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Articles 31 - 52 of 52
Full-Text Articles in Civil Rights and Discrimination
Without Fear Or Favor: Judge James Edwin Horton And The Trial Of The Scottsboro Boys, Douglas O. Linder
Without Fear Or Favor: Judge James Edwin Horton And The Trial Of The Scottsboro Boys, Douglas O. Linder
Faculty Works
No abstract provided.
A Different Kind Of Sameness: Beyond Formal Equality And Antisubordination Strategies In Gay Legal Theory, Nancy Levit
A Different Kind Of Sameness: Beyond Formal Equality And Antisubordination Strategies In Gay Legal Theory, Nancy Levit
Faculty Works
Gay legal theory is at a crossroads reminiscent of the sameness/difference debate in feminist circles and the integrationist debate in critical race theory. Formal equality theorists take the heterosexual model as the norm and then seek to show that gays, lesbians, bisexuals, and transsexuals - except for their choice of partners - are just like heterosexuals. Antisubordination theorists attack the heterosexual model itself and seek to show that a society that insists on such a model is unjust. Neither of these strategies is wholly satisfactory. The formal equality model will fail to bring about fundamental reforms as long as sexual …
Racism In White Decision, Sean O'Brien
Separating Equals: Educational Research And The Long-Term Consequences Of Sex Segregation, Nancy Levit
Separating Equals: Educational Research And The Long-Term Consequences Of Sex Segregation, Nancy Levit
Faculty Works
The article imports into the legal literature for the first time the full range of single sex education research, from this country and others, and examines sociological research that has been omitted from the debate. Rarely do proponents consider what educational and social effects sex-exclusive schooling will have on boys. Rarer still is any consideration of the effect of educational segregation in a society that is already relentlessly segregated by sex.
While the educational research regarding the efficacy of single sex schools is mixed at best, the sociological research is absolutely clear that separation on the basis of identity characteristics …
A Kansas Approach To Custodial Parent Move-Away Cases, Steve Leben, Megan Moriarty
A Kansas Approach To Custodial Parent Move-Away Cases, Steve Leben, Megan Moriarty
Faculty Works
No abstract provided.
Juror Empathy And Race, Douglas O. Linder
Indian Reservations And The Preservation Of Tribal Culture: Beyond Wardship To Stewardship, John W. Ragsdale Jr
Indian Reservations And The Preservation Of Tribal Culture: Beyond Wardship To Stewardship, John W. Ragsdale Jr
Faculty Works
No abstract provided.
Retreat From The Melting Pot: Cultural Pluralism And Public Policy, Douglas O. Linder
Retreat From The Melting Pot: Cultural Pluralism And Public Policy, Douglas O. Linder
Faculty Works
No abstract provided.
Review Of Affirmative Action After Metro Broadcasting V. Fcc: The Solution Almost Nobody Wanted, Douglas O. Linder
Review Of Affirmative Action After Metro Broadcasting V. Fcc: The Solution Almost Nobody Wanted, Douglas O. Linder
Faculty Works
No abstract provided.
The Natural Law Of Rhythm And Equality, John W. Ragsdale Jr
The Natural Law Of Rhythm And Equality, John W. Ragsdale Jr
Faculty Works
The quest for natural law can easily seem futile to the secularist, and the legal terrain beyond human institutions has often been abandoned to the theologians and the supernaturalists. Most contemporary legal philosophers tend to focus on law as process, on legal positivism and legal realism, on the relativity of values or on the legal masking of class, race or gender interests. This piece will not do direct battle with these philosophies, all of which may have internal integrity and legitimacy within their chosen spheres. Instead, this piece will reexplore the possibility and propriety of linking the reality of law …
The Movement To Assimilate The American Indians: Jurisprudential Study, John W. Ragsdale Jr
The Movement To Assimilate The American Indians: Jurisprudential Study, John W. Ragsdale Jr
Faculty Works
In 1934, the United States made a revolutionary shift in Indian policy. Laws were passed that ended most assimilation measures and began, instead, a preservation and promotion of tribalism. Why did this happen? What changes in American thought, politics and economy could precipitate such a reversal? Felix Cohen, a former special assistant to the Attorney General, and known as the "Blackstone of American Indian Law," noted: "Like the miner's canary, the Indian marks the shifts from fresh air to poison gas in our political atmosphere; and our treatment of Indians, even more than our treatment of other minorities, reflects the …
Preemption Of Section 1983 By Title Vii: An Unwarranted Deprivation Of Remedies, Nancy Levit
Preemption Of Section 1983 By Title Vii: An Unwarranted Deprivation Of Remedies, Nancy Levit
Faculty Works
No abstract provided.
