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

Civil Rights and Discrimination Commons

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

11,174 Full-Text Articles 6,920 Authors 4,281,156 Downloads 211 Institutions

All Articles in Civil Rights and Discrimination

Faceted Search

11,174 full-text articles. Page 1 of 275.

Workplace Bullying, Emotional Abuse And Harrassment In Fire Departments, John C. Griffith, Donna L. Roberts 2019 Embry-Riddle Aeronautical University

Workplace Bullying, Emotional Abuse And Harrassment In Fire Departments, John C. Griffith, Donna L. Roberts

John Griffith

Firefighters are heroes who save lives and protect property. They are highly revered in societies all around the world and perform under the most stressful of conditions. Drawing on literature from the United States (USA), this chapter reviews the culture, demographics and changing mission of the fire service as a backdrop to workplace harassment and bullying issues. The fire service has unique organizational dynamics that can lead to harassment and bullying and, at the same time, are the critical reasons for working to eliminate intentional and unintentional unfair treatment of women and minorities. Recent literature and studies show that the ...


Economic Empowerment In The Alabama Black Belt: A Transactional Law Clinic Theory And Model, Casey E. Faucon 2018 University of Alabama School of Law

Economic Empowerment In The Alabama Black Belt: A Transactional Law Clinic Theory And Model, Casey E. Faucon

Tennessee Journal of Race, Gender, & Social Justice

This essay argues that transactional legal clinics that serve university, urban, and rural communities with cultures and ecosystems shaped by the long-term impacts of racial segregation, Civil Rights, and socioeconomic disenfranchisement can play both a powerful symbolic role and a practical material role in regional economic development by providing direct client representation to historically and economically significant organizations and by training lawyers in transactional methods to use the law to impact the industrial identity and economic vitality of their communities. This essay concludes with a design for a transactional law clinic model.


I Could Turn You To Stone: Indigenous Blockades In An Age Of Climate Change, Patrick C. Canning 2018 Vancouver Island University / private practice lawyer

I Could Turn You To Stone: Indigenous Blockades In An Age Of Climate Change, Patrick C. Canning

The International Indigenous Policy Journal

Indigenous Peoples in Canada and around the world have, for years, used blockades and direct action when alternative means of asserting their rights have failed. The Secwépemc First Nation of British Columbia, Canada, has a myth where a character, Sk’elép, encounters strangers who try to “transform” him, but fail. He tells them he could turn them to stone, but he will not. This myth is used as a lens to reflect, from a settler perspective, on the potential for future Indigenous-led blockades, which could reach the point of mass economic shutdowns, in response to a lack of action on ...


Exited Prostitution Survivor Policy Platform, Marian Hatcher, Alisa L. Bernard, Allison Franklin, Audrey Morrissey, Beth Jacobs, Cherie Jimenez, Kathi Hardy, Marlene Carson, Nikki Bell, Rebecca Bender, Rebekah Charleston, Shamere McKenzie, Vednita Carter 2018 Cook County Sheriff's Office

Exited Prostitution Survivor Policy Platform, Marian Hatcher, Alisa L. Bernard, Allison Franklin, Audrey Morrissey, Beth Jacobs, Cherie Jimenez, Kathi Hardy, Marlene Carson, Nikki Bell, Rebecca Bender, Rebekah Charleston, Shamere Mckenzie, Vednita Carter

Dignity: A Journal on Sexual Exploitation and Violence

Survivors of prostitution propose a policy reform platform including three main pillars of priority: criminal justice reforms, fair employment, and standards of care. The sexual exploitation of prostituted individuals has lasting effects which can carry over into many aspects of life. In order to remedy these effects and give survivors the opportunity to live a full and free life, we must use a survivor-centered approach to each of these pillars to create change. First, reform is necessary in the criminal justice system to recognize survivors as victims of crime and not perpetrators, while holding those who exploited them fully responsible ...


Public Dollars, Private Discrimination: Protecting Lgbt Students From School Voucher Discrimination, Adam Mengler 2018 Fordham University School of Law

Public Dollars, Private Discrimination: Protecting Lgbt Students From School Voucher Discrimination, Adam Mengler

Fordham Law Review

More than a dozen states operate school voucher programs, which allow parents to apply state tax dollars to their children’s private school tuition. Many schools that participate in voucher programs are affiliated with religions that disapprove of homosexuality. As such, voucher-accepting schools across the country have admissions policies that discriminate against LGBT students and students with LGBT parents. Little recourse exists for students who suffer discrimination at the hands of voucher-accepting schools. This Note considers two ways to provide protection from such discrimination for LGBT students and ultimately argues that the best route is for an LGBT student to ...


