Open Access. Powered by Scholars. Published by Universities.®

Civil Rights and Discrimination Commons

Open Access. Powered by Scholars. Published by Universities.®

5,846 Full-Text Articles 3,935 Authors 2,207,570 Downloads 137 Institutions

All Articles in Civil Rights and Discrimination

Faceted Search

5,846 full-text articles. Page 1 of 106.

Measuring Political Power: Suspect Class Determinations And The Poor, Bertrall L. Ross, Su Li 2016 University of California - Berkeley

Measuring Political Power: Suspect Class Determinations And The Poor, Bertrall L. Ross, Su Li

Bertrall L Ross

Which classes are considered suspect under equal protection doctrine? The answer determines whether courts will defer to legislatures and other government actors when they single out a group for special burdens, or intervene to protect that group from such treatment. Laws burdening suspect classes receive the strictest scrutiny possible—and under current doctrine, whether a class is suspect turns largely on whether the court views the group as possessing political power.

But how do courts know when a class lacks political power? A liberal plurality of the Supreme Court initially suggested that political power should be measured according to a ...


Scarce Medical Resources – Parenthood At Every Age, In Every Case And Subsidized By The State?, yehezkel Margalit 2015 SelectedWorks

Scarce Medical Resources – Parenthood At Every Age, In Every Case And Subsidized By The State?, Yehezkel Margalit

Hezi Margalit

The dilemma of scarce medical resources is deeply rooted in the ancient mankind history, but it has been accelerated in the modern era with the appearance of the bio-medical innovations. This acute dilemma is relevant to all the western developed states, include Israel. Nevertheless, in one field there is the notion that Israel has unlimited medical resources – the fulfillment of its citizen's procreation and parenthood rights. Thus, for sociological, demographical, religious and security reasons the State of Israel invests a vast amount of money to develop and use the various fertility treatments. Israel, today, has the highest per capita ...


Why Marijuana Is Not Regulated Like Alcohol In Colorado: A Warning For States Seeking To Legalize Recreational Marijuana, Angela Macdonald 2015 University of Massachusetts - Dartmouth

Why Marijuana Is Not Regulated Like Alcohol In Colorado: A Warning For States Seeking To Legalize Recreational Marijuana, Angela Macdonald

Angela Macdonald

Colorado is unique in a number of ways. Colorado hosts some of the best skiing and snowboarding in the world, was one of the first states in the nation to operationally legalize marijuana for recreational use, and Colorado has particular tax restrictions unlike any other state. While competing with world-class skiing may not be an option for all states, any state contemplating legalizing recreational marijuana in a similar manner to Colorado may want to consider what sets Colorado apart; how legalized recreational marijuana works for Colorado; and ways to address tax and regulation issues in new marijuana legalization efforts.


The Harm Principle And Free Speech, Rebecca L. Brown 2015 USC Gould School of Law

The Harm Principle And Free Speech, Rebecca L. Brown

University of Southern California Legal Studies Working Paper Series

This article challenges the recent turn to absolutism in free speech doctrine, and the scheme of "protected" and "unprotected" speech that it enshrines. A more historically and theoretically sound approach to free speech would take into account the actual manner in which expression is alleged to cause harm. If the process of causing harm does not engage the rational processes of the audience, then the strict rule against content regulation is not appropriate. The article offers an original, revisionist perspective on the leading case on content regulation, Police Department v. Mosley, 408 U.S. 92 (1972), which was authored by ...


"Rhetoric And Reality": Testing The Harm Of Campaign Spending, Rebecca L. Brown, Andrew D. Martin 2015 USC Gould School of Law

"Rhetoric And Reality": Testing The Harm Of Campaign Spending, Rebecca L. Brown, Andrew D. Martin

University of Southern California Legal Studies Working Paper Series

This is an empirical piece prepared for a conference entitled Testing the Constitution, held at the University of Chicago Law School. Brown and Martin collaborated to design a survey experiment aimed at testing some of the factual claims made by the Supreme Court in Citizens United v. FEC. The paper shows that there is a demonstrable harm to the electorate's faith in democracy, and argues that these findings supply a government interest, separate from prevention of corruption, in regulating campaign spending.


