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Civil Rights and Discrimination Commons™
Open Access. Powered by Scholars. Published by Universities.®
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- Touro University Jacob D. Fuchsberg Law Center (2)
- Villanova University Charles Widger School of Law (2)
- West Virginia University (2)
- Florida State University College of Law (1)
- Maurer School of Law: Indiana University (1)
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- Mitchell Hamline School of Law (1)
- Northwestern Pritzker School of Law (1)
- Pepperdine University (1)
- Selected Works (1)
- The University of Akron (1)
- University of Colorado Law School (1)
- University of Michigan Law School (1)
- Washington and Lee University School of Law (1)
- William & Mary Law School (1)
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Articles 1 - 17 of 17
Full-Text Articles in Civil Rights and Discrimination
Ballots In An Unfamiliar Language And Other Things That Make No Sense: Interpreting How The Voting Rights Act Undermines Constitutional Rights For Voters With Limited English Proficiency, Abigail Hylton
William & Mary Bill of Rights Journal
This Note will argue that the current federal scheme for determining the baseline resources that a state must provide to voters with limited English proficiency is unconstitutional. Specifically, the Voting Rights Act neglects to require adequate translation and interpretation services for many voters with limited English proficiency. Such failure to adequately support this group of citizens throughout the election process effectively excludes them from the democratic process and deprives them of their constitutional right to vote. Whether this group of voters has access to translated materials currently hinges on the language they speak, their nationality, and their geographic location; the …
Ruth Bader Ginsburg, Wise Legal Giant, Thomas A. Schweitzer
Ruth Bader Ginsburg, Wise Legal Giant, Thomas A. Schweitzer
Scholarly Works
No abstract provided.
While The Water Is Stirring: Sojourner Truth As Proto-Agonist In The Fight For (Black) Women’S Rights, Lolita Buckner Inniss
While The Water Is Stirring: Sojourner Truth As Proto-Agonist In The Fight For (Black) Women’S Rights, Lolita Buckner Inniss
Publications
This Essay argues for a greater understanding of Sojourner Truth’s little-discussed role as a proto-agonist (a marginalized, long-suffering forerunner as opposed to a protagonist, a highly celebrated central character) in the process that led up to the passage of the Nineteenth Amendment. Though the Nineteenth Amendment failed to deliver on its promise of suffrage for black women immediately after its enactment, black women were stalwarts in the fight for the Amendment and for women’s rights more broadly, well before the ratification of the Amendment and for many years after its passage. Women’s rights in general, and black women’s rights in …
The Transgender Military Ban: Preservation Of Discrimination Through Transformation, Michele Goodwin, Erwin Chemerinsky
The Transgender Military Ban: Preservation Of Discrimination Through Transformation, Michele Goodwin, Erwin Chemerinsky
Northwestern University Law Review
This Essay contends that the Trump Administration’s ban on transgender individuals serving in the military is based on prejudice and bias, lacking any legitimate justification. As such, the transgender military ban cannot be justified on legal grounds. Nor can it be justified based on health and safety. Engaging a robust empirical record, the authors show that the ban cannot be justified based on matters of efficiency, preparedness, or combat readiness—arguments used by the Trump Administration to justify the ban. Despite transgender individuals serving openly in the military in recent years, the Trump Administration has not been able to offer in …
Korematsu V. United States: A Tragedy Hopefully Never To Be Repeated , Erwin Chemerinsky
Korematsu V. United States: A Tragedy Hopefully Never To Be Repeated , Erwin Chemerinsky
Erwin Chemerinsky
No abstract provided.
Divorce - Pendente Lite Awards - Counsel Fees - Costs - Alimony - Effect Of Equal Rights Amendment; Wiegand V. Wiegand, Joseph M. Donley
Divorce - Pendente Lite Awards - Counsel Fees - Costs - Alimony - Effect Of Equal Rights Amendment; Wiegand V. Wiegand, Joseph M. Donley
Akron Law Review
THE PENNSYLVANIA SUPERIOR COURT, in Wiegand v. Wiegand,struck out at one of the true bastions of sex discrimination incorporated into the Anglo-American legal system. The legislated discrimination of the Pennsylvania Divorce Law was the object of the court's scrutiny. Appellee Sara Wiegand had filed a complaint in divorce a mensa et thora, a petition for alimony, and an initial petition for alimony pendente lite, counsel fees, and expenses. On August 14, 1967, the Court of Common Pleas, Allegheny County, ordered appellant Myron Wiegand to pay $875 per month alimony pendente lite and $250 preliminary counsel fees. Subsequently, appellee filed additional …
Moving From Carolene To The Commerce Clause: A New Approach To Race For The New American Future, Nareissa L. Smith
Moving From Carolene To The Commerce Clause: A New Approach To Race For The New American Future, Nareissa L. Smith
West Virginia Law Review
No abstract provided.
