Open Access. Powered by Scholars. Published by Universities.®
Civil Rights and Discrimination Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (1560)
- Law and Race (1167)
- Human Rights Law (996)
- Law and Society (946)
- Law and Gender (873)
-
- Labor and Employment Law (867)
- Criminal Law (702)
- Legislation (598)
- Criminal Procedure (591)
- Education Law (580)
- Fourteenth Amendment (562)
- Supreme Court of the United States (497)
- Courts (461)
- State and Local Government Law (455)
- Sexuality and the Law (411)
- Legal History (387)
- Law and Politics (338)
- Health Law and Policy (333)
- Social Welfare Law (333)
- Disability Law (329)
- First Amendment (327)
- Environmental Law (322)
- Law Enforcement and Corrections (316)
- Jurisprudence (306)
- Family Law (294)
- Immigration Law (280)
- Legal Remedies (275)
- Election Law (273)
- Institution
-
- University of Michigan Law School (829)
- Washington and Lee University School of Law (521)
- Seattle University School of Law (304)
- William & Mary Law School (283)
- Touro University Jacob D. Fuchsberg Law Center (273)
-
- American University Washington College of Law (272)
- Loyola University Chicago, School of Law (251)
- Villanova University Charles Widger School of Law (211)
- Maurer School of Law: Indiana University (192)
- Vanderbilt University Law School (184)
- Brigham Young University Law School (171)
- Fordham Law School (166)
- University of Miami Law School (162)
- Pepperdine University (155)
- UIC School of Law (133)
- West Virginia University (115)
- Cleveland State University (109)
- University of Arkansas at Little Rock William H. Bowen School of Law (96)
- University of Richmond (96)
- DePaul University (94)
- North Carolina Central University School of Law (94)
- Northwestern Pritzker School of Law (91)
- University of Maryland Francis King Carey School of Law (88)
- St. John's University School of Law (87)
- The University of Akron (87)
- St. Mary's University (86)
- Mercer University School of Law (83)
- University of Georgia School of Law (80)
- University at Buffalo School of Law (78)
- Brooklyn Law School (76)
- Keyword
-
- Discrimination (658)
- Civil rights (422)
- Civil Rights (277)
- Title VII (262)
- Racism (230)
-
- Race (223)
- Race and law (221)
- Supreme Court (172)
- Women (153)
- Employment discrimination (148)
- Minorities (147)
- United States Supreme Court (145)
- Sex discrimination (144)
- Civil Rights Act of 1964 (143)
- Equality (143)
- Equal protection (140)
- Affirmative action (134)
- Racial discrimination (123)
- Segregation (122)
- Gender and law (120)
- Constitution (104)
- Constitutional law (104)
- African Americans (103)
- Constitutional Law (99)
- Due process (99)
- Brown v. Board of Education (94)
- First Amendment (92)
- Slavery (92)
- Gender (89)
- Civil Rights Act (88)
- Publication Year
- Publication
-
- Michigan Law Review (443)
- Washington and Lee Journal of Civil Rights and Social Justice (338)
- Public Interest Law Reporter (218)
- Seattle University Law Review (212)
- Touro Law Review (204)
-
- Villanova Law Review (183)
- Washington and Lee Law Review (169)
- American University Journal of Gender, Social Policy & the Law (164)
- Indiana Law Journal (154)
- Vanderbilt Law Review (154)
- William & Mary Law Review (146)
- University of Michigan Journal of Law Reform (143)
- Michigan Journal of Race and Law (131)
- UIC Law Review (130)
- West Virginia Law Review (115)
- Pepperdine Law Review (113)
- BYU Law Review (102)
- Cleveland State Law Review (91)
- DePaul Journal for Social Justice (91)
- North Carolina Central Law Review (91)
- Fordham Law Review (89)
- Akron Law Review (83)
- Mercer Law Review (83)
- University of Arkansas at Little Rock Law Review (83)
- University of Richmond Law Review (79)
- William & Mary Journal of Race, Gender, and Social Justice (78)
- University of Miami Race & Social Justice Law Review (76)
- Washington Law Review (72)
- Journal of Race, Gender, and Ethnicity (69)
- NYLS Law Review (69)
- File Type
Articles 1 - 30 of 6934
Full-Text Articles in Civil Rights and Discrimination
Gender Pay Equity: An Analysis Of The United States Women’S National Team Soccer Settlement, Joni Hersch, Delaney M. Beck
Gender Pay Equity: An Analysis Of The United States Women’S National Team Soccer Settlement, Joni Hersch, Delaney M. Beck
Utah Law Review