Demanding Individual Rights And Civil Liberties: An Iranian Approach, Zahra Takhshid 2015 George Washington University Law School (Student)

Demanding Individual Rights And Civil Liberties: An Iranian Approach, Zahra Takhshid

Zahra Takhshid

Iran has a long history of social movements and revolutions. The 1906 Constitutional Revolution led to the recognition of individual rights as part of Iran’s first Constitution. With the Islamic Revolution of 1979, a new constitution was enacted, which devoted one chapter to “the Rights of the Nation.”

The Constitution has introduced several methods to protect the recognized rights: the Guardian Council, the Tribunal of Administrative Justice, and the Commission of Article 90.

In addition to the institutions introduced in the Constitution, the Legislature and the Executive branch proposed new safeguarding procedures and adopted new statutes, which recognized broader ...


Can Dna Be Speech?, Jorge R. Roig 2015 Charleston School of Law

Can Dna Be Speech?, Jorge R. Roig

Jorge R Roig

DNA is generally regarded as the basic building block of life itself. In the most fundamental sense, DNA is nothing more than a chemical compound, albeit a very complex and peculiar one. DNA is an information-carrying molecule. The specific sequence of base pairs contained in a DNA molecule carries with it genetic information, and encodes for the creation of particular proteins. When taken as a whole, the DNA contained in a single human cell is a complete blueprint and instruction manual for the creation of that human being.

In this article we discuss myriad current and developing ways in which ...


Women Made Whole: How Tort Law Can Change The Lives Of Domestic Violence And Sexual Assault Victims, Sara L. Crewson 2015 University of Pittsburgh - Main Campus

Women Made Whole: How Tort Law Can Change The Lives Of Domestic Violence And Sexual Assault Victims, Sara L. Crewson

Sara L Crewson

Tort law and insurance companies are failing to provide female domestic violence victims with adequate access to civil courts, proper legal mechanisms with which to gain that access, and are far behind the times when compared to other gender-linked crimes like those of rape and sexual assault. The Restatement of Torts (Third) has classified domestic violence as an intentional tort, and most insurance policies will not provide coverage for harms that were committed intentionally. Certain homeowners' insurance policies won't provide coverage if a spouse tries to sue another spouse for harms committed, leaving vulnerable wives unable to seek compensation ...


Scholars Of The Constitutional Rights Of Children (Amici Curiae), Tanya M. Washington 2015 Georgia State University College of Law

Scholars Of The Constitutional Rights Of Children (Amici Curiae), Tanya M. Washington

Tanya Monique Washington

My co-authors and I filed an amicus brief with the U.S. Supreme Court in Obergefell v. Hodges last month. Our first co-authored amicus brief was filed with the Supreme Court in U.S. Windsor in 2013, and it was cited by the Respondents in their brief to the Court. The Defense of Marriage Act's harmful impact on children in same-sex families was the focus of that brief, and the Court acknowledged those harms as relevant to its analysis of DOMA's constitutionality. Our brief was published in the Iowa Journal of Gender, Race and Justice.

In our amicus ...


A Unified Theory Of Immigrant And Racial Justice, Rebecca Sharpless 2015 University of Miami School of Law

A Unified Theory Of Immigrant And Racial Justice, Rebecca Sharpless

Rebecca Sharpless

Scholars and law reformers advocate for better treatment of immigrants by invoking a contrast with people convicted of a crime. This Article details the harms and limitations of a conceptual framework that relies on a contrast with people—citizens and noncitizens—who have been convicted of a criminal offense and proposes an alternate approach that better aligns with the racial critique of our criminal justice system. Noncitizens with a criminal record are overwhelmingly low-income people of color. While some have been in the United States for a short period of time, many have resided in the United States for much ...


