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Articles 1 - 30 of 114
Full-Text Articles in Civil Rights and Discrimination
Deference And Disability Discrimination, Rebecca H. White
Deference And Disability Discrimination, Rebecca H. White
Scholarly Works
In 1999, the question of deference to the EEOC grabbed the spotlight. It surfaced in a case that arose under the Americans with Disabilities Act of 1990 (the "ADA"), a relatively new, and sweeping, anti-discrimination law that prohibits workplace discrimination against qualified individuals with a disability. A difficult substantive question was presented: Is the determination of whether one has a disability within the meaning of the ADA to be made with or without regard to mitigating measures? Instinctively, either a "yes" or a "no" answer seems problematic. On the one hand, defining disability without regard to the corrective effects of …
The Integration Game, Abraham Bell, Gideon Parchomovsky
The Integration Game, Abraham Bell, Gideon Parchomovsky
All Faculty Scholarship
No abstract provided.
Petition For A Writ Of Certiorari, Chris V. Tenet, No. 00-829 (U.S. Nov 16, 2000), David C. Vladeck
Petition For A Writ Of Certiorari, Chris V. Tenet, No. 00-829 (U.S. Nov 16, 2000), David C. Vladeck
U.S. Supreme Court Briefs
No abstract provided.
Angry White Males: The Equal Protection Clause And "Classes Of One", Timothy Zick
Angry White Males: The Equal Protection Clause And "Classes Of One", Timothy Zick
Faculty Publications
No abstract provided.
Affirmative Actions, William W. Van Alstyne
Affirmative Actions, William W. Van Alstyne
Faculty Publications
Liberals and progressives have been slow to realize that their preferred vocabulary has been hijacked and that when they respond to once hallowed phrases they are responding to a ghost now animated by a new machme. The point is not a small one, for in any debate, especially one fought in the arena of public opinion, the battle is won not by knock-down arguments but by the party that succeeds in placing its own spin on the terms presiding over the discussion.
Reinventing Structural Reform Litigation: Deputizing Private Citizens In The Enforcement Of Civil Rights, Myriam E. Gilles
Reinventing Structural Reform Litigation: Deputizing Private Citizens In The Enforcement Of Civil Rights, Myriam E. Gilles
Faculty Articles
The aim of this Article is to explore the possibility of constructing a model that harnesses the power of private citizens to reform unconstitutional practices, particularly in the critical area of police-related rights violations. I seek here to reintegrate private citizens into the enforcement of public laws; to tap the private experiential and financial resources that were a necessary condition of the great structural reform efforts of the civil rights movement of the 1950s and 1960s.
The vehicle by which I propose to accomplish these ends is a simple, yet novel, amendment to 42 U.S.C. § 14141, the statute which …
Section 4: Civil Rights & Employment Law, Institute Of Bill Of Rights Law, William & Mary Law School
Section 4: Civil Rights & Employment Law, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Rights And Rules: An Overview, Matthew D. Adler, Michael C. Dorf
Rights And Rules: An Overview, Matthew D. Adler, Michael C. Dorf
Cornell Law Faculty Publications
Prior to recent decades, the United States Supreme Court often invoked the political question doctrine to avoid deciding controversial questions of individual rights. By the 1970s and 1980s, standing limits traced to Article III’s case-or-controversy language had replaced the political question doctrine as the favored justiciability device. Although both political question and standing doctrines remain tools in the Court’s arsenal of threshold decision making,3 in the last decade the Court has turned with increasing frequency to the distinction between facial and as-applied challenges to perform the gatekeeping function. However, although there is a considerable body of scholarship concerning the conventional …
The Heterogeneity Of Rights, Michael C. Dorf
The Heterogeneity Of Rights, Michael C. Dorf
Cornell Law Faculty Publications
What is the implication for the validity of governmental rules of the conclusion that the rule interferes with a constitutional right? This question has implications for two important doctrinal puzzles. The first is the question when, if ever, a litigant has a constitutional right to an exemption from a generally valid rule of law. Many constitutional rights are rule-dependent in the sense that they protect actors against certain kinds of governmental rules rather than shielding acts against governmental interference. This Article denies the claim by scholars and judges that this rule-dependence reflects a deep truth about the nature of constitutional …
Flyer: Commemorate The Women's Movement In Jacksonville, Edna Louise Saffy
Flyer: Commemorate The Women's Movement In Jacksonville, Edna Louise Saffy
Saffy Collection - All Textual Materials
Flyer for Women’s Equality Day program Balis Park in San Marco, Jacksonville, Florida August 26, 2000.
Program: A Commemoration Of Women's History Program August 26, 2000, Edna Louise Saffy
Program: A Commemoration Of Women's History Program August 26, 2000, Edna Louise Saffy
Saffy Collection - All Textual Materials
Women's Equality Day Eighty Years of Women's Suffrage Thirty Years of Jacksonville Women's Movement August 26, 2000 9 A.M. Includes program, and Procession of Honor to Mary Nolan’s grave. Program Committee: Karen Danko, Cathy Drompp, Pam Flynn, Sharon Laird, Edna Saffy, Judy Sheklin, Elizabeth Teague and Louise Stanton Warren.
