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Civil Rights and Discrimination Commons™
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Articles 1 - 12 of 12
Full-Text Articles in Civil Rights and Discrimination
Queer And Convincing: Reviewing Freedom Of Religion And Lgbtq+ Protections Post-Fulton V. City Of Philadelphia, Arianna Nord
Queer And Convincing: Reviewing Freedom Of Religion And Lgbtq+ Protections Post-Fulton V. City Of Philadelphia, Arianna Nord
Washington Law Review
Recent increases in LGBTQ+ anti-discrimination laws have generated new conversations in the free exercise of religion debate. While federal courts have been wrestling with claims brought under the Free Exercise Clause of the First Amendment since the nineteenth century, city and state efforts to codify legal protections for LGBTQ+ individuals in the mid-twentieth century birthed novel challenges. Private individuals who do not condone intimate same-sex relationships and/or gender non-conforming behavior, on religious grounds seek greater legal protection for the ability to refuse to offer goods and services to LGBTQ+ persons. Federal and state courts must determine how to resolve these …
Keynote Address, Justin Hansford
Keynote Address, Justin Hansford
Seattle University Law Review
Keynote Address by Justin Hansford
Reflections On Nomos: Paideic Communities And Same Sex Weddings, Marie A. Failinger
Reflections On Nomos: Paideic Communities And Same Sex Weddings, Marie A. Failinger
Touro Law Review
Robert Cover’s Nomos and Narrative is an instructive tale for the constitutional battle over whether religious wedding vendors must be required to serve same-sex couples. He helps us see how contending communities’ deep narratives of martyrdom and obedience to the values of their paideic communities can be silenced by the imperial community’s insistence on choosing one community’s story over another community’s in adjudication. The wedding vendor cases call for an alternative to jurispathic violence, for a constitutionally redemptive response that prizes a nomos of inclusion and respect for difference.
Taking Exception To Assessments Of American Exceptionalism: Why The United States Isn’T Such An Outlier On Free Speech, Evelyn Mary Aswad
Taking Exception To Assessments Of American Exceptionalism: Why The United States Isn’T Such An Outlier On Free Speech, Evelyn Mary Aswad
Dickinson Law Review (2017-Present)
One of the most significant challenges to human freedom in the digital age involves the sheer power of private companies over speech and the fact that power is untethered to existing free speech principles. Heated debates are ongoing about what standards social media companies should adopt to regulate speech on their platforms. Some have argued that global social media companies, such as Facebook and Twitter, should align their speech codes with the international human rights law standards of the United Nations (“U.N.”). Others have countered that U.S.-based companies should apply First Amendment standards. Much of this debate is premised on …
How Far Will Fara Go? The Foreign Agents Registration Act And The Criminalization Of Global Human Rights Advocacy, Monica Romero
How Far Will Fara Go? The Foreign Agents Registration Act And The Criminalization Of Global Human Rights Advocacy, Monica Romero
Washington Law Review
The Foreign Agents Registration Act (FARA) was enacted and enforced during World War II to protect the American public from foreign propaganda, especially from the Nazi party. Following the war, FARA was scarcely used for over half a century. But in the past five years, there has been a significant uptick in FARA enforcement, particularly against major political personalities. The revival of FARA has led many legislators and scholars to advocate for expansions of FARA’s scope and enforcement mechanisms in the name of national security. But most have failed to acknowledge the risk and likelihood of politicized enforcement. The United …
Domestic Violence Victims, A Nuisance To Society?: Moving Toward A More Equitable System In Protecting Vulnerable Women, Elizabeth Haderlie, Layla Shaaban
Domestic Violence Victims, A Nuisance To Society?: Moving Toward A More Equitable System In Protecting Vulnerable Women, Elizabeth Haderlie, Layla Shaaban
Brigham Young University Prelaw Review
Recent conversations about racial biases that exist towards the black community have required many of us to rethink systems and laws that unconsciously perpetuate racial discrimination. This article uses state, federal, and local lawsuits to argue the case against nuisance ordinances and the negative effects they can have on victims of domestic abuse, namely black women. We dive into the histories and statistics of domestic violence and nuisance ordinances. We provide evidence that indicates a correlation between domestic violence victim’s fear of reaching out for help, and nuisance ordinances being in place. Finally, we urge the federal government to amend …
Why Do The Poor Not Have A Constitutional Right To File Civil Claims In Court Under Their First Amendment Right To Petition The Government For A Redress Of Grievances?, Henry Rose
Seattle University Law Review
Since 1963, the United States Supreme Court has recognized a constitutional right for American groups, organizations, and persons to pursue civil litigation under the First Amendment right to petition the government for redress of grievances. However, in three cases involving poor plaintiffs decided by the Supreme Court in the early 1970s—Boddie v. Connecticut,2 United States v. Kras,3 and Ortwein v. Schwab4—the Supreme Court rejected arguments that all persons have a constitutional right to access courts to pursue their civil legal claims.5 In the latter two cases, Kras and Ortwein, the Supreme Court concluded that poor persons were properly barred from …
Today's Porn: Not A Constitutional Right; Not A Human Right, Patrick Trueman
Today's Porn: Not A Constitutional Right; Not A Human Right, Patrick Trueman
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
“They Outlawed Solidarity!”, Richard Blum
“They Outlawed Solidarity!”, Richard Blum
Seattle University Law Review
In attacking § 8(b)(4)(ii)(B)’s ban on secondary labor picketing in support of a consumer boycott as a violation of the First Amendment, critics have repeatedly condemned the Supreme Court’s reliance on a supposed distinction between “pure speech” and “speech plus conduct,” such as a picket. The Court’s invocation of an “unlawful objectives” doctrine to defend banning speech contrary to public policy has also been repeatedly criticized. After all, picketing has been recognized as protected expressive activity and it is entirely lawful for consumers to choose to boycott the target of a picket. However, commentators have not sought to argue that …
Substance And Method In The Year 2000, Akhil Reed Amar
Substance And Method In The Year 2000, Akhil Reed Amar
Pepperdine Law Review
No abstract provided.
Legislating Against Hate In New York: Bias Crimes And The Lesbian And Gay Community, Martin S. Zwerling
Legislating Against Hate In New York: Bias Crimes And The Lesbian And Gay Community, Martin S. Zwerling
Touro Law Review
No abstract provided.