Even though the United States Women’s National Team (“WNT”) has been far more successful than the United States Men’s National Team (“MNT”), the team members have experienced unequal treatment from the United States Soccer Federation (“USSF”) since its inception. In March 2019, members of the WNT filed suit against USSF, alleging that it had violated the Equal Pay Act (“EPA”) and Title VII of the Civil Rights Act of 1964. The complaint alleged that USSF had a policy of discriminating against the WNT due to their players’ gender by paying them less than the MNT and providing them with lesser …
Racial Targets, Atinuke O. Adediran
Racial Targets, Atinuke O. Adediran
Northwestern University Law Review
It is common scholarly and popular wisdom that racial quotas are illegal. However, the reality is that since 2020’s racial reckoning, many of the largest companies have been touting specific, albeit voluntary, goals to hire or promote people of color, which this Article refers to as “racial targets.” The Article addresses this phenomenon and shows that companies can defend racial targets as distinct from racial quotas, which involve a rigid number or proportion of opportunities reserved exclusively for minority groups. The political implications of the legal defensibility of racial targets are significant in this moment in American history, where race …
Preliminary Injunctions Prevail Through The Winter Of Buckhannon, Kaitlan Donahue
Preliminary Injunctions Prevail Through The Winter Of Buckhannon, Kaitlan Donahue
Northwestern University Law Review
The Civil Rights Attorney’s Fees Awards Act of 1976 allows courts to award attorneys’ fees to the “prevailing party” in any “action or proceeding” enforcing several civil rights-related statutes. Yet, this statute fails to define the term “prevailing party,” leaving the courts to define it over time. The Supreme Court’s piecemeal, vague definitions of “prevailing party” have only complicated the legal landscape and caused more uncertainty for potential plaintiffs and their prospective attorneys. Without the relief offered by recovery of attorneys’ fees, private litigants may be dissuaded from pursuing meritorious litigation due to overwhelming costs of representation, and attorneys may …
Toward Accessing Hiv-Preventative Medication In Prisons, Scott Shimizu
Toward Accessing Hiv-Preventative Medication In Prisons, Scott Shimizu
Northwestern University Law Review
The Eighth Amendment is meant to protect incarcerated individuals against harm from the state, including state inaction in the face of a known risk of harm. While the Eighth Amendment’s protection prohibits certain prison disciplinary measures and conditions of confinement, the constitutional ambit should arguably encompass protection from the serious risk of harm of sexual assault, as well as a corollary to sexual violence: the likelihood of contracting a deadly sexually transmitted infection like HIV. Yet Eighth Amendment scholars frequently question the degree to which the constitutional provision actually protects incarcerated individuals.
This Note draws on previous scholarship on cruel …
Shots Fired, Shots Refused: Scientific, Ethical & Legal Challenges Surrounding The U.S. Military's Covid-19 Vaccine Mandate, Shawn Mckelvy, L. William Uhl, Armand Balboni
Shots Fired, Shots Refused: Scientific, Ethical & Legal Challenges Surrounding The U.S. Military's Covid-19 Vaccine Mandate, Shawn Mckelvy, L. William Uhl, Armand Balboni
St. Mary's Law Journal
The COVID-19 pandemic provided uncertain and challenging circumstances under which to lead a nation and the military that protects it. Those in charge and in command faced unique challenges—scientific, ethical, and legal—at our various levels of government to both keep people safe while keeping government and society functioning. While there were many successes to celebrate, there are also many criticisms for how this “whole-of-government approach” may have degraded some of our most cherished liberties along the way. The authors focus on the U.S. military’s vaccine mandate and propose military leaders may have failed to fully consider the evolving science, weigh …
The Right To Violence, Sean Hill
The Right To Violence, Sean Hill
Utah Law Review
Scholars have long contended that the state has a monopoly on the use of violence. This monopoly is considered essential for the state to assure the safety and security of its citizens. Whereas public officers have the broadest authority to deploy violence, in order to make arrests or to inflict punishment, private citizens allegedly have severe restrictions on their use of force. Specifically, the state is said to only authorize private violence when civilians face an imminent threat of unlawful force or when civilians are attempting to prevent a crime.
