Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Civil Rights and Discrimination (67)
- Law and Race (23)
- Constitutional Law (22)
- Labor and Employment Law (21)
- Law and Society (13)
-
- Criminal Law (12)
- Human Rights Law (12)
- Law and Gender (11)
- Civil Law (9)
- Civil Procedure (9)
- Courts (9)
- Disability Law (9)
- Legislation (9)
- Social and Behavioral Sciences (9)
- Supreme Court of the United States (9)
- Education Law (8)
- Judges (7)
- Legal Profession (7)
- State and Local Government Law (7)
- Arts and Humanities (6)
- Criminal Procedure (6)
- Immigration Law (6)
- Religion Law (6)
- Fourteenth Amendment (5)
- International and Area Studies (5)
- Legal Ethics and Professional Responsibility (5)
- Litigation (5)
- Political Science (5)
- Race, Ethnicity and Post-Colonial Studies (5)
- Institution
-
- Touro University Jacob D. Fuchsberg Law Center (11)
- Selected Works (10)
- St. John's University School of Law (10)
- University of Miami Law School (6)
- University of Richmond (6)
-
- University of Michigan Law School (5)
- Brigham Young University (4)
- Brooklyn Law School (4)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (4)
- Seattle University School of Law (3)
- University of Washington School of Law (3)
- Columbia Law School (2)
- Loyola Marymount University and Loyola Law School (2)
- Northwestern Pritzker School of Law (2)
- Roger Williams University (2)
- Saint Louis University School of Law (2)
- University of Cincinnati College of Law (2)
- University of Massachusetts School of Law (2)
- Vanderbilt University Law School (2)
- Barry University School of Law (1)
- California Western School of Law (1)
- Chicago-Kent College of Law (1)
- De La Salle University (1)
- DePaul University (1)
- Duke Law (1)
- Florida A&M University College of Law (1)
- Florida State University College of Law (1)
- Fordham Law School (1)
- Louisiana State University Law Center (1)
- Ohio Northern University (1)
- Publication
-
- Touro Law Review (11)
- St. John's Law Review (8)
- Faculty Scholarship (6)
- University of Miami Business Law Review (6)
- TSOS Interview Gallery (4)
-
- University of Richmond Law Review (4)
- Court Briefs (3)
- Seattle University Law Review (3)
- Supreme Court Briefs (3)
- Brooklyn Law Review (2)
- Faculty Articles and Other Publications (2)
- Faculty Publications (2)
- Journal of Civil Rights and Economic Development (2)
- Law Faculty Publications (2)
- Law Faculty Scholarship (2)
- Loyola of Los Angeles Law Review (2)
- Michigan Journal of Gender & Law (2)
- Northwestern University Law Review (2)
- Saint Louis University Law Journal (2)
- Scholarly Works (2)
- University of Massachusetts Law Review (2)
- Vanderbilt Law School Faculty Publications (2)
- All Faculty Scholarship (1)
- Articles (1)
- Barbara J. Fick (1)
- Brooklyn Journal of International Law (1)
- Center for Business Research and Development (1)
- Christopher Edley (1)
- David Schraub (1)
- DePaul Journal for Social Justice (1)
- Publication Type
Articles 31 - 60 of 105
Full-Text Articles in Law
Prosecuting Rape Victims While Rapists Run Free: The Consequences Of Police Failure To Investigate Sex Crimes In Britain And The United States, Lisa Avalos
Lisa Avalos
The Thirteenth Amendment, Disparate Impact, And Empathy Deficits, Darrell A.H. Miller
The Thirteenth Amendment, Disparate Impact, And Empathy Deficits, Darrell A.H. Miller
Seattle University Law Review
Modern civil rights policy is, as the late Justice Scalia warned, at “war.” On the one hand, some laws, like Title VII of the Civil Rights Act of 1964 (Title VII) and the Fair Housing Act, can impose liability for decisions due to their racial impacts rather than their racial motivation. Defendants in such cases can always respond that the challenged decision (a test, a criterion, an allocation) is necessary in some legally cognizable sense; but the courthouse doors open with the prima facie case of disparate impact. On the other hand, the Fourteenth Amendment’s Equal Protection Clause, ever since …
A Positive Right To Free Labor, Rebecca E. Zietlow
A Positive Right To Free Labor, Rebecca E. Zietlow
Seattle University Law Review
This Article seeks to resurrect a lost thread in our civil rights tradition: the idea that workers have a positive right to free labor. A positive right to free labor includes the right to work for a living wage free of undue coercion and free from discrimination based on immutable characteristics. Not merely the negative guarantee against the state’s infringement on individual equality and liberty, a positive right to free labor is immediately enforceable against state and private parties. A positive right to free labor is rooted in the Thirteenth Amendment of the Constitution, which prohibits slavery and involuntary servitude …
Causation In Whistleblowing Claims, Nancy M. Modesitt
Causation In Whistleblowing Claims, Nancy M. Modesitt
University of Richmond Law Review
his article attempts to bring coherence to the confusion of state whistleblower causation standards by: (1) explaining the causation standards presently used in federal whistleblower protection statutes; (2) identifying the proliferating causation standards used in whistleblower claims brought under state law; (3) assessing the most commonly used causation standards, including exploring the tort causation doctrine and theory that underlie some of these standards; and (4) proposing a uniform standard for causation in state whistle- blower litigation.
