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

Civil Rights and Discrimination Commons

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

6,281 Full-Text Articles 4,274 Authors 2,370,728 Downloads 150 Institutions

All Articles in Civil Rights and Discrimination

Faceted Search

6,281 full-text articles. Page 1 of 120.

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 ...


From Baby M To Baby M(Anji): Regulating International Surrogacy Agreements, yehezkel Margalit 2016 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 ...


Bridging The Gap Between Intent And Status: A New Framework For Modern Parentage, yehezkel Margalit 2016 SelectedWorks

Bridging The Gap Between Intent And Status: A New Framework For Modern Parentage, Yehezkel Margalit

Hezi Margalit

The last few decades have witnessed dramatic changes in the conceptualization and methodologies of determining legal parentage in the U.S. and other countries in the western world. Through various sociological shifts, growing social openness and bio-medical innovations, the traditional definitions of family and parenthood have been dramatically transformed. This transformation has led to an acute and urgent need for legal and social frameworks to regulate the process of determining legal parentage. Moreover, instead of progressing in a piecemeal, ad-hoc manner, the framework for determining legal parentage should be comprehensive. Only a comprehensive solution will address the differing needs of ...


Advocacy For Marriage Equality: The Power Of A Broad Historical Narrative During A Transitional Period In Civil Rights, Charles R. Calleros 2016 Arizona State University

Advocacy For Marriage Equality: The Power Of A Broad Historical Narrative During A Transitional Period In Civil Rights, Charles R. Calleros

Charles R. Calleros

Previous civil rights movements in the United States define broad historical patterns that form a narrative helpful to a proper understanding of new controversies. In essence, as a society we often could benefit from a reminder that our actions today will form the history for future generations, who will judge us with benefit of hindsight and a broader perspective. With each new civil rights controversy, we owe it to ourselves and to the victims of discrimination to ask whether we are once again in a period of transition, where conventional mores will soon sound as jarring as Justice Bradley’s ...


What Diversity Contributes To Equal Opportunity, Stephen M. Rich 2015 University of Southern California Gould School of Law

What Diversity Contributes To Equal Opportunity, Stephen M. Rich

University of Southern California Legal Studies Working Paper Series

The ideal of diversity so pervades American public life that we now speak of diversity where we once spoke of equality. This Article rejects the dominant legal conception of diversity found in equal protection jurisprudence but not the relevance of diversity to the project of equal opportunity. In Grutter v. Bollinger, the Supreme Court endorsed diversity as a compelling governmental interest capable of justifying the use of racial preferences in public university admissions. However, rather than quieting public controversies about affirmative action, the decision has been a frequent target of legal and political attack, and its narrow focus on educational ...


One Law Of Race?, Stephen M. Rich 2015 University of Southern California Gould School of Law

One Law Of Race?, Stephen M. Rich

University of Southern California Legal Studies Working Paper Series

Is race discrimination a single social phenomenon, and, if it is, why not govern it by a single legal rule? The temptation to conform constitutional and statutory standards in race equality law is powerful and appears to have captured the imagination of the Supreme Court in several of its most recent decisions. Historically, the Court’s decisions in this area have sometimes promoted convergence between constitutional and statutory standards, often by using constitutional precedents to resolve issues of statutory interpretation. At other times, they have promoted divergence, by honoring the authority of political institutions to establish equality norms that exceed ...


Inferred Classifications, Stephen M. Rich 2015 University of Southern California Gould School of Law

Inferred Classifications, Stephen M. Rich

University of Southern California Legal Studies Working Paper Series

This Article discusses a fundamental problem in constitutional law, namely that equal protection doctrine commands strict scrutiny of all racial classifications but does not specify what constitutes a racial classification. This omission has left many public institutions and legal scholars to assume that a racial classification must be explicit in order to receive strict scrutiny. This assumption, however, is false. The Article proposes the concept of “inferred classifications” to describe instances in which the Supreme Court has inferred racial classifications from the form and practical effect of facially neutral legislation. The assumption that racial classifications must be explicit is driven ...


Inside The Caucus: An Empirical Analysis Of Mediation From Within, Daniel M. Klerman, Lisa Klerman 2015 USC Law School

Inside The Caucus: An Empirical Analysis Of Mediation From Within, Daniel M. Klerman, Lisa Klerman

University of Southern California Legal Studies Working Paper Series

This article provides a glimpse into the worlds of mediation and settlement negotiation. Because they are almost always private, there has been relatively little empirical analysis of the dynamics of settlement or mediation. This article analyzes a unique data set derived from a mediator’s contemporaneous notes of mediations involving employment disputes, such as claims of discrimination or wrongful termination. Although the data set includes over four hundred cases, since they were all mediated by a single mediator, this article can be viewed as a case study. Among the most interesting facts uncovered by this analysis are the following. Mediation ...


Intestacy Concerns For Same-Sex Couples: How Variations In State Law And Policy Affect Testimentary Wishes, Megan Moser 2015 Seattle University School of Law

Intestacy Concerns For Same-Sex Couples: How Variations In State Law And Policy Affect Testimentary Wishes, Megan Moser

Seattle University Law Review

As the number of same-sex couples increases in the United States, concerns regarding the evolution of federal and state law, with respect to rights for same-sex couples, also continue to rise. As marriage is not always available to same-sex couples, they often face very different legal issues than couples in a traditional marriage. Because marriage is typically not a legal cause of action, the question of a marriage’s validity often arises incidentally to another legal question, such as the disposition of a decedent’s estate.