Writings: Program Presented In Balis Park, San Marco, Jacksonville Florida. In Celebration Of Women On August 26, 2000, Edna Louise Saffy
Writings: Program Presented In Balis Park, San Marco, Jacksonville Florida. In Celebration Of Women On August 26, 2000, Edna Louise Saffy
Saffy Collection - All Textual Materials
Speeches: Version of the program delivered on August 26, 2000 by Dr. Edna L. Saffy commemorating Women’s Equality Day, eighty years of woman’s suffrage and thirty years of the Jacksonville Women’s Movement.
Program: Ax Handle Saturday 40th Anniversary, August 26, 2000
Program: Ax Handle Saturday 40th Anniversary, August 26, 2000
Textual material from the Rodney Lawrence Hurst, Sr. Papers
A program for the 40th anniversary of "Ax Handle" Saturday. August 26, 2000 at Hemming Plaza, Historic Snyder Memorial.
Fostering Equity And Diversity In The Nova Scotia Legal Profession, Douglas G. Ruck, Craig M. Garson, Robert G. Mackeigan, Carol A. Aylward, Innis Christie, Cora States, Candy Palmater, Douglas Keefe, Margaret Macdonald, Burnley A. (Rocky) Jones, Heidi Marshall, Heather Mcneill, Kelvin Gilpin, Judith Ferguson
Fostering Equity And Diversity In The Nova Scotia Legal Profession, Douglas G. Ruck, Craig M. Garson, Robert G. Mackeigan, Carol A. Aylward, Innis Christie, Cora States, Candy Palmater, Douglas Keefe, Margaret Macdonald, Burnley A. (Rocky) Jones, Heidi Marshall, Heather Mcneill, Kelvin Gilpin, Judith Ferguson
Innis Christie Collection
The Province of Nova Scotia has, for many years, attempted, through a variety of means, to address issues of diversity and affirmative action. However, despite the lessons of history there are still those who question the need for programs and policies that promote, encourage and enforce equality. Even though significant advances have been made on many fronts Nova Scotia continues to struggle with issues of inequality. As with many problems faced by society acknowledging the existence of the problem is the first step towards developing solutions.
Book Review Of Communists On Campus: Race, Politics, And The Public University In Sixties North Carolina, William W. Van Alstyne
Book Review Of Communists On Campus: Race, Politics, And The Public University In Sixties North Carolina, William W. Van Alstyne
Popular Media
This review finds William Billingsley's work to be a detailed and well-organized account of the North Carolina speaker's ban. The book avoids over-generalization and a lack of focus by honing in on this one particular story and examining it in great detail, rather than trying to provide a broad overview of similar situations across the country.
“Gay Rights” For “Gay Whites”?: Race, Sexual Identity, And Equal Protection Discourse, Darren Lenard Hutchinson
“Gay Rights” For “Gay Whites”?: Race, Sexual Identity, And Equal Protection Discourse, Darren Lenard Hutchinson
UF Law Faculty Publications
While the resolution of the problem of gay and lesbian inequality will ultimately turn on a host of social, legal, political, and ideological variables, this Article argues that the success or failure of efforts to achieve legal equality for gays, lesbians, bisexuals, and transgendered individuals will depend in large part on how scholars and activists in this field address questions of racial identity and racial subjugation. Commonly, these scholars and activists currently discuss race by use of analogies between “racial discrimination” and “sexual orientation discrimination,” or between “people of color” and “gays and lesbians.” On one level, the “comparative approach” …
Holocaust Deniers Can't Be Ignored: History: As Victims And Witnesses Of World War Ii Die Off, Revisionist Views Of The Nazi Horrors Could Gain Broader Acceptance, Kenneth Lasson
All Faculty Scholarship
On trial in an English courtroom, where British historian David Irving has sued American professor Deborah Lipstadt for defamation, is not only the scholars' reputations but history itself. Irving claims that he was libeled by Lipstadt's 1993 book, "Denying the Holocaust: The Growing Assault on Truth and Memory," in which she called him "one of the most dangerous of the `revisionists'" because, "familiar with historical evidence, he bends it until it conforms with his ideological leanings and political agenda." But under British law, the burden of proof in defamation is squarely on the defendant, thus making it necessary for Lipstadt …
The Case Against Private Disparate Impact Suits, Thom Lambert
The Case Against Private Disparate Impact Suits, Thom Lambert
Faculty Publications
This article argues that the Third Circuit, and the courts that have implicitly approved private disparate impact suits, have erred in construing Title VI to permit private plaintiffs to sue federally funded entities for discrimination based on disparate impact alone. From a policy standpoint, permitting private disparate impact suits is a bad idea, for the threat of such suits will lead to deterrence of actions and decisions that have incidental disparate effects but are, on the whole, good.
