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The Keyes To Reclaiming The Racial History Of The Roberts Court, Tom I. Romero, II 2015 University of Denver Sturm College of Law

The Keyes To Reclaiming The Racial History Of The Roberts Court, Tom I. Romero, Ii

Michigan Journal of Race and Law

This Article advocates for a fundamental re-understanding about the way that the history of race is understood by the current Supreme Court. Represented by the racial rights opinions of Justice John Roberts that celebrate racial progress, the Supreme Court has equivocated and rendered obsolete the historical experiences of people of color in the United States. This jurisprudence has in turn reified the notion of color-blindness, consigning racial discrimination to a distant and discredited past that has little bearing to how race and inequality is experienced today. The racial history of the Roberts Court is centrally informed by the context and …


Trending @ Rwulaw: Veronica Paricio's Post: What We Did Last Summer..., Veronica Paricio 2015 Roger Williams University School of Law

Trending @ Rwulaw: Veronica Paricio's Post: What We Did Last Summer..., Veronica Paricio

Law School Blogs

No abstract provided.


April Miller Et Al. Vs. Kim Davis (Date Filled September 2, 2015), United States District Court for the Eastern District of Kentucky 2015 Morehead State University

April Miller Et Al. Vs. Kim Davis (Date Filled September 2, 2015), United States District Court For The Eastern District Of Kentucky

Media Collection

APRIL MILLER, ET AL., Plaintiffs, v. KIM DAVIS, ET AL., Defendants

DISTRICT JUDGE DAVID L. BUNNING KIM DAVIS, Third-Party Plaintiff, v. STEVEN L. BESHEAR, in his official capacity as Governor of Kentucky, and WAYNE ONKST, in his official capacity as State Librarian and Commissioner, Kentucky Department for Libraries and Archives, Third-Party Defendants.


Section 5: Race, Institute of Bill of Rights Law, William & Mary Law School 2015 William & Mary Law School

Section 5: Race, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


April Miller Et Al. Vs. Kim Davis (Date Filled September 1, 2015), United States District Court for the Eastern District of Kentucky 2015 Morehead State University

April Miller Et Al. Vs. Kim Davis (Date Filled September 1, 2015), United States District Court For The Eastern District Of Kentucky

Media Collection

APRIL MILLER, et al., Plaintiffs, v. KIM DAVIS, et al., Defendants.

PLAINTIFFS’ MOTION TO HOLD DEFENDANT KIM DAVIS IN CONTEMPT OF COURT


Substantive Due Process For Noncitizens: Lessons From Obergefell, Anthony O'Rourke 2015 State University of New York Buffalo Law School

Substantive Due Process For Noncitizens: Lessons From Obergefell, Anthony O'Rourke

Michigan Law Review First Impressions

The state of Texas denies birth certificates to children born in the United States—and thus citizens under the Fourteenth Amendment—if their parents are undocumented immigrants with identification provided by their home countries’ consulates. What does this have to do with same-sex marriage? In a previous article, I demonstrated that the Supreme Court’s substantive due process analysis in United States v. Windsor is particularly relevant to the state’s regulation of undocumented immigrants. This Essay builds on my earlier analysis by examining United States v. Obergefell’s applications outside the context of same-sex marriage. Obergefell’s due process holding, I argue, can …


Bringing Human Rights Home: The Birmingham Mayor's Office Human Rights Dialogue, Human Rights Institute, Office of the Mayor of the City Birmingham 2015 Columbia Law School

Bringing Human Rights Home: The Birmingham Mayor's Office Human Rights Dialogue, Human Rights Institute, Office Of The Mayor Of The City Birmingham

Human Rights Institute

Human rights begin close to home. Local governments have jurisdiction over a range of human rights issues, including those related to housing, education, employment, and criminal justice. Indeed, local agencies and officials are essential to the promotion and protection of human rights in the United States. They work every day to create conditions under which all communities can flourish. Mayors are particularly well-situated to advance human rights and build a culture of human rights based on dignity, freedom from discrimination, and opportunity.


