Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Civil Rights and Discrimination (660)
- Law and Race (233)
- Constitutional Law (203)
- Labor and Employment Law (177)
- Law and Gender (156)
-
- Law and Society (117)
- Legislation (95)
- Sexuality and the Law (89)
- Fourteenth Amendment (88)
- Supreme Court of the United States (83)
- Human Rights Law (81)
- Education Law (78)
- Courts (75)
- Disability Law (69)
- State and Local Government Law (63)
- Health Law and Policy (62)
- Criminal Law (60)
- International Law (50)
- Election Law (45)
- Jurisprudence (43)
- First Amendment (40)
- Legal History (38)
- Religion Law (38)
- Social and Behavioral Sciences (36)
- Comparative and Foreign Law (35)
- Housing Law (32)
- Family Law (31)
- Immigration Law (31)
- Judges (31)
- Institution
-
- University of Michigan Law School (298)
- Touro University Jacob D. Fuchsberg Law Center (103)
- Fordham Law School (70)
- Maurer School of Law: Indiana University (41)
- Cleveland State University (37)
-
- University of Maryland Francis King Carey School of Law (31)
- Marquette University Law School (29)
- Pepperdine University (29)
- Washington and Lee University School of Law (29)
- The University of Akron (25)
- Schulich School of Law, Dalhousie University (23)
- Vanderbilt University Law School (23)
- Saint Louis University School of Law (21)
- University of South Carolina (21)
- William & Mary Law School (20)
- American University Washington College of Law (19)
- St. Mary's University (19)
- New York Law School (18)
- Northwestern Pritzker School of Law (18)
- Seattle University School of Law (18)
- University of Missouri School of Law (18)
- Georgia State University College of Law (16)
- St. John's University School of Law (14)
- University of Miami Law School (14)
- University of Richmond (13)
- Louisiana State University Law Center (12)
- University of Arkansas at Little Rock William H. Bowen School of Law (12)
- University of Colorado Law School (12)
- University of Georgia School of Law (12)
- Duke Law (11)
- Publication Year
- Publication
-
- Michigan Law Review (76)
- Michigan Journal of Race and Law (73)
- Touro Law Review (68)
- University of Michigan Journal of Law Reform (55)
- Michigan Journal of Gender & Law (50)
-
- Fordham Law Review (40)
- Journal of Race, Gender, and Ethnicity (35)
- Cleveland State Law Review (28)
- Indiana Law Journal (28)
- Fordham Urban Law Journal (26)
- Akron Law Review (24)
- Michigan Journal of International Law (24)
- Pepperdine Law Review (24)
- Dalhousie Law Journal (23)
- South Carolina Law Review (21)
- University of Maryland Law Journal of Race, Religion, Gender and Class (20)
- Vanderbilt Law Review (19)
- Missouri Law Review (17)
- NYLS Law Review (17)
- Georgia State University Law Review (16)
- Saint Louis University Law Journal (16)
- Seattle University Law Review (16)
- William & Mary Law Review (16)
- Michigan Law Review First Impressions (15)
- Washington and Lee Journal of Civil Rights and Social Justice (15)
- University of Richmond Law Review (13)
- Louisiana Law Review (12)
- St. John's Law Review (12)
- The Scholar: St. Mary's Law Review on Race and Social Justice (12)
- University of Arkansas at Little Rock Law Review (12)
Articles 61 - 90 of 1264
Full-Text Articles in Law
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.
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.
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.
Slave Law, Race Law, Gabriel J. Chin
Slave Law, Race Law, Gabriel J. Chin
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.