From Wedding Bells To Working Women: Unmasking The Sexism Resulting From “Illicit Concubinage” In Louisiana’S Jurisprudence, Brittanie Wagnon
From Wedding Bells To Working Women: Unmasking The Sexism Resulting From “Illicit Concubinage” In Louisiana’S Jurisprudence, Brittanie Wagnon
Louisiana Law Review
No abstract provided.
How The Ada Regulates And Restricts Solitary Confinement For People With Mental Disabilities, Margo Schlanger
How The Ada Regulates And Restricts Solitary Confinement For People With Mental Disabilities, Margo Schlanger
Other Publications
In a landmark decision two decades ago, United States District Judge Thelton Henderson emphasized the toxic effects of solitary confinement for inmates with mental illness. In Madrid v. Gomez, a case about California’s Pelican Bay prison, Judge Henderson wrote that isolated conditions in the Special Housing Unit, or SHU, while not amounting to cruel and unusual punishment for all prisoners, were unconstitutional for those “at a particularly high risk for suffering very serious or severe injury to their mental health . . . .” Vulnerable prisoners included those with pre-existing mental illness, intellectual disabilities, and brain damage. Henderson concluded that …
It Is Political: Using The Models Of Judicial Decision Making To Explain The Ideological History Of Title Vii, Kate Webber
It Is Political: Using The Models Of Judicial Decision Making To Explain The Ideological History Of Title Vii, Kate Webber
St. John's Law Review
(Excerpt)
In Part I, this Article details the key features of Title VII’s history, explaining the statute, the significant role the Supreme Court has played in its interpretation, and the history of congressional intervention to override Supreme Court decisions on key issues. Part II reviews the existing evidence for and against an ideological interpretation of Title VII’s case law. Part III introduces the political science models of judicial decision making and applies the models to Title VII. Part III also details the models’ evidence of ideological voting by the Supreme Court and matches this evidence with voting patterns in Title …
When The Court Makes Title Vii Law And Policy: Disparate Impact And The Journey From Griggs To Ricci, Ronald Turner
When The Court Makes Title Vii Law And Policy: Disparate Impact And The Journey From Griggs To Ricci, Ronald Turner
St. John's Law Review
(Excerpt)
This Article focuses on judicial lawmaking and policymaking in an important area of antidiscrimination law—Title VII of the Civil Rights Act of 1964’s regulatory regime. As enacted in 1964, Title VII only prohibited intentional employment discrimination on the basis of race, color, religion, sex, or national origin. The statute requires a finding that an employer “has intentionally engaged in or is intentionally engaging in an unlawful employment practice charged in the complaint.” “[Such] ‘disparate treatment’ . . . is the most easily understood type of discrimination. The employer simply treats some people less favorably than others . . . …
Title Vii At 50: The Landmark Law Has Significantly Impacted Relationships In The Workplace And Society, But Title Vii Has Not Reached Its True Potential, Cynthia Elaine Tompkins
Title Vii At 50: The Landmark Law Has Significantly Impacted Relationships In The Workplace And Society, But Title Vii Has Not Reached Its True Potential, Cynthia Elaine Tompkins
St. John's Law Review
(Excerpt)
This Article’s historical chronicle provides a valuable backdrop for an examination of Title VII. Part II analyzes Title VII’s impact on race relations in the workplace and society. While progress has been made in the effort to provide equal opportunities for all workplace employees, Title VII legislation has not eliminated employment discrimination. As Title VII marches toward its sixtieth anniversary, this Article’s final section, Part III, reviews unconscious bias and other current challenges preventing Title VII from reaching its true potential.
