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Articles 1 - 18 of 18

Full-Text Articles in Law

Civil Rights, Charter Schools, And Lessons To Be Learned, Derek W. Black Dec 2012

Civil Rights, Charter Schools, And Lessons To Be Learned, Derek W. Black

Faculty Publications

Two major structural shifts have occurred in education reform in the past two decades: the decline of civil rights reforms and the rise of charter schools. Courts and policy makers have relegated traditional civil rights reforms that address segregation, poverty, disability, and language barriers to near irrelevance, while charter schools and policies supporting their creation and expansion have rapidly increased and now dominate federal policy. Advocates of traditional civil rights reforms interpret the success of charter schools as a threat to their cause, and, consequently, have fought the expansion of charter schools. This Article argues that the civil rights community ...


Education's Elusive Future, Storied Past, And The Fundamental Inequity In Between, Derek W. Black Apr 2012

Education's Elusive Future, Storied Past, And The Fundamental Inequity In Between, Derek W. Black

Faculty Publications

No abstract provided.


Middle Income Peers As Educational Resources And The Constitutional Right To Equal Access, Derek W. Black Mar 2012

Middle Income Peers As Educational Resources And The Constitutional Right To Equal Access, Derek W. Black

Faculty Publications

Concentrated poverty in public schools continues to be a leading determinate of the educational opportunities that minority students receive. Since the effective end of mandatory desegregation, advocates have lacked legal tools to address it. As an alternative, some advocates and scholars have attempted to incorporate the concerns of concentrated poverty and racial segregation into educational litigation under state constitutions, but these efforts have been slow to take hold. Thus, all that has remained for students in poor and minority schools is the hope that school finance litigation could direct sufficient resources to mitigate their plight. This Article offers another solution ...


A New Era For Desegregation, Danielle R. Holley-Walker Jan 2012

A New Era For Desegregation, Danielle R. Holley-Walker

Faculty Publications

No abstract provided.


Punitive Damages, Due Process, And Employment Discrimination, Joseph Seiner Jan 2012

Punitive Damages, Due Process, And Employment Discrimination, Joseph Seiner

Faculty Publications

The Supreme Court has failed to provide any substantive guidance on when punitive damages are appropriate in employment discrimination cases since it issued its seminal decision in Kolstad v. American Dental Ass'n over twelve years ago. The Court has recently expanded its punitive damages jurisprudence in the high-profile decisions of Philip Morris USA v. Williams and Exxon Shipping Co. v. Baker. While these cases dramatically altered the way exemplary relief is analyzed in civil cases, the extent to which these decisions apply in the workplace context remains unclear. Surprisingly, there has been almost no academic literature to date explaining ...


Title Vii Works - That's Why We Don't Like It, Chuck Henson Jan 2012

Title Vii Works - That's Why We Don't Like It, Chuck Henson

Faculty Publications

In response to the universal belief that Title VII of the Civil Rights Act of 1964 is not fulfilling its purpose, this Article presents a different perspective on the reality of this federal employment discrimination law. Title VII is fulfilling the purpose of the Congress that created it. The purpose was not the eradication of all discrimination in employment. The purpose was to balance the prohibition of the most obvious forms of discrimination with the preservation of as much employer decision-making latitude as possible. Moreover, the seminal Supreme Court decision, McDonnell Douglas v. Green, accurately implemented this balance. This Article ...


Rehnquist's Missing Letter: A Former Law Clerk's 1955 Thoughts On Justice Jackson And Brown, John Q. Barrett, Brad Snyder Jan 2012

Rehnquist's Missing Letter: A Former Law Clerk's 1955 Thoughts On Justice Jackson And Brown, John Q. Barrett, Brad Snyder

Faculty Publications

"I think that Plessy v. Ferguson was right and should be reaffirmed." That's what Supreme Court law clerk William H. Rehnquist wrote privately in December 1952 to his boss, Justice Robert H. Jackson. When the memorandum was made public in 1971 and Rehnquist's Supreme Court confirmation hung in the balance, he claimed that the memorandum reflected Jackson's views, not Rehnquist's. Rehnquist was confirmed, but his explanation triggered charges that he had lied and smeared the memory of one of the Court's most revered justices. This Essay analyzes a newly discovered document—a letter Rehnquist wrote ...


A Stubborn Legacy: The Overwhelming Importance Of Race In Jury Selection In 173 Post-Batson North Carolina Capital Trials, Catherine M. Grosso, Barbara O'Brien Jan 2012

A Stubborn Legacy: The Overwhelming Importance Of Race In Jury Selection In 173 Post-Batson North Carolina Capital Trials, Catherine M. Grosso, Barbara O'Brien

Faculty Publications

Among those who laud its mission, it seems that the only people not disappointed in Batson are those who never expected it to work in the first place. Scholars, judges, and practitioners have criticized the decision for its failure to curb the role of racial stereotypes in jury election. Likewise, previous research in North Carolina has suggested both that race continues to play a role in jury selection and that courts are reluctant to enforce Batson rigorously. Recently, however, the North Carolina General Assembly passed legislation aimed at curing this defect by providing trial courts a unique opportunity to consider ...


Racial Discrimination In The Administration Of The Death Penalty: The Experience Of The United States Armed Forces (1984-2005), David C. Baldus, Catherine M. Grosso, George Woodworth, Richard Newell Jan 2012

Racial Discrimination In The Administration Of The Death Penalty: The Experience Of The United States Armed Forces (1984-2005), David C. Baldus, Catherine M. Grosso, George Woodworth, Richard Newell

Faculty Publications

This Article presents evidence of racial discrimination in the administration of the death penalty in the United States Armed Forces from 1984 through 2005. Our database includes military prosecutions in all potentially death-eligible cases known to us (n=105) during that time period.