A Path Forward To #Niunamenos Based On An Intersectional Analysis Of Laws Criminalizing Femicide/Feminicide In Latin America, Melissa Padilla
A Path Forward To #Niunamenos Based On An Intersectional Analysis Of Laws Criminalizing Femicide/Feminicide In Latin America, Melissa Padilla
San Diego International Law Journal
Since 2007, eighteen Latin American countries have enacted laws that criminalize femicide/feminicide in an effort to address gender-based murders in the region and to uphold their obligations under international human rights law. However, the COVID-19 pandemic and its systemic lingering effects exacerbated the existent dangerous levels of gender-based violence in the region, resulting in an increase in gender-based murders. To address these murders, between 2020 and 2021, a quarter of the eighteen Latin American countries that criminalized femicide/feminicide have implemented or are in the process of implementing reforms to their laws criminalizing femicide/feminicide. Given this new trend to address the …
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 …
Big Data Affirmative Action, Peter N. Salib
Big Data Affirmative Action, Peter N. Salib
Northwestern University Law Review
As a vast and ever-growing body of social-scientific research shows, discrimination remains pervasive in the United States. In education, work, consumer markets, healthcare, criminal justice, and more, Black people fare worse than whites, women worse than men, and so on. Moreover, the evidence now convincingly demonstrates that this inequality is driven by discrimination. Yet solutions are scarce. The best empirical studies find that popular interventions—like diversity seminars and antibias trainings—have little or no effect. And more muscular solutions—like hiring quotas or school busing—are now regularly struck down as illegal. Indeed, in the last thirty years, the Supreme Court has invalidated …
The Higher-Cost Problem: How The Case Act Addresses The History Of Inequity In The American Copyright Regime, Michael Newell
The Higher-Cost Problem: How The Case Act Addresses The History Of Inequity In The American Copyright Regime, Michael Newell
University of Miami Law Review
The legislative history of copyright law in the United States and its judicial interpretation resulted in a complex web of statutes and doctrine theoretically meant to further the constitutional goal of “promot[ing] the Progress of Science and the useful Arts.” But because of its complexity, enforcing rights against infringers in federal court became prohibitively expensive for most. The American copyright regime simultaneously allowed the music industry to unfairly profit from the creativity of the under-resourced—particularly, musicians of color.
This Note discusses the disparate impact of the American copyright regime. Then, the Note discusses the Copyright Alternatives in the Small-Claims Enforcement …
The Promise And The Peril: Artificial Intelligence And Employment Discrimination, Keith E. Sonderling, Bradford J. Kelley, Lance Casimir
The Promise And The Peril: Artificial Intelligence And Employment Discrimination, Keith E. Sonderling, Bradford J. Kelley, Lance Casimir
University of Miami Law Review
Artificial intelligence (“AI”) is undeniably transforming the workplace, though many implications remain unknown. Employers increasingly rely on algorithms to determine who gets interviewed, hired, promoted, developed, disciplined, or fired. If appropriately designed and applied, AI promises to help workers find their most rewarding jobs, match companies with their most valuable and productive employees, and advance diversity, inclusion, and accessibility in the work- place. Notwithstanding its positive impacts, however, AI poses new perils for employment discrimination, especially when designed or used improperly.
This Article examines the interaction between AI and federal employment antidiscrimination law. This Article explores the legal landscape including …
Doing The Right Thing, The Right Way, The First Time: Decision-Making In Public And Private Arenas Regarding The Use Of Service Animals, Maureen E. Lally-Green, Annemarie Harr Eagle Esq., Bridget M. Green
Doing The Right Thing, The Right Way, The First Time: Decision-Making In Public And Private Arenas Regarding The Use Of Service Animals, Maureen E. Lally-Green, Annemarie Harr Eagle Esq., Bridget M. Green
University of Arkansas at Little Rock Law Review
No abstract provided.
White Picket Fences & Suburban Gatekeeping: How Long Island’S Land Use Laws Cement Its Status As One Of The Most Segregated Places In America, Jessica Mingrino
White Picket Fences & Suburban Gatekeeping: How Long Island’S Land Use Laws Cement Its Status As One Of The Most Segregated Places In America, Jessica Mingrino
St. John's Law Review
(Excerpt)
The average wealth of Black families is one-seventh that of white families in the United States today. Homeownership—the primary avenue through which Americans accumulate personal and generational wealth—is the leading driver of the wealth disparity between white and Black American families, known as the “racial wealth gap.” The systematic and intentional exclusion of Black people from developing communities during the twentieth century largely excluded people of color from the housing boom and denied them the opportunity afforded to white people to multiply their assets. Contrary to widespread belief, however, legislation-backed oppression of Black Americans did not end in the …