The Influence Of Justice Thurgood Marshall On The Development Of Title Vii Jurisprudence, Wendy B. Scott, Jada Akers, Amy White
The Influence Of Justice Thurgood Marshall On The Development Of Title Vii Jurisprudence, Wendy B. Scott, Jada Akers, Amy White
St. John's Law Review
(Excerpt)
This Article highlights Justice Marshall’s influence on the development of Title VII jurisprudence. Part I presents a brief overview of Justice Marshall’s personal and professional life before becoming a Justice to show how his experience influenced the development of his judicial philosophy. Part II summarizes the Court’s approach to some of the issues left unresolved by Congress in the initial passage of Title VII. Specifically, it explores how the Court determined what would constitute a violation of Title VII and standards of pleading and proof. Part III examines the changes in the Court’s jurisprudence before Justice Marshall retired from …
An Evolving Workforce, An Adapting Law: Title Vii's Coverage Of Gender Identity And Criminal History, Sandra Pullman
An Evolving Workforce, An Adapting Law: Title Vii's Coverage Of Gender Identity And Criminal History, Sandra Pullman
St. John's Law Review
(Excerpt)
In the half-century since the passage of the Civil Rights Act of 1964, workplace protections under the statute have expanded in a variety of ways. Legal theories that were once considered novel have increasingly been accepted in federal courts across the country, extending coverage to more employees than ever before. Yet, an analysis of these developing issues also exposes the limitations of federal antidiscrimination law. Below, this Article examines the ways that Title VII has been applied to two particularly vulnerable groups: transgender individuals and individuals with criminal records.
Past As Prologue In The Affirmative Action Jurisprudence Of The Supreme Court: Reflections On Fisher V. University Of Texas At Austin And Schuette V. Coalition To Defend Affirmative Action, David L. Gregory, Sarah Mannix
Past As Prologue In The Affirmative Action Jurisprudence Of The Supreme Court: Reflections On Fisher V. University Of Texas At Austin And Schuette V. Coalition To Defend Affirmative Action, David L. Gregory, Sarah Mannix
St. John's Law Review
(Excerpt)
This Article critically analyzes the dimensions and likely ramifications of Fisher and Schuette. The principle of pragmatic political proportionality eschews the wholly ideological extremist views that would either utterly vitiate affirmative action or deeply embed it as a substantially obsolete elitist residue of endless recalibrating. Instead, this Article subscribes to Lincolnian practical wisdom supplemented with a healthy dose of plain common sense. Enlightened political leadership should seek achievable pragmatic proportionality as the guiding principle controlling access to public institutions of higher education and, consequently, entry into the professions.
Debunking Unequal Burdens, Trivial Violations, Harmless Stereotypes, And Similar Judicial Myths: The Convergence Of Title Vii Literalism, Congressional Intent, And Kantian Dignity Theory, Peter Brandon Bayer
Debunking Unequal Burdens, Trivial Violations, Harmless Stereotypes, And Similar Judicial Myths: The Convergence Of Title Vii Literalism, Congressional Intent, And Kantian Dignity Theory, Peter Brandon Bayer
St. John's Law Review
(Excerpt)
The line of argument is not complex. Part I explicates the unequal burden doctrine and its link to the predecessor theory of “mutable characteristics.” Part II offers the aforementioned statutorily formal argument, disproving unequal burden theory through an examination of Title VII’s plain language and structure in light of modern Supreme Court precedents addressing Title VII’s ban against stereotyping. This analysis places special emphasis on 42 U.S.C. § 2000e-2(m), in which Congress clarified that plaintiffs prevail when discriminatory animus merely is a “motivating factor” rather than the “but-for cause” of the defendants’ conduct.
Although not the lengthiest discussion herein …
Introduction, David L. Gregory, Elizabeth Anne Tippett
Introduction, David L. Gregory, Elizabeth Anne Tippett
St. John's Law Review
(Excerpt)
Through this Title VII Symposium, St. John’s University School of Law proudly participates in a larger and continuing national discussion of the role and state of civil rights in the United States.
Police Misconduct - A Plaintiff's Point Of View, Part Ii, John Williams
Police Misconduct - A Plaintiff's Point Of View, Part Ii, John Williams
Touro Law Review
No abstract provided.
Police Misconduct - A Plaintiff's Point Of View, Fred Brewington
Police Misconduct - A Plaintiff's Point Of View, Fred Brewington
Touro Law Review
No abstract provided.
Criminal Prosecution And Section 1983, Barry C. Scheck
Criminal Prosecution And Section 1983, Barry C. Scheck
Touro Law Review
No abstract provided.
Section 1983 Custom Claims And The Code Of Silence, Myriam Gilles
Section 1983 Custom Claims And The Code Of Silence, Myriam Gilles
Touro Law Review
No abstract provided.
