Open Access. Powered by Scholars. Published by Universities.®
Civil Rights and Discrimination Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law and Gender (19)
- Sexuality and the Law (14)
- Human Rights Law (8)
- Law and Society (8)
- Family Law (5)
-
- Social and Behavioral Sciences (5)
- Arts and Humanities (4)
- Constitutional Law (4)
- Law and Politics (4)
- Law and Psychology (4)
- Social Welfare Law (4)
- Criminal Law (3)
- Gender and Sexuality (3)
- Legal Education (3)
- Legal History (3)
- Public Law and Legal Theory (3)
- Sociology (3)
- Comparative and Foreign Law (2)
- Criminal Procedure (2)
- Education Law (2)
- Entertainment, Arts, and Sports Law (2)
- Health Law and Policy (2)
- International Law (2)
- Jurisprudence (2)
- Labor and Employment Law (2)
- Legislation (2)
- Psychology (2)
- Torts (2)
- Institution
- Publication Year
- Publication
-
- Julie Novkov (3)
- Marybeth Herald (3)
- Mel Cousins (3)
- Laura A. Rosenbury (2)
- Luke A. Boso (2)
-
- Aeyal M. Gross (1)
- Bethany Berger (1)
- Carlo A. Pedrioli (1)
- Carmen G. Gonzalez (1)
- Christopher J. Walker (1)
- Deborah M. Weissman (1)
- Elliot S Rozenberg (1)
- Holning Lau (1)
- Lawrence J. Trautman Sr. (1)
- Lisa T. Alexander (1)
- Maya Manian (1)
- Michelle A. Travis (1)
- Monica B Carusello (1)
- Nancy J. Knauer (1)
- Nancy Levit (1)
- Paula A Monopoli (1)
- Rachel Simon (1)
- Robin S. Maril (1)
- Sharon E. Rush (1)
- Stephanie Bornstein (1)
- Surabhi Chopra Prof. (1)
- Taunya Lovell Banks (1)
- Yofi Tirosh (1)
- File Type
Articles 1 - 30 of 36
Full-Text Articles in Civil Rights and Discrimination
Evicted: The Socio-Legal Case For The Right To Housing, Lisa T. Alexander
Evicted: The Socio-Legal Case For The Right To Housing, Lisa T. Alexander
Lisa T. Alexander
Matthew Desmond's Evicted: Poverty and Profit in the American City is a triumphant work that provides the missing socio-legal data needed to prove why America should recognize housing as a human right. Desmond's masterful study of the effect of evictions on Milwaukee's urban poor in the wake of the 2008 U.S. housing crisis humanizes the evicted, and their landlords, through rich and detailed ethnographies. His intimate portrayals teach Evicted's readers about the agonizingly difficult choices that low-income, unsubsidized tenants must make in the private rental market. Evicted also reveals the contradictions between "law on the books" and "law-in-action." Its most …
Gendering Disability To Enable Disability Rights Law, Michelle Travis
Gendering Disability To Enable Disability Rights Law, Michelle Travis
Michelle A. Travis
Unifying Antidiscrimination Law Through Stereotype Theory, Stephanie Bornstein
Unifying Antidiscrimination Law Through Stereotype Theory, Stephanie Bornstein
Stephanie Bornstein
Has litigation under Title VII of the Civil Rights Act of 1964 reached the limit of its utility in advancing workplace equality? After four decades of forward progress on antidiscrimination law in the courts, Supreme Court decisions in the last decade have signaled a retrenchment, disapproving of key theories scholars and advocates had pursued to address workplace discrimination in its modern, more subtle and structural forms. Yet sex and race inequality at work endure, particularly in pay and at the top of organizations. Notably, while the Roberts Court majority appears skeptical that discrimination persists and resistant to recognizing the role …
Surrogacy, Equal Status And Social Welfare Benefits, Mel Cousins
Surrogacy, Equal Status And Social Welfare Benefits, Mel Cousins
Mel Cousins
Shaping Expectations About Dads As Caregivers: Toward An Ecological Approach, Holning Lau
Shaping Expectations About Dads As Caregivers: Toward An Ecological Approach, Holning Lau
Holning Lau
Agency, Equality, And Antidiscrimination Law, Tracy E. Higgins, Laura A. Rosenbury
Agency, Equality, And Antidiscrimination Law, Tracy E. Higgins, Laura A. Rosenbury
Laura A. Rosenbury