Debt Governance, Wealth Management, And The Uneven Burdens Of Child Support, Allison Tait
Debt Governance, Wealth Management, And The Uneven Burdens Of Child Support, Allison Tait
Northwestern University Law Review
Child support is a ubiquitous kind of debt, common to all income and wealth levels, with data showing that approximately 30% of the U.S. adult population has either been subject to paying child support or has received it. Across this field of child support debt, however, unpaid obligations look different for everyone, and in particular the experiences around child support debt diverge radically for low-income populations and high-wealth ones. On the low-income end of the spectrum, child support debt is a sophisticated and adaptive governance technology that disciplines and penalizes those living in or near poverty. Being in child support …
Is It Hot In Here Or Is It Just Me? A Call For Menopause Equity In The Workplace, Leslie Mullins
Is It Hot In Here Or Is It Just Me? A Call For Menopause Equity In The Workplace, Leslie Mullins
University of the District of Columbia Law Review
In a society where many topics related to female reproduction are considered taboo, menopause is especially stigmatized because of its intersection with age and a perception that a woman’s value ends with her reproductive ability.1 As described by Gail Sheehy (“Sheehy”) in The Silent Passage, menopause is “one of the most misunderstood passages in a woman's life.”2 Menopause causes shame and stigma because of its association with middle age in a culture obsessed with youth.3 The failure of courts to extend available protections to claims related to menopause denies millions of working persons protections from unlawful discrimination under the Americans …
The Missing Piece Of The Puzzle: The Intersection Of Race And Special Education, Tsega Zewdneh Shiferaw
The Missing Piece Of The Puzzle: The Intersection Of Race And Special Education, Tsega Zewdneh Shiferaw
University of the District of Columbia Law Review
The privileges allotted to Americans cannot be compared to any other country’s citizens. Americans have the liberty of saying what they want, thinking what they want, and acting freely in public. Nebiyat Shiferaw (“Nebiyat”) is a thirty-year-old African American man who is unable to speak and live independently because he has autism, also known as autism spectrum disorder (“ASD”). Nebiyat does not experience the same liberties as most Americans; he has gone through special education programs and has overcome discrimination, not because of the Individuals with Disabilities Education Act (“IDEA”), but because of his parents advocating for him. As a …
Ministerial Employees And Discrimination Without Remedy, Charlotte Garden
Ministerial Employees And Discrimination Without Remedy, Charlotte Garden
Indiana Law Journal
The Supreme Court first addressed the ministerial exemption in a 2012 case, Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC. The ministerial exemption is a defense that religious employers can invoke in discrimination cases brought by employees who qualify as “ministerial,” and it is rooted in the First Amendment principle that government cannot interfere in a church’s choice of minister. However, Hosanna-Tabor did not set out a test to determine which employees are covered by this exemption, and the decision was susceptible to a reading that the category was narrow. In 2020, the Court again took up the ministerial exemption, …
(G)Local Intersectionality, Martha F. Davis
(G)Local Intersectionality, Martha F. Davis
Washington and Lee Law Review
Intersectionality theory has been slow to take root as a legal norm at the national level, even as scholars embrace it as a potent analytical tool. Yet, in recent years, intersectionality has entered law and policy practices through an unexpected portal: namely, local governments’ adoption of international norms. A growing number of local governments around the world explicitly incorporate intersectionality into their law and practice as part of implementing international antidiscrimination norms from human rights instruments like the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Convention on the Elimination of All Forms of …
Murdering Crows: Pauli Murray, Intersectionality, And Black Freedom, Lisa A. Crooms-Robinson
Murdering Crows: Pauli Murray, Intersectionality, And Black Freedom, Lisa A. Crooms-Robinson
Washington and Lee Law Review
What is intersectionality’s origin story and how did it make its way into human rights? Beginning in the 1940s, Pauli Murray (1910–1985) used Jane Crow to capture two distinct relationships between race and sex discrimination. One Jane used the race-sex analogy to show that race and sex were both unconstitutionally arbitrary. The other Jane captured Black women’s experiences and rights deprivations at the intersection of race and sex. Both Janes were based on Murray’s fundamental belief that the struggles against race and sex discrimination were different phases of the fight for human rights.
In 1966, Murray was part of the …
Employment Law—Antidiscrimination—Falling Into The Legal Void: How Arkansas Can Protect Unpaid Interns From Discrimination And Harassment, Christina Redmann
Employment Law—Antidiscrimination—Falling Into The Legal Void: How Arkansas Can Protect Unpaid Interns From Discrimination And Harassment, Christina Redmann
University of Arkansas at Little Rock Law Review
No abstract provided.
