Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Civil Rights and Discrimination (24)
- Constitutional Law (10)
- Environmental Law (6)
- Law and Race (6)
- Administrative Law (5)
-
- Education Law (5)
- Health Law and Policy (4)
- Law and Society (3)
- Legislation (3)
- Social and Behavioral Sciences (3)
- Disability Law (2)
- Disability Studies (2)
- Fourteenth Amendment (2)
- Housing Law (2)
- Law and Politics (2)
- Medicine and Health Sciences (2)
- Public Affairs, Public Policy and Public Administration (2)
- Climate (1)
- Community Health and Preventive Medicine (1)
- Dispute Resolution and Arbitration (1)
- Energy Policy (1)
- Environmental Health and Protection (1)
- Environmental Monitoring (1)
- Environmental Policy (1)
- Environmental Sciences (1)
- First Amendment (1)
- Health Policy (1)
- Human Rights Law (1)
- Indigenous, Indian, and Aboriginal Law (1)
- Institution
-
- Columbia Law School (7)
- University of Cincinnati College of Law (7)
- Touro University Jacob D. Fuchsberg Law Center (5)
- Georgetown University Law Center (2)
- Maurer School of Law: Indiana University (2)
-
- Saint Louis University School of Law (2)
- Boston University School of Law (1)
- University of Colorado Law School (1)
- University of Pennsylvania Carey Law School (1)
- University of Pittsburgh School of Law (1)
- University of Richmond (1)
- University of South Carolina (1)
- University of Tennessee College of Law (1)
- Washington and Lee University School of Law (1)
- Publication Year
Articles 1 - 30 of 33
Full-Text Articles in Law
Ochoa, Big Ten Law Deans Pledge Support For Diversity Ahead Of Scotus Affirmative Action Ruling, The Indiana Lawyer
Ochoa, Big Ten Law Deans Pledge Support For Diversity Ahead Of Scotus Affirmative Action Ruling, The Indiana Lawyer
Christiana Ochoa (7/22-10/22 Acting; 11/2022-)
s the U.S. Supreme Court prepares to hand down a decision that could fundamentally alter affirmative action, a group of law school deans — including Dean Christiana Ochoa of the Indiana University Maurer School of Law — has issued a statement affirming the deans’ commitment to diversity.
The group of 15 deans represent Big Ten law schools, including IU Maurer. In their statement — which IU Maurer posted to its official Facebook page — the deans say they are “joining together to affirm our commitment to advancing diversity, equity, and inclusion through legally permissible means, regardless of the outcome of …
Affirmatively Furthering Health Equity, Mary Crossley
Affirmatively Furthering Health Equity, Mary Crossley
Articles
Pervasive health disparities in the United States undermine both public health and social cohesion. Because of the enormity of the health care sector, government action, standing alone, is limited in its power to remedy health disparities. This Article proposes a novel approach to distributing responsibility for promoting health equity broadly among public and private actors in the health care sector. Specifically, it recommends that the Department of Health and Human Services issue guidance articulating an obligation on the part of all recipients of federal health care funding to act affirmatively to advance health equity. The Fair Housing Act’s requirement that …
Overreach And Innovation In Equality Regulation, Olatunde C.A. Johnson
Overreach And Innovation In Equality Regulation, Olatunde C.A. Johnson
Faculty Scholarship
At a time of heightened concern about agency overreach, this Article highlights a less appreciated development in agency equality regulation. Moving beyond traditional bureaucratic forms of regulation, civil rights agencies in recent years have experimented with new forms of regulation to advance inclusion. This new "inclusive regulation" can be described as more open ended, less coercive, and more reliant on rewards, collaboration, flexibility, and interactive assessment than traditional modes of civil rights regulation. This Article examines the power and limits of this new inclusive regulation and suggests a framework for increasing the efficacy of these new modes of regulation.
