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

Civil Rights and Discrimination Commons

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

9554 Full-Text Articles 6005 Authors 3954086 Downloads 179 Institutions

All Articles in Civil Rights and Discrimination

Faceted Search

9554 full-text articles. Page 1 of 228.

Climate Change, Development, And The Global Commons, Robert J. Brecha 2017 University of Dayton

Climate Change, Development, And The Global Commons, Robert J. Brecha

The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy

An important link between energy, climate change, human development, and human rights comes in the form of a question that has yet to be answered satisfactorily: The earth’s atmosphere and other physical systems are the ultimate example of the global commons. Do future generations have a human right to an unchanged earth system? Sustainable Development Goals 13, 14, and 15 imply an affirmative answer. Given that climate scientists have a good estimate of the amount of carbon dioxide that can be emitted before the safe uptake capacity of the atmosphere is breached, how do we allocate that remaining atmospheric ...


Encounters With Climate Change: How Sdg 13 Can Move From Awareness To Action, Rebecca C. Potter 2017 University of Dayton

Encounters With Climate Change: How Sdg 13 Can Move From Awareness To Action, Rebecca C. Potter

The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy

In a well-known passage from his book I and Thou, Martin Buber relates his encounter with a tree: “I contemplate a tree,” he writes, and then lists the various ways he could perceive the tree, as an artist or biologist, as someone interested in the trees parts and construction or interested in its function as a living system. But in all cases, Buber observes, “the tree remains my object and has its place and its time span, its kind and condition.”

Yet sometimes, “if will and grace are conjoined,” Buber describes being drawn into a relation with the tree wherein ...


Democratic Civic Engagement: Transformative Local, Inclusive Decision-Making To Achieve Global Peace And Climate Solutions, Leah Ceperley 2017 University of Dayton

Democratic Civic Engagement: Transformative Local, Inclusive Decision-Making To Achieve Global Peace And Climate Solutions, Leah Ceperley

The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy

The UN Sustainable Development Goals call for action on Climate (No. 13) and Strengthening Governance (No. 16) as imperative to transform our world toward one that is resilient, just, and peaceful. Climate change is a global problem, marked frequently in the U.S. by indifference, with far-reaching impacts disproportionately burdening the poor and vulnerable worldwide. Global in scope, its sources, impacts, and fields of action are local. Combating indifference at the local level can strengthen local governance structures, build trust across ideological divides, and shift the conversation from indifference to action.

Using an example from a University of Dayton-sponsored National ...


Hackers Made Me Lose My Job!: Health Data Privacy And Its Potentially Devastating Effect On The Lgbtq Population, Alex Lemberg 2017 Golden Gate University School of Law

Hackers Made Me Lose My Job!: Health Data Privacy And Its Potentially Devastating Effect On The Lgbtq Population, Alex Lemberg

Golden Gate University Law Review

This Comment shows that because of an increasing rate and severity of data breaches, insufficient legal recourse for affected individuals, and lack of incentives for healthcare companies to strengthen their data security systems, leaked healthcare data will cause the substantive due process right of privacy of LGBTQ individuals to be disenfranchised. Because sexual orientation and gender identity are unprotected by heightened scrutiny under federal due process and equal protection jurisprudence, additional protections must be created for LGBTQ people. These protections should include a new legal right in tort under the Health Information Portability and Accountability Act of 1996 (HIPAA), increase ...


Tragedy, Outrage & Reform: Crimes That Changed Our World: 1963 – Birmingham Church Bombing – Civil Rights, Paul H. Robinson, Sarah M. Robinson 2017 University of Pennsylvania Law School

Tragedy, Outrage & Reform: Crimes That Changed Our World: 1963 – Birmingham Church Bombing – Civil Rights, Paul H. Robinson, Sarah M. Robinson

Faculty Scholarship

Can a crime make our world better? Crimes are the worst of humanity’s wrongs but, oddly, they sometimes do more than anything else to improve our lives. As it turns out, it is often the outrageousness itself that does the work. Ordinary crimes are accepted as the background noise of our everyday existence but some crimes make people stop and take notice – because they are so outrageous, or so curious, or so heart-wrenching. These “trigger crimes” are the cases that this book is about.

They offer some incredible stories about how people, good and bad, change the world around ...


Tragedy, Outrage & Reform: Crimes That Changed Our World: 1983 – Thurman Beating - Domestic Violence, Paul H. Robinson, Sarah M. Robinson 2017 University of Pennsylvania Law School

Tragedy, Outrage & Reform: Crimes That Changed Our World: 1983 – Thurman Beating - Domestic Violence, Paul H. Robinson, Sarah M. Robinson

Faculty Scholarship

Can a crime make our world better? Crimes are the worst of humanity’s wrongs but, oddly, they sometimes do more than anything else to improve our lives. As it turns out, it is often the outrageousness itself that does the work. Ordinary crimes are accepted as the background noise of our everyday existence but some crimes make people stop and take notice – because they are so outrageous, or so curious, or so heart-wrenching. These “trigger crimes” are the cases that this book is about.

