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Articles 1 - 5 of 5
Full-Text Articles in Civil Rights and Discrimination
The American Civil Rights Tradition: Anticlassification Or Antisubordination?, Jack M. Balkin, Reva B. Siegel
The American Civil Rights Tradition: Anticlassification Or Antisubordination?, Jack M. Balkin, Reva B. Siegel
University of Miami Law Review
No abstract provided.
Critical Interventions: Toward An Expansive Equality Approach To The Doctrine Of Good Faith In Contract Law, Emily Houh
Critical Interventions: Toward An Expansive Equality Approach To The Doctrine Of Good Faith In Contract Law, Emily Houh
Faculty Articles and Other Publications
This article argues that courts should use the doctrine of good faith in contract law to prohibit improper considerations of race in contract formation and performance, and should recognize good faith as a device for eliminating racial subordination that can function beyond the scope of conventional civil rights discourse. Although civil rights laws provide important remedies to victims of discrimination, the elimination of racial subordination cannot remain the exclusive domain of civil rights law. Rather, other substantive areas of law can and should incorporate expansive equality principles to achieve that end. For example, this article demonstrates how the implied obligation …
Interception - The Courts Get Another Pass At The Ncaa And The Intentional Discrimination Of Proposition 16 In Pryor V. Ncaa, Anneliese Munczinski
Interception - The Courts Get Another Pass At The Ncaa And The Intentional Discrimination Of Proposition 16 In Pryor V. Ncaa, Anneliese Munczinski
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
The Law And Economics Of Critical Race Theory, Mitu Gulati, Devon W. Carbado
The Law And Economics Of Critical Race Theory, Mitu Gulati, Devon W. Carbado
Faculty Scholarship
Legal academics often perceive law and economics (L&E) and critical race theory (CRT) as oppositional discourses. Using a recently published collection of essays on CRT as a starting point, we argue that the understanding of workplace discrimination can be furthered through a collaboration between L&E and CRT. L&E's strength is in its attention to incentives and norms, specifically its concern with explicating how norms incentivize behavior. Its limitation is that it treats race as exogenous and static. Thus, the literature fails to consider how institutional norms affect, and are affected by, race. To put the point another way, L&E does …
Can The Environmental Justice Movement Survive Without Title Vi Of The Civil Rights Act, Daniel V. Madrid
Can The Environmental Justice Movement Survive Without Title Vi Of The Civil Rights Act, Daniel V. Madrid
Villanova Environmental Law Journal
No abstract provided.