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Articles 1 - 30 of 202
Full-Text Articles in Law
Constitutional Rights And Retrenchment: The Elusive Promise Of Equal Citizenship, Deborah L. Brake
Constitutional Rights And Retrenchment: The Elusive Promise Of Equal Citizenship, Deborah L. Brake
University of Cincinnati Law Review
No abstract provided.
Expanding Equality, Terry Skolnik
Expanding Equality, Terry Skolnik
Dalhousie Law Journal
Section 15 of the Canadian Charter provides a constitutional right to equality. But the Supreme Court of Canada has interpreted this right restrictively. Today, the Constitution fails to protect certain individuals and groups against obvious forms of direct and indirect discrimination. This article argues that s. 15 of the Charter is interpreted narrowly in three respects and advances proposals to expand the right to equality. First, the right to equality framework fails to protect marginalized persons and groups against direct discrimination. Second, courts overlook how individuals can suffer discrimination based on quasi-immutable traits, which are personal characteristics that are relatively …
Education, The First Amendment, And The Constitution, Erwin Chemerinsky
Education, The First Amendment, And The Constitution, Erwin Chemerinsky
University of Cincinnati Law Review
No abstract provided.
School Matters, Ronna Greff Schneider
School Matters, Ronna Greff Schneider
University of Cincinnati Law Review
No abstract provided.
Serving Only To Oppress: An Intersectional And Critical Race Analysis Of Constitutional Originalism Inflicting Harm, Ethan Dawson
Serving Only To Oppress: An Intersectional And Critical Race Analysis Of Constitutional Originalism Inflicting Harm, Ethan Dawson
Indiana Journal of Law and Social Equality
“[T]imes can blind us to certain truths and later generations can see that laws once thought necessary and proper in fact serve only to oppress.” - Justice Anthony Kennedy, Lawrence v. Texas (2003)
This Note will first focus on a historical analysis of originalist constitutional interpretation, drawing attention to initial disparities in the Constitution incompatible with our current social context. It will discuss modern originalism as a method of perpetuating systemic shortcomings, drawing specific attention to originalist interpretation as a method of oppression against white women and people of color, specifically Black women. In analyzing the harm originalism does to …
How To Get Away With Discrimination: The Use Of Algorithms To Discriminate In The Internet Entertainment Industry, Sumra Wahid
How To Get Away With Discrimination: The Use Of Algorithms To Discriminate In The Internet Entertainment Industry, Sumra Wahid
American University Journal of Gender, Social Policy & the Law
In July 2021, Ziggi Tyler posted a video on TikTok, a popular video sharing platform, where he expressed his frustration with being a Black content creator on TikTok. The video showed Ziggi typing phrases such as “Black Lives Matter” or “Black success” into his Marketplace creator bio, which the app would immediately flag as inappropriate content. However, when Ziggi replaced those words with “white supremacy” or “white success,” no inappropriateness warning appeared. Although a TikTok spokesperson responded to the video clarifying that the app had mistakenly flagged phrases without considering word order, Ziggi refused to let an algorithm absolve TikTok …
The Roberts Court’S Anti-Democracy Jurisprudence And The Reemergence Of State Authoritarian Enclaves, Reginald Oh
The Roberts Court’S Anti-Democracy Jurisprudence And The Reemergence Of State Authoritarian Enclaves, Reginald Oh
Journal of Race, Gender, and Ethnicity
This Essay argues that the Roberts Court has been a pivotal institutional player in destabilizing constitutional democracy. It has enabled states to freely pursue agendas that are authoritarian in nature. And because authoritarianism is contrary to core principles of the Constitution, the Roberts Court’s constitutional jurisprudence has no basis in the Constitution and must ultimately be rejected.