They offer some incredible stories about how people, good and bad, change the world around ...


Contemplating Masterpiece Cakeshop, Terri R. Day, Danielle Weatherby 2017 Barry University School of Law

Contemplating Masterpiece Cakeshop, Terri R. Day, Danielle Weatherby

Washington and Lee Law Review Online

Next term, in Masterpiece Cakeshop v. Colorado Civil Rights Commission, the Supreme Court will consider whether a baker’s religious objection to same-sex marriage justifies his violation of Colorado’s public accommodation law in refusing to bake a cake for a same-sex wedding. At the centerpiece of Masterpiece Cakeshop is a clash between the First Amendment’s Free Exercise Clause and the Fourteenth Amendment’s Equal Protection Clause or, more precisely, the principles of equality in commercial life as grounded in Colorado’s public accommodation law. In exploring the purpose inherent in regulating private conduct through public accommodation laws ...


Gonzalez V. Douglas Trial Transcript Of Proceedings, Day 3, Steven A. Reiss, Luna N. Barrington, David Fitzmaurice, Richard M. Martinez, Robert Chang, James W. Quinn 2017 Weil Gotshal & Manges LLP

Gonzalez V. Douglas Trial Transcript Of Proceedings, Day 3, Steven A. Reiss, Luna N. Barrington, David Fitzmaurice, Richard M. Martinez, Robert Chang, James W. Quinn

Fred T. Korematsu Center for Law and Equality

Gonzalez v. Douglas


A Diverse Student Body Without Student Bodies?: Online Classrooms And Affirmative Action, Ryan H. Nelson 2017 Pepperdine University

A Diverse Student Body Without Student Bodies?: Online Classrooms And Affirmative Action, Ryan H. Nelson

Pepperdine Law Review

America’s public universities engage students in myriad classroom environments that range from traditional, entirely-in-person classroom environments to entirely-online, virtual classrooms, with every shade of grey in between. These varied learning environments pose a fascinating question with respect to the ways such universities use affirmative action in admissions. In Grutter v. Bollinger, the United States Supreme Court held that “student body diversity is a compelling state interest that can justify the use of race in university admissions.” Indeed, student body diversity remains one of the few “compelling interests” that the Court has held satisfies the constitutional imperative that the “government ...


Gonzalez V. Douglas Closing Argument Powerpoint Presentation, Steven A. Reiss, Luna N. Barrington, David Fitzmaurice, Richard M. Martinez, Robert Chang, James W. Quinn 2017 Weil Gotshal & Manges LLP

Gonzalez V. Douglas Closing Argument Powerpoint Presentation, Steven A. Reiss, Luna N. Barrington, David Fitzmaurice, Richard M. Martinez, Robert Chang, James W. Quinn

Fred T. Korematsu Center for Law and Equality

Gonzalez v. Douglas


Gonzalez V. Douglas Trial Transcript Of Proceedings, Day 10, Steven A. Reiss, Luna N. Barrington, David Fitzmaurice, Richard M. Martinez, Robert Chang, James W. Quinn 2017 Weil Gotshal & Manges LLP

Gonzalez V. Douglas Trial Transcript Of Proceedings, Day 10, Steven A. Reiss, Luna N. Barrington, David Fitzmaurice, Richard M. Martinez, Robert Chang, James W. Quinn

Fred T. Korematsu Center for Law and Equality

Gonzalez v. Douglas


Gonzalez V. Douglas Trial Transcript Of Proceedings, Day 9, Steven A. Reiss, Luna N. Barrington, David Fitzmaurice, Richard M. Martinez, Robert Chang, James W. Quinn 2017 Weil Gotshal & Manges LLP

Gonzalez V. Douglas Trial Transcript Of Proceedings, Day 9, Steven A. Reiss, Luna N. Barrington, David Fitzmaurice, Richard M. Martinez, Robert Chang, James W. Quinn

Fred T. Korematsu Center for Law and Equality

Gonzalez v. Douglas


Gonzalez V. Douglas Trial Transcript Of Proceedings, Day 8, Steven A. Reiss, Luna N. Barrington, David Fitzmaurice, Richard M. Martinez, Robert Chang, James W. Quinn 2017 Weil Gotshal & Manges LLP

Gonzalez V. Douglas Trial Transcript Of Proceedings, Day 8, Steven A. Reiss, Luna N. Barrington, David Fitzmaurice, Richard M. Martinez, Robert Chang, James W. Quinn

