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Civil Rights and Discrimination Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Discipline
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- Civil Law (4)
- Constitutional Law (3)
- Law and Race (3)
- Human Rights Law (2)
- Jurisprudence (2)
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- Law and Gender (2)
- Litigation (2)
- Social Welfare Law (2)
- Supreme Court of the United States (2)
- Torts (2)
- Administrative Law (1)
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- Criminal Law (1)
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- Education Law (1)
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- First Amendment (1)
- Fourteenth Amendment (1)
- Health Law and Policy (1)
- Juvenile Law (1)
- Labor and Employment Law (1)
- Law Enforcement and Corrections (1)
- Law and Society (1)
- Legal Remedies (1)
- Privacy Law (1)
- Public Law and Legal Theory (1)
- Religion Law (1)
- Keyword
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- 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)
- Education Access; Childcare Access; Black Labor; Elementary and Secondary Education Act of 1965; Comprehensive Childhood Development Act; Title I; ESEA; Maternal Leave; Parental leave; Family and Medical Leave Act; San Antonio Independent School District v. Rodriguez; CCDBG; NCLB; ARP; Motherhood; NIEER; Interest Convergence Theory; IDEA; FAPE; Universal Pre-K; P-12 Education; Teach For America; International Education Models (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)
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- Justin Jones; Justin J. Pearson; Tennessee House of Representatives; Expulsion; Anti-Blackness; Original Thirty-Three; Voting Rights Act; Baker v. Carr; Black Representation; Party Realignment; Tennessee State Legislature; Procedural Rules; Tennessee General Assembly; Tennessee Constitution; Cameron Sexton; Martha Nussbaum; Disgust; Pluralistic Democracy (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)
- Privacy; right to privacy; civil rights; bodily autonomy; personal autonomy; abortion; reproductive justice; vaccine mandates; LGBTQ+; fundamental rights; constitutional law; Dobbs v. Jackson Women’s Health Organization; Roe v. Wade; Griswold v. Connecticut; Jacobsen v. Commonwealth of Massachusetts; compelling government interest; (1)
- Publication
Articles 1 - 7 of 7
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 …
The Use Of Procedural Rules To Silence Minority Party Dissent In The Tennessee State Legislature And Its Racially Discriminatory Roots, Rosie Fatt
Journal of Law and Policy
The expulsion of two young Black legislators, Justin Jones and Justin J. Pearson, from the Tennessee General Assembly in April 2023 was not an aberration. This Note argues that the expulsions follow a historical pattern of systematic marginalization of Black representative power in the South. This Note connects the history of minority exclusion in state legislatures, beginning with Black legislators barred from taking their elected seats in the Georgia House, through to the present day. Specifically, it focuses on the use of procedural rules, particularly expulsions, as tools to limit the speech and representative power of Black legislators. It discusses …
The Right To Preschool: Once A Wartime Necessity, Now A Fundamental Step Towards Educational Equity, Alex Raskin
The Right To Preschool: Once A Wartime Necessity, Now A Fundamental Step Towards Educational Equity, Alex Raskin
Journal of Law and Policy
The most vital time for cognitive development is the first five years of a child’s life, impacting everything from language skills to social and emotional abilities. This makes access to high-quality universal preschool a necessity, as increasingly more families are without stable childcare in America. Preschool tuition now averages $10,000 annually and without paid parental leave, millions of children are left without formal learning or adequate supervision before kindergarten. This disproportionately impacts Black and brown students and students with disabilities, while continuing cycles of poverty and the gender wage gap. The only time the U.S. government provided high-quality universal preschool …
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 …
My Body, Whose Choice? A Case For A Fundamental Right To Bodily Autonomy, Miri Trauner
My Body, Whose Choice? A Case For A Fundamental Right To Bodily Autonomy, Miri Trauner
Brooklyn Law Review
In 2022, the US Supreme Court decided Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade and the fundamental right to abortion it had established nearly fifty years prior. The Court’s decision threw into uncertainty the future of not only reproductive rights in this country, but also many other individual rights. At the same time as the decision, the world was still reeling from a global pandemic, and the development of COVID-19 vaccines had spurred widespread controversy over the constitutionality of vaccine mandates. Both advocates for abortion access and opponents to vaccine mandates shared a common cry: “my …