Instead of taking steps to block authoritarian legislation and promote a fair and open political process, the Court has issued rulings catalyzing and reinforcing the authoritarian impulses of the former Jim Crow states. The Roberts Court has engaged in judicial review reinforcing authoritarianism, …
Deeply Rooted Or Deeply Flawed? A Constitutional Criticism Of Dobbs And Roe's Potential Resurrection, Julian Whitley
Deeply Rooted Or Deeply Flawed? A Constitutional Criticism Of Dobbs And Roe's Potential Resurrection, Julian Whitley
American University Journal of Gender, Social Policy & the Law
Abortion has been a divisive issue in this country for decades. Some believe that abortion should be illegal under any circumstance, others believe that abortion under certain circumstances should be legal, and still others believe that abortion should be legal in all circumstances. The issue of abortion was initially decided by the Court in 1973 under Roe v. Wade, where the Court devised a trimester approach.
Pro-Choice (Of Law): Extraterritorial Application Of State Law Using Abortion As A Case Study, Marnie Leonard
Pro-Choice (Of Law): Extraterritorial Application Of State Law Using Abortion As A Case Study, Marnie Leonard
American University Journal of Gender, Social Policy & the Law
Madison Underwood was scheduled to receive a life-saving abortion at a clinic in Tennessee when her doctor told her the procedure had been canceled. The Supreme Court had overturned the constitutional right to abortion a few days prior. Although Underwood’s abortion was still legal in Tennessee, her doctor felt performing the procedure was too risky with the law changing so quickly.
Defining Disparate Treatment: A Research Agenda For Our Times, Deborah Hellman
Defining Disparate Treatment: A Research Agenda For Our Times, Deborah Hellman
Indiana Law Journal
Both statutory and constitutional laws prohibiting discrimination forbid actions taken on the basis of certain traits. But rarely are those traits specifically defined. As a result, courts fill in these definitions and do so with consequential results. The boundaries they draw often determine whether or not a law, policy, or action constitutes disparate treatment on the basis of a legally protected trait. As disparate treatment calls for a significantly heavier burden of justification than does disparate impact, the key move putting laws, policies, and the acts of individuals into one category or the other happens in this definitional step.
Defining …
Unlocking The Beauty From Within Title Vii: Arguing For An Expansive Interpretation Of Title Vii To Protect Against Attractiveness Discrimination, Michael Conklin
Unlocking The Beauty From Within Title Vii: Arguing For An Expansive Interpretation Of Title Vii To Protect Against Attractiveness Discrimination, Michael Conklin
American University Journal of Gender, Social Policy & the Law
Beauty may only be skin deep, but discrimination against the unattractive runs far deeper. Research emphatically demonstrates that attractiveness discrimination affects nearly every aspect of life, including hiring and promotion decisions. For example, personal injury attorneys utilize economists as expert witnesses for how their clients’ reduced attractiveness will negatively affect their future earnings. Attractiveness discrimination is just as prevalent as discrimination based on ethnicity. Unfortunately, current interpretations of federal antidiscrimination legislation do not offer protections from attractiveness discrimination. This Article offers a comprehensive framework for providing such protections under an expansive interpretation of Title VII.
Loving Reparations, Eric J. Miller
Loving Reparations, Eric J. Miller
University of Colorado Law Review
No abstract provided.
Foreword: Looking Back To Move Forward: Exploring The Legacy Of U.S. Slavery, Suzette Malveaux
Foreword: Looking Back To Move Forward: Exploring The Legacy Of U.S. Slavery, Suzette Malveaux
University of Colorado Law Review
No abstract provided.
Foreword: Expanding The Boundaries Of Knowledge About Slavery And Its Legacy, Lolita Buckner Inniss
Foreword: Expanding The Boundaries Of Knowledge About Slavery And Its Legacy, Lolita Buckner Inniss
University of Colorado Law Review
No abstract provided.
Higher Education Redress Statutes: A Preliminary Analysis Of States’ Reparations In Higher Education, Christopher L. Mathis
Higher Education Redress Statutes: A Preliminary Analysis Of States’ Reparations In Higher Education, Christopher L. Mathis
University of Colorado Law Review
No abstract provided.
