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Full-Text Articles in Law
Addressing Segregation In The Brown Collar Workplace: Toward A Solution For The Inexorable 100%, Leticia M. Saucedo
Addressing Segregation In The Brown Collar Workplace: Toward A Solution For The Inexorable 100%, Leticia M. Saucedo
University of Michigan Journal of Law Reform
Despite public perception to the contrary, segregated workplaces exist in greater number today than ever before, largely because of the influx of newly arrived immigrant workers to low-wage industries throughout the country. Yet existing antidiscrimination frameworks no longer operate adequately to rid workplaces of the segregation that results from targeting immigrant workers. This Article suggests a new anti-discrimination framework to address workplace segregation. The Article reviews how litigants have attempted to rid the workplace of conditions resulting from segregated departments through existing anti-discrimination frameworks. It then suggests a simple, yet powerful, shift in the inferences that can be drawn from …
Let's Not Jump To Conclusions: Approaching Felon Disenfranchisement Challenges Under The Voting Rights Act, Thomas G. Varnum
Let's Not Jump To Conclusions: Approaching Felon Disenfranchisement Challenges Under The Voting Rights Act, Thomas G. Varnum
Michigan Journal of Race and Law
Section 2 of the Voting Rights Act of 1965 invalidates voting qualifications that deny the right to vote on account of race or color. This Article confronts a split among the federal appellate courts concerning whether felons may rely on Section 2 when challenging felon disenfranchisement laws. The Ninth Circuit Court of Appeals allows felon disenfranchisement challenges under Section 2; however, the Second and Eleventh Circuits foresee unconstitutional consequences and thus do not. After discussing the background of voting rights jurisprudence, history of felon disenfranchisement laws, and evolution of Section 2, this Article identifies the points of contention among the …
Affirmative Action & Negative Action: How Jian Li's Case Can Benefit Asian Americans, Adrian Liu
Affirmative Action & Negative Action: How Jian Li's Case Can Benefit Asian Americans, Adrian Liu
Michigan Journal of Race and Law
In October 2006, Asian American student Jian D filed a civil rights complaint against Princeton University claiming that Princeton's affirmative action policies were discriminatory. Li argues that affirmative action gives preferences to non-Asian minorities at the expense of Asian students. Li's case aligns the interests of Asian Americans with Whites who challenge affirmative action and suggests that such policies are inherently discriminatory because they exclude students based on race and sacrifice merit. This Article argues that Li's exclusion is not due to affirmative action but is likely due to "negative action," the unfavorable treatment of Asian Americans relative to Whites. …
From Proposition 209 To Proposal 2: Examining The Effects Of Anti-Affirmative Action Voter Initiatives, Michigan Journal Of Race & Law
From Proposition 209 To Proposal 2: Examining The Effects Of Anti-Affirmative Action Voter Initiatives, Michigan Journal Of Race & Law
Michigan Journal of Race and Law
Transcript of the symposium held at the University of Michigan Law School on Saturday, February 9, 2008 in Hutchins Hall Room 100
Reconstituting Japanese Law: International Norms And Domestic Litigation, Timothy Webster
Reconstituting Japanese Law: International Norms And Domestic Litigation, Timothy Webster
Michigan Journal of International Law
This Essay proceeds in four parts. Part I situates these lawsuits in the context of Japan's growing ethnic diversity. Part II analyzes a decade of racial discrimination lawsuits in Japan, ultimately synthesizing the elements of a compensable act of racial discrimination under current Japanese law. Part III begins with a brief examination of the role of international law in Japan before turning to discussions between the Japanese government and U.N. bodies regarding the proper treatment of foreigners in Japan and the desirability of anti-discrimination laws. Part IV then discusses several failed attempts by national and local lawmakers to pass anti-discrimination …
Chaos, Law, And God: The Religious Meanings Of Homosexuality, Jay Michaelson
Chaos, Law, And God: The Religious Meanings Of Homosexuality, Jay Michaelson
Michigan Journal of Gender & Law
This Article argues that the religious meaning of homosexuality cannot be explained merely in terms of homophobia, "church and state," or traditional values versus progressive ones. Rather, the regulation of sexuality has a particular religious meaning: sexuality is a primary site in which religious law is engendered, where the lawfulness of religion meets the chaos beyond it. Whether in Biblical times or today, changing the way sexuality is regulated is a threat to the notion of order itself, as construed by Jewish and Christian religion. Arguments about gay rights, same-sex marriage, and related issues are not merely arguments informed by …
The Evolution Of Same-Sex Marriage In Canada: Lessons The U.S. Can Learn From Their Northern Neighbor Regarding Same-Sex Marriage Rights, Christy M. Glass, Nancy Kubasek
The Evolution Of Same-Sex Marriage In Canada: Lessons The U.S. Can Learn From Their Northern Neighbor Regarding Same-Sex Marriage Rights, Christy M. Glass, Nancy Kubasek
Michigan Journal of Gender & Law
The broad differences between the United States and Canadian cases raise important questions about the social, political and legal factors that have promoted the extension of marriage rights in Canada while retarding similar efforts in the U.S. This article will compare the recent history of same-sex marriage laws in the United States and Canada. We argue that proponents of same-sex marriage as well as lawmakers could learn important lessons from the recent legalization of same-sex marriage in Canada. Section II develops a framework for comparing the U.S. and Canadian experience with same-sex marriage law. The next section traces Canada's recent …
The Current State Of Residential Segregation And Housing Discrimination: The United States' Obligations Under The International Convention On The Elimination Of All Forms Of Racial Discrimination, Michael B. De Leeuw, Megan K. Whyte, Dale Ho, Catherine Meza, Alexis Karteron
The Current State Of Residential Segregation And Housing Discrimination: The United States' Obligations Under The International Convention On The Elimination Of All Forms Of Racial Discrimination, Michael B. De Leeuw, Megan K. Whyte, Dale Ho, Catherine Meza, Alexis Karteron
Michigan Journal of Race and Law
The United States government accepted a number of obligations related to housing when it ratified the International Convention on the Elimination of All Forms of Racial Discrimination ("CERD"). For example, the United States government must ensure that all people enjoy the rights to housing and to own property, without distinction as to race; cease discriminatory actions, including those that are discriminatory in effect regardless of intent; and take affirmative steps to remedy past discrimination and eradicate segregation. This Article discusses the United States government's compliance with those obligations, as well as the importance of meaningful compliance in maintaining the United …