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Articles 1 - 30 of 173
Full-Text Articles in Law
Never Equals: Slavery, White Masculinities, And The Legacy Of Law In Today’S Workplace, Ann C. Mcginley
Never Equals: Slavery, White Masculinities, And The Legacy Of Law In Today’S Workplace, Ann C. Mcginley
Scholarly Works
This essay discusses two themes of Race Unequals: (1) the role of law in creating and reinforcing gendered, classed, and raced identities on plantations in the Antebellum South; and (2) the existence of slavery's legacy today in workplaces and the law's frequent failure to remedy its damaging tentacles. Part II describes masculinities studies from the social sciences and Multidimensional Masculinities Theory in law and applies the theory to analyze the first theme. Part III considers slavery's legacy in today's workplaces and analyzes employment discrimination law's shortcomings in eliminating racism in workplaces. The essay concludes that White masculinities, established in the …
Harris V. State, 138 Nev. Adv. Op. 40 (June 2, 2022), Candace Mays
Harris V. State, 138 Nev. Adv. Op. 40 (June 2, 2022), Candace Mays
Nevada Supreme Court Summaries
The Nevada Supreme Court considered whether the district court erroneously dismissed the rights deprivation claims of the appellant, an incarcerated individual, on procedural grounds. The Court held that the lower court erred in dismissing the appellant’s claims with prejudice under NRCP 12(b)(5) when he had pleaded facts sufficient to place the respondents on notice of the nature of the claim and relief sought, in accordance with Nevada’s notice-pleading standard. The Court also held that the lower court erred in dismissing the appellant’s complaint with prejudice, without granting leave to amend to resolve the deficiencies in service, and without an explanation …
Pregnant Workers Fairness Acts: Advancing A Progressive Policy In Both Red And Blue America, Deborah A. Widiss
Pregnant Workers Fairness Acts: Advancing A Progressive Policy In Both Red And Blue America, Deborah A. Widiss
Nevada Law Journal
No abstract provided.
Felony Disenfranchisement And Voting Rights Restoration In The States, Manoj Mate
Felony Disenfranchisement And Voting Rights Restoration In The States, Manoj Mate
Nevada Law Journal
No abstract provided.
Tackling The Qualified Immunity Problem With State Law, Andréa Vieira, Addie C. Rolnick, Anona Su
Tackling The Qualified Immunity Problem With State Law, Andréa Vieira, Addie C. Rolnick, Anona Su
Nevada Law Journal
No abstract provided.
#Freethehair: How Black Hair Is Transforming State And Local Civil Rights Legislation, D. Wendy Greene
#Freethehair: How Black Hair Is Transforming State And Local Civil Rights Legislation, D. Wendy Greene
Nevada Law Journal
No abstract provided.
Nevada As An Example: State Immigration Reform In A Swing State, Michael Kagan, Selena Torres, Jorge "Coco" Padilla
Nevada As An Example: State Immigration Reform In A Swing State, Michael Kagan, Selena Torres, Jorge "Coco" Padilla
Nevada Law Journal
No abstract provided.
Introduction: A Symposium On Enhancing Civil And Constitutional Rights Through State And Local Action, Ann C. Mcginley
Introduction: A Symposium On Enhancing Civil And Constitutional Rights Through State And Local Action, Ann C. Mcginley
Nevada Law Journal
No abstract provided.
Legislating A Pathway To Improved Outcomes For People Living With Hiv And Lgbtq+ Nevadans, Dallas Harris, André Wade
Legislating A Pathway To Improved Outcomes For People Living With Hiv And Lgbtq+ Nevadans, Dallas Harris, André Wade
Nevada Law Journal
No abstract provided.
Stopping Anti-Asian Hate: Local Solutions To A National Problem, Stewart Chang
Stopping Anti-Asian Hate: Local Solutions To A National Problem, Stewart Chang
Nevada Law Journal
No abstract provided.
No Path Forward: Nevada’S Death Penalty, Randolph M. Fiedler
No Path Forward: Nevada’S Death Penalty, Randolph M. Fiedler
Nevada Law Journal
No abstract provided.