Some commentators, perhaps a minority, have argued that the Equal Protection Clause should be read to require the use of race-conscious policies when necessary to eradicate or remedy the most serious consequences of racial inequality. Others have argued that such policies, though not required, should be permitted when duly adopted by the majority of the populace to promote the interests of an historically oppressed minority. Still others, including now a majority of the Supreme Court, take the view that the Constitution forbids virtually all explicit uses of race by the state. In this Essay, we do not enter this debate …
Sex In And Out Of Intimacy, Laura A. Rosenbury, Jennifer E. Rothman
Sex In And Out Of Intimacy, Laura A. Rosenbury, Jennifer E. Rothman
Laura A. Rosenbury
The state has long attempted to regulate sexual activity by channeling sex into various forms of state-supported intimacy. Although commentators and legal scholars of diverse political perspectives generally believe such regulation is declining, the freedom to engage in diverse sexual activities has not been established as a matter of law. Instead, courts have extended legal protection to consensual sexual acts only to the extent such acts support other state interests, most often marriage and procreation. Although Lawrence v. Texas altered some aspects of that vision, it reinscribed others by suggesting that sexual activity should be protected from state interference only …
Identity Matters, Sharon E. Rush
Identity Matters, Sharon E. Rush
Sharon E. Rush
From the Sixth Annual LatCrit Conference in Gainesville, Florida on April 26-29, 2001. Cluster VII: Race, Gender, and Sexuality
Dealing With Dangerous Women: Sexual Assault Under Cover Of National Security Laws In India, Surabhi Chopra Prof.
Dealing With Dangerous Women: Sexual Assault Under Cover Of National Security Laws In India, Surabhi Chopra Prof.
Surabhi Chopra Prof.
DEALING WITH DANGEROUS WOMEN: SEXUAL ASSAULT UNDER COVER OF NATIONAL SECURITY LAWS IN INDIA
This article examines violence against women suspected of being security threats in India’s internal conflict zones, one of the very few scholarly works to do so.
I focus on two cases in particular. In 2004, Thangjam Manorama was arrested by paramilitaries on suspicion of belonging to a violent separatist group, and found raped and murdered several hours later. I look at her family’s attempts to hold the armed forces accountable for her death. I also look at the ongoing criminal prosecution of Soni Sori, an indigenous …
Sentencing Pregnant Drug Addicts: Why The Child Endangerment Enhancement Is Not Appropriate, Monica Carusello
Sentencing Pregnant Drug Addicts: Why The Child Endangerment Enhancement Is Not Appropriate, Monica Carusello
Monica B Carusello
No abstract provided.
The Ncaa's Transgender Student-Athlete Policy: How Attempting To Be More Inclusive Has Led To Gender And Gender Identity Discrimination, Elliot S. Rozenberg
The Ncaa's Transgender Student-Athlete Policy: How Attempting To Be More Inclusive Has Led To Gender And Gender Identity Discrimination, Elliot S. Rozenberg
Elliot S Rozenberg
No abstract provided.
Real Men, Luke A. Boso
Real Men, Luke A. Boso
Luke A. Boso
Men experience discrimination every day at work and at school because they fail to look or behave like real men. Most courts now hold that men can prove sex discrimination by presenting evidence that the defendant harassed or bullied the plaintiff because he fails to conform to sex stereotypes. But judges in these cases are reluctant to find that defendants intended to discriminate “because of sex,” which is required to state a valid claim under statutory anti-discrimination law. Instead, judges routinely grant defendants’ motions for summary judgment and to dismiss based on little more than their own ideas about what …
Corporate Boardroom Diversity: Why Are We Still Talking About This?, Lawrence J. Trautman
Corporate Boardroom Diversity: Why Are We Still Talking About This?, Lawrence J. Trautman
Lawrence J. Trautman Sr.
