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Civil Rights and Discrimination

Selected Works

2013

Institution
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Articles 241 - 246 of 246

Full-Text Articles in Law

Antidiscrimination Law And The Multiracial Experience: A Reply To Nancy Leong, Tina F. Botts Dec 2012

Antidiscrimination Law And The Multiracial Experience: A Reply To Nancy Leong, Tina F. Botts

Tina F Botts

Misunderstanding the concept of race as based in biology is the root error of Professor Nancy Leong's recommendation of a switch to "perceived race" in antidiscrimination law in order to protect multiracial persons from illegal racial discrimination. Once race is understood as socio-historically constructed and context-dependent rather than as rooted in biology, antidiscrimination law need only add multiracial persons to the categories of specially protected groups in order to protect multiracial persons from illegal discrimination.


Desafíos Para Los Derechos De La Persona Ante El Siglo Xxi: Familia Y Religión / Sfide Per I Diritti Della Persona Nel Xxi Secolo: Famiglia E Religione / Challenges Of Individual Rights In The Xxi Century: Family And Religion, Edoardo C. Raffiotta, Antonio Pérez Miras, Germán M. Teruel Lozano Dec 2012

Desafíos Para Los Derechos De La Persona Ante El Siglo Xxi: Familia Y Religión / Sfide Per I Diritti Della Persona Nel Xxi Secolo: Famiglia E Religione / Challenges Of Individual Rights In The Xxi Century: Family And Religion, Edoardo C. Raffiotta, Antonio Pérez Miras, Germán M. Teruel Lozano

Germán M. Teruel Lozano

Facing continuous changes and evolving social contexts that are a characteristic of a pluralistic society, a law professional encounters difficulties with re-arranged traditional institutions such as family and marriage, as well as difficulties in redefining the role of religion in our societies, especially in relation to individual rights and liberties within these institutions. To address these important topics, the author reviews the approach to the study of the challenges facing the constitution, and in particular the rights of the individual, in our multicultural societies.


Black Marriage, White People, Red Herrings, Melissa Murray Dec 2012

Black Marriage, White People, Red Herrings, Melissa Murray

Melissa Murray

No abstract provided.


Religion's Footnote Four: Church Autonomy As Arbitration, Michael A. Helfand Dec 2012

Religion's Footnote Four: Church Autonomy As Arbitration, Michael A. Helfand

Michael A Helfand

While the Supreme Court’s decision in Hosanna-Tabor v. EEOC has been hailed as an unequivocal victory for religious liberty, the Court’s holding in footnote four – that the ministerial exception is an affirmative defense and not a jurisdictional bar – undermines decades of conventional thinking about the relationship between church and state. For some time, a wide range of scholars had conceptualized the relationship between religious institutions and civil courts as “jurisdictional” – that is, scholars converged on the view that the religion clauses deprived courts of subject-matter jurisdiction over religious claims. In turn, courts could not adjudicate religious disputes …


The Use Of Tenant Screening Reports And Tenant Blacklisting—2013, Gerald Lebovits Dec 2012

The Use Of Tenant Screening Reports And Tenant Blacklisting—2013, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.


Poverty Law, Jeffrey Selbin, Scott L. Cummings Dec 2012

Poverty Law, Jeffrey Selbin, Scott L. Cummings

Jeffrey Selbin

“Poverty law” refers to policy and lawyering strategies to contest inequality. The rise of the federal welfare state shaped the contours of poverty law in the first half of the twentieth century. This combined with the rights revolution at mid-century to mobilize legal services lawyers and courts in the War on Poverty, which was the zenith of the antipoverty movement. The welfare state’s subsequent decline and federal court retrenchment channeled the antipoverty movement in new directions forged by decentralization, privatization, and globalization: moving it downward (from federal to local), outward (from state to market), and beyond (from domestic to global).