Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Civil Rights and Discrimination (250)
- Law and Race (161)
- Legal History (158)
- International Law (157)
- Human Rights Law (156)
-
- Environmental Law (153)
- Construction Law (152)
- Constitutional Law (29)
- Law and Society (19)
- Labor and Employment Law (13)
- Social and Behavioral Sciences (9)
- Criminal Law (7)
- Family Law (7)
- Sexuality and the Law (7)
- Education Law (6)
- Immigration Law (6)
- Law and Gender (6)
- Legislation (6)
- Law Enforcement and Corrections (5)
- Law and Politics (5)
- Arts and Humanities (4)
- Civil Procedure (4)
- Fourth Amendment (4)
- Judges (4)
- Legal Writing and Research (4)
- Civil Law (3)
- Courts (3)
- Criminal Procedure (3)
- Dispute Resolution and Arbitration (3)
- Publication Year
- Publication
-
- Carmen G. Gonzalez (153)
- Eileen Kaufman (6)
- Martin A. Schwartz (5)
- Robert L. Hayman (5)
- Marjorie A. Silver (4)
-
- Taunya Lovell Banks (4)
- Alan E Garfield (3)
- Danielle Keats Citron (3)
- Douglas L. Colbert (3)
- Rebecca E Zietlow (3)
- Stephen Rushin (3)
- Anthony Michael Kreis (2)
- Candace Kovacic-Fleischer (2)
- Deseriee A. Kennedy (2)
- Donald L. Beschle (2)
- Douglas M. Spencer (2)
- Elisabeth Keller (2)
- Enid F. Trucios-Haynes (2)
- Erwin Chemerinsky (2)
- Harold A. McDougall III (2)
- Jennifer Mason McAward (2)
- Lia Epperson (2)
- Marybeth Herald (2)
- Michael Evan Gold (2)
- Peter Zablotsky (2)
- Robert L Tsai (2)
- Sean Farhang (2)
- Thomas W. Mitchell (2)
- Aaron J Shuler (1)
- Alexander Tsesis (1)
Articles 1 - 30 of 295
Full-Text Articles in Law
Firearms Law Workshop Mini-Symposium, Part Iii: Framing The Second Amendment: Gun Rights, Civil Rights, And Civil Liberties, Timothy Zick
Firearms Law Workshop Mini-Symposium, Part Iii: Framing The Second Amendment: Gun Rights, Civil Rights, And Civil Liberties, Timothy Zick
Timothy Zick
No abstract provided.
Politics, Identity, And Class Certification On The U.S. Courts Of Appeals, Stephen B. Burbank, Sean Farhang
Politics, Identity, And Class Certification On The U.S. Courts Of Appeals, Stephen B. Burbank, Sean Farhang
Sean Farhang
This article draws on novel data and presents the results of the first empirical analysis of how potentially salient characteristics of Court of Appeals judges influence precedential lawmaking on class certification under Rule 23. We find that the partisan composition of the panel (measured by the party of the appointing president) has a very strong association with certification outcomes, with all-Democratic panels having more than double the certification rate of all-Republican panels in precedential cases. We also find that the presence of one African American on a panel, and the presence of two females (but not one), is associated with …
What Can Brown Do For You?: Addressing Mccleskey V. Kemp As A Flawed Standard For Measuring The Constitutionally Significant Risk Of Race Bias
Erwin Chemerinsky
This Essay asserts that in McCleskey v. Kemp, the Supreme Court created a problematic standard for the evidence of race bias necessary to uphold an equal protection claim under the Fourteenth Amendment of the U.S. Constitution. First, the Court’s opinion reinforced the cramped understanding that constitutional claims require evidence of not only disparate impact but also discriminatory purpose, producing significant negative consequences for the operation of the U.S. criminal justice system. Second, the Court rejected the Baldus study’s findings of statistically significant correlations between the races of the perpetrators and victims and the imposition of the death …
State Labor Law And Federal Police Reform, Stephen Rushin, Allison Garnett
State Labor Law And Federal Police Reform, Stephen Rushin, Allison Garnett
Stephen Rushin
No abstract provided.