Experiencing Experiential Education: A Faculty-Student Perspective On The University Of Tennessee College Of Law's Adventure In Access To Justice Author, Robert C. Blitt
Experiencing Experiential Education: A Faculty-Student Perspective On The University Of Tennessee College Of Law's Adventure In Access To Justice Author, Robert C. Blitt
Scholarly Works
This article functions both as a brief history lesson in experiential education and as a case study of an experiential course entitled “Human Rights Practicum” offered at the University of Tennessee College of Law in 2015. After briefly discussing historical and current trends in law school reform, including the rise of experiential education within the law school curriculum and the role played by technology in this context, the article turns to explore the impetus for the Human Rights Practicum, its development and implementation, as well as the software technology used to develop its final work product, a web-based “guided interview” …
Race Inequity Fifty Years Later: Language Rights Under The Civil Rights Act Of 1964, Jasmine Gonzales Rose
Race Inequity Fifty Years Later: Language Rights Under The Civil Rights Act Of 1964, Jasmine Gonzales Rose
Faculty Scholarship
As Latinos have become the largest racialized minority in the United States, we should ask whether the civil rights laws of yesterday are equipped to address the race problems of today. Half a century after the passage of the Civil Rights Act of 1964, racial discrimination still exists, but it manifests itself differently. Rather than explicitly barring someone from employment, education, public accommodations, or civic participation on the basis of his or her race, racially discriminatory exclusion is often couched in seemingly race-neutral terms. English language requirements are one example of this. A sign outside a restaurant stating, “No Mexicans, …
Cultural Collisions And The Limits Of The Affordable Care Act, Jasmine E. Harris
Cultural Collisions And The Limits Of The Affordable Care Act, Jasmine E. Harris
All Faculty Scholarship
National Federation of Independent Business v. Sebelius (“NFIB”) settled the central constitutional questions impeding the rollout of the Patient Protection and Affordable Care Act (“ACA”): whether the federal government’s “individual mandate” to purchase or hold health insurance and the federal government’s authority to retract existing federal dollars if states fail to expand Medicaid eligibility violate the Constitution. However, a number of residual questions persist in its wake. While most of the focus this year has been on related constitutional issues — such as religious exemptions from offering contraceptive coverage to employees — NFIB also clears the path for a discussion …
Lawyering That Has No Name: Title Vi And The Meaning Of Private Enforcement, Olatunde C.A. Johnson
Lawyering That Has No Name: Title Vi And The Meaning Of Private Enforcement, Olatunde C.A. Johnson
Faculty Scholarship
On the occasion of the fiftieth anniversary of the Civil Rights Act of 1964, this Essay examines the problem of private enforcement of Title VI. The Essay reviews the unduly constrained approach to private enforcement taken by courts in prominent decisions such as Regents of the University of California v. Bakke and Alexander v. Sandoval. Yet the Essay argues that to focus primarily on private court enforcement of Title VI will continue to relegate the provision to the margins of civil rights discourse, to make the provision appear largely as the "sleeping giant" of civil rights law. The practice …
The Agency Roots Of Disparate Impact, Olatunde C.A. Johnson
The Agency Roots Of Disparate Impact, Olatunde C.A. Johnson
Faculty Scholarship
The disparate impact strand of antidiscrimination law provides the possibility of challenging harmful employment, education, housing, and other public and private policies and practices without the often-difficult burden of proving intentional discrimination. And yet the disparate impact standard seems to be facing its own burdens. Rulings by the Supreme Court in recent years have shaken the disparate impact standard's footing. In Ricci v. De- Stefano, the Court rejected a frontal assault to the disparate impact standard under Title VII of the Civil Rights Act of 1964, but cast the standard as at odds with Title VII's true core – …
Leveraging Antidiscrimination, Olatunde C.A. Johnson
Leveraging Antidiscrimination, Olatunde C.A. Johnson
Faculty Scholarship
As the Civil Rights Act of 1964 turns fifty, antidiscrimination law has become unfashionable. Civil rights strategies are posited as not up to the serious task of addressing contemporary problems of inequality such as improving mobility for low-wage workers or providing access into entry-level employment. This Article argues that there is a danger in casting aside the Civil Rights Act as one charts new courses to address inequality. This Article revisits the implementation strategies that emerged in the first decade of the Act to reveal that the Act was not limited to addressing formal discrimination or bias, but rather drew …
Racial Disparities In Accessing Health Care And Health Status, Ruqaiijah Yearby
Racial Disparities In Accessing Health Care And Health Status, Ruqaiijah Yearby
All Faculty Scholarship
Point (Overview): Interpersonal and institutional racial biases are the principal reasons for racial disparities in accessing health care and disparities in African Americans’ health status, which can only be addressed by acknowledging and putting an end to interpersonal and institutional racial bias in the health care system that adversely affects the health status African-Americans.