Yet the state explicitly authorized private violence against enslaved people …
The Antidote Of Free Speech: Censorship During The Pandemic, Christopher Keleher
The Antidote Of Free Speech: Censorship During The Pandemic, Christopher Keleher
Catholic University Law Review
Free speech in America stands at a precipice. The nation must decide if the First Amendment protects controversial, unconventional, and unpopular speech, or only that which is mainstream, fashionable, and government-approved. This debate is one of many legal battles brought to the fore during Covid-19. But the fallout of the free speech question will transcend Covid-19.
During the pandemic, the federal government took unprecedented steps to pressure private entities to push messages it approved and squelch those it did not. The Supreme Court will soon grapple with the issue of censorship during the pandemic. This article examines this litigation, along …
Labor Pains: The Inadequacies Of Current Federal Pregnancy Laws And The Alternative Routes To Accommodation, Sara Alexander
Labor Pains: The Inadequacies Of Current Federal Pregnancy Laws And The Alternative Routes To Accommodation, Sara Alexander
Mississippi College Law Review
Although many women are able to work through their pregnancies without employer accommodations, some pregnant workers who require accommodations "are forced out of their jobs unnecessarily when minor adjustments would enable them to keep working." In 2003, a hardware assembler in Ohio was terminated after her doctor limited her weight-lifting to twenty pounds and ordered that she work no more than eight hours at a time. In 2009, a retail worker in Kansas was fired because she needed to keep a water bottle with her in order to stay hydrated and prevent bladder infections. In 2011, an activity director at …
The Work-Rule Doctrine Doesn't Work After Reeves V. Sanderson Plumbing Products, Grafton Bragg
The Work-Rule Doctrine Doesn't Work After Reeves V. Sanderson Plumbing Products, Grafton Bragg
Mississippi College Law Review
This Note is about an existing plague on employment-law jurisprudence in the Fifth Circuit. Small and big companies alike can terminate an employee for no discriminatory reason but then be tagged with a lawsuit that has a fair chance of success, just because the disgruntled former employee is willing to lie or the parties disagree over the facts. This is true even though no evidence of actual discrimination exists. The work-rule doctrine changes at-will employment to good-will employment under the guise of federal employment discrimination statutes. Whatever your position is on the longstanding at-will employment regimes, there can be no …
Protecting "Sincerely Held Religious Beliefs": Lessons From Mississippi Hb 1523, Lindsay Krout Roberts
Protecting "Sincerely Held Religious Beliefs": Lessons From Mississippi Hb 1523, Lindsay Krout Roberts
Mississippi College Law Review
The United States Supreme Court's revolutionary ruling in Obergefell v. Hodges, which guaranteed marriage equality for homosexual couples in every state, gave life to a new challenge in the area of free exercise of religion: to what extent should persons with religious objections to same-sex marriages be forced to participate in them? Should a Christian baker be legally required to bake a wedding cake for a homosexual marriage to which he or she objects? Must a county clerk with religious objections to homosexual marriage sign a marriage license for a same-sex couple?
In an attempt to pre-empt these types of …
Public Health Consequences Of Appellate Standards For Hostile Work Environment Claims, Lauren Krumholz
Public Health Consequences Of Appellate Standards For Hostile Work Environment Claims, Lauren Krumholz
Washington Journal of Social & Environmental Justice
No abstract provided.
Forced To Bear The Burden And Now The Children: The Dobbs Decision And Environmental Justice Communities, Mia Petrucci
Forced To Bear The Burden And Now The Children: The Dobbs Decision And Environmental Justice Communities, Mia Petrucci
Washington Journal of Social & Environmental Justice
No abstract provided.
The California Supreme Court Replaces Gingles Prong One, Bruce A. Wessel, Jason D. D'Andrea
The California Supreme Court Replaces Gingles Prong One, Bruce A. Wessel, Jason D. D'Andrea
Fordham Law Voting Rights and Democracy Forum
No abstract provided.
