Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Pittsburgh School of Law (11)
- Georgetown University Law Center (10)
- Maurer School of Law: Indiana University (10)
- University of Pennsylvania Carey Law School (10)
- University of North Florida (7)
-
- Columbia Law School (6)
- Northwestern Pritzker School of Law (6)
- William & Mary Law School (6)
- American University Washington College of Law (5)
- University of Baltimore Law (5)
- University of Colorado Law School (5)
- Case Western Reserve University School of Law (4)
- Chicago-Kent College of Law (4)
- Cornell University Law School (4)
- Duke Law (4)
- University of Cincinnati College of Law (4)
- University of Maryland Francis King Carey School of Law (4)
- University of Michigan Law School (4)
- University of Richmond (4)
- University of South Carolina (4)
- Florida International University College of Law (3)
- Santa Clara Law (3)
- Southern Methodist University (3)
- University of Florida Levin College of Law (3)
- University of Miami Law School (3)
- Washington and Lee University School of Law (3)
- Western New England University School of Law (3)
- Mississippi College School of Law (2)
- New York Law School (2)
- Pace University (2)
- Keyword
-
- Civil rights (22)
- Discrimination (18)
- Race (18)
- Civil Rights (14)
- Gender (11)
-
- Affirmative action (8)
- Sexual orientation (7)
- Title VII (7)
- Education (6)
- Employment discrimination (6)
- Segregation (6)
- ADA (5)
- Brown v. Board of Education (5)
- Equality (5)
- Racism (5)
- Constitutional Law (4)
- Disenfranchisement (4)
- Equal protection (4)
- Race discrimination (4)
- Racial discrimination (4)
- Rodney Lawrence (4)
- Rodney Lawrence Hurst (4)
- Same-sex marriage (4)
- Sr. Papers; Hurst (4)
- Sr.; Hurst (4)
- African-Americans (3)
- Constitutional law (3)
- Desegregation (3)
- Discrimination in employment (3)
- Education Law (3)
- Publication
-
- All Faculty Scholarship (20)
- Articles (18)
- Faculty Publications (18)
- Faculty Scholarship (18)
- Articles by Maurer Faculty (10)
-
- Georgetown Law Faculty Publications and Other Works (7)
- NULR Online (6)
- Publications (6)
- Articles in Law Reviews & Other Academic Journals (5)
- Journal Articles (5)
- Law Faculty Publications (5)
- Textual material from the Rodney Lawrence Hurst, Sr. Papers (5)
- Cornell Law Faculty Publications (4)
- Faculty Articles and Other Publications (4)
- Faculty Journal Articles and Book Chapters (3)
- Scholarly Articles (3)
- Scholarly Works (3)
- UF Law Faculty Publications (3)
- Articles & Chapters (2)
- Elisabeth Haub School of Law Faculty Publications (2)
- Law Faculty Scholarly Articles (2)
- Popular Media (2)
- Saffy Collection - All Textual Materials (2)
- Studio for Law and Culture (2)
- U.S. Supreme Court Briefs (2)
- UIC Law Open Access Faculty Scholarship (2)
- Vanderbilt Law School Faculty Publications (2)
- Articles, Book Chapters, & Popular Press (1)
- Faculty Articles (1)
- Faculty Articles and Papers (1)
Articles 1 - 30 of 172
Full-Text Articles in Law
Brown And The Colorblind Constitution, Christopher W. Schmidt
Brown And The Colorblind Constitution, Christopher W. Schmidt
All Faculty Scholarship
This Essay offers the first in-depth examination of the role of colorblind constitutionalism in the history of Brown v. Board of Education. In light of the recent Supreme Court ruling in Parents Involved in Community Schools v. Seattle School Dist. No. 1 (2007), such an examination is needed today more than ever. In this case, Chief Justice John Roberts drew on the history of Brown to support his conclusion that racial classifications in school assignment policies are unconstitutional. Particularly controversial was the Chief Justice's use of the words of the NAACP lawyers who argued Brown as evidence for his colorblind …
Writings: Syrian American Women’S Club December 4, 2008, Edna Louise Saffy
Writings: Syrian American Women’S Club December 4, 2008, Edna Louise Saffy
Saffy Collection - All Textual Materials
Speeches: Presented to the Syrian American Women’s Club December 4, 2008 by Dr. Edna Saffy.