Counterpoint (Overview): The irrational structure of health care, which is based on ability to pay, rather than need is the main cause of racial disparities in health, which will not be equalized until the structure of the health care system is fixed or when African Americans’ …
Beyond The Private Attorney General: Equality Directives In American Law, Olatunde C.A. Johnson
Beyond The Private Attorney General: Equality Directives In American Law, Olatunde C.A. Johnson
Faculty Scholarship
American civil rights regulation is generally understood as relying on private enforcement in courts rather than imposing positive duties on state actors to further equity goals. This Article argues that this dominant conception of American civil rights regulation is incomplete. American civil rights regulation also contains a set of "equality directives," whose emergence and reach in recent years have gone unrecognized in the commentary. These federal-level equality directives use administrative tools of conditioned spending, policymaking, and oversight powerfully to promote substantive inclusion with regard to race, ethnicity, language, and disability. These directives move beyond the constraints of the standard private …
Doctrinal Dilemma, Girardeau A. Spann
Doctrinal Dilemma, Girardeau A. Spann
Georgetown Law Faculty Publications and Other Works
In response to Kimberly West-Faulcon, The River Runs Dry: When Title VI Trumps State Anti–Affirmative Action Laws, 157 U. PA. L. REV. 1075 (2009).
Professor Kimberly West-Faulcon has identified a tension between state anti-affirmative action laws and the continued enrollment of minority students in public universities, and the author argues the tension is not surprising, because the voter initiatives that led to those state anti-affirmative action laws were transparently motivated by white majoritarian desires to reduce minority student enrollment in public universities. He feels what is surprising, however, is Professor West-Faulcon’s suggestion that state anti-affirmative action laws can themselves …
The Mysteriously Reappearing Cause Of Action: The Court’S Expanded Concept Of Intentional Gender And Race Discrimination In Federally Funded Programs, Derek W. Black
Faculty Publications
This Article addresses whether a cause of action exists under federal statutes to challenge gender and racial inequity in federally funded programs. The question has widespread ramifications because Congress appropriates funds to millions of programs that are subject to these statutes. The Court has held that the only cause of action that exists under these statutes is for intentional discrimination, but in a series of recent cases the Court has developed a framework that broadens the concept of intentional discrimination. Unfortunately, lower courts have focused on older and narrower interpretations of intentional discrimination without accounting for the more complex nuances …
Creating A Roadmap For Achieving Intergenerational Environmental Justice, Clifford Rechtschaffen
Creating A Roadmap For Achieving Intergenerational Environmental Justice, Clifford Rechtschaffen
The Climate of Environmental Justice: Taking Stock (March 16-17)
Presenter: Clifford Rechtschaffen, Professor of Law and Director, JD Environmental Law Program; Co-Director, Environmental Law and Justice Clinic, Golden Gate University School of Law
5 pages.
Striving For Equality, But Settling For The Status Quo: Is Title Vi More Illusory Than Real?, Ruqaiijah Yearby
Striving For Equality, But Settling For The Status Quo: Is Title Vi More Illusory Than Real?, Ruqaiijah Yearby
All Faculty Scholarship
A plethora of empirical studies, such as the Institute of Medicine’s Unequal Treatment report, have shown that racial inequities in health care continue at the same level as in the Jim Crow Era. Innumerable reasons have been offered to explain the continuation of these health inequities, including racial discrimination. Congress enacted Title VI of the Civil Rights Act of 1964 to put an end to racial discrimination in health care, but it still persists. Given the regulation and enforcement mechanisms established under Title VI explicitly aimed at remedying racial discrimination such as that directed at elderly African-Americans it is unbelievable …
Disparity Rules, Olatunde C.A. Johnson
Disparity Rules, Olatunde C.A. Johnson
Faculty Scholarship
In 1992, Congress required states receiving federal juvenile justice funds to reduce racial disparities in the confinement rates of minority juveniles. This provision, now known as the disproportionate minority contact standard (DMC), is potentially more far-reaching than traditional disparate impact standards: It requires the reduction of racial disparities regardless of whether those disparities were motivated by intentional discrimination orjustified by "legitimate" agency interests. Instead, the statute encourages states to address how their practices exacerbate racial disadvantage.