De-Policing, Stephen Rushin, Griffin Sims Edwards
De-Policing, Stephen Rushin, Griffin Sims Edwards
Stephen Rushin
Critics have long claimed that when the law regulates police behavior it inadvertently reduces officer aggressiveness, thereby increasing crime. This hypothesis has taken on new significance in recent years as prominent politicians and law enforcement leaders have argued that increased oversight of police officers in the wake of the events in Ferguson, Missouri has led to an increase in national crime rates. Using a panel of American law enforcement agencies and difference-in-difference regression analyses, this Article tests whether the introduction of public scrutiny or external regulation is associated with changes in crime rates. To do this, this Article relies on …
From Selma To Ferguson: The Voting Rights Act As A Blueprint For Police Reform, Stephen Rushin
From Selma To Ferguson: The Voting Rights Act As A Blueprint For Police Reform, Stephen Rushin
Stephen Rushin
The Voting Rights Act of 1965 revolutionized access to the voting booth. Rather than responding to claims of voter suppression through litigation against individual states or localities, the Voting Rights Act introduced a coverage formula that preemptively regulated a large number of localities across the country. In doing so, the Voting Rights Act replaced reactive, piecemeal litigation with a proactive structure of continual federal oversight. As the most successful civil rights law in the nation's history, the Voting Rights Act provides a blueprint for responding to one of the most pressing civil rights problems the country faces today: police misconduct. …
The Civil Rights Legacy Of Fr. Theodore M. Hesburgh, C.S.C., Jennifer Mason Mcaward
The Civil Rights Legacy Of Fr. Theodore M. Hesburgh, C.S.C., Jennifer Mason Mcaward
Jennifer Mason McAward
This Speech will discuss Fr. Hesburgh's advocacy on these core civil rights issues-education, employment, housing, and voting rights-and how his work changed the face of this country. The story of Fr. Hesburgh's civil rights advocacy is a key to understanding how he emerged-in the words of Vice President Biden-as "one of the most powerful unelected officials this nation has ever seen."
Student Surveillance, Racial Inequalities, And Implicit Racial Bias, Jason P. Nance
Student Surveillance, Racial Inequalities, And Implicit Racial Bias, Jason P. Nance
Jason P. Nance
In the wake of high-profile incidents of school violence, school officials have increased their reliance on a host of surveillance measures to maintain order and control in their schools. Paradoxically, such practices can foster hostile environments that may lead to even more disorder and dysfunction. These practices may also contribute to the so-called “school-to-prison pipeline” by pushing more students out of school and into the juvenile justice system. However, not all students experience the same level of surveillance. This Article presents data on school surveillance practices, including an original empirical analysis of restricted data recently released by the U.S. Department …
Strong Medicine: Fighting The Sexual Harassment Pandemic, Kenneth R. Davis
Strong Medicine: Fighting The Sexual Harassment Pandemic, Kenneth R. Davis
Kenneth R. Davis
The Role Of Transnational Identity And Migration, Enid Trucios-Haynes
The Role Of Transnational Identity And Migration, Enid Trucios-Haynes
Enid F. Trucios-Haynes
No abstract provided.
