration of new developments into the course, there has been one constant subject that the students and I address: Of what import is the development of Critical Race Theory for the legal profession and larger society? Can Critical Race Theory have a positive or any effect for those outside legal academia? This article represents an attempt to explore that question …


Lynching Ethics: Toward A Theory Of Racialized Defenses, Anthony V. Alfieri Feb 1997

Lynching Ethics: Toward A Theory Of Racialized Defenses, Anthony V. Alfieri

Michigan Law Review

So much depends upon a rope in Mobile, Alabama. To hang Michael Donald, Henry Hays and James "Tiger" Knowles tied up "a piece of nylon rope about twenty feet long, yellow nylon." They borrowed the rope from Frank Cox, Hays's brother-in-law. Cox "went out in the back" of his mother's "boatshed, or something like that, maybe it was in the lodge." He "got a rope," climbed into the front seat of Hays's Buick Wildcat, and handed it to Knowles sitting in the back seat. So much depends upon a noose. Knowles "made a hangman's noose out of the rope," thirteen …


Criminal Procedure— Peremptory Challenges After Purkett V. Elem, 115 S. Ct. 1769 (1995): How To Judge A Book By Its Cover Without Violating Equal Protection, Jason Hendren Jan 1997

Criminal Procedure— Peremptory Challenges After Purkett V. Elem, 115 S. Ct. 1769 (1995): How To Judge A Book By Its Cover Without Violating Equal Protection, Jason Hendren

University of Arkansas at Little Rock Law Review

No abstract provided.


Doma: An Unconstitutional Establishment Of Fundamentalist Christianity, James M. Donovan Jan 1997

Doma: An Unconstitutional Establishment Of Fundamentalist Christianity, James M. Donovan

Michigan Journal of Gender & Law

According to the text of the Act, DOMA's purposes are "to define and protect the institution of marriage," where marriage is defined to exclude same-sex partners. To be constitutionally valid under the Establishment Clause, this notion that heterosexual marriages require "protection" from gay and lesbian persons must spring from a secular and not religious source. This Article posits that DOMA has crossed this forbidden line between the secular and the religious. DOMA, motivated and supported by fundamentalist Christian ideology, and lacking any genuine secular goals or justifications, betrays the Establishment Clause of the U.S. Constitution.


Naming The Grotesque Body In The "Nascent Jurisprudence Of Transsexualism", Richard F. Storrow Jan 1997

Naming The Grotesque Body In The "Nascent Jurisprudence Of Transsexualism", Richard F. Storrow

Michigan Journal of Gender & Law

After a description of an analytical framework constructed of theories drawn from the writings of Mikhail Bahktin, Roland Barthes, and Sigmund Freud, this Article discusses the discrepancies in courts' use of medical authority in cases considering the rights of transsexuals and then analyzes courts' ultimate refusal to recognize transsexuals' psychological sex. The thrust of this Article is an examination of the forces compelling such inconsistencies. The result is an analysis which interweaves medical, juridical, psychological and mythic perspectives to disclose the underpinnings of courts' antipathy toward transsexuals.


Shannon Faulkner And The Citadel: The Effects Of Using Litigation As An Instrument Of Social Reform, Becky Hoover Hernstein Jan 1997

Shannon Faulkner And The Citadel: The Effects Of Using Litigation As An Instrument Of Social Reform, Becky Hoover Hernstein

Circles: Buffalo Women's Journal of Law and Social Policy

No abstract provided.


Transcript For Centennial Panel Two Decades Of Intermediate Scrutiny: Evaluating Equal Protection For Women, Journal Of Gender, Social Policy & The Law Jan 1997

Transcript For Centennial Panel Two Decades Of Intermediate Scrutiny: Evaluating Equal Protection For Women, Journal Of Gender, Social Policy & The Law

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Revisiting Equality: Feminist Thought About Intermediate Scrutiny, Ann Shalleck Jan 1997

Revisiting Equality: Feminist Thought About Intermediate Scrutiny, Ann Shalleck

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Limiting Liability Through Education: Do School Districts Have A Responsibility To Teach Students About Peer Sexual Harassment?, Diane M. Welsh Jan 1997

Limiting Liability Through Education: Do School Districts Have A Responsibility To Teach Students About Peer Sexual Harassment?, Diane M. Welsh

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Reflections On The Vmi Decision, Deborah L. Brake Jan 1997

Reflections On The Vmi Decision, Deborah L. Brake

American University Journal of Gender, Social Policy & the Law

No abstract provided.


The Treatment Of Women Prisoners After The Vmi Decision: Application Of A New "Heightened Scrutiny", Rosemary M. Kennedy Jan 1997

The Treatment Of Women Prisoners After The Vmi Decision: Application Of A New "Heightened Scrutiny", Rosemary M. Kennedy

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Sexual Harassment Proscriptive Polices Of The European Community, Ireland, And New Zealand, John C. Penn Jan 1997

Sexual Harassment Proscriptive Polices Of The European Community, Ireland, And New Zealand, John C. Penn

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Deconstructing The Ideology Of White Aesthetics, John M. Kang Jan 1997