The Conservative-Libertarian Turn In First Amendment Jurisprudence, Steven J. Heyman
The Conservative-Libertarian Turn In First Amendment Jurisprudence, Steven J. Heyman
West Virginia Law Review
No abstract provided.
The New Racial Justice: Moving Beyond The Equal Protection Clause To Achieve Equal Protection, Emily Chiang
The New Racial Justice: Moving Beyond The Equal Protection Clause To Achieve Equal Protection, Emily Chiang
Florida State University Law Review
Since handing down Washington v. Davis and Arlington Heights v. Metropolitan Housing Development, the United States Supreme Court has significantly curtailed the ability of plaintiffs to bring disparate impact claims under the Equal Protection Clause. Many academics continue to talk about the standards governing intent and disparate impact. Some recent scholarship recognizes that reformers on the ground have shifted away from equality-based claims altogether. This Article contends that civil rights advocates replaced the old equal protection framework some time ago and that they did so deliberately and with great success. It expands upon and refines the strategy shift some …
Korematsu V. United States: A Tragedy Hopefully Never To Be Repeated , Erwin Chemerinsky
Korematsu V. United States: A Tragedy Hopefully Never To Be Repeated , Erwin Chemerinsky
Pepperdine Law Review
No abstract provided.
Note: Minnesota’S Proposed Same-Sex Marriage Amendment: A Flamingly Unconstitutional Violation Of Full Faith And Credit, Due Process, And Equal Protection, Jolynn M. Schlichting
Note: Minnesota’S Proposed Same-Sex Marriage Amendment: A Flamingly Unconstitutional Violation Of Full Faith And Credit, Due Process, And Equal Protection, Jolynn M. Schlichting
William Mitchell Law Review
This note examines the constitutionality of Minnesota’s proposed marriage amendment. The note begins with a description of the recent national events leading up to the amendment’s proposal, followed by a discussion of the history of marriage in Minnesota, including passage of the Defense of Marriage Act in May 1997. Next, the note examines the language of Minnesota’s proposed marriage amendment and briefly addresses the process of amending state constitutional provisions. It then analyzes the proposed amendment’s constitutionality under the Full Faith and Credit Clause, the Due Process Clause, and the Equal Protection Clause of the United States Constitution. Finally, the …
Because We Love You, Rosemary B. Quigley
Because We Love You, Rosemary B. Quigley
Michigan Law Review
I remember the impotence I felt on the eve of the Gulf War in January 1991. No one could have known at that moment what a brief conflict it would be. We had every reason to believe that the Middle East would be hurled into turmoil. And if protracted war ensued, a draft would surely follow. I watched my college boyfriend sink into despair, with the help of a Bob Mould CD, at the prospect of being called to give his life for his country. I remained uncharacteristically mute. In the face of this battle, our positions were too unequal …
Legislative Purpose And Equal Protection's Rationality Review, Robert C. Farrell
Legislative Purpose And Equal Protection's Rationality Review, Robert C. Farrell
Villanova Law Review
No abstract provided.
Employment Discrimination, Charles Stephen Ralston, Paul Kamenar, William Bradford Reynolds, Gail Wright-Sirmans
Employment Discrimination, Charles Stephen Ralston, Paul Kamenar, William Bradford Reynolds, Gail Wright-Sirmans
Touro Law Review
No abstract provided.
Constitutional Law - Equal Protection - A Texas Statute Which Withholds State Funds For The Education Of Illegal Alien Children And Permits Local School Districts To Deny Enrollment To Such Children Does Not Further A Substantial State Interest And Therefore Violates The Equal Protection Clause Of The Fourteenth Amendment, Michael P. Gallagher
Villanova Law Review
No abstract provided.
City Of Mobile, Alabama V. Bolden, Lewis F. Powell Jr.
City Of Mobile, Alabama V. Bolden, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
The Emerging Constitutional Principle Of Sexual Equality, Julius G. Getman
The Emerging Constitutional Principle Of Sexual Equality, Julius G. Getman
Articles by Maurer Faculty
No abstract provided.