Brown V. Board Of Education And National Federation Of Independent Business V. Sebelius: A Comparative Analysis Of Social Change, 2014 University of Arkansas at Little Rock William H. Bowen School of Law
Brown V. Board Of Education And National Federation Of Independent Business V. Sebelius: A Comparative Analysis Of Social Change, Brian G. Gilmore
University of Arkansas at Little Rock Law Review
No abstract provided.
North Carolina's Declaration Of Rights: Fertile Ground In A Federal Climate, 2014 North Carolina Central University School of Law
North Carolina's Declaration Of Rights: Fertile Ground In A Federal Climate, Grant E. Buckner
North Carolina Central Law Review
No abstract provided.
A History Of Struggle: Nccu School Of Law Library, 2014 North Carolina Central University School of Law
A History Of Struggle: Nccu School Of Law Library, Deborah Mayo Jefferies
North Carolina Central Law Review
No abstract provided.
Front Matter And Table Of Contents, 2014 University of Miami Law School
Front Matter And Table Of Contents
University of Miami Race & Social Justice Law Review
No abstract provided.
American Blood: Who Is Counting And For What?, 2014 Cornell Law School
American Blood: Who Is Counting And For What?, Gerald Torres
Cornell Law Faculty Publications
When thinking about "who counts," I initially titled this Essay: "Who is Counting and for What?" I wanted to highlight the role that power necessarily plays in the very asking of the question. It presumes a perspective, and interrogating that perspective can only occur if the second part of the question is answered. Because race has always played a critical role in our culture from the very beginning, I wanted to explore one of the many ways it has been deployed to justify a particular expression of power. The story virtually every American learns is the story of the inevitable …
"He's A Black Male … Something Is Wrong With Him!" The Role Of Race In The Stand Your Ground Debate, 2014 University of Miami School of Law
"He's A Black Male … Something Is Wrong With Him!" The Role Of Race In The Stand Your Ground Debate, D. Marvin Jones
University of Miami Law Review
No abstract provided.
A Layperson's Guide To Fair Housing Law (2014), 2014 John Marshall Law School
A Layperson's Guide To Fair Housing Law (2014), F. Willis Caruso, Michael P. Seng, Allison Bethel, John Marshall Law School Fair Housing Legal Support Center
UIC Law White Papers
Housing discrimination can take many forms. Laws have been passed at the federal, state, and local levels to prohibit housing discrimination, and attorneys and many fair housing groups are working to eradicate the problem. But the solution to the fair housing problem will not come solely through the work of attorneys and fair housing agencies and organizations; it will also have to come from an educated public that is unwilling to tolerate the cost of housing discrimination. Housing discrimination affects every individual in the United States. Realtors and brokers, bankers and mortgage lenders, insurance companies and developers, real estate buyers …
Sentencing Inequality Versus Sentencing Injustice, 2014 Washington and Lee University School of Law
Sentencing Inequality Versus Sentencing Injustice, Melanie D. Wilson
Scholarly Articles
Women lag behind men in pay for equal work and in positions of prestigious employment, such as chief executive officers at Fortune 500 companies and presidents of colleges and universities. Women also suffer conscious and subconscious negative bias from both men and women in positions to evaluate an applicant's capabilities and potential, making it less likely that an employer or mentor will choose a woman instead of a man. In contrast to these and many other contexts, our federal criminal justice system regularly favors women over men. Empirical studies show that this lenient treatment begins with prosecutors and law enforcement …
Pink Franklin V. South Carolina: The Naacp’S First Case, 2014 University of South Carolina - Columbia
Pink Franklin V. South Carolina: The Naacp’S First Case, W. Lewis Burke
Faculty Publications
No abstract provided.
The Quixotic Search For Race-Neutral Alternatives, 2014 The Center for Individual Rights
The Quixotic Search For Race-Neutral Alternatives, Michael E. Rosman
University of Michigan Journal of Law Reform
The Supreme Court has stated that the narrow-tailoring inquiry of the Equal Protection Clause’s strict scrutiny analysis of racially disparate treatment by state actors requires courts to consider whether the defendant seriously considered race-neutral alternatives before adopting the race-conscious program at issue. This article briefly examines what that means in the context of race-conscious admissions programs at colleges and universities. Part I sets forth the basic concepts that the Supreme Court uses to analyze race-conscious decision-making by governmental actors and describes the role of “race-neutral alternatives” in that scheme. Part II examines the nature of “race-neutral alternatives” and identifies its …
The New Racial Justice: Moving Beyond The Equal Protection Clause To Achieve Equal Protection, 2014 University of Utah S.J. Quinney College of Law
The New Racial Justice: Moving Beyond The Equal Protection Clause To Achieve Equal Protection, Emily Chiang
Florida State University Law Review
Since handing down Washington v. Davis and Arlington Heights v. Metropolitan Housing Development, the United States Supreme Court has significantly curtailed the ability of plaintiffs to bring disparate impact claims under the Equal Protection Clause. Many academics continue to talk about the standards governing intent and disparate impact. Some recent scholarship recognizes that reformers on the ground have shifted away from equality-based claims altogether. This Article contends that civil rights advocates replaced the old equal protection framework some time ago and that they did so deliberately and with great success. It expands upon and refines the strategy shift some …
Introduction: Challenging Authority: A Symposium Honoring Derrick Bell, 2014 Boston University School of Law
Introduction: Challenging Authority: A Symposium Honoring Derrick Bell, Jasmine Gonzales Rose
Faculty Scholarship
This is the Introduction to the University of Pittsburgh Law Review’s Challenging Authority: A Symposium Honoring Derrick Bell (L.L.B. 1957). This special symposium issue of the 75th volume of the Law Review celebrates and seeks to continue Bell’s critical inquiry into and fight against racial injustice. It features leading and emerging voices that examine and build upon some of Bell’s most eminent concepts, such as the permanence of racism and Interest Convergence Theory; explore Bell’s impact as a professor and activist; and look ahead to the next wave of critical race study.
