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Articles 31 - 60 of 727
Full-Text Articles in Law
Some Thoughts On The Conduct/Status Distinction, Sherry F. Colb
Some Thoughts On The Conduct/Status Distinction, Sherry F. Colb
Sherry Colb
No abstract provided.
Stopping A Moving Target, Sherry F. Colb
Plaintiphobia In The Appellate Courts: Civil Rights Really Do Differ From Negotiable Instruments, Kevin M. Clermont, Theodore Eisenberg
Plaintiphobia In The Appellate Courts: Civil Rights Really Do Differ From Negotiable Instruments, Kevin M. Clermont, Theodore Eisenberg
Kevin M. Clermont
Professors Clermont and Eisenberg conducted a systematic analysis of appellate court behavior and report that defendants have a substantial advantage over plaintiffs on appeal. Their analysis attempted to control for different variables that may affect the decision to appeal or the appellate outcome, including case complexity, case type, amount in controversy, and whether there had been a judge or a jury trial. Once they accounted for these variables and explored and discarded various alternate explanations, they came to the conclusion that a defendants' advantage exists probably because of appellate judges' misperceptions that trial level adjudicators are pro-plaintiff.
How Employment Discrimination Plaintiffs Fare In Federal Court, Kevin Clermont, Stewart Schwab
How Employment Discrimination Plaintiffs Fare In Federal Court, Kevin Clermont, Stewart Schwab
Kevin M. Clermont
This article presents the full range of information that the Administrative Office’s data convey on federal employment discrimination litigation. From that information, the authors tell three stories about (1) bringing these claims, (2) their outcome in the district court, and (3) the effect of appeal. Each of these stories is a sad one for employment discrimination plaintiffs: relatively often, the numerous plaintiffs must pursue their claims all the way through trial, which is usually a jury trial; at both pretrial and trial these plaintiffs lose disproportionately often, in all the various types of employment discrimination cases; and employment discrimination litigants …
Race And Gender In The Law Review, Cynthia Grant Bowman, Dorothy E. Roberts, Leonard S. Rubinowitz
Race And Gender In The Law Review, Cynthia Grant Bowman, Dorothy E. Roberts, Leonard S. Rubinowitz
Cynthia Grant Bowman
No abstract provided.
Domestic Violence And The Politics Of Privacy, By Kristin A. Kelly [Book Review], Cynthia Grant Bowman
Domestic Violence And The Politics Of Privacy, By Kristin A. Kelly [Book Review], Cynthia Grant Bowman
Cynthia Grant Bowman
No abstract provided.
Racial Epithets In The Criminal Process, Sheri Lynn Johnson, John H. Blume, Patrick M. Wilson
Racial Epithets In The Criminal Process, Sheri Lynn Johnson, John H. Blume, Patrick M. Wilson
John H. Blume
The evidence of modern bias is often difficult to document and, even when documented, still capable of racially neutral interpretations. In contrast, the use of racial epithets is neither subtle nor ambiguous. Prior to the research that generated this article and our representation of two clients whose cases involved racial epithets, we would have assumed that the use of a racial epithet by a decision-maker in a criminal trial would be rare, but that assumption turns out to be wrong. We also would have assumed that the use of an epithet by any of the decision makers would lead to …
Road To Booker And Beyond: Constitutional Limits On Sentence Enhancements, John Gleeson
Road To Booker And Beyond: Constitutional Limits On Sentence Enhancements, John Gleeson
Touro Law Review
No abstract provided.
Discrimination Cases In The October 2004 Term, Eileen M. Kaufman
Discrimination Cases In The October 2004 Term, Eileen M. Kaufman
Touro Law Review
No abstract provided.
Race Indeed Above All: A Reply To Professors Andrea Curcio, Carol Chomsky, And Eileen Kaufman, Dan Subotnik
Race Indeed Above All: A Reply To Professors Andrea Curcio, Carol Chomsky, And Eileen Kaufman, Dan Subotnik
University of Massachusetts Law Review
Dan Subotnik responds to Andrea Curcio, Chomsky, and Eileen Kaufman, Testing, Diversity, and Merit: A Reply to Dan Subotnik and Others, 9 U. Mass. L. Rev. 206 (2014).