¿El Derecho A Una Vida Sin Discriminación?: Un Análisis De Las Representaciones Discriminatorias Sobre Los Migrantes Bolivianos Por Parte De Los Residentes Argentinos En El Barrio Porteño De Flores, Kelly Johnson
Independent Study Project (ISP) Collection
Argentina has always been a country where migration has influenced the nation’s identity. Although migration from bordering countries towards Argentina is a phenomenon that dates back to the beginnings of the nation, since the 1990s this migratory phenomenon has been the most visible in the country, especially migration from Bolivia. The visibilization of these migrants, who do not always share the characteristics of the hegemonic Argentine (the figure of the son of white European immigrants), caused in the 1990s a surge of discrimination and social rejection. Combined with the continued existence of the restrictive “Videla Law,” a migratory law from …
Sutton V. United Airlines, Inc.: The Supreme Court "Substantially Limits" The Americans With Disabilities Act, Stephanie Beige
Sutton V. United Airlines, Inc.: The Supreme Court "Substantially Limits" The Americans With Disabilities Act, Stephanie Beige
Touro Law Review
No abstract provided.
Summary Judgement In Employment Discrimination Cases In The Eastern District Of New York, Peter J. Ausili
Summary Judgement In Employment Discrimination Cases In The Eastern District Of New York, Peter J. Ausili
Touro Law Review
No abstract provided.
How To Screen For Success In Employment Law Cases, Robert M. Rosen
How To Screen For Success In Employment Law Cases, Robert M. Rosen
Touro Law Review
No abstract provided.
Strategic Evidence Issues In Equal Employment Litigation, Marc Rosenblum
Strategic Evidence Issues In Equal Employment Litigation, Marc Rosenblum
Touro Law Review
No abstract provided.
Nela Touro Conference 1999 Selected Second Circuit Cases Of Interest, Lawrence Solotoff
Nela Touro Conference 1999 Selected Second Circuit Cases Of Interest, Lawrence Solotoff
Touro Law Review
No abstract provided.
Discrimination And Business Regulation, Eileen Kaufman
Discrimination And Business Regulation, Eileen Kaufman
Touro Law Review
No abstract provided.
Petition For A Writ Of Certiorari. Flowers V. Troup County School District, 136 S.Ct. 2510 (2016) (No. 15-1144), 2016 Wl 1042969, Eric Schnapper, Ruth W. Woodling
Petition For A Writ Of Certiorari. Flowers V. Troup County School District, 136 S.Ct. 2510 (2016) (No. 15-1144), 2016 Wl 1042969, Eric Schnapper, Ruth W. Woodling
Court Briefs
QUESTION PRESENTED Reeves v. Sanderson Plumbing Products, Inc., held in an action under the Age Discrimination in Employment Act, that a plaintiff may ordinarily prove the existence of an unlawful motive by establishing a prima facie case and demonstrating the falsity of the employer’s proffered explanation for the disputed employment, and that a plaintiff who does so need not also offer some other additional evidence of discrimination. The Eleventh Circuit held in this Title VII action that the existence of an unlawful motive may not be established in that manner; a plaintiff who establishes a prima facie case and the …
Discrimination Cases In The 2000 Term, Eileen Kaufman
Discrimination Cases In The 2000 Term, Eileen Kaufman
Touro Law Review
No abstract provided.
Special Treatment Stigma After The Ada Amendments Act, Nicole Buonocore Porter
Special Treatment Stigma After The Ada Amendments Act, Nicole Buonocore Porter
Pepperdine Law Review
This article explores a unique source of stigma suffered by individuals with disabilities in the workplace. Instead of focusing on those with the most stigmatizing disabilities, I focus on those individuals who have disabilities that are not perceived as very severe, yet they still suffer stigma. These individuals are stigmatized because of the special treatment they receive (or are perceived as receiving) through workplace accommodations provided pursuant to the Americans with Disabilities Act (ADA). In prior work, I have called this phenomenon “special treatment stigma,” the harm that arises from receiving special treatment in the workplace, especially when co-workers believe …
At Fifty, Title Vii Needs A Facelift: Two Reforms That Would Ensure Title Vii Works To Prohibit All Racial Discrimination In Employment, Joshua P. Thompson, Ralph W. Kasarda
At Fifty, Title Vii Needs A Facelift: Two Reforms That Would Ensure Title Vii Works To Prohibit All Racial Discrimination In Employment, Joshua P. Thompson, Ralph W. Kasarda
Journal of Civil Rights and Economic Development
No abstract provided.
Reality's Bite, Kerri Lynn Stone
Reality's Bite, Kerri Lynn Stone
Journal of Civil Rights and Economic Development
No abstract provided.