This Article casts the DMC standard as a partial response to the failure of constitutional and statutory standards to discourage actions that produce racial …
Are Anti-Retaliation Regulations In Title Vi Or Title Ix Enforceable In A Private Right Of Action: Does Sandoval Or Sullivan Control This Question?, Bradford Mank
Faculty Articles and Other Publications
Recently, the federal circuit courts of appeal have divided in addressing to what extent either Title VI of the Civil Rights Act of 1964 or Title IX of the Education Amendments of 1972 protects those who complain about racial or gender discrimination from retaliation by their employers or schools. Neither Title VI nor Title IX explicitly prohibits retaliation by recipients. However, various federal agencies have issued specific Title VI or IX regulations that explicitly prohibit retaliation by recipients. Title IX "was modeled after Title VI . . ., which is parallel to Title IX except that it prohibits race discrimination, …
Discrimination Cases Of The 2002 Term (Symposium: The Fifteenth Annual Supreme Court Review), Eileen Kaufman
Discrimination Cases Of The 2002 Term (Symposium: The Fifteenth Annual Supreme Court Review), Eileen Kaufman
Scholarly Works
No abstract provided.
Are Title Vi's Disparate Impact Regulations Valid?, Bradford Mank
Are Title Vi's Disparate Impact Regulations Valid?, Bradford Mank
Faculty Articles and Other Publications
This Essay, however, contends that section 602 disparate impact regulations in Tide VI are valid because Congress has implicitly sanctioned their creation, and explicitly approved them in subsequent related statutes.
Part II of this Essay discusses the legislative history of Tide VI, which suggests that Congress intended to give administrative agencies discretion to define "discrimination" in their Tide VI regulations as prohibiting either intentional conduct or actions having disparate impacts against racial minorities as long as the President approved such rules.
Part III illustrates that five different Congresses have enacted four subsequent related statutes that explicitly incorporate Tide VI disparate …
A Comment On Grutter And Gratz V. Bollinger, Lee C. Bollinger
A Comment On Grutter And Gratz V. Bollinger, Lee C. Bollinger
Faculty Scholarship
Now that the Supreme Court has definitively resolved (at least for a generation) the issue of the constitutionality of affirmative action in American higher education, thereby continuing without major adjustment what has been the practice in our selective colleges and universities for more or less the last thirty years, it is easy to forget how different the United States would have looked in the years ahead if only one vote had shifted to the dissenting side. Just how precipitous and long-lasting the decline in racial and ethnic diversity would have been is a complicated matter, but that it would have …
Discrimination Cases In The 2001 Term Of The Supreme Court (Symposium: The Fourteenth Annual Supreme Court Review), Eileen Kaufman
Discrimination Cases In The 2001 Term Of The Supreme Court (Symposium: The Fourteenth Annual Supreme Court Review), Eileen Kaufman
Scholarly Works
No abstract provided.
Proving An Environmental Justice Case: Determining An Appropriate Comparison Population, Bradford Mank
Proving An Environmental Justice Case: Determining An Appropriate Comparison Population, Bradford Mank
Faculty Articles and Other Publications
In proving a case of adverse disparate impact discrimination under Title VI of the 1964 Civil Rights Act, a plaintiff in its prima facie case must show a significant disparity between an affected population and an appropriate comparison population. Both government agencies and commentators have neglected to address the crucial issue of how to elect and define a comparison population. Title VI cases often look to Title VII cases for guidance. Title VII cases require that a comparison population should be similarly situated to the affected population. In 2000, the Environmental Protection Agency ("the EPA" or "the Agency") issued draft …
Using § 1983 To Enforce Title Vi's Section 602 Regulations, Bradford Mank
Using § 1983 To Enforce Title Vi's Section 602 Regulations, Bradford Mank
Faculty Articles and Other Publications
This Article examines the circumstances under which § 1983 suits may be used to enforce agency regulations in general, and Title VI's disparate impact regulations in particular.
Discrimination Cases In The 2000 Term, Eileen Kaufman
Discrimination Cases In The 2000 Term, Eileen Kaufman
Scholarly Works
No abstract provided.