Why Chief Justice Roy Moore And The Alabama Supreme Court Just Made The Best Case For Same-Sex Marriage, Adam Lamparello 2015 Indiana Tech Law School

Why Chief Justice Roy Moore And The Alabama Supreme Court Just Made The Best Case For Same-Sex Marriage, Adam Lamparello

Adam Lamparello

The Alabama Court of the Judiciary should remove Roy Moore from the Supreme Court of Alabama for a second and final time. Over ten years after being ousted from the Alabama Supreme Court, Chief Justice Moore is embroiled in yet another controversy that involves disregarding the federal courts and creating chaos in the legal system. In fact, Moore recently stated that he would ignore the Supremacy Clause and not respect a U.S. Supreme Court decision invalidating same-sex marriage bans. That statement brings back memories of Governor Wallace’s infamous stand at the schoolhouse door. At least Wallace had a ...


Justice-As-Fairness As Judicial Guiding Principle: Remembering John Rawls And The Warren Court, Michael Anthony Lawrence 2015 Michigan State University College of Law

Justice-As-Fairness As Judicial Guiding Principle: Remembering John Rawls And The Warren Court, Michael Anthony Lawrence

Michael Anthony Lawrence

This Article looks back to the United States Supreme Court’s jurisprudence during the years 1953-1969 when Earl Warren served as Chief Justice, a period marked by numerous landmark rulings in the areas of racial justice, criminal procedure, reproductive autonomy, First Amendment freedom of speech, association and religion, voting rights, and more. The Article further discusses the constitutional bases for the Warren Court’s decisions, principally the Fourteenth Amendment equal protection and due process clauses.

The Article explains that the Warren Court’s equity-based jurisprudence closely resembles, at its root, the “justice-as-fairness” approach promoted in John Rawls’s monumental 1971 ...


Native American Tribal Disenrollment And Heritage, Christopher Doval N. Doval, Elin L. Cortijo-Doval PhD., Don A. Anque J.D. 2015 Virginia State University

Native American Tribal Disenrollment And Heritage, Christopher Doval N. Doval, Elin L. Cortijo-Doval Phd., Don A. Anque J.D.

Christopher Doval

The exercise and power of disenrollment is a sensitive topic for Native Americans. On one hand, disenrollment is important for self-determination. Yet, on the other, the ability to strip one of their legal status as a tribal member can also be seen as racial erasure. Recently, many tribes have begun to exile tribal members for various reasons. Long-standing family feuds and greed due to gaming profits are some of the alleged reasons why disenrollment occurs. Regardless of the reasons, many disenrolled Native Americans are questioning the validity of their ousting, which also calls into question the governing powers of Native ...


All Divergence Is Local: A Historical Reconceptualization Of Interest Convergence As A National Phenomenon Tempered By The Realities Of Local Racial Politics, Robert Parrish 2015 Elon University School of Law

All Divergence Is Local: A Historical Reconceptualization Of Interest Convergence As A National Phenomenon Tempered By The Realities Of Local Racial Politics, Robert Parrish

Robert Parrish

No abstract provided.


Post-Racial Hydraulics: The Hidden Dangers Of The Universal Turn, Zev J. Eigen, Camille Gear Rich, Charlotte S. Alexander 2015 Northwestern University School of Law

Post-Racial Hydraulics: The Hidden Dangers Of The Universal Turn, Zev J. Eigen, Camille Gear Rich, Charlotte S. Alexander

University of Southern California Legal Studies Working Paper Series

In recent years, antidiscrimination scholars have focused on the productive possibilities of the “universal turn,” a strategy that calls on attorneys to convert particularist claims, like race discrimination claims, into broader universalist claims that secure basic dignity, liberty, and fairness rights for all. Scholars have urged litigators to employ universalist strategies in constitutional and voting rights cases, as well as in employment litigation. Thus far, however, arguments made in favor of universalism have been largely abstract and theoretical and therefore have failed to fully consider the second order effects of universalist strategies on the ground. In this article we challenge ...


