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

Civil Rights and Discrimination Commons

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

8800 Full-Text Articles 5497 Authors 2976940 Downloads 155 Institutions

All Articles in Civil Rights and Discrimination

Faceted Search

8800 full-text articles. Page 1 of 207.

Gendering Disability To Enable Disability Rights Law, Michelle Travis 2016 University of San Francisco

Gendering Disability To Enable Disability Rights Law, Michelle Travis

Michelle A. Travis

This Article expands the social model of disability by analyzing the interaction between disability and gender. The modern disability rights movement is built upon the social model, which understands disability not as an inherent personal deficiency but as the product of the environment with which an impairment interacts. The social model is reflected in the accommodation mandate of the Americans with Disabilities Act of 1990 ("ADA"), which holds employers responsible for the limiting aspects of their workplace design. This Article shows that the limitations imposed upon impairments result not only from physical aspects of a workplace but also from other ...


Disaggregating Corpus Christi: The Illiberal Implications Of Hobby Lobby's Right To Free Exercise, Katharine Jackson 2016 Columbia University

Disaggregating Corpus Christi: The Illiberal Implications Of Hobby Lobby's Right To Free Exercise, Katharine Jackson

Katharine Jackson

This paper first examines and critiques the group rights to religious exercise derived from the three ontologies of the corporation suggested by different legal conceptions of corporate personhood often invoked by Courts. Finding the implicated groups rights inimical to individual religious freedom, the paper then presents an argument as to why a discourse of intra-corporate toleration and voluntariness does a better job at protecting religious liberty.


Obscenity In The Mails; Privileged Communications; The Law Against Contraceptives; The Rights Of Prisoners, 2016 St. John's University School of Law

Obscenity In The Mails; Privileged Communications; The Law Against Contraceptives; The Rights Of Prisoners

The Catholic Lawyer

No abstract provided.


Justice; Mater Et Magistra; Civil Rights; Zoning; Sociological Jurisprudence; Mr. Justice Brennan; Business Ethics, 2016 St. John's University School of Law

Justice; Mater Et Magistra; Civil Rights; Zoning; Sociological Jurisprudence; Mr. Justice Brennan; Business Ethics

The Catholic Lawyer

No abstract provided.


The Vow Of Poverty And Its Civil Law Implications, Romaeus W. O'Brien, O. Carm. 2016 St. John's University School of Law

The Vow Of Poverty And Its Civil Law Implications, Romaeus W. O'Brien, O. Carm.

The Catholic Lawyer

No abstract provided.


Recent Decisions: Discrimination In Housing, 2016 St. John's University School of Law

Recent Decisions: Discrimination In Housing

The Catholic Lawyer

No abstract provided.


Human Rights Treaty Drafting Through The Lens Of Mental Disability: The Proposed International Convention On Protection And Promotion Of The Rights And Dignity Of Persons With Disabilities, Aaron A. Dhir 2016 New York University School of Law

Human Rights Treaty Drafting Through The Lens Of Mental Disability: The Proposed International Convention On Protection And Promotion Of The Rights And Dignity Of Persons With Disabilities, Aaron A. Dhir

Aaron A. Dhir

In this piece I explore whether, if established, the proposed International Convention on Protection and Promotion of the Rights and Dignity of Persons with Disabilities will be an effective way to limit abuses of the rights of persons diagnosed with mental disabilities. In Section I, I discuss the failure of international human rights law to effectively address these abuses to date. In Section II, I consider the debate surrounding the need for a disability-specific Convention. In Section III, I argue that in order for the proposed Convention to be effective, and not simply a hollow mechanism, it must reject the ...


