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Full-Text Articles in Law

The Case Against Private Disparate Impact Suits, Thom Lambert Apr 2000

The Case Against Private Disparate Impact Suits, Thom Lambert

Faculty Publications

This article argues that the Third Circuit, and the courts that have implicitly approved private disparate impact suits, have erred in construing Title VI to permit private plaintiffs to sue federally funded entities for discrimination based on disparate impact alone. From a policy standpoint, permitting private disparate impact suits is a bad idea, for the threat of such suits will lead to deterrence of actions and decisions that have incidental disparate effects but are, on the whole, good.


A. Leon Higginbotham Jr.: Who Will Carry The Baton?, F. Michael Higginbotham, José F. Anderson Apr 2000

A. Leon Higginbotham Jr.: Who Will Carry The Baton?, F. Michael Higginbotham, José F. Anderson

All Faculty Scholarship

It was a rainy November day during Thanksgiving weekend of 1997. The scene was the Washington, D.C., childhood home of Dr. Evelyn Brooks Higginbotham, A. Leon Higginbotham Jr.'s beloved wife. Our assignment was to assist in the removal, packing, and transport of a few prized family heirlooms that were to be taken to their home in Newton, Massachusetts.

On the early morning drive into Washington, D.C., our conversation was mostly idle chit-chat. Little did we know that the circumstances of the day would lead to an amazing set of discussions, the importance of which we could never ...


The Big Bang: Brown Vs Board Of Education, And Beyond: The Autobiography Of Oliver W. Hill, Sr., Jonathan K. Stubbs Jan 2000

The Big Bang: Brown Vs Board Of Education, And Beyond: The Autobiography Of Oliver W. Hill, Sr., Jonathan K. Stubbs

Law Faculty Publications

Autobiography of Oliver Hill discussing his life, work, and the civil rights struggle in the twentieth century.


Paving The Road: A Charles Hamilton Houston Approach To Securing Trans Rights, Jennifer L. Levi Jan 2000

Paving The Road: A Charles Hamilton Houston Approach To Securing Trans Rights, Jennifer L. Levi

Faculty Scholarship

This Article argues that securing the rights of transgender people requires a comprehensive and long-term litigation strategy and suggests Charles Hamilton Houston as the architect of the modern Civil Rights movement and the inspiration for a trans rights litigation strategy. Section II briefly details the life of Charles Hamilton Houston and focuses on the legal strategy he designed and carried out to overturn Plessy. It continues by drawing some conclusions about what Houston's plan teaches about the struggle for trans rights and a trans litigation strategy. Section III examines the reasons certain cases challenge assumptions about sex and gender ...


Twins At Birth: Civil Rights And The Role Of The Solicitor General, Seth P. Waxman Jan 2000

Twins At Birth: Civil Rights And The Role Of The Solicitor General, Seth P. Waxman

Georgetown Law Faculty Publications and Other Works

It is painful even today to contemplate the awful devastation wreaked upon this nation by the War Between the States. But like most cataclysms, the Civil War also gave birth to some important positive developments. I would like to talk with you today about two such offspring of that war, and the extent to which, like many sibling pairs, they have influenced each other's development. The first child - the most well-known progeny of the Civil War - was this country's commitment to civil rights. The war, of course, ended slavery. But it did not - and could not - change the ...


Rights And Rules: An Overview, Matthew D. Adler, Michael C. Dorf Jan 2000

Rights And Rules: An Overview, Matthew D. Adler, Michael C. Dorf

Faculty Scholarship

No abstract provided.


The Eclectic Model Of Censorship, Kenji Yoshino Jan 2000

The Eclectic Model Of Censorship, Kenji Yoshino

Faculty Scholarship Series

Censorship used to be a very dull subject. Aligned along
predictable and venerable divisions separating liberals from
conservatives, oriented toward ancient and well-rehearsed
chestnuts such as obscenity and national security, the topic
promised little of analytic interest.
In recent years, however, the landscape of censorship has
altered dramatically. Now feminists in Indianapolis join with
fundamentalist Christians to seek the regulation of pornography.
Critical race theorists join with Jesse Helms to regulate hate
speech. Advocates of abortion rights seek to restrict political
demonstrations while conservative pro-life groups defend the
freedom to picket (p. 1).