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Articles 1 - 30 of 93
Full-Text Articles in Law
Expanding The Civil Rights Dialogue In An Increasingly Diverse America: A Review Of Frank Wu’S Yellow: Race In America Beyond Black And White, Harvey Gee
Touro Law Review
No abstract provided.
Qualified Immunity: The Constitutional Analysis And Its Application, Karen Blum
Qualified Immunity: The Constitutional Analysis And Its Application, Karen Blum
Touro Law Review
No abstract provided.
Human Rights In The World Community: Issues And Action. Eds. Richard Pierre Claude And Burns H. Weston. Philadelphia, Pennsylvania: University Of Pennsylvania Press, 1989. Pp. 376., Ranee K. L. Panjabi
Human Rights In The World Community: Issues And Action. Eds. Richard Pierre Claude And Burns H. Weston. Philadelphia, Pennsylvania: University Of Pennsylvania Press, 1989. Pp. 376., Ranee K. L. Panjabi
Georgia Journal of International & Comparative Law
No abstract provided.
Piercing The Prison Uniform Of Invisibility For Black Female Inmates, Michelle S. Jacobs
Piercing The Prison Uniform Of Invisibility For Black Female Inmates, Michelle S. Jacobs
Michelle S Jacobs
In Inner Lives: Voices of African American Women In Prison, Professor Paula Johnson has written about the most invisible of incarcerated women — incarcerated African American women. The number of women incarcerated in the United States increased by seventy-five percent between 1986 and 1991. Of these women, a disproportionate number are black women. The percentages vary by region and by the nature of institution (county jail, state prison or federal facility), but the bottom line remains the same. In every instance, black women are incarcerated at rates disproportionate to their percentage in the general population. In Inner Lives, Professor Johnson …
The R-Word: A Tribute To Derrick Bell, Kenneth B. Nunn
The R-Word: A Tribute To Derrick Bell, Kenneth B. Nunn
Kenneth B. Nunn
Racism has become the “R-word,” an allegation that is so outrageous that it cannot even be spoken in public, let alone seriously addressed. In this brief exploration, I propose that it is exactly because racism continues to loom large in American society that talking about it has become taboo. In other words, banning the “R-word” serves a political function. It masks the failure of American society to confront the existence of racism and do something about its effects. Derrick Bell's path breaking work can be used to show why the focus of race discourse has moved from debating over what …
The Logic And Experience Of Law: Lawrence V. Texas And The Politics Of Privacy, Danaya C. Wright
The Logic And Experience Of Law: Lawrence V. Texas And The Politics Of Privacy, Danaya C. Wright
Danaya C. Wright
The U.S. Supreme Court's June 2003 decision in Lawrence v. Texas may prove to be one of the most important civil rights cases of the twenty-first century. It may do for gay and lesbian people what Brown v. Board of Education did for African-Americans and Roe v. Wade did for women. While I certainly hope so, my enthusiasm is tempered by the fact that discrimination on the basis of race or gender has not disappeared. Will Lawrence signal meaningful change, or will its revolutionary possibilities be stifled by endless cycles of excuse and redefinition? The case is important, but I …
Alone And Unrepresented: A Call To Congress To Provide Counsel For Unaccompanied Minors, Shani M. King
Alone And Unrepresented: A Call To Congress To Provide Counsel For Unaccompanied Minors, Shani M. King
Shani M. King
The legal rights of children who enter a country without their parents or other guardians, including the right to legal representation in immigration proceedings, differ vastly across the globe. This Article is the first to show that unaccompanied minors lie at the nexus of international and regional human rights standards governing the treatment of immigrants, children, and civil counsel and to show how the development of human rights standards in these three areas underscores the importance of and the need for counsel for unaccompanied minors. Part I illustrates why unaccompanied minors in the United States need legal representation by focusing …
Liberty Vs. Equality: In Defense Of Privileged White Males, Nancy E. Dowd
Liberty Vs. Equality: In Defense Of Privileged White Males, Nancy E. Dowd
Nancy Dowd
In this book review, Professor Dowd reviews Forbidden Grounds: The Case Against Employment Discrimination Laws, by Richard A. Epstein (1992). First, Professor Dowd sets forth the thesis and arguments of Epstein’s book and explores her general criticisms in more detail. Next, she explores Epstein’s core argument pitting liberty against equality from two perspectives: that of the privileged white male and that of minorities and women. Finally, Professor Dowd argues that Epstein’s position cannot be viewed as an argument that most minorities or women would make, as it fails to take account of their stories.