Performing History: Remembering Paul Robeson And The Peekskill Riots Through Tayo Aluko’S Call Mr. Robeson, Mark Alan Rhodes II 2016 Kent State University - Kent Campus

Performing History: Remembering Paul Robeson And The Peekskill Riots Through Tayo Aluko’S Call Mr. Robeson, Mark Alan Rhodes Ii

Excellence in Performing Arts Research

In 1949 Paul Robeson (with support from Pete Seeger, Woodie Guthrie, Howard Fast, and others) attempted to and then successfully held a civil and workers’ rights concert in Peekskill, New York. Marring these performances, however, were protests that turned progressively violent. These violent protests have come to be known as the Peekskill Riots and serve as a major milestone in the nation’s history surrounding protest, music, politics, and Paul Robeson. This paper reflects on this relationship, particularly how it is being remembered today. Through field research, including participant observation, interviews, landscape analysis, and primary and secondary archival research, I ...


The Fine Line Employers Walk: Is It A Justified Business Practice, Or Discrimination?, Michelle Y. DiMaria 2016 American University Washington College of Law

The Fine Line Employers Walk: Is It A Justified Business Practice, Or Discrimination?, Michelle Y. Dimaria

Labor & Employment Law Forum

No abstract provided.


Addressing The Ethical, Legal, And Social Issues Raised By Voting By Persons With Dementia, Jason H. Karlawish, Richard J. Bonnie, Paul S. Appelbaum, Constantine Lyketsos, Bryan James, David Knopman, Christopher Patusky, Rosalie A. Kane, Pamela S. Karlan 2016 University of Pennsylvania

Addressing The Ethical, Legal, And Social Issues Raised By Voting By Persons With Dementia, Jason H. Karlawish, Richard J. Bonnie, Paul S. Appelbaum, Constantine Lyketsos, Bryan James, David Knopman, Christopher Patusky, Rosalie A. Kane, Pamela S. Karlan

Bryan G Kane MD

This article addresses an emerging policy problem in the United States participation in the electoral process by citizens with dementia. At present, health care professionals, family caregivers, and long-term care staff lack adequate guidance to decide whether individuals with dementia should be precluded from or assisted in casting a ballot. Voting by persons with dementia raises a series of important questions about the autonomy of individuals with dementia, the integrity of the electoral process, and the prevention of fraud. Three subsidiary issues warrant special attention: development of a method to assess capacity to vote; identification of appropriate kinds of assistance ...


Going Against The Grain Of The Status Quo: Hopeful Reformations To Sex Offender Civil Commitment In Minnesota—Karsjens V. Jesson, Joanna Woolman, Jennifer K. Anderson 2016 Mitchell Hamline School of Law

Going Against The Grain Of The Status Quo: Hopeful Reformations To Sex Offender Civil Commitment In Minnesota—Karsjens V. Jesson, Joanna Woolman, Jennifer K. Anderson

Mitchell Hamline Law Review

No abstract provided.


Marriage, Abortion And Coming Out, Sylvia A. Law, Scott Skinner-Thompson, Hugh Baran 2016 NYU School of Law

Marriage, Abortion And Coming Out, Sylvia A. Law, Scott Skinner-Thompson, Hugh Baran

New York University Public Law and Legal Theory Working Papers

Over the past two decades, legal protections for lesbian, gay, and bisexual individuals have dramatically expanded. Simultaneously, meaningful access to reproductive choice for women has been eroded. What accounts for the different trajectories of LGBTQ rights and reproductive rights?

This Essay argues that one explanation — or at least partial explanation — for the advance of LGBTQ rights relative to reproductive rights is the differing degree to which individuals have come out about their experiences with sexuality compared to coming out about experiences with unplanned pregnancies. In particular, as catalogued in this Essay, popular media portrayals of lesbian and gay individuals have ...


An Opening For Civil Rights In Health Insurance After The Affordable Care Act, Valarie K. Blake 2016 West Virginia University College of Law

An Opening For Civil Rights In Health Insurance After The Affordable Care Act, Valarie K. Blake

Boston College Journal of Law & Social Justice

Section 1557, the civil rights provision of the Affordable Care Act (“ACA”), is unmatched in its reach, widely applying race, gender, disability, and age discrimination protections across all areas of healthcare. This Article will explore the value added of a civil rights approach to combating health insurance discrimination when combined with other ACA anti-discrimination efforts that were designed to regulate the health insurance market. It will emphasize the role that section 1557 can play in combatting healthcare disparities and will explore the utility of disparate impact and disparate treatment claims to those cases. Lastly, the Article will posit that two ...