Deconstructing The Ideology Of White Aesthetics, John M. Kang

Michigan Journal of Race and Law

In this Article, the author provides a discussion on the dynamic between race and aesthetics. The author states that because Whites are the dominant group in America, they dictate what is beautiful. The consequence of this power dynamic is that the dominant group, Whites, can exercise preferences in deciding how to look or express themselves, whereas people of color are limited to either conforming to an imposed White standard or rejecting it. The author starts by laying out some of the features to what he terms the "ideology of White aesthetics." He then commences to examine how this ideology has …


In Sisterhood, Lisa C. Ikemoto Jan 1997

In Sisterhood, Lisa C. Ikemoto

Michigan Journal of Race and Law

A review of Where Is Your Body? by Mari Matsuda


The Adea In The Wake Of Seminole, Edward P. Noonan Jan 1997

The Adea In The Wake Of Seminole, Edward P. Noonan

University of Richmond Law Review

Everyone, regardless of their sex or race, has at least one thing in common, we all get older. Nonetheless, attitudes about our elders in society differ depending on the context. Sometimes the aged are considered wise; other times they are considered incompetent. In 1967, Congress attempted to combat age discrimination in the workplace with the Age Discrimination in Employment Act (ADEA or the Act). Congress found that older Americans faced "disadvantages in their efforts to retain employment" which consisted of arbitrary age limits on employment notwithstanding that person's skill and job performance. Further, Congress prohibited arbitrary age discrimination in a …


Race, Religion, And Cultural Identity: Reconciling The Jurisprudence Of Race And Religion, Tseming Yang Jan 1997

Race, Religion, And Cultural Identity: Reconciling The Jurisprudence Of Race And Religion, Tseming Yang

Indiana Law Journal

No abstract provided.


The Role Of Race-Based Jury Nullification In American Criminal Justice: Foreword, 30 J. Marshall L. Rev. 907 (1997), Timothy P. O'Neill Jan 1997

The Role Of Race-Based Jury Nullification In American Criminal Justice: Foreword, 30 J. Marshall L. Rev. 907 (1997), Timothy P. O'Neill

UIC Law Review

No abstract provided.


Race-Based Jury Nullification: Rebuttal (Part A), 30 J. Marshall L. Rev. 923 (1997), Andrew D. Leipold Jan 1997

Race-Based Jury Nullification: Rebuttal (Part A), 30 J. Marshall L. Rev. 923 (1997), Andrew D. Leipold

UIC Law Review

No abstract provided.


United States, Puerto Rico, And The Territorial Incorporation Doctrine: Reaching A Century Of Constitutional Authoritarianism, 31 J. Marshall L. Rev. 55 (1997), Gabriel A. Terrasa Jan 1997

United States, Puerto Rico, And The Territorial Incorporation Doctrine: Reaching A Century Of Constitutional Authoritarianism, 31 J. Marshall L. Rev. 55 (1997), Gabriel A. Terrasa

UIC Law Review

No abstract provided.


Brown V. State Of New York: Judge Simons Says New York State Can Be Held Liable For Money Damages, Eric J. Stockel Jan 1997

Brown V. State Of New York: Judge Simons Says New York State Can Be Held Liable For Money Damages, Eric J. Stockel

Touro Law Review

No abstract provided.


Ex Post Facto Laws: Supreme Court New York County People V. Griffin (Decided December 5, 1996 Jan 1997

Ex Post Facto Laws: Supreme Court New York County People V. Griffin (Decided December 5, 1996

Touro Law Review

No abstract provided.


Employment Law: O'Connor V. Consolidated Coin Caterers Corp. --Eliminating The Replacement Outside The Protected Class Element In Adea Hiring And Replacement Cases, David G. Harris Jan 1997

Employment Law: O'Connor V. Consolidated Coin Caterers Corp. --Eliminating The Replacement Outside The Protected Class Element In Adea Hiring And Replacement Cases, David G. Harris

Oklahoma Law Review

No abstract provided.


"The Liberal Agenda": Biblical Values And The First Amendment, Burton Caine Jan 1997

"The Liberal Agenda": Biblical Values And The First Amendment, Burton Caine

Touro Law Review

No abstract provided.


The Use Of Race In The Admissions Programs Of Higher Educational Institutions - A Violation Of The Equal Protection Clause?, Kevin Joyner Jan 1997

The Use Of Race In The Admissions Programs Of Higher Educational Institutions - A Violation Of The Equal Protection Clause?, Kevin Joyner

Campbell Law Review

This Note examines the burden placed on educational institutions to justify race-conscious admissions programs in light of the Equal Protection Clause. First, this note reviews the facts of the case and the decision in Hopwood. Next, this note provides a background of the law applicable to race-conscious programs by examining: (1) University of California v. Bakke; (2) the underlying theories of interpreting the Fourteenth Amendment; (3) the strict scrutiny standard of review; and (4) the Fourth Circuit's 1994 decision to invalidate a university's race-conscious scholarship program in Podberesky v. Kirwan. Finally, this note analyzes the decision by the Fifth Circuit. …


The O.J. Simpson Case Revisited, George Anastaplo Jan 1997

The O.J. Simpson Case Revisited, George Anastaplo

Loyola University Chicago Law Journal

No abstract provided.


Romer V. Evans: A Positive Portent Of The Future, Micah R. Onixt Jan 1997

Romer V. Evans: A Positive Portent Of The Future, Micah R. Onixt

Loyola University Chicago Law Journal

No abstract provided.