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Civil Rights and Discrimination

Selected Works

2011

Constitutional Law

Articles 1 - 4 of 4

Full-Text Articles in Law

Consensual Amorous Relationships Between Faculty And Students: The Constitutional Right To Privacy, Elisabeth A. Keller Nov 2011

Consensual Amorous Relationships Between Faculty And Students: The Constitutional Right To Privacy, Elisabeth A. Keller

Elisabeth Keller

Surveys of college students in the United States revealed that a significant number of students thought they had been victims of some form of sexual harassment. Growing awareness of the magnitude, dimensions, and effects of sexual harassment at educational institutions and the potential for institutional liability have prompted educators to adopt policies to avert such problems. The policies typically prohibit sexual harassment of employees and students and alert the university community to the serious effects of sexual harassment and the potential for student exploitation. Some universities have gone beyond establishing regulations directed at widely litigated problems of sexual harassment and …

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Fighting For The Debtor's Soul: Regulating Religious Commercial Conduct, Michael A. Helfand Oct 2011

Fighting For The Debtor's Soul: Regulating Religious Commercial Conduct, Michael A. Helfand

Michael A Helfand

Although courts often think of religion in terms of faith, prayer, and conscience, many religious groups are increasingly looking to religion as a source of law, commerce, and contract. As a result, courts are being called upon to regulate conduct that is simultaneously religious and commercial. In addressing such cases, some courts minimize the religious features of the case and simply focus on its secular elements while others over-exaggerate the religious features of the case and thereby refuse to adjudicate the dispute on Establishment Clause grounds. As an example of this dynamic, I explore the constitutionality of imposing sanctions for …

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Harvesting New Conceptions Of Equality: Opportunity, Results, And Neutrality, Cedric M. Powell Oct 2011

Harvesting New Conceptions Of Equality: Opportunity, Results, And Neutrality, Cedric M. Powell

Cedric M. Powell

This is a critical period in the Court’s history; there is a doctrinal shift from the Rehnquist Court’s colorblind constitutionalism to the Roberts Court’s post-racial universalism. The Fourteenth Amendment and Title VII have been inverted: under the Fourteenth Amendment, whites are the new discrete and insular minority to be protected from a result-oriented “racial” process; and, under Title VII, disparate impact is irrelevant in the absence of a “strong basis in evidence” to believe that there will be liability. In a very direct way, the Court’s race jurisprudence privileges reverse discrimination suits. To advance the critique of the Court’s doctrinal …

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Those Who Can't, Teach: What The Legal Career Of John Yoo Tells Us About Who Should Be Teaching Law, Lawrence Rosenthal Dec 2010

Those Who Can't, Teach: What The Legal Career Of John Yoo Tells Us About Who Should Be Teaching Law, Lawrence Rosenthal

Lawrence Rosenthal

Perhaps no member of the legal academy in America is more controversial than John Yoo. For his role in producing legal opinions authorizing what is thought by many to be abusive treatment of detainees as part of the Bush Administration’s “Global War on Terror,” some have called for him to be subjected to professional discipline, others have called for his criminal prosecution. This paper raises a different question: whether John Yoo – and his like – ought to be teaching law.

John Yoo provides something of a case study in the problems in legal education today. As a scholar, Professor …

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