The Disenfranchisement Of Ex-Felons In Florida: A Brief History, Sarah A. Lewis 2018 University of Florida Levin College of Law

The Disenfranchisement Of Ex-Felons In Florida: A Brief History, Sarah A. Lewis

UF Law Faculty Publications

This paper will explore the origins of Florida’s felony disenfranchisement laws in the period from 1865 to 1968. The first part of this paper will review the Thirteenth Amendment to the U.S. Constitution, which ended slavery, and the Florida Black Code, which sought to return freedmen to a slavery-like status. The second part of the paper will explore Florida’s reaction to the passage of the Reconstruction Act of 1867, which conditioned reentrance into the Union on the writing of new state constitutions by former Confederate states extending the right to vote to all males regardless of race ...


42 U.S.C. § 1981’S Equal Benefit Clause: Debating The Application To Private Actor Discrimination, Lauren Pope 2018 Northwestern Pritzker School of Law

42 U.S.C. § 1981’S Equal Benefit Clause: Debating The Application To Private Actor Discrimination, Lauren Pope

Northwestern Journal of Law & Social Policy

No abstract provided.


Is That Appropriate?: Clarifying The Idea's Free Appropriate Public Education Standard Post-Endrew F., Josh Cowin 2018 Northwestern Pritzker School of Law

Is That Appropriate?: Clarifying The Idea's Free Appropriate Public Education Standard Post-Endrew F., Josh Cowin

Northwestern University Law Review

The Individuals with Disabilities Education Act (IDEA) requires schools to provide all students who qualify for special education services with a free appropriate public education (FAPE). However, the IDEA does not specify how much substantive educational benefit students must be afforded in order to receive a FAPE, leaving this question for the courts. For over thirty years, courts split over the amount of educational benefit that school districts must provide to their special education students, leading to significant confusion and anxiety among parents and school officials regarding their legal rights. The Supreme Court sought to clarify this standard in Endrew ...


You Are Where You Eat: Discrimination In The National School Lunch Program, Anna Karnaze 2018 Northwestern Pritzker School of Law

You Are Where You Eat: Discrimination In The National School Lunch Program, Anna Karnaze

Northwestern University Law Review

The National School Lunch Program (NSLP) serves over thirty million children daily in over one hundred thousand schools across the United States. Though it is regulated at the federal level, state and local education agencies have a great deal of authority when it comes to actually implementing the NSLP. As a result, a number of schools nationwide have adopted practices that identify students who participate in the NSLP, which causes those students to experience stigmatization. This Note focuses on two of these practices: (1) the physical separation of paying and nonpaying students in the cafeteria, often resulting in de facto ...


Explicit Bias, Jessica A. Clarke 2018 Northwestern Pritzker School of Law

Explicit Bias, Jessica A. Clarke

Northwestern University Law Review

In recent decades, legal scholars have advanced sophisticated models for understanding prejudice and discrimination, drawing on disciplines such as psychology, sociology, and economics. These models explain how inequality is implicit in cognition and seamlessly woven into social structures. And yet, obvious, explicit, and overt forms of bias have not gone away. The law does not need empirical methods to identify bias when it is marching down the street in Nazi regalia, hurling misogynist invective, or trading in anti-Muslim stereotypes. Official acceptance of such prejudices may be uniquely harmful in normalizing discrimination. But surprisingly, many discrimination cases ignore explicit bias. Courts ...


A Study Of Six Nations Public Library: Rights And Access To Information, Alison Frayne 2018 The University of Western Ontario

A Study Of Six Nations Public Library: Rights And Access To Information, Alison Frayne

Electronic Thesis and Dissertation Repository

Contemporary Indigenous public libraries play a critical role in providing access to information in Indigenous communities. My research focuses on the relationship between rights and access to information for individuals and communities within the context of Indigenous public libraries. I use a qualitative case study methodology of the Six Nations Public Library (SNPL) in Ohsweken, Ontario, Canada. Interviews were conducted with SNPL patrons and library management and with off-reserve participants from government and library associations.

I analyse four themes, library governance, rights, library value and access to information, which are outcomes of the SNPL case study findings. This analysis reveals ...


Creating A Workplace Culture Of Civility And Respect: Preventing Unlawful Harassment And Discrimination, Rose Davenport 2018 University of New Mexico

Creating A Workplace Culture Of Civility And Respect: Preventing Unlawful Harassment And Discrimination, Rose Davenport

Shared Knowledge Conference

This research project identifies a plan to study best practices addressing unlawful workplace harassment and discrimination in New Mexico-based hospital healthcare systems. Initially, this project focusses on Presbyterian Healthcare Services and the University of New Mexico Hospital, with the possibility of including other local healthcare systems. In light of recent developments from “#MeToo” and “Time’s Up” movements, the issues of unlawful sexual harassment and discrimination are hot topics in today’s society and need to be more openly addressed by all levels of an organization, in order to identify these issues head-on and hopefully prevent them from continuing to ...


