Civil Rights and Discrimination Commons^™

Criminal Procedure And The Racial Profiling Issue For Professor Gates And Sergeant Crowley, L. Darnell Weeden

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Voting Equality And Educational Equality: Is The Former Possible Without The Latter And Are Bilingual Ballots A Sensible Response To Education Discrimination?, Meaghan Field

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Just A Little Bit Of History Repeating: The California Model Of Marijuana Legalization And How It Might Affect Racial And Ethnic Minorities, Thomas J. Moran

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Disgust And The Problematic Politics Of Similarity, Courtney Megan Cahill

Michigan Law Review

Martha Nussbaum's latest book, From Disgust to Humanity: Sexual Orientation & Constitutional Law, could not have come at a more opportune time in the history of gay rights in the United States. All signs point to progress toward "humanity," from same-sex couples' successful bids for marriage equality in a handful of states to the public's increasing acceptance of the prospect of gays and lesbians serving openly in the military. Even if recent cognitive science research indicates that same-sex relationships provoke more than a little disgust in some people, landmark marriage-equality victories in a few states suggest that the law is …

The Importance Of Immutability In Employment Discrimination Law, Sharona Hoffman

William & Mary Law Review

This Article argues that recent developments in employment discrimination law require a renewed focus on the concept of immutable characteristics. In 2009, two new laws took effect: the Genetic Information Nondiscrimination Act (GINA) and the Americans with Disabilities Act Amendments Act (ADAAA). This Article’s original contribution is an evaluation of the employment discrimination statutes as a corpus of law in light of these two additions.

The Article thoroughly explores the meaning of the term “immutable characteristic” in constitutional and employment discrimination jurisprudence. It postulates that immutability constitutes a unifying principle for all of the traits now covered by the employment …

Collateral Consequences, Genetic Surveillance, And The New Biopolitics Of Race, Dorothy E. Roberts

All Faculty Scholarship

This Article is part of a Howard Law Journal Symposium on “Collateral Consequences: Who Really Pays the Price for Criminal Justice?,” as well as my larger book project, Fatal Invention: How Science, Politics, and Big Business Re-create Race in the Twenty-First Century (The New Press, 2011). It considers state and federal government expansion of genetic surveillance as a collateral consequence of a criminal record in the context of a new biopolitics of race in America. Part I reviews the expansion of DNA data banking by states and the federal government, extending the collateral impact of a criminal record—in the form …

The Analyses Of State And Federal Medical Marijuana Laws And How They Apply To Employment, Lizaveta Sergeev

UNLV Theses, Dissertations, Professional Papers, and Capstones

The purpose of this study is to analyze and discuss the current discrepancies in the legal system as it applies to medical marijuana in the employment sector. The laws regarding the legalization of medical marijuana are relatively new and have many constraints when applied to employment. On the federal level, medical marijuana remains illegal. Many states have passed some form of legislation legalizing medical marijuana. Unfortunately, only two states have laws that protect users from being discriminated in employment. This leaves employers and employees uncertain about what actions to take when dealing with medical marijuana in the employment sector.

Review Of Canada's Indigenous Constitution. By John Borrows., Signa A. Daum Shanks

Great Plains Research: A Journal of Natural and Social Sciences

This text's major thesis, that "Canada cannot presently, historically, legally, or morally claim to be built upon European-derived law alone," has been mentioned before. Yet in those earlier musings by Borrows and others, such a statement has never been documented so well as it is here. Borrows contemplates that others, besides those sympathetic with Indigenous perspectives, might just admit such a thesis is the case. Moreover, they might also support the creation of social and economic policies that demonstrate such a belief. But observing it in Canada's current legal system-really? Keenly aware of skeptics, Borrows has thought as much about …

Plausibility Pleading Employment Discrimination, Charles A. Sullivan

William & Mary Law Review

The Supreme Court’s unanimous 2002 decision in Swierkiewicz v. Sorema N.A., which took a very permissive approach to pleading discrimination claims, may or may not remain good law after Ashcroft v. Iqbal. As is well known, Iqbal took a restrictive approach to pleading generally under the Federal Rules of Civil Procedure, and its application to employment discrimination cases could pose serious problems for plaintiffs attempting to get into federal court. In addition, there is certainly a tension between Swierkiewicz and Iqbal. This is in part because the former is a strong reaffirmation of notice pleading as it has traditionally been …

Undoing Plessy: Charles Hamilton Houston, Race, Labor, And The Law, Gordon Andrews