Do Cameras Make A Difference? The Death Of Eric Garner And Another “No Indictment”, Donald Roth
Do Cameras Make A Difference? The Death Of Eric Garner And Another “No Indictment”, Donald Roth
Faculty Work Comprehensive List
"If body cameras are supposed to help clear up the record, why was there no indictment in a case that seems so clearly abusive, and if a grand jury declined to indict despite the video evidence, what use is adopting cameras?"
Posting about the grand jury decision in New York City following the death of Eric Garner and how Christians should react to it from In All Things - an online hub committed to the claim that the life, death, and resurrection of Jesus Christ has implications for the entire world.
Protecting Human Rights: The Approach Of The Singapore Courts, Jack Tsen-Ta Lee
Protecting Human Rights: The Approach Of The Singapore Courts, Jack Tsen-Ta Lee
Jack Tsen-Ta LEE
The Constitution is the supreme law of Singapore, but have the courts unnecessarily limited their role of upholding the Constitution? This article is based on a speech delivered at an event at the Conrad Centennial Singapore on 4 December 2014 entitled The Role of the Judiciary in the Promotion and Protection of Human Rights organized by the Delegation of the European Union to Singapore to commemorate Human Rights Day.
The Reasonable Woman And The "Warrior Code", Lyrissa Barnett Lidsky
The Reasonable Woman And The "Warrior Code", Lyrissa Barnett Lidsky
Lyrissa Barnett Lidsky
In the provocative book A Law of Her Own: The Reasonable Woman as a Measure of Man, Caroline Forell and Donna Matthews argue that existing law systematically undervalues women's experiences of sexual harassment and sexual violence. In essence, the authors contend that law is a "warrior code" that is unduly forgiving of sexual aggression and violence, and they support this contention by showing how "male-centered values" permeate the law of sexual harassment, stalking, domestic violence, and rape. This critique alone would make this work worthy of serious consideration by anyone concerned with the law's treatment of women.
Memorandum Of Amici Curiae Fred T. Korematsu Center For Law And Equality And Columbia Legal Services In Support Of Petition For Review, Fred T. Korematsu Center For Law And Equality, Lisa Brodoff
Memorandum Of Amici Curiae Fred T. Korematsu Center For Law And Equality And Columbia Legal Services In Support Of Petition For Review, Fred T. Korematsu Center For Law And Equality, Lisa Brodoff
Fred T. Korematsu Center for Law and Equality
Semenenko v. Dep't of Social and Health Services
Racial Profiling: A Status Report Of The Legal, Legislative, And Empirical Literature, Katheryn Russell-Brown
Racial Profiling: A Status Report Of The Legal, Legislative, And Empirical Literature, Katheryn Russell-Brown
Katheryn Russell-Brown
In recent years, there have been several widely-publicized cases in which racial profiling became police brutality. As well, there have been scores of famous Black men who have offered their personal accounts as victims of racial profiling. All of these have helped to propel the issue onto the nation's front burner. The varied responses to racial profiling indicate the range of groups affected by and concerned about the practice. Notably, this includes former President Bill Clinton, who shared his belief that racial profiling is a national problem. The issue of racial profiling has evoked a wide range of policy responses, …
"Driving While Black": Corollary Phenomena And Collateral Consequences, Katheryn Russell-Brown
"Driving While Black": Corollary Phenomena And Collateral Consequences, Katheryn Russell-Brown
Katheryn Russell-Brown
In the public arena, issues of race continue to command center stage. The ongoing debates and discussions have raised new questions, while not necessarily answering the old ones. Specifically, the recent dialogues have focused on the role that Blackness plays in today's society. Some assign Blackness a primary role, others believe it is secondary. Still others dismiss it as tertiary. These varied positions, ranging from "race has nothing to do with this" to "race has everything to do with this" have in some ways canceled out any meaningful discussion of racial issues. Each of the racial camps has been allowed …
Black Protectionism As A Civil Rights Strategy, Katheryn Russell-Brown
Black Protectionism As A Civil Rights Strategy, Katheryn Russell-Brown
Katheryn Russell-Brown
This Article has identified and outlined the parameters of Black protectionism, a practice used by African-Americans to protect prominent community members who have been charged with criminal or unethical activity. This practice took root during slavery-during a time when a false or minor charge against one African-American could result in death or great bodily harm to him and scores of other African-Americans. History has cultivated a culture of Black mistrust of Whites in particular and mainstream society in general. This suspicion is reinforced with the continued disparate treatment of African-Americans within the criminal justice system. History and contemporary conditions explain …
Brief Amicus Curiae For The National Black Law Students Association In Support Of Respondent, Texas Dep’T Of Housing And Community Affairs V. Inclusive Communities Project, Inc. (No. 13-1371), U.S. Supreme Court (January 2013) (With Deborah N. Archer & Erika L. Wood)., New York Law School Racial Justice Project
Brief Amicus Curiae For The National Black Law Students Association In Support Of Respondent, Texas Dep’T Of Housing And Community Affairs V. Inclusive Communities Project, Inc. (No. 13-1371), U.S. Supreme Court (January 2013) (With Deborah N. Archer & Erika L. Wood)., New York Law School Racial Justice Project
Racial Justice Project
No abstract provided.