A New Constitutive Commitment To Water, Sharmila L. Murthy 2016 Suffolk University Law School

A New Constitutive Commitment To Water, Sharmila L. Murthy

Boston College Journal of Law & Social Justice

Cass Sunstein coined the term “constitutive commitment” to refer to an idea that falls short of a constitutional right but that has attained near-constitutional significance. This Article argues that access to safe and affordable water for drinking, hygiene, and sanitation has attained this status and that national legislation is needed to realize this new constitutive commitment. Following the termination of water to thousands of households in Detroit, residents and community organizations filed an adversary complaint in Detroit’s bankruptcy proceedings seeking a six-month moratorium on the disconnections. The bankruptcy court dismissed the case, accurately finding that “there is no constitutional ...


The Trouble With Racial Quotas In Disparate Impact Remedial Orders, Wencong Fa 2016 College of William & Mary Law School

The Trouble With Racial Quotas In Disparate Impact Remedial Orders, Wencong Fa

William & Mary Bill of Rights Journal

Justice Scalia’s concurring opinion in Ricci v. DeStefano highlighted severe conceptual tensions between the Equal Protection Clause of the Fourteenth Amendment, which protects individuals from racial discrimination, and disparate impact liability, which protects racial groups from adverse effects. Last year’s Supreme Court decision in Texas Department of Housing & Community Affairs v. Inclusive Communities Project, Inc. suggested that disparate impact liability under the Fair Housing Act was constitutionally unproblematic because successful fair housing lawsuits over the past four decades have led to only race-neutral remedial orders enjoining the practice causing the disparate impact.

This Article analyzes the constitutionality of ...


Equal Protection For People With Disabilities, Robert L. Hayman, Daniel G. Atkins 2016 Community Legal Aid Society

Equal Protection For People With Disabilities, Robert L. Hayman, Daniel G. Atkins

Robert L. Hayman

No abstract provided.


It's Time To Commit To Sex Equality In Delaware, Alicia B. Kelly, Suzanne Moore 2016 ERANow

It's Time To Commit To Sex Equality In Delaware, Alicia B. Kelly, Suzanne Moore

Alicia B. Kelly

No abstract provided.


The Elephant In The Room: Inequality, Rodney A. Smolla 2016 Widener University Delaware Law School

The Elephant In The Room: Inequality, Rodney A. Smolla

Rod Smolla

No abstract provided.


Immigration And Disability In The United States And Canada, Mark C. Weber 2016 DePaul University College of Law

Immigration And Disability In The United States And Canada, Mark C. Weber

Mark C. Weber

Disability arises from the dynamic between people’s physical and mental conditions and
the physical and attitudinal barriers in the environment. Applying this idea about
disability to United States and Canadian immigration law draws attention to barriers to
entry and eventual citizenship for individuals who have disabilities. Historically, North
American law excluded many classes of immigrants, including those with intellectual
disabilities, mental illness, physical defects, and conditions likely to cause dependency.
Though exclusions for individuals likely to draw excessive public resources and those
with communicable diseases still exist in Canada and the United States, in recent years
the United States ...


California's New Vagrancy Laws: The Growing Enactment And Enforcement Of Anti-Homeless Laws In The Golden State (2016 Update), Jeffrey Selbin 2016 UC Berkeley

California's New Vagrancy Laws: The Growing Enactment And Enforcement Of Anti-Homeless Laws In The Golden State (2016 Update), Jeffrey Selbin

Jeffrey Selbin

This report updates our 2015 study on the enactment and enforcement of anti-homeless laws in California (http://ssrn.com/abstract=2558944) with new ordinance data from cities and updated arrest data from the FBI’s Uniform Crime Reporting Program. We find that California cities are enacting and enforcing anti-homeless laws in record numbers. In contrast with historical post-recession trends, arrests of people who are homeless continue to rise in spite of an improving economy. Further, cities appear to be arresting people increasingly based on their homeless status as opposed to any concrete unlawful behavior.


Digital Commons powered by bepress