The Strange Persistence Of Affirmative Action Under Title Vii, Deborah C. Malamud 2015 New York University School of Law

The Strange Persistence Of Affirmative Action Under Title Vii, Deborah C. Malamud

West Virginia Law Review

No abstract provided.


World Cup Dreaming: Sporting Activism And The Incrementalist Advancement Of Sexual Equality Through Association Football, Richard J. Peltz-Steele, Jose A. Benavides 2015 University of Massachusetts Law School

World Cup Dreaming: Sporting Activism And The Incrementalist Advancement Of Sexual Equality Through Association Football, Richard J. Peltz-Steele, Jose A. Benavides

West Virginia Law Review

No abstract provided.


Trailblazers And Those That Followed : Personal Experiences, Gender, And Judicial Empathy., Laura P. Moyer, Susan B. Haire 2015 University of Louisville

Trailblazers And Those That Followed : Personal Experiences, Gender, And Judicial Empathy., Laura P. Moyer, Susan B. Haire

Faculty Scholarship

This paper investigates one causal mechanism that may explain why female judges on the federal appellate courts are more likely than men to side with plaintiffs in sex discrimination cases. To test whether personal experiences with inequality are related to empathetic responses to the claims of female plaintiffs, we focus on the first wave of female judges, who attended law school during a time of severe gender inequality. We find that female judges are more likely than their male colleagues to support plaintiffs in sex discrimination cases, but that this difference is seen only in judges who graduated law school …


Understanding The History Of Institutionalization: Making Connections To De-Institutionalization And The Olmstead Act For Persons With Intellectual Disabilities In The State Of Illinois, Nancy A. Cheeseman 2015 National Louis University

Understanding The History Of Institutionalization: Making Connections To De-Institutionalization And The Olmstead Act For Persons With Intellectual Disabilities In The State Of Illinois, Nancy A. Cheeseman

Dissertations

What is the historical connection between deinstitutionalization and the Olmstead decision? The purpose of this study was to examine and analyze policy within a historical perspective the connections between institutional care, deinstitutionalization, the Olmstead decision, and the effect on persons with intellectual disabilities lived experience, in the state of Illinois.

The data collected include, the transcripts of interviews with four participants, artifacts from policy documents and historical papers accessed from the Disability Museum online journals. The creation of a table for use in coding themes as associated with 5 (out of 18) core concepts for disability policy.

The Olmstead decision …


Civil Rights And Civil Liberties Litigation: The Law Of Section 1983 (West Group 4th Ed. 1997 & Supp. 1998-2015) (Now Available On Westlaw As Civliblit), Sheldon Nahmod 2015 Chicago-Kent College of Law

Civil Rights And Civil Liberties Litigation: The Law Of Section 1983 (West Group 4th Ed. 1997 & Supp. 1998-2015) (Now Available On Westlaw As Civliblit), Sheldon Nahmod

Sheldon Nahmod

Civil Rights and Civil Liberties Litigation: The Law of Section 1983 (West Group 4th ed.  1997 & Supp. 1998-2015) (now available on WESTLAW as CIVLIBLIT)


The Slow Demise Of Race Preference, Mark S. Brodin 2015 Boston College Law School

The Slow Demise Of Race Preference, Mark S. Brodin

Mark S. Brodin

This article traces the origins of affirmative action, its initial success, and the Reagan Administration's efforts to end it, which only recently have come to fruition with Fisher v. University of Texas and Shuette v. Coalition to Defend Affirmative Action.