Amici Curiae Brief On Behalf Of The Fred T. Korematsu Center For Law And Equality And The American Academy Of Child And Adolescent Psychiatry In Support Of Petitioner Filed With Consent Of Parties, Fred T. Korematsu Center For Law And Equality, Attorneys For Amicus Curiae
Amici Curiae Brief On Behalf Of The Fred T. Korematsu Center For Law And Equality And The American Academy Of Child And Adolescent Psychiatry In Support Of Petitioner Filed With Consent Of Parties, Fred T. Korematsu Center For Law And Equality, Attorneys For Amicus Curiae
Fred T. Korematsu Center for Law and Equality
In re Collier; State of Missouri ex rel Griffin; In re McElroy; State of Missouri ex rel Lockhart
Vawa @ 20: Gender Violence And Civil Rights, Julie Goldscheid
Vawa @ 20: Gender Violence And Civil Rights, Julie Goldscheid
City University of New York Law Review
No abstract provided.
Racial Disparity In Federal Criminal Sentences, M. Marit Rehavi, Sonja B. Starr
Racial Disparity In Federal Criminal Sentences, M. Marit Rehavi, Sonja B. Starr
Articles
Using rich data linking federal cases from arrest through to sentencing, we find that initial case and defendant characteristics, including arrest offense and criminal history, can explain most of the large raw racial disparity in federal sentences, but significant gaps remain. Across the distribution, blacks receive sentences that are almost 10 percent longer than those of comparable whites arrested for the same crimes. Most of this disparity can be explained by prosecutors’ initial charging decisions, particularly the filing of charges carrying mandatory minimum sentences. Ceteris paribus, the odds of black arrestees facing such a charge are 1.75 times higher than …
An Empirical Analysis Of Diversity In The Legal Profession, Jason P. Nance, Paul E. Madsen
An Empirical Analysis Of Diversity In The Legal Profession, Jason P. Nance, Paul E. Madsen
UF Law Faculty Publications
The purpose of this Study is to empirically examine the diversity of the legal profession. The primary distinctive features of this empirical analysis are that it evaluates diversity in the legal profession by (a) carefully comparing it against other prestigious professions that have significant barriers to entry, and (b) focusing on young individuals who recently began their careers. These distinctions are made to isolate anomalies that are more likely caused by forces specific to the legal profession rather than general social forces that limit the eligibility of historically disadvantaged groups to pursue prestigious employment opportunities. Further, by narrowing our focus …
Workplace Discrimination As A Public Health Issue: The Necessity Of Title Vii Protections For Volunteers, Elizabeth R. Langton
Workplace Discrimination As A Public Health Issue: The Necessity Of Title Vii Protections For Volunteers, Elizabeth R. Langton
Fordham Law Review
What constitutes an employee is a recurring issue in U.S. employment law, especially with respect to volunteers. Under Title VII, an employee is defined as “an individual employed by an employer.” The U.S. Supreme Court has found that this definition is circular and explains nothing. Given the vague statutory definition of “employee,” circuit courts are split over the correct test to determine employee status for the purposes of Title VII.
Workplace discrimination is especially toxic because the majority of the adult population spends its waking hours at work. Thus far, courts have been focused on the individual nature of workplace …
United States Ratification Of The United Nations Covenants, Richard B. Lillich
United States Ratification Of The United Nations Covenants, Richard B. Lillich
Georgia Journal of International & Comparative Law
No abstract provided.