Systematic Racism, Abortion And Bias In Medicine: All Threads Woven In The Cloth Of Racial Disparity For Mothers And Infants, Gabrielle Ploplis
Systematic Racism, Abortion And Bias In Medicine: All Threads Woven In The Cloth Of Racial Disparity For Mothers And Infants, Gabrielle Ploplis
Journal of Law and Health
This note argues that decisions like that of NAACP v. Wilmington Medical Center, Inc. have been one of many contributing factors in the disparity in mortality rates of both black and American Indian/Alaska Native newborns in comparison to white newborns across the country. Part II examines the current state of the law regarding issues of discrimination, accessibility of health care, and relocation and closure of medical centers that has disproportionately affect minorities in the U.S. Part III discusses the statistics of white, black, and American Indian/Alaska Native newborn and maternal mortality rates in the United States. Part IV addresses the …
Protective Styles, A Protected Class: Revisiting Eeoc V. Catastrophe Management Solutions, Staci Campbell
Protective Styles, A Protected Class: Revisiting Eeoc V. Catastrophe Management Solutions, Staci Campbell
University of Miami Race & Social Justice Law Review
For years, Black people have been forced to place extra thought into their appearance, especially in the workplace. Extra thought and extra effort all to avoid being looked down upon as unkept or unprofessional. Finally, there is a wave of legislation being introduced and passed to rectify this problem. While strides are being made, there is still much work to be done. The amount of work left to be done is illustrated by a slew of unfavorable federal cases brought in the face of discrimination against Black hair and hairstyles. This paper explores one of those cases as well as …
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 War On Drugs, Moral Panics, And The Groundhog Day Effect: Confronting The Stereotypes That Perpetuate The Cycle Of Disparity, Tasha Withrow
The War On Drugs, Moral Panics, And The Groundhog Day Effect: Confronting The Stereotypes That Perpetuate The Cycle Of Disparity, Tasha Withrow
The Mid-Southern Journal of Criminal Justice
There has been a specter haunting America for over 400 years. That specter is an insidious and destructive beast that has found its way into every crevice and layer of all American institutions. Racism, racial stereotypes, racial stigma, biases, and White supremacy has infiltrated every power structure since the foundation of America and has created a system of social control that has perpetually oppressed, marginalized, and disenfranchised generations of people of color. One of the most catastrophic by-products generated from America’s historic racist ideology has been that of the over-criminalization of people of color for drug crimes justified by discriminatory …
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.
School District Secession In Mobile County, Alabama: A Case Study Of Adaptive Discrimination And Threats To Multiracial Democracy, Sarah Asson, Erica Frankenberg
School District Secession In Mobile County, Alabama: A Case Study Of Adaptive Discrimination And Threats To Multiracial Democracy, Sarah Asson, Erica Frankenberg
South Carolina Law Review
No abstract provided.
Proving Racism: Gibson Bros. Inc. V. Oberlin College And The Implications On Defamation Law, Liam H. Mcmillin
Proving Racism: Gibson Bros. Inc. V. Oberlin College And The Implications On Defamation Law, Liam H. Mcmillin
University of Cincinnati Law Review
No abstract provided.
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 …
Courting Prom Night Voters, Spencer Ryan Lockwood
Courting Prom Night Voters, Spencer Ryan Lockwood
Texas A&M Law Review
A creature of state law, voter registration is a point of national contention and a subject that frequents partisan debate. Federal legislation—meant to unsew a patchwork quilt of discriminatory practices against voters—complicated the voter registration process. States have changed their voter registration laws in the wake of Supreme Court opinions and prolonged litigation. But an opportunity endures for states to take further accountability for their younger voting-age populations without more federal intervention. By amending their election codes to require that high school graduates choose whether to register to vote, states can act as legislative laboratories and court their prom night …
A Critical Jeffersonian Mind For A Community Reinvestment Bind, Chaz D. Brooks
A Critical Jeffersonian Mind For A Community Reinvestment Bind, Chaz D. Brooks
Marquette Benefits and Social Welfare Law Review
The Community Reinvestment Act of 1977 ("CRA") primarily sought to remedy decades of government sanctioned disinvestment in so-called “redlined communities.” Through the Home Owners’ Loan Corporation and later the Federal Housing Administration, the United States of America created from whole cloth a structure that encouraged and subsidized the explosion of homeownership in white American households. Following decades of racialized wealth generation, the United States had a change of heart. Congress determined that financiers needed a gentle push to invest fairly. Additionally, Congress wanted one thing clear in the drafting of this remedy— it must not allocate credit. This essay considers …
Hb 128: Prohibition Of Discrimination Against Potential Organ Transplant Recipients, Sarah Beach, Anne Marie Simoneaux
Hb 128: Prohibition Of Discrimination Against Potential Organ Transplant Recipients, Sarah Beach, Anne Marie Simoneaux
Georgia State University Law Review
The Act functions to prohibit discrimination by health care providers and insurers against potential organ transplant recipients due to physical or mental disabilities. Also known as Gracie’s Law, the Act provides a pathway through local courts to enforce compliance, and an affected individual may bring a civil action for injunctive and other equitable relief. In addition, the Act incorporates Simon’s Law, which provides that an order to not resuscitate a minor child can only be issued with the consent of the minor’s parents.