Property Outlaws, Eduardo Peñalver, Sonia Katyal
Property Outlaws, Eduardo Peñalver, Sonia Katyal
Eduardo M. Peñalver
Most people do not hold those who intentionally flout property laws in particularly high regard. The overridingly negative view of the property lawbreaker as a wrong-doer comports with the nearly sacrosanct status of property rights within our characteristically individualist, capitalist, political culture. This dim view of property lawbreakers is also shared to a large degree by property theorists, many of whom regard property rights as a fixed constellation of allocative entitlements that collectively produce stability and order through ownership. In this Article, we seek to rehabilitate, at least to a degree, the maligned character of the intentional property lawbreaker, and …
Court Of Appeals Of New York, Courtroom Television Network, Llc V. New York, Courtney Weinberger
Court Of Appeals Of New York, Courtroom Television Network, Llc V. New York, Courtney Weinberger
Touro Law Review
No abstract provided.
Beyond Admissions: Racial Equality In Law Schools, Sharon E. Rush
Beyond Admissions: Racial Equality In Law Schools, Sharon E. Rush
Sharon E. Rush
Beginning with a discussion of the United States Supreme Court’s decision in McLaurin v. Oklahoma State Regents for Higher Education, this article discusses the meaning of “integration.” In McLaurin, the University of Oklahoma was forced to abandon its segregation policy and not separate black students from their white classmates in all settings (not just the classroom). The McLaurin decision raised the fundamental questions: "What is integration?" and "How is integration related to racial equality?" Significantly, the McLaurin Court clarifies that equality is premised on integration and that integration means more than just having a presence in an institution. The case …
The "Blank Stare Phenomenon": Proving Customary International Law In U.S. Courts, Paul L. Hoffman
The "Blank Stare Phenomenon": Proving Customary International Law In U.S. Courts, Paul L. Hoffman
Georgia Journal of International & Comparative Law
No abstract provided.
Interning The “Non-Alien” Other: The Illusory Protections Of Citizenship, Natsu Taylor Saito
Interning The “Non-Alien” Other: The Illusory Protections Of Citizenship, Natsu Taylor Saito
Natsu Taylor Saito
Saito draws parallels between the internment of Japanese Americans during WWII and the current actions being taken by the US government as it seeks out terrorists in the post-9/11 world. The action of unequal prosecution of citizens based on race has roots that extend far back in American history, and the unfair internment of citizens in the 20th century should not be considered an aberration of public policy.
Hallows Lecture: Screws V. United States And The Birth Of Federal Civil Rights Enforcement, Paul J. Watford
Hallows Lecture: Screws V. United States And The Birth Of Federal Civil Rights Enforcement, Paul J. Watford
Marquette Law Review
none
From Intent To Effect: Richmond, Virginia, And The Protracted Struggle For Voting Rights, 1965–1977, Julian Maxwell Hayter
From Intent To Effect: Richmond, Virginia, And The Protracted Struggle For Voting Rights, 1965–1977, Julian Maxwell Hayter
Jepson School of Leadership Studies articles, book chapters and other publications
Twelve years after the ratification of the Voting Rights Act of 1965 [VRA], Richmond, Virginia elected a historic majority black city council. The 5-4 majority quickly appointed an African American lawyer named Henry Marsh, III to the mayoralty. Marsh, a nationally celebrated civil rights litigator, was not only the city’s first black mayor, but the council election of 1977 was also Richmond’s first since 1970. In 1972, a federal district court used the VRA’s preclearance clause in Section 5 to place a moratorium on council contests. This moratorium lasted until the Supreme Court and the Department of Justice determined whether …
Qualified Immunity For Civil Rights Violations: Refining The Standard , John D. Kirby
Qualified Immunity For Civil Rights Violations: Refining The Standard , John D. Kirby
Cornell Law Review
No abstract provided.
