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Civil Rights and Discrimination

William & Mary Law School

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Articles 181 - 210 of 500

Full-Text Articles in Law

Disabling Prejudice, Michael E. Waterstone, Michael Ashley Stein Jan 2008

Disabling Prejudice, Michael E. Waterstone, Michael Ashley Stein

Faculty Publications

No abstract provided.


The Politics Of Policing: Ensuring Stakeholder Collaboration In The Federal Reform Of Local Law Enforcement Agencies, Kami Chavis Simmons Jan 2008

The Politics Of Policing: Ensuring Stakeholder Collaboration In The Federal Reform Of Local Law Enforcement Agencies, Kami Chavis Simmons

Faculty Publications

Title 42 U.S. C. § 14141 authorizes the United States Department of Justice ("DOJ") to seek injunctive relief against local law enforcement agencies to eliminate a pattern or practice of unconstitutional conduct by these agencies. Rather than initiate lawsuits to reform these agencies, DOJ's current strategy is to negotiate reforms using a process that involves only DOJ representatives, municipality officials, and police management officials. While there are many benefits of negotiating the reforms, the current process excludes important stakeholders directly impacted by the reforms, including community members, who are the consumers of police services, and the rank-and-file police officers, whom …


Bias On The Bench: Raising The Bar For U.S. Immigration Judges To Ensure Equality For Asylum Seekers, Lindsey R. Vaala Dec 2007

Bias On The Bench: Raising The Bar For U.S. Immigration Judges To Ensure Equality For Asylum Seekers, Lindsey R. Vaala

William & Mary Law Review

No abstract provided.


Second Life And Cyber-Activism, Timothy Zick Oct 2007

Second Life And Cyber-Activism, Timothy Zick

Popular Media

No abstract provided.


Campus Speech In The “Post-Virginia Tech World”, Timothy Zick Oct 2007

Campus Speech In The “Post-Virginia Tech World”, Timothy Zick

Popular Media

No abstract provided.


The Nanny State — It Takes A Village, Timothy Zick Oct 2007

The Nanny State — It Takes A Village, Timothy Zick

Popular Media

No abstract provided.


May Day Mea Culpa, Timothy Zick Oct 2007

May Day Mea Culpa, Timothy Zick

Popular Media

No abstract provided.


Please Don’T Feed The Homeless, Timothy Zick Oct 2007

Please Don’T Feed The Homeless, Timothy Zick

Popular Media

No abstract provided.


Petruska V. Gannon University: A Crack In The Stained Glass Ceiling, Sarah Fulton Oct 2007

Petruska V. Gannon University: A Crack In The Stained Glass Ceiling, Sarah Fulton

William & Mary Journal of Race, Gender, and Social Justice

An examination of the protections afforded to religious institutions in their hiring decisions. Both § 702 of the Civil Rights Act and the judicially created ministerial exception allow churches to use criteria that other employers are not permitted to use under the law when making hiring decisions. Beginning with McClure v. Salvation Army, courts have slowly expanded the scope of these protections, leading up to the recent case of Petruska v. Gannon University. Petruska provides an example of the extent to which a broad reading of § 702 and the ministerial exception can harm religious workers. The opinion of Judge …


Thoughts On Jena And The Civil Rights Movement, Timothy Zick Sep 2007

Thoughts On Jena And The Civil Rights Movement, Timothy Zick

Popular Media

No abstract provided.


Section 2: Moot Court, Guantanamo Detainees & The Military Commissions Act, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2007

Section 2: Moot Court, Guantanamo Detainees & The Military Commissions Act, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


The Contemporary Protest Movement, Timothy Zick Sep 2007

The Contemporary Protest Movement, Timothy Zick

Popular Media

No abstract provided.


Deterring Protesters, Timothy Zick Sep 2007

Deterring Protesters, Timothy Zick

Popular Media

No abstract provided.


Public Protest, Militarization, And Critical Democratic Moments, Timothy Zick Sep 2007

Public Protest, Militarization, And Critical Democratic Moments, Timothy Zick

Popular Media

No abstract provided.


Discrimination And Outrage: The Migration From Civil Rights To Tort Law, Martha Chamallas May 2007

Discrimination And Outrage: The Migration From Civil Rights To Tort Law, Martha Chamallas

William & Mary Law Review

It is not always appreciated that proven discrimination on the basis of race or sex may not amount to a tort and that even persistent racial or sexual harassment may not be enough to qualify for tort recovery. This Article explores the question of whether discriminatory and harassing conduct in the workplace is or should be considered outrageous conduct, actionable under the tort of intentional infliction of emotional distress. In recent years, courts have taken radically different approaches to the issue, from holding that such claims are preempted to treating the infliction tort as a reinforcement of civil rights principles. …


Unconstitutional Conditional Release: A Pyrrhic Victory For Arrestees' Privacy Rights Under United States V. Scott, Andrew J. Smith May 2007

Unconstitutional Conditional Release: A Pyrrhic Victory For Arrestees' Privacy Rights Under United States V. Scott, Andrew J. Smith

William & Mary Law Review

No abstract provided.