What exactly is board diversity and why does it matter? How does diversity fit in an attempt to build the best board for any organization? What attributes and skills are required by law and what mix of experiences and talents provide the best corporate governance? Even though most companies say they are looking for diversity, why has there been such little progress? Are required director attributes, which are a must for all boards, consistent with future diversity gains and aligned with achieving high performance and optimal board composition? My goal is to provide answers to these questions, and to discuss …
In The Name Of The Child: Race, Gender, And Economics In Adoptive Couple V. Baby Girl, Bethany Berger
In The Name Of The Child: Race, Gender, And Economics In Adoptive Couple V. Baby Girl, Bethany Berger
Bethany Berger
On June 25, 2013, the Supreme Court decided Adoptive Couple v. Baby Girl, holding that the Indian Child Welfare Act did not permit the Cherokee father in that case to object to termination of his parental rights. The case is ostensibly about a dispute between prospective adoptive parents and a biological father. This Article demonstrates that it is about a lot more than that. It is a microcosm of anxieties about Indian-ness, race, and the changing nature of parenthood. While made in the name of the child, moreover, the decision supports practices and policies that do not forward and may …
Symposium: Title Ix: Women, Athletics And The Law - Foreword, Paula Monopoli
Symposium: Title Ix: Women, Athletics And The Law - Foreword, Paula Monopoli
Paula A Monopoli
No abstract provided.
Sex Is Less Offensive Than Violence: A Call To Update Obscenity Jurisprudence, Rachel Simon
Sex Is Less Offensive Than Violence: A Call To Update Obscenity Jurisprudence, Rachel Simon
Rachel Simon
This article addresses the gender bias presented by the disparate treatment of sex and violence under current obscenity jurisprudence. Under the controlling standard set forth by the Supreme Court in Miller v. California, sexual works may readily be regulated as obscenity, while violent works unequivocally may not. This article posits that this disparate treatment is the product of entrenched stereotypes about the way men and women “should” react to sex and violence, and notes the hypocrisy of failing to apply the same reasoning to assessments of violent versus sexual material.
First, reliance on “community standards” to define what material …
Regulating The Family: The Impact Of Pro-Family Policy Making Assessments On Women And Non-Traditional Families, Robin S. Maril
Regulating The Family: The Impact Of Pro-Family Policy Making Assessments On Women And Non-Traditional Families, Robin S. Maril
Robin S. Maril
Beginning in the 1980s, pro-family advocates lobbied the Reagan administration to take a stronger, more direct role in enforcing traditional family norms through agency rulemaking. In 1986 the White House Working Group on the Family published a report entitled, The Family: Preserving America’s Future, detailing what its authors perceived to be the biggest threats to the “American household of persons related by blood, marriage or adoption – the traditional . . . family.” These threats included a lax sexual culture carried over from the 1960s, resulting in rising divorce rates, children born “out of wedlock,” and increased acceptance of “alternative …
A Noble Cause: A Case Study Of Discrimination, Symbols, And Reciprocity, In: Diversity And European Human Rights, Yofi Tirosh
A Noble Cause: A Case Study Of Discrimination, Symbols, And Reciprocity, In: Diversity And European Human Rights, Yofi Tirosh
Yofi Tirosh
This chapter is part of a volume dedicated to rewriting human rights cases issued by the European Court of Human Rights. It uses the case of De La Cierva Osorio De Moscoso v. Spain (1999) as a platform to discuss the inherent tension typifying signs such as nobility titles – as merely symbolic or as carrying substantive content. The problem of one’s ownership of signs is especially acute in the case of women. I will argue that the distinction between form and substance collapses in this case, as in many other cases that involve allocation of allegedly merely symbolic signifiers …
Presumed Incompetent: The Intersections Of Race And Class For Women In Academia -- Introduction, Carmen G. Gonzalez, Angela P. Harris
Presumed Incompetent: The Intersections Of Race And Class For Women In Academia -- Introduction, Carmen G. Gonzalez, Angela P. Harris
Carmen G. Gonzalez