Visits To A Small Planet: Rights Talk In Some Science Fiction Film And Television Series From The 1950s To The 1990s, Christine Corcos
Visits To A Small Planet: Rights Talk In Some Science Fiction Film And Television Series From The 1950s To The 1990s, Christine Corcos
Christine A. Corcos
No abstract provided.
The Enhanced Proliferation Control Initiative: National Security Necessity Or Unconstitutionally Vague?, Daniel H. Joyner
The Enhanced Proliferation Control Initiative: National Security Necessity Or Unconstitutionally Vague?, Daniel H. Joyner
Georgia Journal of International & Comparative Law
No abstract provided.
Equality And The European Union, Elizabeth F. Defeis
Equality And The European Union, Elizabeth F. Defeis
Georgia Journal of International & Comparative Law
No abstract provided.
If She Don’T Win It’S A Shame: Female Executive Sues New York Mets For Pregnancy Discrimination, Joanna L. Grossman, Deborah L. Brake
If She Don’T Win It’S A Shame: Female Executive Sues New York Mets For Pregnancy Discrimination, Joanna L. Grossman, Deborah L. Brake
Hofstra Law Faculty Scholarship
Leigh Castergine was the first woman to become a Senior Vice President in the Front Office of the Mets, a once-beloved, but now losing Major League Baseball team in New York. She was in charge of ticket sales and was rewarded over the years for innovations and successes to the tune of multiple $50,000 raises and a $125,000 bonus. But she met her glass ceiling when she, an unmarried woman, announced her pregnancy in 2013.
The Need For Comprehensive Federal Outreach And Mechanisms To Support State And Local Implementation Of The Convention, Human Rights Institute, International Association Of Official Human Rights Agencies (Iaohra)
The Need For Comprehensive Federal Outreach And Mechanisms To Support State And Local Implementation Of The Convention, Human Rights Institute, International Association Of Official Human Rights Agencies (Iaohra)
Human Rights Institute
Compliance with the Convention Against Torture (“CAT”) requires effective federal coordination with, and education of, state and local governments. In ratifying the CAT, the United States indicated that state and local governments share authority to implement the treaty. This includes the over 150 state and local civil and human rights agencies that enforce federal, state and local human and civil rights laws and/or conduct research, training and education, and issue policy recommendations within the United States (“Human Rights Agencies”). It also includes the full array of state and local officials with decision-making and enforcement authority, including governors, state attorneys general, …
Just, Smart: Civil Rights Protections And Market-Sensitive Vacant Property Strategies, James J. Kelly Jr.
Just, Smart: Civil Rights Protections And Market-Sensitive Vacant Property Strategies, James J. Kelly Jr.
Journal Articles
This essay, prepared for and published by the Center for Community Progress, a national, non-profit intermediary dedicated to developing effective, sustainable solutions to turn vacant, abandoned and problem properties into vibrant places, examines the legal and normative implications of local governments' use of neighborhood real estate market data to strategically focus vacant property remediation tools. I and other writers, such as Frank Alexander, Alan Mallach and Joseph Schilling, have argued for the importance of understanding the economic feasibility of market-based rehabilitation of derelict, vacant houses in making decisions as to how and when to use a variety of code enforcement, …
Becoming Belafonte: Black Artist, Public Radical, Judith Smith
Becoming Belafonte: Black Artist, Public Radical, Judith Smith
Judith E. Smith
A son of poor Jamaican immigrants who grew up in Depression-era Harlem, Harry Belafonte became the first black performer to gain artistic control over the representation of African Americans in commercial television and film. Forging connections with an astonishing array of consequential players on the American scene in the decades following World War II—from Paul Robeson to Ed Sullivan, John Kennedy to Stokely Carmichael—Belafonte established his place in American culture as a hugely popular singer, matinee idol, internationalist, and champion of civil rights, black pride, and black power.