Shades Of Justice: Racial Profiling Then And Now, F. Michael Higginbotham
Shades Of Justice: Racial Profiling Then And Now, F. Michael Higginbotham
University of Colorado Law Review
No abstract provided.
Slave Law, Race Law, Gabriel J. Chin
Slave Law, Race Law, Gabriel J. Chin
University of Colorado Law Review
No abstract provided.
Social Construction Of Race Undergirds Racism By Providing Undue Advantages To White People, Disadvantaging Black People And Other People Of Color, And Violating The Human Rights Of All People Of Color, Adjoa A. Aiyetoro
University of Colorado Law Review
No abstract provided.
Roundtable: The 1921 Tulsa Race Massacre; The Quest For Accountability, Robert Turner
Roundtable: The 1921 Tulsa Race Massacre; The Quest For Accountability, Robert Turner
University of Colorado Law Review
No abstract provided.
The Color(Blind) Conundrum In Colorado Property Law, Tom I. Romero Ii
The Color(Blind) Conundrum In Colorado Property Law, Tom I. Romero Ii
University of Colorado Law Review
No abstract provided.
Bostock And Textualism: A Response To Berman And Krishnamurthi, Andrew Koppelman
Bostock And Textualism: A Response To Berman And Krishnamurthi, Andrew Koppelman
Notre Dame Law Review Reflection
The Bostock Court adopted an argument I’ve been making for years, and that I pressed upon it in an amicus brief: that discrimina-tion against gay people is necessarily sex discrimination. I defended Justice Neil Gorsuch’s opinion for the Court in my article, Bostock, LGBT Discrimination, and the Subtractive Moves, which catalogues various common but unsuccessful strategies for evading the force of the sex discrimination argument. That piece, originally drafted before the Supreme Court’s decision as a critique of arguments by Court of Appeals judges, was easy to revise and update. The dissenters, Justices Samuel Alito (joined by Clarence …
Confidentiality, Warning And Aids: A Proposal To Protect Patients, Third Parties And Physicians
Confidentiality, Warning And Aids: A Proposal To Protect Patients, Third Parties And Physicians
Touro Law Review
No abstract provided.
The Constitutionality Of The Title Ix Religious Exemption, Madelyn Jacobsen, Rebecca Batty, Editor
The Constitutionality Of The Title Ix Religious Exemption, Madelyn Jacobsen, Rebecca Batty, Editor
Brigham Young University Prelaw Review
Petitioners in Hunter v. Department of Education questioned the constitutionality of the Title IX religious exemption as the basis of their 2021 class-action lawsuit. They claimed that more than 30 religious schools maintained discriminatory policies against LGBTQ students under the exemption. The religious exemption, often painted as unconstitutional discrimination, permits religious schools' adherence to sincerely held religious beliefs—and promotes a distinctive religious education that secular schools lack. This paper examines legal precedents relevant to religious freedom, higher education, and discrimination that demand the Title IX religious exemption remains in effect.
Symposium: Sexual Orientation, Gender Identity & The Constitution: The Public Accommodations Dilemma - Whose Right Prevails, Meg Penrose
ConLawNOW
This essay gives a brief history of religious liberty-based objections to public accommodations law promoting societal integration and provides a potential solution. It argues there are parallels between LGBTQ discrimination and race discrimination, including the continued resistance to full integration and equality. The essay suggests a potential solution to the public accommodations dilemma between anti-discrimination and religious liberty in redefining the scope of religious liberty. Courts should protect religious services and activities—not secular services and activities. The status (religious or secular) of the person providing services should be irrelevant. The focus of public accommodations laws, and legal challenges to these …
Bias And Sexism: The Racial And Gender Wage Gap Affecting Black Women
Bias And Sexism: The Racial And Gender Wage Gap Affecting Black Women
Florida A & M University Law Review
The objective of this Article is to address the racial wage gap between Black and White women and provide a solution. Part I of this Article will discuss the history of Black women and White women in the workforce. Part II will discuss the gender wage gap as it applies to Black and White women in the 21st century. Part III will discuss how Title VII of the Civil Rights Act of 1964 and the Equal Pay Act has failed to address the gender and race issues that Black women face when it comes to work wages. Part IV will …
Bye, Bye, Bilinguals: The Removal Of English- Spanish Bilinguals From The Criminal Jury And Latino Discrimination, Ashley Rich
Bye, Bye, Bilinguals: The Removal Of English- Spanish Bilinguals From The Criminal Jury And Latino Discrimination, Ashley Rich
Chicago-Kent Law Review
No abstract provided.
