Law Commons^™

A Comment On Justice O'Connor's Quest For Power And Its Impact On African American Wealth, Joan Tarpley

South Carolina Law Review

No abstract provided.

Section 4: Civil Rights, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Baby Steps Or One Fell Swoop?: The Incremental Extension Of Rights Is Not A Defensible Strategy, James M. Donovan

Law Faculty Scholarly Articles

The problem of incrementalism emerges from the common practice of limiting certain rights only to groups on certified lists. Section I reviews this problem of the list, and how the failure of lists to include gay men and lesbians profoundly impacts their daily lives. Possible strategic responses to this problem (such as doing nothing, interpreting the current list to include us, eliminating the list altogether, or expanding the list to include us explicitly) are considered in Section II, concluding by focusing on a special kind of gradualism, list incrementalism. List incrementalism occurs when a right is extended to new groups …

Mediation In Black And White: Unequal Distribution Of Empowerment By Police, Christopher C. Cooper

Christopher C. Cooper Dr.

Mediation in Black & White: Unequal Distribution of Empowerment by Police. On calls-for-service involving an interpersonal disputes, patrol Police officers either arbitrate the matter (e.g., authoritarian directives or arrest) or empower disputing parties to reach a collective resolutiuon; however whether the latter is availabe to disputing parties depends on their race.

Baby Steps Or One Fell Swoop?: The Incremental Extension Of Rights Is Not A Defensible Strategy, James M. Donovan

James M. Donovan

The problem of incrementalism emerges from the common practice of limiting certain rights only to groups on certified lists. Section I reviews this problem of the list, and how the failure of lists to include gay men and lesbians profoundly impacts their daily lives. Possible strategic responses to this problem (such as doing nothing, interpreting the current list to include us, eliminating the list altogether, or expanding the list to include us explicitly) are considered in Section II, concluding by focusing on a special kind of gradualism, list incrementalism. List incrementalism occurs when a right is extended to new groups …

Introduction To Perspectives On Constitutional Exemptions To Civil Rights Laws: Boy Scouts Of America V. Dale, Bryson J. Hunter

William & Mary Bill of Rights Journal

No abstract provided.

The Emerging Law Of Race And Student Assignment Plans, John Charles Boger, Elizabeth Jean Bower

Faculty Publications

No abstract provided.

The Future Of Educational Diversity: Old Decrees, New Challenges, John Charles Boger, Elizabeth Jean Bower

Faculty Publications

No abstract provided.

Rights Of Inequality: Rawlsian Justice, Equal Opportunity, And The Status Of The Family, Justin Schwartz

Justin Schwartz

Is the family subject to principles of justice? In A Theory of Justice, John Rawls includes the (monogamous) family along with the market and the government as among the "basic institutions of society" to which principles of justice apply. Justice, he famously insists, is primary in politics as truth is in science: the only excuse for tolerating injustice is that no lesser injustice is possible. The point of the present paper is that Rawls doesn't actually mean this. When it comes to the family, and in particular its impact on fair equal opportunity (the first part of the the Difference …

"Simply So Different": The Uniquely Expressive Character Of The Openly Gay Individual After Boy Scouts V. Dale, Nancy J. Knauer

Nancy J. Knauer

Boy Scouts v. Dale was uniformly considered a set back for gay rights. Undeniably, it was not a good result for James Dale or other openly gay individuals who would like to participate in the largest youth organization in the U.S. This Article views Boy Scouts v. Dale in a different light and suggests that the expressive character of the openly gay individual endorsed by the majority may signal an opportunity to argue for greater First Amendment protections. The majority recognized that a single avowal of homosexuality imbues the openly gay individual with a uniquely expressive character. Wherever he goes, …

Subjective States Of Mind And Custodial Arrest: Race Based Policing, Christopher C. Cooper

Christopher C. Cooper Dr.

No abstract provided.

From Buchanan To Button: Legal Ethics And The Naacp (Part Ii), Susan Carle

Articles in Law Reviews & Other Academic Journals

No abstract provided.

The Struggle For Sex Equality In Sport And The Theory Behind Title Ix, Deborah Brake

Articles

Title IX's three-part test for measuring discrimination in the provision of athletic opportunities to male and female students has generated heated controversy in recent years. In this Article, Professor Brake discusses the theoretical underpinnings behind the three-part test and offers a comprehensive justification of this theory as applied to the context of sport. She begins with an analysis of the test's relationship to other areas of sex discrimination law, concluding that, unlike most contexts, Title IX rejects formal equality as its guiding theory, adopting instead an approach that focuses on the institutional structures that subordinate girls and women in sport. …

Discrimination Cases In The 2000 Term, Eileen Kaufman

Scholarly Works

No abstract provided.

Behind The Glare Of The Spotlight: Grassroots Efforts To Integrate Facilities In Jacksonville, Florida 1958-1963, Debbie Owens

Debbie Owens