In Becoming Belafonte, Judith E. Smith presents the first full-length interpretive …
Interpreting, Stephanie Jo Kent
Interpreting, Stephanie Jo Kent
Doctoral Dissertations
What do community interpreting for the Deaf in western societies, conference interpreting for the European Parliament, and language brokering in international management have in common? Academic research and professional training have historically emphasized the linguistic and cognitive challenges of interpreting, neglecting or ignoring the social aspects that structure communication. All forms of interpreting are inherently social; they involve relationships among at least three people and two languages. The contexts explored here, American Sign Language/English interpreting and spoken language interpreting within the European Parliament, show that simultaneous interpreting involves attitudes, norms and values about intercultural communication that overemphasize information and discount …
The Expansion Of Executive Powers In Response To The Threat Of Bioterrorism Against Individuals And Agribusiness, Samuel W. Bettwy
The Expansion Of Executive Powers In Response To The Threat Of Bioterrorism Against Individuals And Agribusiness, Samuel W. Bettwy
Samuel W Bettwy
This paper examines and compares, in historical context, the expansion of governmental authority in response to threats of bioterrorism, one of which is aimed directly at people, the other of which is aimed directly at agribusiness. The examination reveals that there is a historical, natural tendency of the executive branch to expand its powers and that the legislative and judicial branches tend to defer to the executive branch during emergencies. The comparison reveals that, although there is such a natural attempt by the executive branch to expand its powers, such expansion has yielded more to concerns over individual rights and …
Cracks In The Shield: The Necessity Of The Employment Non-Discrimination Act, James N. Bolotin
Cracks In The Shield: The Necessity Of The Employment Non-Discrimination Act, James N. Bolotin
James N Bolotin
This paper argues that legislation protecting homosexuals from employment discrimination is necessary, despite hopeful arguments that the text of Title VII should or can already protect against discrimination based on sexual orientation. The paper discusses how the precedent of the federal courts has gone too far in the wrong direction to believe that they will fix this interpretation problem on their own. Furthermore, it posits that the passage of ENDA or similar legislation will successfully lessen the prevalence of this type of discrimination.
Part I considers the history of Title VII’s “because of sex” protection. This includes a short discussion …
Keynote Speech: A Letter From The Original Cause Lawyer, F. Michael Higginbotham
Keynote Speech: A Letter From The Original Cause Lawyer, F. Michael Higginbotham
All Faculty Scholarship
This symposium speech is a short piece which talks about why there is a need for law students to become cause lawyers, the symposium being: cause lawyers and cause lawyering in the sixty years after Brown v. Board of Education. The writer creates an allegorical scene where he's snowed in in his home during a snowstorm, lightning strikes his computer, and the computer comes to life in the form a message being typed, and "channeled" to him by Thurgood Marshall. The former Justice of the Supreme Court proceeds to state the many reasons why there is still a need for …
Pink Franklin V. South Carolina: The Naacp’S First Case, W. Lewis Burke
Pink Franklin V. South Carolina: The Naacp’S First Case, W. Lewis Burke
Faculty Publications
No abstract provided.
Raising The Floor Of Company Conduct: Deriving Public Policy From The Constitution In An Employment-At-Will Arena, Steven J. Mulroy, Amy H. Moorman
Raising The Floor Of Company Conduct: Deriving Public Policy From The Constitution In An Employment-At-Will Arena, Steven J. Mulroy, Amy H. Moorman
Florida State University Law Review
No abstract provided.
Reforming Property Law To Address Devastating Land Loss, Thomas W. Mitchell
Reforming Property Law To Address Devastating Land Loss, Thomas W. Mitchell
Faculty Scholarship
Tenancy-in-common ownership represents the most widespread form of common ownership of real property in the United States. Such ownership under the default rules also represents the most unstable ownership of real property in this country. Thousands of tenancy-in-common property owners, including members of many poor and minority families, have lost their commonly-owned property due to court-ordered, forced partition sales as well as much of their real estate wealth associated with such ownership as a result of such sales. Though some scholars and the media have highlighted how thousands of African-Americans have lost an untold amount of property and substantial real …