Equal Access To Justice: Ensuring Meaningful Access To Counsel In Civil Cases, Including Immigration Proceedings, 2014 Columbia Law School
Equal Access To Justice: Ensuring Meaningful Access To Counsel In Civil Cases, Including Immigration Proceedings, Human Rights Institute, Program On Human Rights And The Global Economy
Human Rights Institute
Only a small fraction of the legal problems experienced by low‐income and poor people living in the United States — less than one in five — are addressed with the assistance of legal representation. Many people who are low‐income and poor in the United States cannot afford legal representation to protect their rights when facing a crisis such as eviction, foreclosure, domestic violence, workplace discrimination, termination of subsistence income or medical assistance, loss of child custody, or deportation.
There is no federal constitutional right to counsel in civil cases, including in immigration proceedings. On the contrary, the Supreme Court has …
Reforming Property Law To Address Devastating Land Loss, 2014 Texas A&M University School of Law
Reforming Property Law To Address Devastating Land Loss, Thomas W. Mitchell
Faculty Scholarship
Tenancy-in-common ownership represents the most widespread form of common ownership of real property in the United States. Such ownership under the default rules also represents the most unstable ownership of real property in this country. Thousands of tenancy-in-common property owners, including members of many poor and minority families, have lost their commonly-owned property due to court-ordered, forced partition sales as well as much of their real estate wealth associated with such ownership as a result of such sales. Though some scholars and the media have highlighted how thousands of African-Americans have lost an untold amount of property and substantial real …
Contracts Symposium Issue: Featured Speaker: The Right To Contract As A Civil Right, 2014 Georgetown University Law Center
Contracts Symposium Issue: Featured Speaker: The Right To Contract As A Civil Right, Robin West
Georgetown Law Faculty Publications and Other Works
The "right to contract," whether originating in the Constitution, common law, or natural law, has been long and widely felt to be in tension with our civil rights, broadly conceived. The individual himself, we generally believe, and only the individual, should decide the scope and terms of his affirmative, voluntary, and other-regarding undertakings. When he does so through contract, the individual and only the individual should determine the terms under which he will perform those duties. The civil rights laws of the nineteenth, twentieth, and early twenty-first centuries, and the various rights they create interfere with these natural freedoms.
So, …
Disparate Impact, School Closures, And Parental Choice, 2014 Notre Dame Law School
Disparate Impact, School Closures, And Parental Choice, Nicole Stelle Garnett
Journal Articles
We live in an era of parental choice. Today, forty-two states and the District of Columbia authorize charter schools, and twenty states and the District of Columbia permit students to use public funds to attend a private school. During the 2012-2013 school year, nearly 2 million children attended charter schools, and nearly 250,000 children received publicly funded scholarship to attend a private school. The expanding menu of publicly funded educational options is one (but by no means the only) factor contributing to the current, intensely controversial, waves of urban public school closures. In school-closure debates, proponents of traditional public schools …
Employment Discrimination, 2014 Mercer University School of Law
Employment Discrimination, Peter Reed Corbin, John E. Duvall
Mercer Law Review
Following a relatively quiet and uneventful 2012 survey period, the United States Supreme Court stepped up its activity significantly in the area of employment discrimination during the 2013 survey period. The Supreme Court handed down several significant rulings. In University of Texas Southwestern Medical Center v. Nassar, the Court established a "but-for" rule of causation for purposes of Title VII retaliation cases. In Vance v. Ball State University, the Supreme Court determined the parameters of who qualifies as a "supervisor" for purposes of establishing vicarious liability in workplace harassment actions under Title VII.
At the circuit level, the …
Hobby Lobby, Unconstitutional Conditions, And Corporate Law Mistakes, 2014 Boston College Law School
Hobby Lobby, Unconstitutional Conditions, And Corporate Law Mistakes, Kent Greenfield
Kent Greenfield
No abstract provided.
Discrimination In Customer Segmentation Marketing Practices, 2014 University of Akron Main Campus
Discrimination In Customer Segmentation Marketing Practices, Jude A. Thomas
Jude A Thomas
Customer segmentation is a powerful analytical marketing practice that is employed by a wide range of businesses to segregate customers with similar characteristics into subgroups in order to inform operational business processes. Such practices allow firms to better allocate their resources in order to form more profitable customer relationships, but they also have the capacity to lead to unfair discriminatory impact upon customer groups. Current legislation is largely unprotective of customers so positioned, but recent trends in the insurance and lending industries suggest that a broader application of anti-discrimination laws could foretell a future of greater restrictions on the implementation …
Questioning The U.S. Supreme Court’S Legalistic Qualified Immunity Approach And Suggestions For A Better Approach, 2014 US District Court
Questioning The U.S. Supreme Court’S Legalistic Qualified Immunity Approach And Suggestions For A Better Approach, Robert Weems
Robert Weems
No abstract provided.