Perlindungan Hukum Terhadap Pekerja Penyandang Disabilitas, Ametta Diksa Wiraputra
Perlindungan Hukum Terhadap Pekerja Penyandang Disabilitas, Ametta Diksa Wiraputra
"Dharmasisya” Jurnal Program Magister Hukum FHUI
A person with a disability is someone who has physical, intellectual, mental and / or sensory limitations for a long time. This research examines and answers problems regarding the protection of workers with disabilities in Indonesia who are currently vulnerable and still experiencing discrimination. Persons with disabilities certainly have the right to get a decent living by working and entrepreneurship as mandated in the 1945 Constitution. The type of research used in this research is descriptive analytical with secondary data types which are then analyzed by qualitative analysis with data obtained from the results of observations and interviews. The results …
The Religious Freedom Restoration Act, Trinity Lutheran, And Trumpism: Codifying Fiction With Administrative Gaslighting, Robin S. Maril
The Religious Freedom Restoration Act, Trinity Lutheran, And Trumpism: Codifying Fiction With Administrative Gaslighting, Robin S. Maril
Northwestern Journal of Law & Social Policy
This article addresses the Trump administration’s consistent misinterpretation and misapplication of legal precedent to support unnecessary religious exemptions that exceed Constitutional mandates and impair the rights of third parties to access federal services and programs. Proponents of this routinized repeal of civil rights protections argue that the Trump administration is merely restoring the correct balance of religious liberties in the federal government. However, the regulations and policies included in this campaign unconstitutionally broaden the already robust religious protections provided by statutes and court decisions and have the effect of dismantling the civil rights infrastructure of the past 50 years.
Despite …
Zarda And Sexual Orientation Expression: A New High For Title Vii Interpretation, Nico Ramos
Zarda And Sexual Orientation Expression: A New High For Title Vii Interpretation, Nico Ramos
Catholic University Law Review
Under current federal law, a majority of jurisdictions decline to extend Title VII protections based on sexual orientation; however, a growing number of circuits have reversed precedent and held that Title VII prohibits discrimination sexual orientation discrimination. The Second Circuit’s en banc decision in Zarda v. Altitude Express reached the conclusion that sexual orientation discrimination is as a cognizable claim under Title VII because in order to discriminate against a person sexual orientation, you naturally first have to take their gender into account. The Supreme Court granted certiorari and has now heard oral arguments.
Part I of this note provides …
Screened Out Of Housing: The Impact Of Misleading Tenant Screening Reports And The Potential For Criminal Expungement As A Model For Effectively Sealing Evictions, Katelyn Polk
Northwestern Journal of Law & Social Policy
Having an eviction record “blacklists” tenants from finding future housing. Even renters with mere eviction filings—not eviction orders—on their records face the harsh collateral consequences of eviction. This Note argues that eviction records should be sealed at filing and only released into the public record if a landlord prevails in court. Juvenile record expungement mechanisms in Illinois serve as a model for one way to protect people with eviction records. Recent updates to the Illinois juvenile expungement process provided for the automatic expungement of certain records and strengthened the confidentiality protections of juvenile records. Illinois protects juvenile records because it …