Fred T. Korematsu Center for Law and Equality

Gonzalez v. Douglas


Gonzalez V. Douglas Trial Transcript Of Proceedings, Day 7, Steven A. Reiss, Luna N. Barrington, David Fitzmaurice, Richard M. Martinez, Robert Chang, James W. Quinn 2017 Weil Gotshal & Manges LLP

Gonzalez V. Douglas Trial Transcript Of Proceedings, Day 7, Steven A. Reiss, Luna N. Barrington, David Fitzmaurice, Richard M. Martinez, Robert Chang, James W. Quinn

Fred T. Korematsu Center for Law and Equality

Gonzalez v. Douglas


Gonzalez V. Douglas Trial Transcript Of Proceedings, Day 6, Steven A. Reiss, Luna N. Barrington, David Fitzmaurice, Richard M. Martinez, Robert Chang, James W. Quinn 2017 Weil Gotshal & Manges LLP

Gonzalez V. Douglas Trial Transcript Of Proceedings, Day 6, Steven A. Reiss, Luna N. Barrington, David Fitzmaurice, Richard M. Martinez, Robert Chang, James W. Quinn

Fred T. Korematsu Center for Law and Equality

Gonzalez v. Douglas


Beyond "Best Practices": Employment-Discrimination Law In The Neoliberal Era, Deborah Dinner 2017 Emory University

Beyond "Best Practices": Employment-Discrimination Law In The Neoliberal Era, Deborah Dinner

Indiana Law Journal

Why does U.S. legal culture tolerate unprecedented economic inequality even as it valorizes social equality along identity lines? This Article takes a significant step toward answering this question by examining the relationship between U.S. employment-discrimination law and neoliberalism. It shows that the rise of anti-discrimination ideals in the late twentieth century was intertwined with the de-regulation of labor and with cutbacks in the welfare state. The Article argues that even “best practices” to prevent employment discrimination are insufficient to realize a labor market responsive to the needs of low-income workers for adequate wages, safe work conditions, and work ...


Dissenting From History: The False Narratives Of The Obergefell Dissents, Christopher R. Leslie 2017 University of California - Irvine

Dissenting From History: The False Narratives Of The Obergefell Dissents, Christopher R. Leslie

Indiana Law Journal

According to a quote attributed to numerous philosophers and political leaders, “History is written by victors.”1 In the legal battle over same-sex marriage, those opposed to marriage equality have attempted to disprove this age-old adage. In response to the majority opinion in Obergefell v. Hodges—which held that state laws banning same-sex marriage violate the Fourteenth Amendment—each of the four dissenting Justices issued his own dissenting opinion. Every one of these dissents misrepresented the circumstances and precedent leading up to the Obergefell decision. Collectively, the Obergefell dissenters have valiantly tried to rewrite America’s legal, constitutional, and social ...


2016-2017 Georgia State University Law Review Symposium: Exploring The Right To Die In The U.S., Margaret Pabst Battin 2017 University of Utah

2016-2017 Georgia State University Law Review Symposium: Exploring The Right To Die In The U.S., Margaret Pabst Battin

Georgia State University Law Review

This transcript is a reproduction of the Keynote Presentation at the 2016–2017 Georgia State University Law Review Symposium on November 11, 2016. Margaret Battin, is a Distinguished Professor of Philosophy and Adjust Professor of Internal Medicine at the University of Utah.


Unbefriended And Unrepresented: Better Medical Decision Making For Incapacitated Patients Without Healthcare Surrogates, Thaddeus Mason Pope 2017 Mitchell Hamline School of Law

Unbefriended And Unrepresented: Better Medical Decision Making For Incapacitated Patients Without Healthcare Surrogates, Thaddeus Mason Pope

Georgia State University Law Review

The purpose of this Article is to help improve the quality of healthcare decision making for the unbefriended. I hope that this comprehensive and systematic explanation of both the problem and the available solutions will empower both public and clinical policymakers to develop more informed and more circumspect policies and procedures


Utilizing Title Vi As A Means To Eradicate Health Discrimination, Adrian D. Samuels, Mariah L. Cole 2017 Meharry Medical College

Utilizing Title Vi As A Means To Eradicate Health Discrimination, Adrian D. Samuels, Mariah L. Cole

Journal of Health Disparities Research and Practice

Health disparities among people of color are persistent and detrimental to the overall wellness of these groups. Discrimination in the provision of health care services is one of the primary causes of health disparities. Title VI of the Civil Rights Act of 1964’s availability as a tool to prevent discrimination and, in turn, disparities among these groups is underdocumented. The legislative intent of Title VI and the historical context of the law have been helpful in its use outside of the health care arena to prevent discrimination. This sheds light on the ways that the law can influence the ...


Digital Commons powered by bepress