Does Heller Protect A Right To Carry Guns Outside The Home?, Michael C. Dorf
Does Heller Protect A Right To Carry Guns Outside The Home?, Michael C. Dorf
Cornell Law Faculty Publications
No abstract provided.
Cyber Civil Rights (November 2008; Mp3), Danielle Keats Citron
Cyber Civil Rights (November 2008; Mp3), Danielle Keats Citron
Faculty Scholarship
Social networking sites and blogs have increasingly become breeding grounds for anonymous online groups that attack women, people of color, and members of other traditionally disadvantaged groups. These destructive groups target individuals with defamation, threats of violence, and technology-based attacks that silence victims and concomitantly destroy their privacy. Victims go offline or assume pseudonyms to prevent future attacks, impoverishing online dialogue and depriving victims of the social and economic opportunities associated with a vibrant online presence. Attackers manipulate search engines to reproduce their lies and threats for employers and clients to see, creating digital "scarlet letters" that ruin reputations. Today's …
Introducing The New And Improved Americans With Disabilities Act: Assessing The Ada Amendments Act Of 2008, Alex B. Long
Introducing The New And Improved Americans With Disabilities Act: Assessing The Ada Amendments Act Of 2008, Alex B. Long
NULR Online
No abstract provided.
Instead Of Enda, A Course Correction For Title Vii, Jennifer S. Hendricks
Instead Of Enda, A Course Correction For Title Vii, Jennifer S. Hendricks
NULR Online
No abstract provided.
Freedom Comes Only From The Law': The Debate Over Law's Capacity And The Making Of Brown V. Board Of Education, Christopher W. Schmidt
Freedom Comes Only From The Law': The Debate Over Law's Capacity And The Making Of Brown V. Board Of Education, Christopher W. Schmidt
All Faculty Scholarship
From the late nineteenth into the mid-twentieth century, civil rights reformers fought, with little success, against the argument that law was powerless to change prejudicial attitudes and customs. It was widely assumed during the Jim Crow era that forcing the principle of racial equality on resistant southern whites might turn desegregation into yet another failed experiment in social reform by legal fiat - another Reconstruction or Prohibition. In the 1940s and 1950s, these assumptions began to give way because of the efforts of liberal scholars and activists who made the case that legal reform could be particularly effective at combating …
Yes We Did, Photograph
Textual material from the Rodney Lawrence Hurst, Sr. Papers
MoveOn.org print.
Program: Jacksonville Urban League 35th Anniversary Equal Opportunity Luncheon.
Program: Jacksonville Urban League 35th Anniversary Equal Opportunity Luncheon.
Textual material from the Rodney Lawrence Hurst, Sr. Papers
An Equal Opportunity Luncheon on Wednesday, October 29, 2008 at the Hyatt Regency Jacksonville Riverfront.
Is America Finally Ready To Elect A Black President?, F. Michael Higginbotham
Is America Finally Ready To Elect A Black President?, F. Michael Higginbotham
All Faculty Scholarship
In its 220 year history, America has yet to elect a president who is not white. In the 2008 presidential election, Barack Obama, the only black member of the United States Senate, has received the nomination of the Democratic Party, the first minority candidate to ever receive a major party nomination. This article argues that Americans must not let fear or prejudice squander this historic opportunity.
Diversity And Race-Neutrality, Kenneth L. Marcus
Activism And Terrorism, Timothy Zick
The Sanctity Of Polling Places, Timothy Zick
Press Release: Rodney Hurst "It Was Never About A Hot Dog And A Coke", Ron Miller
Press Release: Rodney Hurst "It Was Never About A Hot Dog And A Coke", Ron Miller
Textual material from the Rodney Lawrence Hurst, Sr. Papers
A press release about Rodney Hurst's book "It was never about a hot dog and a coke." In addition, it advertises the Amelia Island Book Festival on October 2-4, 2008.