Over the last thirty years, studies of state death-penalty systems have documented three types of evidence of racial disparities in the treatment of similarly situated death-eligible offenders. The most common disparity or “race effect” is that capital charging and sentencing decisions are applied more punitively in cases involving one or more white victims than they are in ...


Breaking The Cycle Of ‘Unequal Treatment’ With Health Care Reform: Acknowledging And Addressing The Continuation Of Racial Bias, Ruqaiijah Yearby Jan 2012

Breaking The Cycle Of ‘Unequal Treatment’ With Health Care Reform: Acknowledging And Addressing The Continuation Of Racial Bias, Ruqaiijah Yearby

Faculty Publications

Since the Civil War access to health care in the United States has been racially unequal. This racially unequal access to health care remains even after the passage of Title VI of the Civil Rights Act of 1964 ("Title VI") and the election of an African-American President. Both of these events held the promise of equality, yet the promise has never been fulfilled. Now, many hail the passage of the Patient Protection and Affordable Health Care Act ("ACA") as the biggest governmental step in equalizing access to health care because it has the potential to increase minority access to health ...


Recovering The Assembly Clause, Timothy Zick Jan 2012

Recovering The Assembly Clause, Timothy Zick

Faculty Publications

No abstract provided.


Law Review Symposium 2011: Baker V. Carr After 50 Years: Appraising The Reapportionment Revolution: Introduction, Jonathan L. Entin Jan 2012

Law Review Symposium 2011: Baker V. Carr After 50 Years: Appraising The Reapportionment Revolution: Introduction, Jonathan L. Entin

Faculty Publications

Introduction to Law Review Symposium 2011: Baker V. Carr after 50 Years: Appraising the Reapportionment Revolution, Cleveland, OH


Conscientious Objection To Creating Same-Sex Unions: An International Analysis, Bruce Macdougall, Elsje Bonthuys, Kenneth Mck. Norrie, Marjolein Van Den Brink Jan 2012

Conscientious Objection To Creating Same-Sex Unions: An International Analysis, Bruce Macdougall, Elsje Bonthuys, Kenneth Mck. Norrie, Marjolein Van Den Brink

Faculty Publications

In jurisdictions that recognize same-sex marriages and unions, the question arises as to the extent to which civic officials who normally preside at such unions can refuse such participation for religious reasons. This paper examines this issue in the context of four jurisdictions: Scotland, Canada, the Netherlands and South Africa. What is striking is how different is the process of reaching a resolution in each jurisdiction, though the actual result might be the same. This difference arises because of the jurisdiction-specific reasons why same-sex marriages and unions are recognized, how they are recognized, the status of the officers who preside ...


Rejecting Sovereign Immunity In Public Law Litigation, Howard M. Wasserman Jan 2012

Rejecting Sovereign Immunity In Public Law Litigation, Howard M. Wasserman

Faculty Publications

No abstract provided.


Taking In Strays: A Critique Of The Stray Comment Doctrine In Employment Discrimination Law, Kerri Lynn Stone Jan 2012

Taking In Strays: A Critique Of The Stray Comment Doctrine In Employment Discrimination Law, Kerri Lynn Stone

Faculty Publications

This Article traces the genesis of this misguided doctrine, its proliferation, and it’s many flaws. It explains what the doctrine has come to mean and which facets of a comment can render it “stray” as a matter of law. Part II evaluates this unwieldy and untenable doctrine and its haphazard and misguided application over the past two decades. Specifically, it was never intended to be a formal doctrine. As employed by courts, the term “stray” means too many things and is too ambiguous for the doctrine to be coherent or effective. Moreover, courts ascribe varying degrees of significance to ...


Race And Interest Convergence In Ncaa Sports, Amy C. Mccormick, Robert A. Mccormick Jan 2012

Race And Interest Convergence In Ncaa Sports, Amy C. Mccormick, Robert A. Mccormick

Faculty Publications

No abstract provided.


Statistical Proof Of Racial Discrimination In The Use Of Peremptory Challenges: The Impact And Promise Of The Miller-El Line Of Cases As Reflected In The Experience Of One Philadelphia Capital Case, David C. Baldus, Catherine M. Grosso, Robert Dunham, George Woodworth, Richard Newell Jan 2012

Statistical Proof Of Racial Discrimination In The Use Of Peremptory Challenges: The Impact And Promise Of The Miller-El Line Of Cases As Reflected In The Experience Of One Philadelphia Capital Case, David C. Baldus, Catherine M. Grosso, Robert Dunham, George Woodworth, Richard Newell

Faculty Publications

The jurisprudence that has developed in the last twenty-five years under Batson v. Kentucky may be fairly described as indeterminate, unprincipled, and generally ineffective. Scholarly literature points to a variety of reasons for this state of affairs. This Article focuses on one source of the problem— the lack of clarity in the law concerning the evidentiary framework (methodology) needed for a reliable analysis of statistical evidence in Batson cases. United States Supreme Court decisions beginning with Miller-El v. Cockrell (2003) and continuing through Miller-El v. Dretke (2005), Johnson v. California (2005), and Snyder v. Louisiana (2008) clarified a number of ...


Gender And The Legal Profession's Pipeline To Power, Hannah Brenner, Renee Newman Knake Jan 2012

Gender And The Legal Profession's Pipeline To Power, Hannah Brenner, Renee Newman Knake

Faculty Publications

No abstract provided.