The Proposed Amendment To Federal Rule Of Civil Procedure 68: Toughening The Sanctions, Julie M. Cheslik
The Proposed Amendment To Federal Rule Of Civil Procedure 68: Toughening The Sanctions, Julie M. Cheslik
Faculty Works
No abstract provided.
The Future Of Comparable Worth Theory, Nancy Levit, Joan Mahoney
The Future Of Comparable Worth Theory, Nancy Levit, Joan Mahoney
Faculty Works
Despite statutes intended to remedy wage disparities between men and women, the average woman working full-time earns only sixty percent as much as her male counterpart. While a portion of the earnings differential is attributable to "pure" or intentional discrimination, approximately eighty-two percent of the difference is due to occupational segregation. As commonly understood, occupational segregation refers to the situation in which women work at jobs that historically have been held by women and that are less remunerative than jobs usually held by men.
Only recently has the distinction between intentional discrimination and discrimination resulting from occupational segregation commanded much …
Freedom Of Association After Roberts V. United States Jaycees, Douglas O. Linder
Freedom Of Association After Roberts V. United States Jaycees, Douglas O. Linder
Faculty Works
No abstract provided.
Supplementing The Functional Test Of Prosecutorial Immunity, Anthony J. Luppino
Supplementing The Functional Test Of Prosecutorial Immunity, Anthony J. Luppino
Faculty Works
No abstract provided.
Redlining Revisited: Neighborhood Development Bank As Proposed Solution, Edwin T. Hood, Cynthia M. Weed
Redlining Revisited: Neighborhood Development Bank As Proposed Solution, Edwin T. Hood, Cynthia M. Weed
Faculty Works
Urban decline and its impact upon American society have been national concerns for nearly three decades. Although the causes of urban decline are numerous and diverse, a key factor is the in adequacy of the financial resources available to resolve the massive problems associated with urban decay. In the residential mortgage market, funds for home mortgage loans and home repair loans in declining neighborhoods are conspicuously absent. As a result, urban decline accelerates, and any realistic hopes for the revitalization of urban neighborhoods are eliminated.
During the 1970s, national attention has focused on redlining - the term used to describe …
Equal Protection And Criminal Sentencing: Legal And Policy Considerations, Mark Berger
Equal Protection And Criminal Sentencing: Legal And Policy Considerations, Mark Berger
Faculty Works
No abstract provided.
Redlining Practices, Racial Resegregation, And Urban Decay: Neighborhood Housing Services As Viable Alternative, Marcia Duncan, Edwin T. Hood, James L. Neet
Redlining Practices, Racial Resegregation, And Urban Decay: Neighborhood Housing Services As Viable Alternative, Marcia Duncan, Edwin T. Hood, James L. Neet
Faculty Works
No abstract provided.
Bail In Missouri Revisited, Mark Berger
Bail In Missouri Revisited, Mark Berger
Faculty Works
During the early part of the 1960's, interest in the civil rights movement generated concern over the inequities of bail administration. In the latter part of the decade the same problems were revealed in major studies of the nation's criminal justice system. Contributions to the legal literature in this period, encompassing statistical and evaluative studies as well as academic analysis, helped to focus further attention on bail. Moreover, a major effort was undertaken by the United States Department of Justice to promote the sharing of bail program information and ideas. There are signs, however, that some of the earlier interest …
Constitutional Approaches To Metropolitan Planning, John W. Ragsdale Jr
Constitutional Approaches To Metropolitan Planning, John W. Ragsdale Jr
Faculty Works
No abstract provided.
Strategies For Metropolitan Stabilization, John W. Ragsdale Jr, Thomas Clark
Strategies For Metropolitan Stabilization, John W. Ragsdale Jr, Thomas Clark
Faculty Works
No abstract provided.