Straight From The Mouth Of The Volcano: The Lowdown On Law, Language, And Latin@S, Ángel Oquendo
Straight From The Mouth Of The Volcano: The Lowdown On Law, Language, And Latin@S, Ángel Oquendo
Faculty Articles and Papers
No abstract provided.
Is The Right To Vote Really Fundamental?, Joshua A. Douglas
Is The Right To Vote Really Fundamental?, Joshua A. Douglas
Law Faculty Scholarly Articles
This Article poses a question at the core of our democracy: Is the constitutional right to vote a fundamental right? The answer, surprisingly, is “not always.”
For over forty years, the Supreme Court has fostered confusion surrounding the right to vote by creating two lines of election law cases. In one breath the Court calls the right to vote fundamental and applies strict scrutiny review. In another, the Court fails to recognize the right as fundamental and uses a lower level of scrutiny. These two lines of cases have coexisted, leaving lower courts and litigants with little guidance on how …
Pleading Civil Rights Claims In The Post-Conley Era, A. Benjamin Spencer
Pleading Civil Rights Claims In The Post-Conley Era, A. Benjamin Spencer
Faculty Publications
Much has been made of the Supreme Court's recent pronouncements on federal civil pleading standards during the latter half of the 2006-2007 Term. Specifically, what will be the fallout from the Court's decision in Bell Atlantic Corp. v. Twombly, a case that abrogated Conley v. Gibson's famous "no set of facts" formulation and supplanted it with a new plausibility pleading standard? This Article attempts to examine and distill the impact of Twombly on the pleading standards that lower federal courts are applying when scrutinizing civil rights claims. Two main approaches emerge: that of courts choosing to continue to apply a …
Why America Still Needs Affirmative Action, Jonathan K. Stubbs
Why America Still Needs Affirmative Action, Jonathan K. Stubbs
Law Faculty Publications
Affirmative action has gotten a bad rap.Many people think of affirmative action as race-based policies that favor unqualified persons because of the color of their skin. Resentments and misunderstandings flow from such perceptions in part because race remains America’s most inflammatory unfinished business.
To ignite a spirited, thoughtful discussion as well as practical action regarding affirmative action, this article briefly discusses what constitutes affirmative action; evaluates why affirmative action programs that consider race, gender, and class remain necessary; and offers some thoughts regarding when affirmative action should end.
Section 5: Civil Rights, Institute Of Bill Of Rights Law, William & Mary Law School
Section 5: Civil Rights, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Protecting The Right To Vote: Oversight Of The Department Of Justice's Preparations For The 2008 Election - Statement Of Gilda R. Daniels Before The Senate Judiciary Committee, September 9, 2008, Gilda R. Daniels
All Faculty Scholarship
In 2000, we witnessed faulty voting machines with hanging chads and dimpled ballots. We also experienced error-filled purges and voter intimidation in minority neighborhoods. Since the 2000 Presidential election the voting rights vocabulary has expanded to include terms such as, voting irregularities and election protection and created a new debate regarding voter access versus voter integrity. Despite the debates and new legislation in the form of the Help America Vote Act (HAVA), and the continued enforcement of other voting statutes such as the Voting Rights Act and the National Voter Registration Act, (NVRA), problems persist in the operation of our …
Matters Of Conscience: Lessons For Same-Sex Marriage From The Healthcase Context, Robin Fretwell Wilson
Matters Of Conscience: Lessons For Same-Sex Marriage From The Healthcase Context, Robin Fretwell Wilson
Scholarly Articles
None available.
Summary Judgment Rates Over Time, Across Case Categories, And Across Districts: An Empirical Study Of Three Large Federal Districts, Theodore Eisenberg, Charlotte Lanvers
Summary Judgment Rates Over Time, Across Case Categories, And Across Districts: An Empirical Study Of Three Large Federal Districts, Theodore Eisenberg, Charlotte Lanvers
Cornell Law Faculty Publications
Prior research on summary judgment hypothesizes a substantial increase in summary judgment rates after a trilogy of Supreme Court cases in 1986 and a disproportionate adverse effect of summary judgment on civil rights cases. This article analyzes summary judgment rates in the Eastern District of Pennsylvania (EDPA) and the Northern District of Georgia (NDGA), for two time periods, 1980-81 and 2001-02. It also analyzes summary judgment rates for the Central District of California (CDCA) for 1980-81 and for other civil rights cases in the CDCA in 1975-76. The combined sample consists of over 5,000 cases. The three-district sample for 1980-81 …
Certificate: 2008 Sabrina Awards Best Non Fiction And Top Three Pick.