Fraudulent Vote Dilution, Jason Marisam
Fraudulent Vote Dilution, Jason Marisam
Fordham Law Voting Rights and Democracy Forum
In recent years, the Republican Party and conservative groups have brought lawsuits that advance a novel type of voting claim, which this Article calls fraudulent vote dilution. This claim asserts that an election rule is unconstitutional because it makes it too easy to cast fraudulent ballots that, when tabulated, will dilute the strength of valid and honest ballots. With the 2024 election nearing, the Republican Party may again test fraudulent vote dilution claims in court, as it seeks injunctions to make liberal election rules stricter in ways that make it harder for Democratic voters to cast ballots. This Article advances …
Spies, Trolls, And Bots: Combating Foreign Election Interference In The Marketplace Of Ideas, Nahal Kazemi
Spies, Trolls, And Bots: Combating Foreign Election Interference In The Marketplace Of Ideas, Nahal Kazemi
Fordham Law Voting Rights and Democracy Forum
Foreign disinformation operations on social media pose a significant and rapidly evolving risk, particularly when aimed at American elections. We must urgently and effectively address this form of election interference. This Article examines potential responses to those risks, through a review of the unique characteristics, both practical and legal, of political advertising on social media platforms. This Article analyzes proposed legislative responses to foreign disinformation, noting that no single proposed law to date adequately addresses the threats and challenges posed by foreign disinformation. This Article considers the election law landscape in which the proposed laws would operate. It evaluates the …
Then They Came For Us: Access To Justice Harm And Opportunity For Our Transgender And Nonbinary Youth, Sarah Steadman
Then They Came For Us: Access To Justice Harm And Opportunity For Our Transgender And Nonbinary Youth, Sarah Steadman
The Scholar: St. Mary's Law Review on Race and Social Justice
Transgender and nonbinary youth are under legislative and political siege as the latest victims in our nation’s culture wars. They are acutely aware of the hostility towards their existence and best interests, damaging their often already precarious well-being. There is a concerning risk they will associate biased and antagonistic lawmakers with our entire legal system, including legal service providers. Fear of encountering discrimination and bias leads targeted individuals to avoid accessing services. I fear that means too many among this generation transgender and nonbinary youth may avoid addressing their legal health needs as they age.
Consequently, the legal profession must …
Closing The Door On Human Dignity: How The Supreme Court Blocked The Path To Relief For Victims Of Title Ix Discrimination, Bailey Wylie
Closing The Door On Human Dignity: How The Supreme Court Blocked The Path To Relief For Victims Of Title Ix Discrimination, Bailey Wylie
The Scholar: St. Mary's Law Review on Race and Social Justice
This comment exposes the far-reaching consequences of Cummings v. Premier Rehab Keller and scrutinizes the Supreme Court’s reliance on contract law principles to deny victims of discrimination recovery of non-economic damages.
For almost 50 years, courts have awarded emotional distress damages to victims of discrimination. Consequently, the Court’s lack of notice argument within Cummings falls flat through a cursory analysis of precedent. In the context of Title IX discrimination, school districts are undeniably aware of the possibility of sexual harassment liability at the time they accept federal funding. Mandated Codes of Conduct explicitly prohibit sexual harassment and outline ramifications for …
The Persistence Of Separate And Unequal: Debunking Myths Of The Market In Bargaining For Faculty Gender Salary Equity, Johanna E. Foster, Jen Mcgovern
The Persistence Of Separate And Unequal: Debunking Myths Of The Market In Bargaining For Faculty Gender Salary Equity, Johanna E. Foster, Jen Mcgovern
Journal of Collective Bargaining in the Academy
The Persistence of Separate and Unequal:
Debunking Myths of the Market in Bargaining for Faculty Gender Salary Equity
ABSTRACT
For over a century, feminists have challenged occupational gender segregation as a mechanism to rationalize the devaluing of work assigned to women. The social movement momentum in the second half of the twentieth century helped narrow gender pay gaps both within and across occupations. Recently, apologists for gender discrimination have gained ground in obfuscating the role of gender segregation in reproducing salary inequity, pointing to a black box of “market forces” that presumably account for the devaluing of feminized fields, inside …
The Supreme Court And Children, Aaron Tang
The Supreme Court And Children, Aaron Tang
Northwestern University Law Review
How do children fare at the Supreme Court? Empirical research on the question is sparse, but existing accounts suggest a disheartening answer. A 1996 study found that children lost more than half of their cases in the Court, and a pair of prominent scholars lamented twenty years later that “the losses in children’s rights cases” had “outpace[d] and overwhelm[ed] the victories.”