Presumed Incompetent is a pathbreaking account of the intersecting roles of race, gender, and class in the working lives of women faculty of color. Through personal narratives and qualitative empirical studies, more than 40 authors expose the daunting challenges faced by academic women of color as they navigate the often hostile terrain of higher education, including hiring, promotion, tenure, and relations with students, colleagues, and administrators. One of the topics addressed is the importance of forging supportive networks to transform the workplace and create a more hospitable environment for traditionally subordinated groups. The narratives are filled with wit, wisdom, and …
Situation, Frames, And Stereotypes: Cognitive Barriers On The Road To Nondiscrimination, Marybeth Herald
Situation, Frames, And Stereotypes: Cognitive Barriers On The Road To Nondiscrimination, Marybeth Herald
Marybeth Herald
The psychological literature enhances our understanding of discrimination. This essay discusses three examples of how that literature can contribute to limiting destructive gender bias in the workplace, in private interactions, and in the courtroom. First, situational pressures have a powerful influence on our actions and must be taken into account in combating employment discrimination. A workplace designed for traditional male needs (limited parenting and home responsibilities) will continue to pressure females out of the workplace or childbearing despite formal equality rules. Second, the use of the term “disorder” as a frame for describing persons with an intersex condition may not …
Book Review: What Comes Naturally: Miscegenation Law And The Making Of Race In America, Taunya Banks
Book Review: What Comes Naturally: Miscegenation Law And The Making Of Race In America, Taunya Banks
Taunya Lovell Banks
No abstract provided.
Disrupting Sexual Categories Of Intimate Preference, Luke A. Boso
Disrupting Sexual Categories Of Intimate Preference, Luke A. Boso
Luke A. Boso
Society tends to treat a person's sexual orientation and intimate preferences as if those concepts are static and immutable. People regularly divide themselves into binary gay and straight categories, and similarly seek masculine or feminine qualities in an appropriately sexed person. These intimate preferences occupy a uniquely private position in society, and the characteristics to which people claim attraction are thought so personal as to be sacred. In turn, we resist characterizing our intimate preferences as discrimination despite the tangible harms that befall those who are disproportionately excluded from romantic opportunities. But individual discriminatory intimate practices do not necessarily imply …
Beyond The Binary: What Can Feminists Learn From Intersex And Transgender Jurisprudence?, Marybeth Herald
Beyond The Binary: What Can Feminists Learn From Intersex And Transgender Jurisprudence?, Marybeth Herald
Marybeth Herald
This panel discussion focuses on recent developments in the intersex and transsexual communities. Recently, both movements have undergone profound changes and each has provided new and unique theoretical and practical perspectives that can potentially benefit other social justice groups. This dialogue describes these developments. It also emphasizes the importance of feminist, lesbian, gay, bisexual, transsexual and intersex activists becoming aware of the goals that they share and areas where their interests may diverge. As each of these movements develops their legal strategies, they need to be conscious of the potentially positive and negative ramifications that their approaches may have on …
Human Rights, Anti-Discrimination And Social Security Benefits: Recent Uk Case Law, Mel Cousins
Human Rights, Anti-Discrimination And Social Security Benefits: Recent Uk Case Law, Mel Cousins
Mel Cousins
Since the adoption of the Human Rights Act 1998, challenges to UK social security law on the basis of the European Convention on Human Rights have become common - especially under the anti-discrimination provisions of Article 14. However, few of these challenges have been successful and, in general, the English courts have shown a poor understanding of the principles of human rights law. The recent decisions of the European Court of Human Rights in Stec (2005) 41 EHRR SE 295 and the House of Lords in RJM (2008) UKHL 63 have clarified important issues including the material scope of the …
Rights, Race, And Manhood: The Spanish American War And Soldiers’ Quests For First Class American Citizenship, Julie Novkov
Rights, Race, And Manhood: The Spanish American War And Soldiers’ Quests For First Class American Citizenship, Julie Novkov
Julie Novkov