Certificate: 2008 Sabrina Awards Best Non Fiction And Top Three Pick.
Textual material from the Rodney Lawrence Hurst, Sr. Papers
A winner for "It was Never About a Hotdog and a Coke!" at the Sabrina Awards, July 31, 2008
Lessons Learned From The 2004 Presidential Election: Testimony Of Gilda R. Daniels Before The House Judiciary Subcommittee On The Constitution, Civil Rights And Civil Liberties, July 24, 2008, Gilda R. Daniels
All Faculty Scholarship
Since the 2000 Presidential election the voting rights vocabulary has expanded to include terms such as, "voting irregularities" and "election protection" and created a new debate regarding voter access versus voter integrity. Despite the debates and new legislation in the form of the Help America Vote Act (HAVA), and the continued enforcement of other voting statutes such as the Voting Rights Act, and the National Voter Registration Act, (NVRA), problems persist in the operation of our participatory democracy.
What we have witnessed since 2000, particularly during the 2004 election, gave us some reason to hope but also reason for concern. …
The Immigration Paradox: Alien Workers And Distributive Justice, Howard F. Chang
The Immigration Paradox: Alien Workers And Distributive Justice, Howard F. Chang
All Faculty Scholarship
The immigration of relatively unskilled workers poses a fundamental problem for liberals. While from the perspective of the economic welfare of natives, the optimal policy would be to admit these aliens as guest workers, this policy would violate liberal ideals. These ideals would treat these workers as equals, entitled to access to citizenship and to the full set of public benefits provided to citizens. If the welfare of incumbent residents determines admissions policies, however, and we anticipate the fiscal burden that the immigration of the poor would impose, then our welfare criterion would preclude the admission of relatively unskilled workers …
The Americans With Disabilities Act And The Ada Amendments Act Of 2008: Hearing Before The S. Comm. On Health, Education, Labor & Pensions, 110th Cong., July 15, 2008 (Statement Of Chai R. Feldblum, Geo. U. L. Center), Chai R. Feldblum
Testimony Before Congress
No abstract provided.
The Significance Of Sprint/United Management Company V. Mendelsohn: A Reply To Professors Gregory And Secunda, Mitchell H. Rubinstein
The Significance Of Sprint/United Management Company V. Mendelsohn: A Reply To Professors Gregory And Secunda, Mitchell H. Rubinstein
NULR Online
No abstract provided.
Sprint/United Management Company V. Mendelsohn And Case-By-Case Adjudication Of "Me Too" Evidence Of Discrimination, David Gregory
Sprint/United Management Company V. Mendelsohn And Case-By-Case Adjudication Of "Me Too" Evidence Of Discrimination, David Gregory
NULR Online
No abstract provided.
The Uncertain Future Of School Desegregation And The Importance Of Goodwill, Good Sense, And A Misguided Decision, Derek W. Black
The Uncertain Future Of School Desegregation And The Importance Of Goodwill, Good Sense, And A Misguided Decision, Derek W. Black
Faculty Publications
The article was part of a symposium on the jurisprudence of Supreme Court Justice Sandra Day O’Connor. First, the article analyzed whether the Court’s decision in Parents Involved v. Seattle Schools was consistent with Justice O’Connor’s majority opinion in Grutter v. Bollinger. The article concludes that Parents Involved narrowly construed the holding in Grutter and limited its effect. Second, the article assessed the practical import of the decision in Parents Involved. It found that the opinion made voluntary desegregation more difficult than it otherwise would be and, thus, would discourage many school districts from taking progressive action. Unfortunately, the article …
The Availability And Viability Of Socioeconomic Integration Post-Parents Involved, Eboni S. Nelson
The Availability And Viability Of Socioeconomic Integration Post-Parents Involved, Eboni S. Nelson
Faculty Publications
No abstract provided.