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Articles 1 - 13 of 13
Full-Text Articles in Law and Race
Dawinder S. Sidhu On Hate Crimes, Terrorism, And Sikhs, Dawinder S. Sidhu, Benjamin Wittes
Dawinder S. Sidhu On Hate Crimes, Terrorism, And Sikhs, Dawinder S. Sidhu, Benjamin Wittes
Faculty Scholarship
Dawinder S. Sidhu of the University of New Mexico School of Law writes in with the following comments on the fallout from the shooting at the Sikh Temple at Oak Creek, Wisconsin.
Oak Creek And The Future Of Sikhs In America, Dawinder S. Sidhu
Oak Creek And The Future Of Sikhs In America, Dawinder S. Sidhu
Faculty Scholarship
No abstract provided.
In The Wake Of The Temple Shootings, A New Call For Sikh Leadership, Dawinder S. Sidhu
In The Wake Of The Temple Shootings, A New Call For Sikh Leadership, Dawinder S. Sidhu
Faculty Scholarship
No abstract provided.
Violence Against Sikhs Stems From Ignorance And Fear, Dawinder S. Sidhu
Violence Against Sikhs Stems From Ignorance And Fear, Dawinder S. Sidhu
Faculty Scholarship
No abstract provided.
Call The Colorado Shootings What They Were: Terrorism, Dawinder S. Sidhu
Call The Colorado Shootings What They Were: Terrorism, Dawinder S. Sidhu
Faculty Scholarship
No abstract provided.
Religious Freedom And Inmate Grooming Standards, Dawinder S. Sidhu
Religious Freedom And Inmate Grooming Standards, Dawinder S. Sidhu
Faculty Scholarship
In this Article, I argue that the Eleventh Circuit's general legal approach to such religious freedom claims and its support for restrictive inmate grooming standards are no longer sustainable. That is, a substantial and increasing number of jurisdictions have been able to respond to their penological concerns-the same penological interests that undergird and justify the restrictive inmate grooming standards adopted by the states within the Eleventh Circuit-without abridging the rights of inmates to grow their hair in accordance with their respective faiths. Accordingly, I posit that the Eleventh Circuit's jurisprudence must not only be revisited, but replaced with a more …
Remediating Discrimination Against African American Females At The Intersection Of Title Ix And Title Vi, Alfred Dennis Mathewson
Remediating Discrimination Against African American Females At The Intersection Of Title Ix And Title Vi, Alfred Dennis Mathewson
Faculty Scholarship
In Part I, I present a brief treatment of intersectionality in anti-discrimination law focusing on the distinction between cause of action and remedy. Harm caused by gender or racial discrimination may give rise to causes of action based on equal protection principles." In Part II, I go further and argue that the primary intersectionality problem presented by Title IX is one of remedy. I conclude that the differences in the remedial effects of Title IX result, in part, from unremedied racial discrimination, a conclusion that begins with Professor Jerome Dees's argument that Brown v. Board of Education and anti-discrimination laws …
Legal Education, Social Justice And The Law School Dean: Latinas At The Center, Margaret E. Montoya
Legal Education, Social Justice And The Law School Dean: Latinas At The Center, Margaret E. Montoya
Faculty Scholarship
The opening of LatCrit XVI in San Diego, CA, on October 9, 2011, coincided with the events that are identified as the start of the global expression of the Occupy Movement. The Occupy Movement began to gain media attention on September 17, 2011, in Zuccotti Park in New York City. By October 9, protests had taken place or were ongoing in eighty-two countries and over 600 communities in the United States. The broad theme for LatCrit XVI was "Global Justice" and the conference was billed as "an opportunity to explore theories, histories, and futures of global justice. Of particular importance …
Beyond Best Practices For Legal Education: Reflections On Cultural Awareness - Exploring The Issues In Creating A Law School And Classroom Culture, Antoinette M. Sedillo Lopez
Beyond Best Practices For Legal Education: Reflections On Cultural Awareness - Exploring The Issues In Creating A Law School And Classroom Culture, Antoinette M. Sedillo Lopez
Faculty Scholarship
If law schools are to prepare students for the reality of practice, it is useful to help students become aware of cultural issues that can affect client representation by examining the culture that the law school creates. The culture created by faculty, students, administration, and staff will affect the law student's acculturation as a legal professional as well as the law student's psychological well-being. This issue was addressed briefly in Best Practices for Legal Education (Best Practices), but not developed. This essay explores some of the challenges and opportunities of bringing cross-cultural issues into a law school classroom and some …
Out Of Sight, Out Of Legal Recourse: Interpreting And Revising Title Vii To Prohibit Workplace Segregation Premised On Religion, Dawinder S. Sidhu
Out Of Sight, Out Of Legal Recourse: Interpreting And Revising Title Vii To Prohibit Workplace Segregation Premised On Religion, Dawinder S. Sidhu
Faculty Scholarship
The purpose of this article is to argue that the federal courts’ prevailing interpretation of Title VII with respect to religious attire in the workplace is inconsistent with the law. I maintain that Title VII prohibits employers from either placing employees in the back or refusing to hire individuals with conspicuous articles of faith due to any actual or perceived social discomfort with the employee’s religion-based appearance. I am persuaded of this for two independent reasons. First, placing an employee out of public view does not constitute a “reasonable accommodation” under Title VII because the statute’s general anti-discrimination provision expressly …
Brief For Thirteenth Amendment Scholars, United States V. Hatch As Amicus Curiae, Dawinder S. Sidhu
Brief For Thirteenth Amendment Scholars, United States V. Hatch As Amicus Curiae, Dawinder S. Sidhu
Faculty Scholarship
Like the district court, we conclude that Congress has power under the Thirteenth Amendment to enact § 249(a)(1). Although the Thirteenth Amendment by its terms applies to slavery and involuntary servitude, Supreme Court precedent confirms Congress’s authority to legislate against slavery’s “badges and incidents” as well. In particular, the Supreme Court held in Jones v. Alfred H. Mayer Co., 392 U.S. 409 (1968)—a case permitting a federal private right of action against private individuals for housing discrimination—that Congress itself has power to determine those badges and incidents.
Brief For National Congress Of American Indians Supporting Plaintiffs-Appellants Motion For Rehearing En Banc, Knight V. Thompson As Amicus Curiae, Dawinder S. Sidhu
Brief For National Congress Of American Indians Supporting Plaintiffs-Appellants Motion For Rehearing En Banc, Knight V. Thompson As Amicus Curiae, Dawinder S. Sidhu
Faculty Scholarship
Statement of Issues: Whether a prison system may deprive American Indians of their fundamental right to exercise their religion where the prison system has not demonstrated that the policy actually furthers its asserted compelling government interest. Whether a prison system may deprive American Indians of their fundamental right to exercise their religion where the prison system has not even considered less restrictive means of furthering its asserted compelling interest.
The Unconstitutionality Of Urban Poverty, Dawinder S. Sidhu
The Unconstitutionality Of Urban Poverty, Dawinder S. Sidhu
Faculty Scholarship
This Article argues that the Thirteenth Amendment is a proper federal vehicle for correcting the conditions of the urban underclass. The Amendment, I posit, contemplates federal intervention in the state and local governments' handling of its most troubled areas. Such federal involvement is appropriate because those responsible for these physical areas have not ensured that their residents have the necessary predicates for full and independent participation in society. The Thirteenth Amendment, in other words, supports the federal government's establishment of a minimum floor of economic and educational conditions such that the urban underclass may possess meaningful horizontal and vertical liberty, …