Unlike the Civil War and Reconstruction, the Spanish American War and the Philippine Resistance were not accompanied by significant rights advances for people of color. Rather, rights continued to flow in retrograde, with increased political and cultural repression. Men of color contributed substantially and formally to the war effort, with companies of black and Filipino soldiers serving in combat and many individual Latinos, Native Americans, and Asian men and male descendants of Asians serving as well. Nonetheless, they were unable to leverage service into successful claims to the rights of manhood. This paper explores these dynamics in the context of …
Sacrifice And Civic Membership: The Case Of World War I, Julie Novkov
Sacrifice And Civic Membership: The Case Of World War I, Julie Novkov
Julie Novkov
In the Civil War and World War II, many men of color gained rights while women's rights were in retrograde. While World War I is not a perfect mirror image of the Civil War and World War II, it may make sense to think of World War I as reversing the polarities that were in operation in the two other major conflicts. To understand this dynamic, this paper will explore the kinds of claims that men of color and women made for rights based in forms of civic service and sacrifice, how those claims were met by various state actors, …
Gender Outlaws Before The Law: The Courts Of The Borderlands, Aeyal M. Gross
Gender Outlaws Before The Law: The Courts Of The Borderlands, Aeyal M. Gross
Aeyal M. Gross
This Article considers four trials held in the United States, United Kingdom, and Israel, in which gender outlaws were accused and convicted in a criminal court for fraudulent gender presentations. These trials raise questions at a number of junctures that touch on the regulation and politics of sex, gender, and sexuality. I argue that these cases manifest not only the unresolved tension between sexual and gender identities, but also the internal conflicts within the identities themselves, as well as the difficulty of maintaining boundaries amongst them. Furthermore, I argue that, contrary to the rhetoric used by the various courts, the …
The Irrational Woman: Informed Consent And Abortion Decision-Making, Maya Manian
The Irrational Woman: Informed Consent And Abortion Decision-Making, Maya Manian
Maya Manian
In Gonzales v. Carhart, the Supreme Court upheld a federal ban on a type of second-trimester abortion that many physicians believe is safer for their patients. Carhart presented a watershed moment in abortion law, because it marks the Supreme Court’s first use of the anti-abortion movement’s “woman-protective” rationale to uphold a ban on abortion and the first time since Roe v. Wade that the Court denied women a health exception to an abortion restriction. The woman-protective rationale asserts that banning abortion promotes women’s mental health. According to Carhart, the State should make the final decisions about pregnant women’s healthcare, because …
Sacrifice And Civic Membership: Who Earns Rights, And When?, Julie Novkov
Sacrifice And Civic Membership: Who Earns Rights, And When?, Julie Novkov
Julie Novkov
This paper considers two moments that scholars generally agree featured advances for African Americans’ citizenship – the end of the Civil War and Reconstruction, and World War II and its immediate aftermath – and reads these moments through lenses of race and gender. I consider the conjunction of acknowledged sacrifices and contributions to the state, the rights advances achieved, and the gendered and racialized conceptions of citizen service emerging out of both post-war periods. This conjunction suggests that the kind of citizenship that people of color gained during and after wartime crises depended upon gendered and racialized hierarchies that valued …
Gender Equity In College Athletics: Women Coaches As A Case Study, Deborah L. Rhode, Christopher J. Walker
Gender Equity In College Athletics: Women Coaches As A Case Study, Deborah L. Rhode, Christopher J. Walker
Christopher J. Walker
As Title IX celebrates its thirty-fifth anniversary, many have noted its enormous positive effect on women's sports. But an unintended and too-often neglected byproduct is that as opportunities for female students have increased, opportunities for female professionals have declined. This Article focuses on the barriers that still confront women in college athletics, particularly those who seek professional positions in coaching and administration. Part I presents a brief overview of Title IX, which makes clear its limitations in securing gender equity. Part II.A discusses the declining representation and lower success rate of women coaches, while Part II.B explores the areas of …