In this Article, I present evidence that complicates this understanding. Based on an original dataset comprising 262 Supreme Court decisions between 1953 and 2023, I find that children have prevailed in 62.6% of their cases. This win rate is …
Worthless Checks? Clemency, Compassionate Release, And The Finality Of Life Without Parole, Daniel Pascoe
Worthless Checks? Clemency, Compassionate Release, And The Finality Of Life Without Parole, Daniel Pascoe
Northwestern University Law Review
Life without parole (LWOP) sentences are politically popular in the United States because, on their face, they claim to hold prisoners incarcerated until they die, with zero prospect of release via the regularized channel of parole. However, this view is procedurally shortsighted. After parole there is generally another remedial option for lessening or abrogating punishment: executive clemency via pardons and commutations. Increasingly, U.S. legal jurisdictions also provide for the possibility of compassionate release for lifers, usually granted by a parole board.
On paper, pardon, commutation, and compassionate release are thus direct challenges to the claim that an LWOP sentence will …
Once Is Enough: Why Title Ix's Pervasive Requirement Necessitates Adopting The Totality Inquiry, Evan S. Thompson
Once Is Enough: Why Title Ix's Pervasive Requirement Necessitates Adopting The Totality Inquiry, Evan S. Thompson
University of Cincinnati Law Review
No abstract provided.
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 …
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 …
Too Stubborn To Care For: The Impacts Of Discrimination On Patient Noncompliance, Alice Abrokwa
Too Stubborn To Care For: The Impacts Of Discrimination On Patient Noncompliance, Alice Abrokwa
Vanderbilt Law Review
The role of implicit racial biases in police interactions with people of color has garnered increased public attention and scholarly examination over time, but implicit racial bias in the healthcare context can be as deadly, particularly when it intersects with ableism and sexism. Researchers have found that medical providers are more likely to consider Black patients “noncompliant,” meaning the patient has not adhered to recommended treatment, even without evidence Black patients are less compliant than other patients. Being labeled noncompliant can have grave health consequences; providers are less likely to treat pain aggressively when they consider a patient noncompliant and, …
Foreword: The Legal Profession And Social Change, Atinuke O. Adediran, Bruce A. Green
Foreword: The Legal Profession And Social Change, Atinuke O. Adediran, Bruce A. Green
Fordham Law Review
Fordham University School of Law’s Stein Center for Law and Ethics has collaborated with the Fordham Law Review every year since the late 1990s to encourage, collect, and publish scholarly writings on different aspects of the legal profession, including its norms, regulation, organization, history, and development—that is, on themes relating to what law schools loosely call “legal ethics.” The legal profession is an important subject of study for legal scholars, among others. Although one U.S. Supreme Court Justice, himself a former law professor, airily derided legal ethics as the “least analytically rigorous . . . of law-school subjects,” we dispute …
Community Responsive Public Defense, Alexis Hoag-Fordjour
Community Responsive Public Defense, Alexis Hoag-Fordjour
Fordham Law Review
This colloquium asks us to consider how social change is influencing the legal profession and the legal profession’s response. This Essay applies these questions to organizing around criminal injustice and the response from public defenders. This Essay surfaces the work of four innovative indigent defense organizations that are engaged with and duty-bound to the communities they represent. I call this “community responsive public defense,” which is a distinct model of indigent defense whereby public defenders look to their clients and their clients’ communities to help shape advocacy, strategy, and representation.
Methodologically, this Essay relies primarily on qualitative interviews with leaders …
(How) Can Litigation Advance Multiracial Democracy?, Olatunde C.A. Johnson
(How) Can Litigation Advance Multiracial Democracy?, Olatunde C.A. Johnson
Fordham Law Review
Can rights litigation meaningfully advance social change in this moment? Many progressive or social justice legal scholars, lawyers, and advocates would argue “no.” Constitutional decisions issued by the U.S. Supreme Court thwart the aims of progressive social movements. Further, contemporary social movements often decenter courts as a primary domain of social change. In addition, a new wave of legal commentary urges progressives to de-emphasize courts and constitutionalism, not simply tactically but as a matter of democratic survival.
This Essay considers the continuing role of rights litigation, using the litigation over race-conscious affirmative action as an illustration. Courts are a key …
Staff Matters: How To Address Derogatory Comments Among Staff Members, Jodi Schafer Sphr, Shrm-Scp
Staff Matters: How To Address Derogatory Comments Among Staff Members, Jodi Schafer Sphr, Shrm-Scp
The Journal of the Michigan Dental Association
Addressing derogatory comments among staff members requires a systematic approach. Document the incident, meet individually with each employee, and assess their reactions. Responses may vary from denial to remorse. Tailor disciplinary action based on their accountability and alignment with office values. Consider potential legal ramifications and seek HR or legal guidance if needed. Regardless, swift action is essential to maintain a respectful workplace environment.