Rethinking Title Vii's Protections Against Sex Discrimination In An Employment Context, Tyler Corcoran 2018 University of Tennessee College of Law

Rethinking Title Vii's Protections Against Sex Discrimination In An Employment Context, Tyler Corcoran

Tennessee Journal of Law and Policy

No abstract provided.


287(G) Agreements In The Trump Era, Huyen Pham 2018 Texas A&M University School of Law

287(G) Agreements In The Trump Era, Huyen Pham

Washington and Lee Law Review

No abstract provided.


Expedited Removal And Due Process: “A Testing Crucible Of Basic Principle” In The Time Of Trump, Daniel Kanstroom 2018 Boston College Law School

Expedited Removal And Due Process: “A Testing Crucible Of Basic Principle” In The Time Of Trump, Daniel Kanstroom

Washington and Lee Law Review

No abstract provided.


Collective Shout's Victory Against Sexpo: A Win For Children's Rights, Caitlin Roper 2018 Collective Shout, Australia

Collective Shout's Victory Against Sexpo: A Win For Children's Rights, Caitlin Roper

Dignity: A Journal on Sexual Exploitation and Violence

This report is an account of the legal battle between Australian grassroots campaigning movement Collective Shout and Sexpo, the annual sex industry exhibition. Sexpo brought a lawsuit against Collective Shout after their campaign against Sexpo’s promotion of live-streamed porn shows on public buses servicing school routes. In April 2018, Sexpo’s application was dismissed, with Sexpo ordered to pay Collective Shout’s legal costs.


How The Feres Doctrine Prevents Cadets And Midshipmen Of Military-Service Academies From Achieving Justice For Sexul Assault, Katherine Shin 2018 Fordham University School of Law

How The Feres Doctrine Prevents Cadets And Midshipmen Of Military-Service Academies From Achieving Justice For Sexul Assault, Katherine Shin

Fordham Law Review

Sixty-seven years ago, Feres v. United States foreclosed service members from pursuing claims under the Federal Tort Claims Act (FTCA) for “injuries incident to their service.” The progeny of case law that has since developed, the basis for what is known as the Feres doctrine, expanded the scope of what the Feres Court originally articulated as an injury incident to service. Now, cadets and midshipmen of military-service academies who allege that the government (i.e., the administration of military-service academies) was negligent in handling their sexual assaults are precluded from bringing an FTCA claim because their injuries are classified as ...


A Genealogy Of Programmatic Stop And Frisk: The Discourse-To-Practice-Circuit, Frank Rudy Cooper 2018 University of Nevada, Las Vegas Boyd School of Law

A Genealogy Of Programmatic Stop And Frisk: The Discourse-To-Practice-Circuit, Frank Rudy Cooper

University of Miami Law Review

President Trump has called for increased use of the recently predominant policing methodology known as programmatic stop and frisk. This Article contributes to the field by identifying, defining, and discussing five key components of the practice: (1) administratively dictated (2) pervasive Terry v. Ohio stops and frisks (3) aimed at crime prevention by means of (4) data-enhanced profiles of suspects that (5) target young racial minority men.

Whereas some scholars see programmatic stop and frisk as solely the product of individual police officer bias, this Article argues for understanding how we arrived at specific police practices by analyzing three levels ...


After Life: Governmental Interests And The New Antiabortion Incrementalism, Mary Ziegler 2018 Florida State University College of Law.

After Life: Governmental Interests And The New Antiabortion Incrementalism, Mary Ziegler

University of Miami Law Review

In the aftermath of the Supreme Court’s decision in Whole Woman’s Health v. Hellerstedt, commentators have focused on the effect of antiabortion restrictions. But as this Article shows, Whole Woman’s Health is part of the story of an equally important tactic used by those chipping away at abortion rights: the recognition of new governmental interests justifying abortion regulations. Using original archival research, this Article traces the rise of this strategy and documents its influence on Supreme Court doctrine, making sense of what seem to be contradictory rulings on abortion.

How should courts deal with novel legislative purposes ...


Elizabeth Warren’S New Housing Proposal Is Actually A Brilliant Plan To Close The Racial Wealth Gap, Mehrsa Baradaran, Darrick Hamilton 2018 University of Georgia School of Law

Elizabeth Warren’S New Housing Proposal Is Actually A Brilliant Plan To Close The Racial Wealth Gap, Mehrsa Baradaran, Darrick Hamilton

Popular Media

Last month, Sen. Elizabeth Warren released a $450 billion housing plan called the American Housing and Economic Mobility Act. The proposal is a comprehensive and bold step toward providing affordable housing for the most vulnerable Americans. The bill is the first since the Fair Housing Act with the explicit intent of redressing the iterative effects of our nation’s sordid history of housing discrimination. Critically, it has the potential to make a substantive dent in closing our enormous and persistent racial wealth gap.


Digital Commons powered by bepress