Open Access. Powered by Scholars. Published by Universities.®
Civil Rights and Discrimination Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- Americans with Disabilities Act (ADA) (1)
- Civil rights (1)
- Civil unions (1)
- Connecticut Law Review (1)
- Democracy (1)
-
- Desexualization (1)
- Different-sex couples (1)
- Domestic relations (1)
- Due process (1)
- Duke Forum for Law & Social Change (1)
- Duke Forum for Law and Social Change (1)
- Equal protection (1)
- Harvard Law Review (1)
- Heterogamy (1)
- History and tradition (1)
- Homogamy (1)
- Incrementalism (1)
- Interracial relationship (1)
- Intimate discrimination (1)
- Intimate domain (1)
- Notre Dame Law Review (1)
- Parents Involved (1)
- Political process (1)
- Political systems and government (1)
- Racial equity (1)
- Racial inequity (1)
- Racial integration (1)
- Relationship recognition regime (1)
- Residential segregation (1)
- Same-sex couples (1)
Articles 1 - 4 of 4
Full-Text Articles in Civil Rights and Discrimination
Intimate Discrimination: The State's Role In The Accidents Of Sex And Love, Elizabeth F. Emens
Intimate Discrimination: The State's Role In The Accidents Of Sex And Love, Elizabeth F. Emens
Faculty Scholarship
This is a challenging moment for the law of discrimination. The state's role in discrimination has largely shifted from requiring discrimination – through official policies such as segregation – to prohibiting discrimination – through federal laws covering areas such as employment, housing, education, and public accommodations. Yet the problem of discrimination persists, often in forms that are hard to regulate or even to recognize.
At this challenging moment, the intimate domain presents a vital terrain for study in two main ways. First, conceptually, studying the intimate domain permits new insights into discrimination and the law's identity categories, because people are …
Abolishing The Time Tax On Voting, Elora Mukherjee
Abolishing The Time Tax On Voting, Elora Mukherjee
Faculty Scholarship
A “time tax” is a government policy or practice that forces one citizen to pay more in time to vote compared with her fellow citizens. While few have noticed the scope of the problem, data indicate that, due primarily to long lines, hundreds of thousands if not millions of voters are routinely unable to vote in national elections as a result of the time tax, and that the problem disproportionately affects minority voters and voters in the South. This Article documents the problem and offers a roadmap for legal and political strategies for solving it. The Article uses as a …
Integration, Reconstructed, Olatunde C.A. Johnson
Integration, Reconstructed, Olatunde C.A. Johnson
Faculty Scholarship
This article examines Parents Involved for the light it sheds on integration's continuing relevance to educational and social equity. Part I examines the story of school integration in Jefferson County and shows how this largely successful metropolitan integration plan challenges claims of racial integration's futility. Part II puts forward the empirical evidence that plaintiffs in Parents Involved used in seeking to establish that school boards have a compelling interest in promoting racial integration and avoiding the harm of racially isolated schools. This part argues that the empirical case for racial integration, while not without limitations, moves beyond stigmatization, psychological harm, …
Marriage As Monopoly: History, Tradition, Incrementalism, And The Marriage/Civil Union Distinction, Suzanne B. Goldberg
Marriage As Monopoly: History, Tradition, Incrementalism, And The Marriage/Civil Union Distinction, Suzanne B. Goldberg
Faculty Scholarship
History and tradition have taken a prominent place as favored rationales for the exclusion of same-sex couples from marriage. Incrementalism likewise has been invoked to suggest that states can permissibly move “one step at a time” to redress the unequal status of same-sex couples, including by creating a civil union/marriage regime instead of providing marriage for all. Yet constitutional jurisprudence is clear that neither longevity nor tradition alone can justify the continuation of a discriminatory rule. This Article asks, then, what work these rationales perform in the marriage/civil union jurisprudence and debate, given their inadequacy from a doctrinal standpoint.
The …