No Indictment: Making Sense Of Monday's Decision In Ferguson, Donald Roth
No Indictment: Making Sense Of Monday's Decision In Ferguson, Donald Roth
Faculty Work Comprehensive List
"It was no surprise that this decision stirred strong emotional responses across the board, with many taking the same decision as either full exoneration of Mr. Wilson or proof positive of a racist system incapable of producing justice. So how do we make sense of what has happened?"
Posting about the grand jury decision in Ferguson, Missouri following the death of Michael Brown and how Christians should react to it from In All Things - an online hub committed to the claim that the life, death, and resurrection of Jesus Christ has implications for the entire world.
http://inallthings.org/no-indictment-making-sense-of-mondays-decision-in-ferguson/
William Faulkner, Legal Commentator: Humanity And Endurance In Hollywood's Yoknapatawpha, Michael Allan Wolf
William Faulkner, Legal Commentator: Humanity And Endurance In Hollywood's Yoknapatawpha, Michael Allan Wolf
Michael A Wolf
Two of the several films based on William Faulkner's writings - “Intruder in the Dust” and “Tomorrow” - are sensitive adaptations that are permeated with themes regarding the nature of justice, the role of the attorney, and the place of law and lawlessness in society. In many ways, a careful study of each of these two films (and of the novel and story upon which they are based) reveals that William Faulkner holds a place as an important American legal commentator. No writer (before or since Faulkner) captures so vividly and so truly the moral predicament of an American South …
The Law Of Gender Stereotyping And The Work-Family Conflicts Of Men, Stephanie Bornstein
The Law Of Gender Stereotyping And The Work-Family Conflicts Of Men, Stephanie Bornstein
Stephanie Bornstein
This Article looks back to the early equal protection jurisprudence of the 1970s and Ruth Bader Ginsburg's litigation strategy of using men as plaintiffs in sex discrimination cases to cast a renewed focus on antidiscrimination law as a means to redress the work-family conflicts of men. From the beginning of her litigation strategy as the head of the ACLU Women's Rights Project, Ginsburg defined sex discrimination as the detrimental effects of gender stereotypes that constrained both men and women from living their lives as they wished-not solely the minority status of women. The same sex-based stereotypes that kept women out …
School Surveillance And The Fourth Amendment, Jason P. Nance
School Surveillance And The Fourth Amendment, Jason P. Nance
Jason P. Nance
In the aftermath of several highly-publicized incidents of school violence, public school officials have increasingly turned to intense surveillance methods to promote school safety. The current jurisprudence interpreting the Fourth Amendment generally permits school officials to employ a variety of strict measures, separately or in conjunction, even when their use creates a prison-like environment for students. Yet, not all schools rely on such strict measures. Recent empirical evidence suggests that low-income and minority students are much more likely to experience intense security conditions in their school than other students, even after taking into account factors such as neighborhood crime, school …
Diversity As A Dead-End, Kenneth B. Nunn
Diversity As A Dead-End, Kenneth B. Nunn
Kenneth B. Nunn
Supreme Court cases on diversity could only assist if they defined diversity in a way that allowed institutions to admit significant numbers of the type of individuals that the institutions were lacking. This is precisely what the Supreme Court's cases on diversity do not do. Furthermore, the Supreme Court's view of diversity is flawed because it does not address existing power differentials between Blacks and Whites. As a result diversity, as it is defined by the Supreme Court, is a dead-end for those who are concerned about social justice and equity in higher education.
Race, Crime And The Pool Of Surplus Criminality: Or Why The "War On Drugs" Was A "War On Blacks", Kenneth B. Nunn
Race, Crime And The Pool Of Surplus Criminality: Or Why The "War On Drugs" Was A "War On Blacks", Kenneth B. Nunn
Kenneth B. Nunn
The War on Drugs has had a devastating effect on African American communities nationwide. The concept of the pool of surplus criminality may explain the drug war's focus on African Americans. Faced with a perceived drug problem, White Americans naturally identified African American people as the source of that threat and targeted them for police harassment and penal control. There are ways in which the drug war may be construed as a race war. The disproportionate impact on the African American community, evidence that policy makers anticipated the drug war would disproportionately harm the African American community, and the historic …