Testimony On Oklahoma Civil Asset Forfeiture Reform, Stephen E. Henderson 2015 University of Oklahoma College of Law

Testimony On Oklahoma Civil Asset Forfeiture Reform, Stephen E. Henderson

Stephen E Henderson

I am grateful for the opportunity to speak to you today about Senate Bill 838 and the reform of Oklahoma’s civil asset forfeiture. I am a professor of law at the University of Oklahoma, where my teaching and research focus on criminal law and procedure. I have experience achieving consensus solutions in contested areas of law, most notably in the six years I spent drafting a new set of ABA Criminal Justice Standards, and I know that change is rarely easy. No matter the topic and whatever the status quo, there is sure to be someone who feels it is …


April Miller Et Al. Vs. Kim Davis (Date Filled August 31, 2015), Supreme Court of the United States 2015 Morehead State University

April Miller Et Al. Vs. Kim Davis (Date Filled August 31, 2015), Supreme Court Of The United States

Media Collection

Kim Davis, Individually and in Her Official Capacity as Rowan County Clerk, Applicant v. April Miller, et al. No. 15A250. SUPREME COURT OF THE UNITED STATES 192 L. Ed. 2d 994; 2015 U.S. LEXIS 4659; 84 U.S.L.W. 3099 August 31, 2015, Decided


Newsroom: Discussing Lawyers During Holocaust, Roger Williams University School of Law 2015 Roger Williams University

Newsroom: Discussing Lawyers During Holocaust, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Identity Matters, Sharon E. Rush 2015 University of Florida Levin College of Law

Identity Matters, Sharon E. Rush

Sharon E. Rush

From the Sixth Annual LatCrit Conference in Gainesville, Florida on April 26-29, 2001. Cluster VII: Race, Gender, and Sexuality


The Struggle For Justice In The Civil Rights March From Selma To Montgomery: The Legacy Of The Magna Carta And The Common Law Tradition, Winston P. Nagan 2015 University of Florida Levin College of Law

The Struggle For Justice In The Civil Rights March From Selma To Montgomery: The Legacy Of The Magna Carta And The Common Law Tradition, Winston P. Nagan

Winston P Nagan

The article introduces the reader to the idea that justice involves social action and struggle. It then shifts the perspective to the struggle for justice in historic memory. The author focuses on the struggle to limit sovereign absolutism, the outcome of which is reflected in the Magna Carta. The Magna Carta was not a gift of the sovereign, it represented a political struggle to obtain it. The article then traces the evolution of law in the common law tradition and the importance of casuistic legal methods to ground the specific rights of citizens. The article draws reference to the struggle …


An Empirical Analysis Of Diversity In The Legal Profession, Jason P. Nance, Paul E. Madsen 2015 University of Florida Levin College of Law

An Empirical Analysis Of Diversity In The Legal Profession, Jason P. Nance, Paul E. Madsen

Jason P. Nance

The purpose of this Study is to empirically examine the diversity of the legal profession. The primary distinctive features of this empirical analysis are that it evaluates diversity in the legal profession by (a) carefully comparing it against other prestigious professions that have significant barriers to entry, and (b) focusing on young individuals who recently began their careers. These distinctions are made to isolate anomalies that are more likely caused by forces specific to the legal profession rather than general social forces that limit the eligibility of historically disadvantaged groups to pursue prestigious employment opportunities. Further, by narrowing our focus …


Property, Wealth, Inequality And Human Rights: A Formula For Reform, Berta E. Hernández-Truyol, Shelbi D. Day 2015 University of Florida Levin College of Law

Property, Wealth, Inequality And Human Rights: A Formula For Reform, Berta E. Hernández-Truyol, Shelbi D. Day

Berta E. Hernández-Truyol

This essay scrutinizes the persistence of inequality in the United States through a human rights lens and grapples with the troubling disparities unearthed by two works: American Apartheid: Segregation and the Making of the Underclass and Black Wealth/White Wealth: A New Perspective on Racial Inequality. These two highly enlightening and, simultaneously, deeply troubling and depressing books elucidate the myriad locations at which inequalities persist and the historical, social, psychological, and legal foundations of, and explications for, such disparities in the African American community. This work proposes a human rights paradigm that provides a methodology to analyze, deconstruct and unravel the …


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