Indian Tribes, Civil Rights, And Federal Courts, Robert D. Probasco
Indian Tribes, Civil Rights, And Federal Courts, Robert D. Probasco
Robert Probasco
A citizen’s civil rights include protections against certain actions by three different governments – federal, state, and tribal. If the federal or a state government violates your civil rights, you can seek a remedy in federal court, including injunctive or declaratory judgment and damages. But the Supreme Court decided in Santa Clara Pueblo v. Martinez that that – other than habeas corpus relief – you cannot challenge a civil rights violation by an Indian tribe in federal court. The decision has resulted in a significant amount of controversy and proposals that Congress explicitly grant such jurisdiction. This article reviews the …
I Could Have Been A Contender: Summary Jury Trial As A Means To Overcome Iqbal's Negative Effects Upon Pre-Litigation Communication, Negotiation And Early, Consensual Dispute Resolution, Nancy A. Welsh
Nancy Welsh
With its recent decisions in Ashcroft v. Iqbal and Bell Atlantic v. Twombly, the Supreme Court may be intentionally or unintentionally “throwing the fight,” at least in the legal contests between many civil rights claimants and institutional defendants. The most obvious feared effect is reduction of civil rights claimants’ access to the expressive and coercive power of the courts. Less obviously, the Supreme Court may be effectively undermining institutions’ motivation to negotiate, mediate - or even communicate with and listen to - such claimants before they initiate legal action. Thus, the Supreme Court’s recent decisions have the potential to deprive …
Reforming Property Law To Address Devastating Land Loss, Thomas W. Mitchell
Reforming Property Law To Address Devastating Land Loss, Thomas W. Mitchell
Thomas W. Mitchell
Tenancy-in-common ownership represents the most widespread form of common ownership of real property in the United States. Such ownership under the default rules also represents the most unstable ownership of real property in this country. Thousands of tenancy-in-common property owners, including members of many poor and minority families, have lost their commonly-owned property due to court-ordered, forced partition sales as well as much of their real estate wealth associated with such ownership as a result of such sales. Though some scholars and the media have highlighted how thousands of African-Americans have lost an untold amount of property and substantial real …
No More Tiers? Proportionality As An Alternative To Multiple Levels Of Scrutiny In Individual Rights Cases, Donald L. Beschle
No More Tiers? Proportionality As An Alternative To Multiple Levels Of Scrutiny In Individual Rights Cases, Donald L. Beschle
Donald L. Beschle
This article will explore how the explicit adoption of proportionality analysis as a single analytical tool might lead, not only to a more coherent approach to individual rights cases, but will also bring together aspects of the current multiple analytical tiers in a way that allows full consideration of both the individual rights and the social values present in these cases. Part I of this article will give a brief overview of the history of the creation and application of the various tiers of analysis used by the United States Supreme Court and explore how the once-sharp difference in those …
A Fresh Look At Title Vii: Sexual Orientation Discrimination As Sex Discrimination, Anthony Michael Kreis
A Fresh Look At Title Vii: Sexual Orientation Discrimination As Sex Discrimination, Anthony Michael Kreis
Anthony Michael Kreis
Mary L. Dudziak's Exporting American Dreams: Thurgood Marshall’S African Journey (Book Review), Makau Mutua
Mary L. Dudziak's Exporting American Dreams: Thurgood Marshall’S African Journey (Book Review), Makau Mutua
Makau Mutua
This review of Mary Dudziak’s hugely important book contends that the author conflates the struggle for civil rights in the United States with the struggle for black majority rule in Kenya. While the two struggles are linked by white domination and the quest for blacks to free themselves from that domination, the book fails to interrogate and contextualize the limitations of equal protection norms for minorities in two vastly different political milieus. Dudziak does not problematize Thurgood Marshall’s blind insistence that the independence Kenyan constitution accord the economically dominant and oppressive white minority in colonial Kenya the same equal protections …
Coalitions And Collective Memories: A Search For Common Ground, Ediberto Román
Coalitions And Collective Memories: A Search For Common Ground, Ediberto Román
Ediberto Roman
The following pages explore this contemporary debate, and ultimately sides in favor of inter-minority group coalitions, as they may be effective democratic vehicles towards social change. Part II examines the argument in favor of inter-minority group coalitions. Part III addresses the challenges to those positions, including the arguments posed by leading skeptics. Finally, Part IV rejects the cynicism associated with coalitions and proposes a concrete point of commonality that may help forge much needed common ground for many racial and ethnic outsider groups.
Dialogue On State Action, Martin A. Schwartz, Erwin Chemerinsky
Dialogue On State Action, Martin A. Schwartz, Erwin Chemerinsky
Erwin Chemerinsky
No abstract provided.
Stages Of Constitutional Grief: Democratic Constitutionalism And The Marriage Revolution, Anthony Michael Kreis
Stages Of Constitutional Grief: Democratic Constitutionalism And The Marriage Revolution, Anthony Michael Kreis
Anthony Michael Kreis
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Carmen G. Gonzalez
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Carmen G. Gonzalez
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Carmen G. Gonzalez
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Carmen G. Gonzalez
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Carmen G. Gonzalez
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Carmen G. Gonzalez
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Carmen G. Gonzalez
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Carmen G. Gonzalez
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Carmen G. Gonzalez
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Carmen G. Gonzalez
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez