Civil Rights and Discrimination Commons^™

Racism In White Decision, Sean O'Brien

Faculty Works

No abstract provided.

Interview With Gilbert F. Casellas, Lake Srinivasan, Gilbert F. Casellas, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

For transcript, click the Download button above. For video index, click the link below.

Gilbert F. Casellas (L '77) is a lawyer and businessman. He is Chairman of OMNITRU, a Washington, D.C. area investment and consulting firm, a director of Prudential Financial, trustee of the University of Pennsylvania, and advisor to Toyota Motor North America and Comcast Corporation. He is a member of the Council on Foreign Relations and the American Law Institute. From 1994 to 1998 he served as chair of the Equal Employment Opportunity Commission.

Advancing Tolerance And Equality Using State Constitutions: Are The Boy Scouts Prepared?, Rachel A. Van Cleave

Publications

The traditional United States Supreme Court analysis for determining whether a group may exclude people from membership on the basis of sexual orientation involves a series of either/or choices. For example, in the context of the exclusion of homosexuals by the Boy Scouts of America, one issue is whether the Boy Scouts is a "public accommodation.' Another issue is whether homosexuals constitute a protected class. This Article argues that independent state constitutional analysis of this issue provides an opportunity to avoid the narrowing effects of the traditional dichotomies, and that courts should directly consider the interests of the parties. In …

Beyond The Rhetoric Of “Dirty Laundry”: Examining The Value Of Internal Criticism Within Progressive Social Movements And Oppressed Communities, Darren Lenard Hutchinson

UF Law Faculty Publications

Several historical reasons explain opposition to the airing of internal criticism by scholars and activists within progressive social movements and by members of subordinate communities. Opponents often contend that such criticism might reinforce negative stereotypes of subordinate individuals and that reactionary movements and activists might appropriate and misuse negative portrayals of the oppressed. A related fear holds that internal criticism will dismantle political unity within oppressed communities and progressive social movements, thereby forestalling social change. While these concerns provide some context for understanding the resistance to internal criticism within progressive social movements, I argue in this essay that they do …

Sharing Space: Why Racial Goodwill Isn't Enough, Sharon E. Rush

UF Law Faculty Publications

Racism is understood by most White people to be an attitude of prejudice toward Blacks. In contrast, Blacks define racism more inclusively; it is a system of institutional preferences for Whites, resulting from historically ingrained prejudices Whites have against Blacks. People of goodwill are disinclined to attribute racial connotations to ordinary, everyday negative interactions involving Whites and people of color as long as the Whites are people of goodwill (people who do not think they have prejudiced attitudes). Second, goodwill comfort is important to maintain, causing many Whites to shy away from any discussions about race. People of goodwill have …

Section 6: Civil Rights, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

If Wall Street Is A Dead End, Do Women Fight Or Leave?, The New York Times

Ann B. Hopkins Papers

No abstract provided.

Fourth Amendment Issues In Section 1983 Litigation, Kathryn R. Urbonya

Faculty Publications

No abstract provided.

Insane Fear: The Discriminatory Category Of "Mentally Ill And Dangerous", Sherry F. Colb

Cornell Law Faculty Publications

This article considers the constitutional and moral implications of the distinction the law draws between different classes of dangerous people, depending upon their status as mentally ill or mentally well. Those who are mentally well benefit from the right to freedom from incarceration unless and until they commit a crime. By contrast, dangerous people who are mentally ill are subject to potentially indefinite "civil" preemptive confinement.

In a relatively recent case, Kansas v. Hendricks, the United States Supreme Court upheld the post-prison civil confinement of Leroy Hendricks, a man who had served prison time after pleading guilty to child molestation. …

Familiar Connections: A Personal Re/View Of Latino/A Identity, Gender And Class Issues In The Context Of The Labor Dispute Between Sprint And La Conexion Familiar, Roberto L. Corrada

Sturm College of Law: Faculty Scholarship

I was asked to be an expert witness for Sprint Corporation in December 1995. I found out that the hearing was being held by the U.S. National Administrative Office because a Mexican labor union had filed a complaint pursuant to the NAFTA labor side accord. I prepared my testimony, I attended the hearing in San Francisco and testified. I began to realize the gravity of my mistake, however, when I sat down and listened to the testimony of the person who spoke after me. Her name was Dora Vogel. She was one of the Latinas who had been employed at …

Supreme Court To Rule On Student Fees Case, Arthur S. Leonard

Center for LGBTQ Studies (CLAGS)

The U.S. Supreme Court announced March 29 that it will intervene in the "culture wars" raging in academia by considering whether public university students have a constitutional right to block use of their student activity fees by student organizations of which they disapprove. Lesbian and gay studies programs, such as CLAGS, are at the heart of these culture wars, as right-wing groups raise public controversies about the discussion of sexuality in the academy and question the very legitimacy of lesbian and gay studies as an academic discipline.

"Driving While Black": Corollary Phenomena And Collateral Consequences, Katheryn Russell-Brown

UF Law Faculty Publications

In the public arena, issues of race continue to command center stage. The ongoing debates and discussions have raised new questions, while not necessarily answering the old ones. Specifically, the recent dialogues have focused on the role that Blackness plays in today's society. Some assign Blackness a primary role, others believe it is secondary. Still others dismiss it as tertiary. These varied positions, ranging from "race has nothing to do with this" to "race has everything to do with this" have in some ways canceled out any meaningful discussion of racial issues. Each of the racial camps has been allowed …

Panel Remarks Civil Rights Division Association Symposium: The Civil Rights Division At Forty, Michael A. Middleton

Faculty Publications

Welcome to all of you to the second of our Symposia. This is the fortieth year of the Civil Rights Division. Our focus this morning will be the Division's past and where it should be going in the future.

There's Nothing Special About Sex: The Supreme Court Mainstreams Sexual Harassment, Rebecca White

Scholarly Works

In this Essay, Professor White argues that the Supreme Court finally has merged analysis of sexual harassment law with other claims of intentional discrimination. Professor White contends that the Court's decision in Meritor Savings Bank, FSB v. Vinson created confusion over the proper analysis of sexual harassment claims by seemingly embracing quid pro quo and hostile work environment theories as distinct forms of discrimination and by suggesting that at least some sexual harassment claims may warrant a revised approach to employer liability. In the wake of Meritor, sexual harassment claims increasingly were evaluated differently from other claims of disparate treatment, …

Why Constitutional Torts Deserve A Book Of Their Own, Michael Wells, Thomas A. Eaton, Sheldon H. Nahmod

Scholarly Works

Over thirty years ago, Marshall Shapo coined the term "constitutional tort" to denote a suit brought against an official, charging a constitutional violation and seeking damages. In the years since Shapo's pathbreaking article, the number of such suits has grown exponentially. The suits have generated a host of new substantive and remedial issues, yet conventional casebooks on constitutional law and federal courts give little attention to the area. That Professor Shapiro had four books to include in his review of "Civil Rights" casebooks in the Seattle University Law Review is some indication of a demand for teaching materials currently unmet …

Institutional Analysis Of Municipal Liability Under Section 1983, Michael J. Gerhardt

Faculty Publications

No abstract provided.

Reconstructive Tasks For A Liberal Feminist Conception Of Privacy, Linda C. Mcclain

Faculty Scholarship

If liberal conceptions of privacy survive appropriately vigorous feminist critique and re-emerge in beneficially reconstructed forms, then why haven't more feminists gotten the message and embraced, rather than spurned, such privacy? If liberal privacy survives feminist critique, does it face an even more serious threat if contemporary society has both diminishing expectations of and taste for privacy? Does the transformation of the very notion of "private life," due in part to the rise of such new technologies as the Internet and its seemingly endless possibilities for making oneself accessible to others and gaining access to others, suggest the need for …

Oppression, Lies, And The Dream Of Autonomy, Judy Scales-Trent

Journal Articles

No abstract provided.

Drum Majors For Justice, F. Michael Higginbotham, José F. Anderson

All Faculty Scholarship

Many lawyers worked with the legendary Thurgood Marshall to overturn the Supreme Court's infamous separate but equal doctrine, which had permitted racial segregation in schools and public accommodations. But while most Marylanders are aware of Marshall's contribution, few recognize the name of his colleague, William I. Gosnell.

At that time, Gosnell was one of only 32 black lawyers in the state of Maryland. In fact, due to the state's racial segregation policy, both he and Marshall had received scholarships to attend out- of-state law schools. They were denied entry to the University of Maryland because of their skin color. While …

The Interplay Of Race And False Claims Of Jury Nullification, Nancy S. Marder

All Faculty Scholarship

No abstract provided.

Employer Liability For Harassment Under Title Vii: A Functional Rationale For Faragher And Ellerth, Michael C. Harper

Faculty Scholarship

In two decisions concerning sexual harassment, Faragher v. City of Boca Raton' and Burlington Industries, Inc. v. Ellerth,² the Supreme Court, on the last day of its 1997-1998 term finally articulated coherent vicarious liability rules critical for bounding the scope of the discrimination prohibitions in Title VII of the Civil Rights Act of 1964.³ The Court did so by explaining the meaning of the inclusion of "any agent" in Title VII's definition of "employer.'" The meaning of "agent" in this definition is critical for establishing employer liability because almost all Title VII-protected employees work for corporations and other …

The Virginia Human Rights Act: Court's Decision Could Hurt Victims Of Job Discrimination, Susan Grover

Popular Media

No abstract provided.

Introduction To Civil Rights Symposium , Brian K. Landsberg

McGeorge School of Law Scholarly Articles

No abstract provided.

Minority Preferences Reconsidered, Terrance Sandalow

Reviews

During the academic year 1965-66, at the height of the civil rights movement, the University of Michigan Law School faculty looked around and saw not a single African-American student. The absence of any black students was not, it should hardly need saying, attributable to a policy of purposeful exclusion. A black student graduated from the Law School as early as 1870, and in the intervening years a continuous flow of African-American students, though not a large number, had been admitted and graduated. Some went on to distinguished careers in the law.

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 …

Bcgseu: Turning A Page In Canadian Human Rights Law, Dianne Pothier

Dianne Pothier Collection

The Supreme Court of Canada's decision in British Columbia Government and Service Employees' Union (BCGSEU) v. British Columbia (Public Service Employee Relations Commission)' starts like a classic Lord Denning judgment. Within the first few lines, without even knowing what the legal issue really is, you know who is going to win because of how that person is presented. Justice McLachlin's judgment, speaking for a unanimous nine-person Court, begins by noting that the grievor, Tawney Meiorin, "did her work well" but nonetheless "lost her job."' It was that dissonance that made the facts of the case compelling for reinstatement. But what …

Redressing The Imbalances: Rethinking The Judicial Role After R. V R.D.S., Dianne Pothier, Richard Devlin

Dianne Pothier Collection

The Decision of the Supreme Court of Canada in R. v. R.D.S. dealt with whether a trial judge's comments, about interactions between police officers and "non-white groups", gave rise to a reasonable apprehension of bias in the circumstances. They strongly criticize the contrary ruling of the dissent as inappropriately drawing a false dichotomy between decisions based on evidence and decisions based on generalizations, and as improperly ignoring social context with an unwarranted confidence in the ideology of colour blindness. While more supportive of the majority's analysis, the authors also find cause for concern, with somewhat different emphasis in the nature …

Arbitration And The Civil Rights Act Of 1991, 67 U. Cin. L. Rev. 445 (1999), Karen H. Cross

UIC Law Open Access Faculty Scholarship

No abstract provided.

Some Thoughts On The Conduct/Status Distinction, Sherry F. Colb

Cornell Law Faculty Publications

No abstract provided.

Compulsory Arbitration Of Discrimination Claims And The Civil Rights Act Of 1991: Encouraged Or Proscribed?, Mark Adams

Articles

No abstract provided.