Open Access. Powered by Scholars. Published by Universities.®
Civil Rights and Discrimination Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Civil Rights Act; Title VII; Discrimination Law; workplace discrimination; Adverse Employment Action; Hostile Work Environment; Brown v. Brody; Chambers v. District of Columbia; Circuit Split; harm; de minimis harm; Muldrow v. City of St. Louis Missouri (1)
- Civil rights; police misconduct; police tort liability; intellectual history of public and private law; public law; private law; intentional infliction of emotional distress; IIED; police accountability law; Section 1983; constitutional tort; tort law; tort liability; middle spaces; racialized policing; (1)
- First Amendment; Establishment Clause; Religion; Kennedy (1)
- Health equity; race discrimination; disability discrimination; Affordable Care Act; ACA; Fair Housing Act; FHA; Civil Rights Act; health outcomes; health disparity; HUD; HHS; Title VI; Americans with Disabilities Act; ADA; (1)
- Kennedy v. Bremerton School District; School Board; Legislative Prayer; Legislative Prayer Exception; Lemon; Lemon v. Kurtzman; Lemon Test; Endorsement Test; Coercion Test; Prayer; Prayer in School; McCarty; Chino Valley (1)
Articles 1 - 4 of 4
Full-Text Articles in Civil Rights and Discrimination
When Life Takes Your Lemons: Resolving The Legislative Prayer Debate In School Board Settings In Light Of Kennedy V. Bremerton School District, Jordan Halper
Brooklyn Law Review
The COVID-19 pandemic fanned the flames of a fire that had been slowly but steadily burning since 2016, arming the loudest warriors of America’s endless culture war with a slew of new divisive issues. Virtually overnight, parental rights groups began capitalizing on the frustration in their communities in order to spur political change, training their ire toward public schools. What began as a crusade against mask mandates and vaccines manifested into a well-funded effort by ultraconservative groups to undermine the public education system as a whole. Against this backdrop, the legislative prayer exception—which was meant to sanction the practice of …
Dogma, Discrimination, And Doctrinal Disarray: A New Test To Define Harm Under Title Vii, Zach Islam
Dogma, Discrimination, And Doctrinal Disarray: A New Test To Define Harm Under Title Vii, Zach Islam
Brooklyn Law Review
Historically, federal courts have used the “adverse employment action” test in Title VII disparate treatment, disparate impact, and retaliation cases to determine whether a plaintiff has suffered adequate harm. This note argues that this approach is fundamentally flawed. At the outset, the test is a judicial power grab with no support in the statutory language. What is more, it fails to uphold the plain policy purposes for Title VII by largely ignoring evidence of discriminatory acts in the workplace that Congress sought to prevent in passing the statute. Consequently, Title VII plaintiffs get the short end of the stick with …
A New Private Law Of Policing, Cristina Carmody Tilley
A New Private Law Of Policing, Cristina Carmody Tilley
Brooklyn Law Review
American law and American life are asymmetrical. Law divides neatly in two: public and private. But life is lived in three distinct spaces: pure public, pure private, and hybrid middle spaces that are neither state nor home. Which body of law governs the shops, gyms, and workplaces that are formally accessible to all, but functionally hostile to Black, female, poor, and other marginalized Americans? From the liberal midcentury onward, social justice advocates have treated these spaces as fundamentally public and fully remediable via public law equity commands. This article takes a broader view. It urges a tort law revival in …
Affirmatively Furthering Health Equity, Mary Crossley
Affirmatively Furthering Health Equity, Mary Crossley
Brooklyn Law Review
Pervasive health disparities in the United States undermine both public health and social cohesion. Because of the enormity of the healthcare 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 healthcare 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 healthcare funding to act affirmatively to advance health equity. The Fair Housing Act’s requirement that recipients of federal …