The Challenge Of “Equal But Separate” In The Courthouse: A Lens For The Civil Rights Era, Jaimie K. McFarlin 2015 Harvard University

The Challenge Of “Equal But Separate” In The Courthouse: A Lens For The Civil Rights Era, Jaimie K. Mcfarlin

Jaimie K. McFarlin

This article serves to examine the role of the courthouse during the Jim Crow Era and the early stages of the Civil Rights Movement, as courthouses fulfilled their dual function of minstreling Plessy’s call for “equality under the law” and orchestrating overt segregation.


From Baby M To Baby M(Anji): Regulating International Surrogacy Agreements, yehezkel Margalit 2015 SelectedWorks

From Baby M To Baby M(Anji): Regulating International Surrogacy Agreements, Yehezkel Margalit

Hezi Margalit

In 1985, when Kim Cotton became Britain’s first commercial surrogate mother, Europe was exposed to the issue of surrogacy for the first time on a large scale. Three years later, in 1988, the famous case of Baby M drew the attention of the American public to surrogacy as well. These two cases implicated fundamental ethical and legal issues regarding domestic surrogacy and triggered a fierce debate about motherhood, child-bearing, and the relationship between procreation, science and commerce. These two cases exemplified the debate regarding domestic surrogacy - a debate that has now been raging for decades. Contrary to the well-known ...


A Battle Of The Amendments: Why Ending Discrimination In The Courtroom May Inhibit A Criminal Defendant’S Right To An Impartial Jury, Gina M. Chiappetta 2015 Fordham University School of Law

A Battle Of The Amendments: Why Ending Discrimination In The Courtroom May Inhibit A Criminal Defendant’S Right To An Impartial Jury, Gina M. Chiappetta

Fordham Law Review

Since the U.S. Supreme Court began limiting the exercise of peremptory challenges to safeguard potential jurors from discrimination, it has faced a nearly impossible task. The Court has attempted to safeguard a juror’s equal protection rights without eradicating the peremptory challenge’s ability to preserve a criminal defendant’s right to an impartial jury. Under the current legal framework, it is not certain whether either constitutional right is adequately protected. This Note examines the history of the Supreme Court’s limitation on peremptory challenges. It then discusses the current federal circuit split over whether peremptory challenges should be ...


What’S Hud Got To Do With It?: How Hud’S Disparate Impact Rule May Save The Fair Housing Act’S Disparate Impact Standard, William F. Fuller 2015 Fordham University School of Law

What’S Hud Got To Do With It?: How Hud’S Disparate Impact Rule May Save The Fair Housing Act’S Disparate Impact Standard, William F. Fuller

Fordham Law Review

Since 2011, the U.S. Supreme Court has granted certiorari three times on the question of whether disparate impact liability is cognizable under the Fair Housing Act (FHA). The first two times, the parties settled. The question is before the Court once again in Texas Department of Housing & Community Affairs v. Inclusive Communities Project, Inc., and this time the parties seem unlikely to settle.

Disparate impact liability in the civil rights context entails liability for actions that have a discriminatory effect, regardless of an actor’s motive. Under the FHA, this can translate into liability for actions that make housing ...


Riley V. California: A Pyrric Victory For Privacy, Adam Lamparello 2015 Indiana Tech Law School

Riley V. California: A Pyrric Victory For Privacy, Adam Lamparello

Adam Lamparello

In Riley v. California, the United States Supreme Court ushered privacy protections into the digital era and signaled that the Fourth Amendment would not become a constitutional afterthought. The Court unanimously held that, absent exigent circumstances, law enforcement officers could not search any area of an arrestee’s cell phone, including the outgoing call log, without a warrant and probable cause. At first glance, Riley appears to be a landmark decision in favor of individual privacy rights. As with most things, however, the devil is in the details, and the details in Riley make any celebration over the seemingly enhanced ...


Digital Commons powered by bepress