Health Plan Coverage For Gender-Affirming Care: Continued Shortcomings At The Federal Level And A Role For Progressive States, Richard Luedeman
Health Plan Coverage For Gender-Affirming Care: Continued Shortcomings At The Federal Level And A Role For Progressive States, Richard Luedeman
Nevada Law Journal
No abstract provided.
A "Historic Westside" Story: Las Vegas Black History, Gaming Policy Effects On Black Employment, And Gaming Companies Leaving Money On The Table, Sebastian O. Ross
A "Historic Westside" Story: Las Vegas Black History, Gaming Policy Effects On Black Employment, And Gaming Companies Leaving Money On The Table, Sebastian O. Ross
UNLV Gaming Law Journal
No abstract provided.
Redefining The Badges And Incidents Of Slavery, Nicholas Serafin
Redefining The Badges And Incidents Of Slavery, Nicholas Serafin
Badges & Incidents
No abstract provided.
Civil Rights Law Equity: An Introduction To A Theory Of What Civil Rights Has Become, John Valery White
Civil Rights Law Equity: An Introduction To A Theory Of What Civil Rights Has Become, John Valery White
Scholarly Works
This Article argues that civil rights law is better understood as civil rights equity. It contends that the four-decade-long project of restricting civil rights litigation has shaped civil rights jurisprudence into a contemporary version of traditional equity. For years commentators have noted the low success rates of civil rights suits and debated the propriety of increasingly restrictive procedural and substantive doctrines. Activists have lost faith in civil rights litigation as an effective tool for social change, instead seeking change in administrative forums, or by asserting political pressure through social media and activism to compel policy change. As for civil rights …
Indigenous Subjects, Addie C. Rolnick
Laboratories Of Democracy: State Law As A Partial Solution To Workplace Harassment, Ann C. Mcginley
Laboratories Of Democracy: State Law As A Partial Solution To Workplace Harassment, Ann C. Mcginley
Scholarly Works
This Article analyzes the substantive and procedural problems created by the federal judiciary in Title VII hostile work environment law that concurrently drains federal anti-harassment law of its meaning. The premise is that, at least for the near future, relying on federal courts and/or the U.S. Congress to protect employees' civil rights is likely fruitless. Instead, we should encourage state legislatures that seek to improve civil rights in employment in their own jurisdictions and state supreme courts to interpret their own state laws to recognize employees' civil rights to the fullest extent possible. Part II analyzes how federal courts decide …
Cruelty Was The Point: Theories Of Recovery For Family Separation Anddetention Abuses, Sarah Rogerson
Cruelty Was The Point: Theories Of Recovery For Family Separation Anddetention Abuses, Sarah Rogerson
Nevada Law Journal
No abstract provided.
Giving Qualified Immunity Teeth: A Congressional Approach Tofixing Qualified Immunity, Tayler Bingham
Giving Qualified Immunity Teeth: A Congressional Approach Tofixing Qualified Immunity, Tayler Bingham
Nevada Law Journal
No abstract provided.
Distributed Federalism: The Transformation Of Younger, Anne R. Traum
Distributed Federalism: The Transformation Of Younger, Anne R. Traum
Scholarly Works
For decades federal courts have remained mostly off limits to civil rights cases challenging the constitutionality of state criminal proceedings. Younger abstention, which requires federal courts to abstain from suits challenging the constitutionality of pending state prosecutions, has blocked plaintiffs from bringing meritorious civil rights cases and insulated local officials and federal courts from having to defend against or decide them. Younger’s reach is broad. It has forced political protestors (from the Vietnam era to Black Lives Matter) to challenge the constitutionality of their arrests and prosecutions within their state criminal proceedings. The doctrine also has made it difficult to …
Brief For New Ways Ministry Et Al. As Amici Curiae Supporting Plaintiff, Koenke V. Saint Joseph University, Leslie C. Griffin
Brief For New Ways Ministry Et Al. As Amici Curiae Supporting Plaintiff, Koenke V. Saint Joseph University, Leslie C. Griffin
Supreme Court Briefs
No abstract provided.