Legal Work And The Glass Cliff: Evidence That Women Are Preferentially Selected To Lead Problematic Cases, Julie S. Ashby, Michelle K. Ryan, S. Alexander Haslam Apr 2007

Legal Work And The Glass Cliff: Evidence That Women Are Preferentially Selected To Lead Problematic Cases, Julie S. Ashby, Michelle K. Ryan, S. Alexander Haslam

William & Mary Journal of Race, Gender, and Social Justice

Recent archival and experimental research by Ryan and Haslam has revealed the phenomenon of the glass cliff whereby women are more likely than men to be appointed to risky or precarious leadership positions in problematic organizational circumstances. This paper extends research on the glass cliff by examining the precariousness of the cases women are assigned in a legal context. An experimental study conducted with law students (N = 114) investigated the appointment of a candidate to lead a legal case that was defined as either low-risk or high-risk. Commensurate with patterns observed in other domains, results indicated that a male …


Yet Another Gender Study? A Critique Of The Harvard Study And A Proposal For Change, Morrison Torrey Apr 2007

Yet Another Gender Study? A Critique Of The Harvard Study And A Proposal For Change, Morrison Torrey

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


"Fire Where There Is No Flame:" The Constitutionality Of Single-Sex Classrooms In The Commonwealth, Frances Elizabeth Burgin Apr 2007

"Fire Where There Is No Flame:" The Constitutionality Of Single-Sex Classrooms In The Commonwealth, Frances Elizabeth Burgin

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


When 2 Or 3 Come Together, Tracey L. Meares, Kelsi Brown Corkan Mar 2007

When 2 Or 3 Come Together, Tracey L. Meares, Kelsi Brown Corkan

William & Mary Law Review

This Article investigates policies that are responsive to crime in disadvantaged, urban neighborhoods from a community-based context. The vehicle is an analysis of a community-wide prayer vigil held in Chicago in May of 1997. The vigil resulted from a collaboration between the Chicago Police Department and hundreds of mostly African-American churches on Chicago's West Side. Strikingly, the local police district's commander facilitated the vigil. The Article explains the sociological and political significance of this collaboration by drawing on the "Chicago School" of urban sociology, and demonstrating theoretically and empirically the potential for collaboration, through the integration of key community institutions, …


Anti-Zionism As Racism: Campus Anti-Semitism And The Civil Rights Act Of 1964, Kenneth L. Marcus Feb 2007

Anti-Zionism As Racism: Campus Anti-Semitism And The Civil Rights Act Of 1964, Kenneth L. Marcus

William & Mary Bill of Rights Journal

No abstract provided.


Disability And The Social Contract, Anita Silvers, Michael Ashley Stein Jan 2007

Disability And The Social Contract, Anita Silvers, Michael Ashley Stein

Faculty Publications

No abstract provided.


The Diversity Rationale For Affirmative Action In Employment After Grutter: The Case For Containment, Jared M. Mellot Dec 2006

The Diversity Rationale For Affirmative Action In Employment After Grutter: The Case For Containment, Jared M. Mellot

William & Mary Law Review

No abstract provided.


The Contradiction Between Equal Protection's Meaning And Its Legal Substance: How Deliberate Indifference Can Cure It, Derek W. Black Dec 2006

The Contradiction Between Equal Protection's Meaning And Its Legal Substance: How Deliberate Indifference Can Cure It, Derek W. Black

William & Mary Bill of Rights Journal

This Article highlights the inherent ambiguities of racial antidiscrimination's core legal language: "equal protection under the law" and "discrimination based on race." It then analyzes how and why the Court has never answered fundamental questions regarding the meaning of these terms. Thus, this Article answers these fundamental questions itself by exploring the original intent behind the Equal Protection Clause. Against this backdrop, this Article reveals how the Court's standard for assessing discrimination claims, the intent doctrine, assumes a meaning for equal protection that is inconsistent with its original meaning. Rather than reflecting equal protection's meaning, the standard lacks any basis …


Equal Protection Misapplied: The Politics Of Gender And Legitimacy And The Denial Of Inheritance, Linda Kelly Hill Oct 2006

Equal Protection Misapplied: The Politics Of Gender And Legitimacy And The Denial Of Inheritance, Linda Kelly Hill

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Multiracial Identity And Affirmative Action, Nancy Leong Oct 2006

Multiracial Identity And Affirmative Action, Nancy Leong

Faculty Publications

No abstract provided.


Playing Cowboys And Indians, B. Glenn George Oct 2006

Playing Cowboys And Indians, B. Glenn George

Faculty Publications

No abstract provided.


Section 2: The War On Terror, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2006

Section 2: The War On Terror, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 7: Civil Rights, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2006

Section 7: Civil Rights, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Female By Operation Of Law: Feminist Jurisprudence And The Legal Imposition Of Sex, Matthew Gayle Apr 2006

Female By Operation Of Law: Feminist Jurisprudence And The Legal Imposition Of Sex, Matthew Gayle

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.