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Full-Text Articles in Law
Redliking: When Redlining Goes Online, Allyson E. Gold
Redliking: When Redlining Goes Online, Allyson E. Gold
William & Mary Law Review
Airbnb’s structure, design, and algorithm create a website architecture that allows user discrimination to prevent minority hosts from realizing the same economic benefits from short-term rental platforms as White hosts, a phenomenon this Article refers to as “redliking.” For hosts with an unused home, a spare room, or an extra couch, Airbnb provides an opportunity to create new income streams and increase wealth. Airbnb encourages prospective guests to view host photographs, names, and personal information when considering potential accommodations, thereby inviting bias, both implicit and overt, to permeate transactions. This bias has financial consequences. Empirical research on host earning rates …
The Supreme Court's Post-Racial Turn Towards A Zero-Sum Understanding Of Equality, Helen Norton
The Supreme Court's Post-Racial Turn Towards A Zero-Sum Understanding Of Equality, Helen Norton
William & Mary Law Review
No abstract provided.
Unlocking The Power Of State Constitutions With Equal Protection: The First Step Toward Education As A Federally Protected Right, Derek W. Black
Unlocking The Power Of State Constitutions With Equal Protection: The First Step Toward Education As A Federally Protected Right, Derek W. Black
William & Mary Law Review
This Article analyzes the intersection of state constitutional law right at stake and the responsibility for enforcing it. Thus, the scrutiny of this right under federal equal protection would be far different than it was just a few decades ago. Given the states’ weakened ability to enforce these rights, the future of education equity depends on federal intervention. with federal equal protection, revealing how federal equal protection, by relying on state constitutional education standards, can force states to further equalize and increase the resources available to struggling schools. It begins by exploring the extent of inequality and inadequacy in our …
Reconstructing The Race-Sex Analogy, Serena Mayeri
Reconstructing The Race-Sex Analogy, Serena Mayeri
William & Mary Law Review
In the standard account, American sex equality law rests on a partial and imperfect analogy to race, developed in the 1970s by feminists intent on establishing formal equality between men and women, and embraced, albeit selectively and uneasily, by lawmakers and judges. But this account, although containing important elements of truth, obscures the creative ways that advocates turned the tables, arguing that principles developed in sex equality jurisprudence could expand the availability of remedies for racial injustice. This Article explores one example of this phenomenon: efforts, led by Ruth Bader Ginsburg, to use the emerging constitutional distinction between detrimental and …
Discrimination And Outrage: The Migration From Civil Rights To Tort Law, Martha Chamallas
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. …
When 2 Or 3 Come Together, Tracey L. Meares, Kelsi Brown Corkan
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, …
The Diversity Rationale For Affirmative Action In Employment After Grutter: The Case For Containment, Jared M. Mellot
The Diversity Rationale For Affirmative Action In Employment After Grutter: The Case For Containment, Jared M. Mellot
William & Mary Law Review
No abstract provided.
Circling Back To The Obvious: The Convergence Of Traditional And Reverse Discrimination In Title Vii Proof, Charles A. Sullivan
Circling Back To The Obvious: The Convergence Of Traditional And Reverse Discrimination In Title Vii Proof, Charles A. Sullivan
William & Mary Law Review
No abstract provided.
The Promise Of Brown Forty Years Later: Introduction, Davison M. Douglas
The Promise Of Brown Forty Years Later: Introduction, Davison M. Douglas
William & Mary Law Review
No abstract provided.
The Rise And Fall Of Supreme Court Concern For Racial Minorities, John E. Nowak
The Rise And Fall Of Supreme Court Concern For Racial Minorities, John E. Nowak
William & Mary Law Review
No abstract provided.
The Supreme Court And Race Discrimination, 1967-1991: The View From The Marshall Papers, Mark V. Tushnet
The Supreme Court And Race Discrimination, 1967-1991: The View From The Marshall Papers, Mark V. Tushnet
William & Mary Law Review
No abstract provided.
The Social Construction Of Brown: Law Reform And The Reconstructive Paradox, Richard Delgado, Jean Stefancic
The Social Construction Of Brown: Law Reform And The Reconstructive Paradox, Richard Delgado, Jean Stefancic
William & Mary Law Review
No abstract provided.
Asian Americans: The "Reticent" Minority And Their Paradoxes, Pat K. Chew
Asian Americans: The "Reticent" Minority And Their Paradoxes, Pat K. Chew
William & Mary Law Review
No abstract provided.
The Inward Turn In Outsider Jurisprudence, Richard Delgado
The Inward Turn In Outsider Jurisprudence, Richard Delgado
William & Mary Law Review
No abstract provided.
The Rhetorical Tapestry Of Race: White Innocence And Black Abstraction, Thomas Ross
The Rhetorical Tapestry Of Race: White Innocence And Black Abstraction, Thomas Ross
William & Mary Law Review
No abstract provided.
Citizenship, Race, And Marginality, Kenneth L. Karst
Citizenship, Race, And Marginality, Kenneth L. Karst
William & Mary Law Review
No abstract provided.
Xenophobia And Parochialism In The History Of American Legal Process: From The Jacksonian Era To The Sagebrush Rebellion, Harry N. Scheiber
Xenophobia And Parochialism In The History Of American Legal Process: From The Jacksonian Era To The Sagebrush Rebellion, Harry N. Scheiber
William & Mary Law Review
No abstract provided.
Constitutional Law - State Action - Closing Rather Than Desegregating Recreational Facilities. Palmer V. Thompson, 91 S. Ct. 1940 (1971), Thomas W. Wright
Constitutional Law - State Action - Closing Rather Than Desegregating Recreational Facilities. Palmer V. Thompson, 91 S. Ct. 1940 (1971), Thomas W. Wright
William & Mary Law Review
No abstract provided.
Swann V. Charlotte-Mecklenburg Board Of Education: Roadblocks To The Implementation Of Brown, J. W. Montgomery Iii
Swann V. Charlotte-Mecklenburg Board Of Education: Roadblocks To The Implementation Of Brown, J. W. Montgomery Iii
William & Mary Law Review
No abstract provided.
Constitutional Law - Civil Rights - Community Facilities Discrimination - Sullivan V. Little Hunting Park, Inc., 90 S. Ct. 400 (1969), Michael Mch. Collins
Constitutional Law - Civil Rights - Community Facilities Discrimination - Sullivan V. Little Hunting Park, Inc., 90 S. Ct. 400 (1969), Michael Mch. Collins
William & Mary Law Review
No abstract provided.