Justice Kennedy's Decision In Obergefell: A Sad Day For The Judiciary, Adam Lamparello 2015 Indiana Tech Law School

Justice Kennedy's Decision In Obergefell: A Sad Day For The Judiciary, Adam Lamparello

Adam Lamparello

Same-sex couples have a constitutional right to marriage under the Equal Protection Clause, not under Justice Kennedy’s self-serving and ever-changing definition of liberty. The long-term impact of Kennedy’s decision will be to the Court’s institutional legitimacy. Chief Justice Roberts emphasized that the legitimacy of this Court ultimately rests “upon the respect accorded to its judgments,” which is based on the perception—and reality—that we exercise humility and restraint in deciding cases according to the Constitution and law.” Justice Kennedy’s decision eschewed these values, giving the Court the power to discover “new dimensions of freedom,” and ...


Maximizing Inclusionary Zoning’S Contributions To Both Affordable Housing And Residential Integration, Tim Iglesias 2015 University of San Francisco, School of Law

Maximizing Inclusionary Zoning’S Contributions To Both Affordable Housing And Residential Integration, Tim Iglesias

Tim Iglesias

Inclusionary zoning is a popular policy that can uniquely serve both affordable housing and fair housing goals at the same time. Assuming the U.S. Department of Housing and Urban Development finalizes its proposed “Affirmatively Furthering Fair Housing” regulation, inclusionary zoning will become more broadly used. But more extensive use of inclusionary zoning poses both opportunities and risks for housing advocates because of the following three issues: (1) Unacknowledged tradeoffs between affordable housing and fair housing goals in inclusionary zoning design and implementation; (2) Conflicting concepts of residential integration; and (3) Legal challenges to inclusionary zoning. The challenge facing inclusionary ...


Reflections And Analysis (Transcript), Lavon Morris-Grant, Eesha Pandit, Rosana Araujo, Reina Fernández, Reyna Gómez 2015 University of Miami Law School

Reflections And Analysis (Transcript), Lavon Morris-Grant, Eesha Pandit, Rosana Araujo, Reina Fernández, Reyna Gómez

University of Miami Race & Social Justice Law Review

No abstract provided.


Gender Neutrality And The “Violence Against Women” Frame, Julie Goldscheid 2015 University of Miami Law School

Gender Neutrality And The “Violence Against Women” Frame, Julie Goldscheid

University of Miami Race & Social Justice Law Review

No abstract provided.


Panel On Colonization, Culture, And Resistance (Transcript), Sarah Deer, Zanita Fenton (moderator), Val Kalei Kanuha, Eesha Pandit 2015 University of Miami Law School

Panel On Colonization, Culture, And Resistance (Transcript), Sarah Deer, Zanita Fenton (Moderator), Val Kalei Kanuha, Eesha Pandit

University of Miami Race & Social Justice Law Review

No abstract provided.


Panel On Problematizing Assumptions About Gender Violence (Transcript), Rashmi Goel, Tamara Lave, Elizabeth MacDowell, Adele Morrison 2015 University of Miami Law School

Panel On Problematizing Assumptions About Gender Violence (Transcript), Rashmi Goel, Tamara Lave, Elizabeth Macdowell, Adele Morrison

University of Miami Race & Social Justice Law Review

No abstract provided.


Panel On Intersections Of Gender, Economic, Racial, And Indigenous (In) Justice (Transcript), Margaret Johnson, James Ptacek (moderator), Nicole Matthews, Hillary Potter 2015 University of Miami Law School

Panel On Intersections Of Gender, Economic, Racial, And Indigenous (In) Justice (Transcript), Margaret Johnson, James Ptacek (Moderator), Nicole Matthews, Hillary Potter

University of Miami Race & Social Justice Law Review

No abstract provided.


Plenary 3—Harms Of Criminalization And Promising Alternatives (Transcript), Mimi Kim, Donna Coker (moderator), sujatha baliga, Alisa Bierria 2015 University of Miami Law School

Plenary 3—Harms Of Criminalization And Promising Alternatives (Transcript), Mimi Kim, Donna Coker (Moderator), Sujatha Baliga, Alisa Bierria

University of Miami Race & Social Justice Law Review

No abstract provided.


Panel On Alternatives To The Crime-Centered Approach To Gender Violence (Transcript), C. Quince Hopkins, Staci Haines, Tiloma Jayasinghe, Andrew Sta. Ana 2015 University of Miami Law School

Panel On Alternatives To The Crime-Centered Approach To Gender Violence (Transcript), C. Quince Hopkins, Staci Haines, Tiloma Jayasinghe, Andrew Sta. Ana

University of Miami Race & Social Justice Law Review

No abstract provided.


Panel On The Possibilities And Limits Of Criminal Justice Reform (Transcript), Michelle Kaminsky, Leigh Goodmark, Connie Burk, Sandra S. Park 2015 University of Miami Law School

Panel On The Possibilities And Limits Of Criminal Justice Reform (Transcript), Michelle Kaminsky, Leigh Goodmark, Connie Burk, Sandra S. Park

University of Miami Race & Social Justice Law Review

No abstract provided.


Equal Protection For Survivors Of Gender-Based Violence: From Criminalization To Law Enforcement Accountability, Sandra S. Park 2015 University of Miami Law School

Equal Protection For Survivors Of Gender-Based Violence: From Criminalization To Law Enforcement Accountability, Sandra S. Park

University of Miami Race & Social Justice Law Review

No abstract provided.


Digital Commons powered by bepress