A. Leon Higginbotham Jr.: Who Will Carry The Baton?, F. Michael Higginbotham, José F. Anderson
A. Leon Higginbotham Jr.: Who Will Carry The Baton?, F. Michael Higginbotham, José F. Anderson
All Faculty Scholarship
It was a rainy November day during Thanksgiving weekend of 1997. The scene was the Washington, D.C., childhood home of Dr. Evelyn Brooks Higginbotham, A. Leon Higginbotham Jr.'s beloved wife. Our assignment was to assist in the removal, packing, and transport of a few prized family heirlooms that were to be taken to their home in Newton, Massachusetts.
On the early morning drive into Washington, D.C., our conversation was mostly idle chit-chat. Little did we know that the circumstances of the day would lead to an amazing set of discussions, the importance of which we could never have imagined at …
Supreme Court's 1998-1999 Term: Fourth Amendment Decisions, Kathryn R. Urbonya
Supreme Court's 1998-1999 Term: Fourth Amendment Decisions, Kathryn R. Urbonya
Faculty Publications
No abstract provided.
The Cash Balance Controversy, Edward A. Zelinsky
The Cash Balance Controversy, Edward A. Zelinsky
Faculty Articles
No abstract provided.
Privacy, Cyberspace, And Democracy: A Case Study, Michael J. Gerhardt
Privacy, Cyberspace, And Democracy: A Case Study, Michael J. Gerhardt
Faculty Publications
No abstract provided.
Black Athletes At The Millenium, Keith Harrison
Interview With Alan M. Lerner, Lake Srinivasan, Alan M. Lerner, Legal Oral History Project, University Of Pennsylvania Carey Law School
Interview With Alan M. Lerner, Lake Srinivasan, Alan M. Lerner, 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.
Alan M. Lerner (L '65) was a practice professor at the University of Pennsylvania Law School from 1993 until his death in 2010. He practiced and taught mainly in the areas of civil rights and family law.
Breaking The Code Of Silence: Rediscovering "Custom" In Section 1983 Municipal Liability, Myriam E. Gilles
Breaking The Code Of Silence: Rediscovering "Custom" In Section 1983 Municipal Liability, Myriam E. Gilles
Faculty Articles
No abstract provided.
The Glass Ceiling In Law Firms: A Form Of Sex-Based Discrimination, Rebecca Korzec
The Glass Ceiling In Law Firms: A Form Of Sex-Based Discrimination, Rebecca Korzec
All Faculty Scholarship
At a certain level, women lawyers collide with a "glass ceiling," an invisible, artificial barrier which prevents women from being promoted to management and leadership positions within a business or firm. The glass ceiling 'represents a subtle form of sex discrimination - unwritten, generally unspoken, but very pervasive.' Its presence is reflected in trends and statistics which consistently reveal women's underrepresentation in executive and management positions.
This article focuses on whether the glass ceiling formed as a result of sex discrimination, blatant or subtle, or whether it formed as a result of women lawyers' differing qualifications or career choices. It …
Book Review Of Getting Around Brown: Desegregation, Development, And The Columbus Public Schools, Davison M. Douglas
Book Review Of Getting Around Brown: Desegregation, Development, And The Columbus Public Schools, Davison M. Douglas
Popular Media
No abstract provided.
Indirect Constitutional Discourse: A Comment On Meese, Robert F. Nagel
Indirect Constitutional Discourse: A Comment On Meese, Robert F. Nagel
Publications
No abstract provided.
Science Fact Or Science Fiction? The Implications Of Court-Ordered Genetic Testing Under Rule 35, Anthony S. Niedwiecki
Science Fact Or Science Fiction? The Implications Of Court-Ordered Genetic Testing Under Rule 35, Anthony S. Niedwiecki
Publications
This article proposes an analysis for courts to follow when faced with a Rule 35 motion to compel a party to undergo genetic testing or any other procedure that tests for a specific medical condition.
Part I explains the analysis courts generally conduct for a Rule 35 motion. Generally, courts make a factual inquiry into whether there is a need for the procedure and whether the examinee has placed his or her physical or mental condition in controversy. Rarely have courts examined the risks associated with ordering an examination. When courts do examine the risks, they continue to show a …
Colorism: A Darker Shade Of Pale, Taunya Lovell Banks
Colorism: A Darker Shade Of Pale, Taunya Lovell Banks
Faculty Scholarship
In this article, Professor Banks argues that colorism, skin tone discrimination against dark-skinned but not light-skinned blacks, constitutes a form of race-based discrimination. Skin tone discrimination coexists with more traditional forms of race discrimination that impact all blacks without regard to skin tone and phenotype, yet courts seem unwilling to recognize this point. Professor Banks uses employment discrimination cases to illustrate some courts' willingness to acknowledge subtler forms of race-based discrimination, like skin tone discrimination, for white ethnic and Latina/o plaintiffs, but not for black plaintiffs. The inability of courts to fashion coherent approaches to colorism claims involving black claimants …