Reforming State Brownfield Programs To Comply With Title Vi, Bradford Mank
Reforming State Brownfield Programs To Comply With Title Vi, Bradford Mank
Faculty Articles and Other Publications
Many states have adopted voluntary action programs to encourage developers to clean up and redevelop brownfields, former industrial or commercial facilities that have some environmental contamination. While brownfields redevelopment often has important benefits, states often allow cleanups that are less stringent than would otherwise be required and that raises the possibility that redevelopment could pose health risks to neighboring residents. Because many brownfield sites are located in areas with significant minority populastions, there is the potential for disproportionate impacts against these groups. If disparate impacts occur, states are arguably liable under Title VI of the 1964 Civil Rights Act. The …
Environmental Justice And Title Vi: Making Recipient Agencies Justify Their Siting Decisions, Bradford Mank
Environmental Justice And Title Vi: Making Recipient Agencies Justify Their Siting Decisions, Bradford Mank
Faculty Articles and Other Publications
Title VI prohibits federal agencies from providing funds to state or local agencies that discriminate. Environmental justice advocates have filed over fifty Title VI complaints with the EPA alleging that state or local environmental agencies have granted permits that will cause disparate impacts against minority groups. In February 1998, the EPA promulgated an Interim Guidance on Title VI to help the agency resolve these complaints. A wide range of state and local officials has criticized the Guidance because its vague definition of "disparate impact" may give the EPA too much discretion to find discrimination. This Article demonstrates, however, that the …
Is There A Private Cause Of Action Under Epa's Title Vi Regulations?: The Need To Empower Environmental Justice Plaintiffs, Bradford Mank
Is There A Private Cause Of Action Under Epa's Title Vi Regulations?: The Need To Empower Environmental Justice Plaintiffs, Bradford Mank
Faculty Articles and Other Publications
This article will apply the Chester three-factor test to find a private right of action implied in the administrative regulations promulgated by various agencies to implement Section 602 of Title VI. This article also proposes that it would be inconsistent to apply today's more stringent standard for inferring congressional intent in deciding whether a private right exists under Section 602. Such inconsistency arises as a result of the Supreme Court's application of a more lenient standard in recognizing a private right of action under Section 601.
Recent Case: Fourth Circuit Finds University Of Maryland Minority Scholarship Program Unconstitutional, Podberesky V. Kirwan, 38 F.3d 147 (4th Cir. 1994), Kimberly J. Robinson
Recent Case: Fourth Circuit Finds University Of Maryland Minority Scholarship Program Unconstitutional, Podberesky V. Kirwan, 38 F.3d 147 (4th Cir. 1994), Kimberly J. Robinson
Law Faculty Publications
In Podberesky v. Kirwan,4 the Fourth Circuit held that the University of Maryland at College Park (UMCP) denied Daniel Podberesky, a Hispanic/white student, equal protection of the laws by excluding him from consideration for the race-based Benjamin Banneker Scholarship Program. The program, the court held, was not narrowly tailored to remedy past discrimination at the University. In its analysis, however, the court applied only a portion of the applicable legal standard. A proper analysis of the program using the factors set forth in United States v. Paradise would have demonstrated that the program was narrowly tailored to address the racial …
Evening The Odds: The Case For Attorneys' Fee Awards For Administrative Resolution Of Title Vi And Title Vii Disputes, Marjorie A. Silver
Evening The Odds: The Case For Attorneys' Fee Awards For Administrative Resolution Of Title Vi And Title Vii Disputes, Marjorie A. Silver
Scholarly Works
In this Article Professor Silver addresses the shifting of attorneys' fees in administratively resolved claims under Titles VI and VII of the Civil Rights Act of 1964. Professor Silver begins by establishing Congress' commitment to provide informal methods for resolving disputes under these statutes and its intent to use fee-shifting provisions as a means of inducing effective access to counsel. She then discusses the United States Supreme Court's decision in North Carolina Department of Transportation v. Crest Street Community Council, Inc. and contrasts its reasoning with two earlier Court decisions dealing with administrative proceedings and attorneys' fees. Professor Silver argues …
American Tobacco Co. V. Patterson, Lewis F. Powell Jr
American Tobacco Co. V. Patterson, Lewis F. Powell Jr
Supreme Court Case Files
No abstract provided.