Dissertations

Undoing Plessy: Charles Hamilton Houston, Race, Labor, and the Law, 1895--1950, explores the manner in which African Americans countered racialized impediments during the first half of the twentieth century by attacking their legal underpinnings. Specifically, this work explores the professional life of Charles Hamilton Houston, and the degree to which it informs our understanding of change in the pre-Brown era. There were a wide range of forces at work, from individuals, organizations, and institutions, to government in its various forms (local, state, and federal), complicating any strategy to reformulate the parameters of equality. Using both labor and education law as …

Burying Our Heads In The Sand: Lack Of Knowledge, Knowledge Avoidance And The Persistent Problem Of Campus Peer Sexual Violence, Nancy Chi Cantalupo

Georgetown Law Faculty Publications and Other Works

This article discusses why two laws that seek to prevent and end sexual violence between students on college campuses, Title IX of the Educational Amendments of 1972 ("Title IX") and the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act ("Clery Act"), are failing to fulfill that goal and how these legal regimes can be improved to reach this goal. It explicates how Title IX and the Clery Act ignore or exacerbate a series of "information problems" that create incentives for schools to "bury their heads in the sand" with regard to campus peer sexual violence. These …

Whither The Disability Rights Movement?, Robert W. Pratt

Michigan Law Review

While reading this book in 2010, almost twenty years to the date after President George H.W. Bush signed the Americans with Disability Act ("ADA"), one realizes how much the world of politics has changed. It is difficult to remember a time when such major legislation passed the U.S. Senate by a vote of 91 to 6 and the House of Representatives by 377 to 28. Even more surprising, as we look back to 1990, is the fact that the executive branch was controlled by a different political party than the legislative branch. Contrast this legislative record with the milieu surrounding …

The Mandatory Death Penalty And A Sparsely Worded Constitution, Jack Tsen-Ta Lee

Jack Tsen-Ta LEE

It was not unexpected that the Singapore Court of Appeal would reaffirm the constitutionality of the mandatory death penalty for certain forms of drug trafficking in Yong Vui Kong v Public Prosecutor [2010] 3 S.L.R 489. ... The appellant made submissions based on Articles 9(1) and 12(1) of the Constitution, which respectively guarantee rights to life and personal liberty, and to equality before the law and equal protection of the law. This note examines aspects of the Article 9(1) arguments.

7 (Hipó)Teses Sobre O Facebook, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Muitas pessoas desocupadas, e muitas pessoas ocupadíssimas ocupam muito do seu tempo em redes sociais, entre as quais o facebook. O autor, que confessa de vez em quando sacrificar a essa nova divindade, faz um balanço provisório da sua experiência nesse meio.

Sebastianismo E Constituição, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Começam a aparecer de novo vozes e grupos cuja essência do respectivo programa político é a defesa do presidencialismo. Além de politicamente ser uma solução sem tradição em Portugal, com manifestações sempre autoritárias e ditatoriais (mesmo na versão de "presidencialismo do "Primeiro-ministro": Salazar), é importante que se saiba que uma tal solução carece, ou de outra Constituição (= golpe de Estado), ou de uma votação no Parlamento de 2/3 dos deputados (em revisão normal, agora já fora de tempo para esta matéria), ou 4/5 (extraordinária). Sem essa maioria excepcionalmente vasta, só um golpe de Estado permitiria adoptar o Presidencialismo. A …

Entrelinhas Políticas, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

É preciso saber interpretar. Os sinais e as palavras. E em momentos de crise, mais ainda. Há sinais de demagogia crescente. Bodes expiatórios são reencontrados, e as consabidas receitas de salvadores providenciais. O período eleitoral que certamente se avizinha (não era preciso ser profeta para o esperar neste artigo, escrito antes da demissão do Primeiro-ministro) será fértil em palavras. Mas as coisas são simples. E é preciso sobretudo traduzir o que será dito... É tão simples, afinal. Basta ver onde cada um quer chegar... E isso depende dos seus interesses e dos que defenda. Altruístas ou não.

Memorandum Of Amici Curiae Fred T. Korematsu Center For Law And Equality, Asian Bar Association Of Washington, Pacific Northwest District Of The Japanese American Citizens League, And Vietnamese American Bar Association Of Washington In Support Of Petition For Review, Fred T. Korematsu Center For Law And Equality, Lorraine Bannai

Fred T. Korematsu Center for Law and Equality

Katare v. Katare, 2011

Other Civil Rights Decisions In The October 2005 Term: Title Vii, Idea, And Section 1981(Eighteenth Annual Supreme Court Review), Eileen Kaufman

Eileen Kaufman

No abstract provided.

Employment Discrimination: Recent Developments In The Supreme Court (The Supreme Court And Local Government Law: The 1994-1995 Term), Eileen Kaufman

Eileen Kaufman

No abstract provided.

Discrimination Cases In The October 2004 Term, Eileen Kaufman

Eileen Kaufman

No abstract provided.