Brief For Miguel H. Diaz Et A. As Amici Curiae Supporting Respondents, Fulton V. City Of Philadelphia, Leslie C. Griffin, Marci A. Hamilton
Brief For Miguel H. Diaz Et A. As Amici Curiae Supporting Respondents, Fulton V. City Of Philadelphia, Leslie C. Griffin, Marci A. Hamilton
Supreme Court Briefs
No abstract provided.
Feminist Perspectives On Bostock V. Clay County, Georgia, Ann C. Mcginley, Nicole Porter, Danielle Weatherby, Ryan Nelson, Pamela Wilkins, Catherine Archibald
Feminist Perspectives On Bostock V. Clay County, Georgia, Ann C. Mcginley, Nicole Porter, Danielle Weatherby, Ryan Nelson, Pamela Wilkins, Catherine Archibald
Scholarly Works
This jointly-authored essay is a conversation about the Supreme Court’s recent and groundbreaking decision (Bostock v. Clayton County) that held that discrimination based on sexual orientation or gender identity is discrimination based on sex, and therefore prohibited by Title VII of the Civil Rights Act of 1964. While many scholars are writing about this case, we are doing something unique. We are analyzing this decision from feminist perspectives. We are the editors and four of the authors of a book recently published by Cambridge University Press: Feminist Judgments: Rewritten Employment Discrimination Opinions. This book contains fifteen Supreme Court and Courts …
The Professional Responsibility Case For Valid And Nondiscriminatory Bar Exams, Joan W. Howarth
The Professional Responsibility Case For Valid And Nondiscriminatory Bar Exams, Joan W. Howarth
Scholarly Works
Title VII protects against workplace discrimination in part through the scrutiny of employment tests whose results differ based on race, gender, or ethnicity. Such tests are said to have a disparate impact, and their use is illegal unless their validity can be established. Validity means that the test is job-related and measures what it purports to measure. Further, under Title VII, even a valid employment test with a disparate impact could be struck down if less discriminatory alternatives exist.
Licensing tests, including bar exams, have been found to be outside these Title VII protections. But the nondiscrimination values that animate …
Schools As Training Grounds For Harassment, Ann C. Mcginley
Schools As Training Grounds For Harassment, Ann C. Mcginley
Scholarly Works
This article deals with the schools’ role in permitting and encouraging peer sex- and gender-based harassment of children and the law’s role in failing to hold schools accountable for their negligent and intentional behavior in sanctioning it. Part I discusses the evidence of rampant sex- and gender-based harassment in schools. Part II analyzes the problem through the lens of masculinities theory and explains how cultural notions of masculinity create incentives for boys (and some girls) to engage in peer sex- and gender-based harassment.
Part III analyzes court cases and OCR decisions and explains the serious disconnect between the two; it …
Slavery, Liberty, And The Right To Contract, Rebecca E. Zietlow
Slavery, Liberty, And The Right To Contract, Rebecca E. Zietlow
Nevada Law Journal
No abstract provided.
Old Lines In New Battles: An Overlooked Yet Useful Statute To Confront Exploitation Of Undocumented Workers By Employers And By Ice, Aviam Soifer
Nevada Law Journal
No abstract provided.
University Title Ix Compliance: A Work In Progress In The Wake Of Reform, Michelle J. Harnik
University Title Ix Compliance: A Work In Progress In The Wake Of Reform, Michelle J. Harnik
Nevada Law Journal
No abstract provided.
The Thirteenth Amendment And Minimum Wage Laws, Ruben J. Garcia
The Thirteenth Amendment And Minimum Wage Laws, Ruben J. Garcia
Nevada Law Journal
No abstract provided.
The Early History Of The Black Lives Matter Movement, And The Implications Thereof, Garrett Chase
The Early History Of The Black Lives Matter Movement, And The Implications Thereof, Garrett Chase
Nevada Law Journal
No abstract provided.