Group Rights: A Defense,
2011
Loyola University Chicago
Group Rights: A Defense, David Ingram
Philosophy: Faculty Publications and Other Works
Human rights belong to individuals in virtue of their common humanity. Yet it is an important question whether human rights entail or comport with the possession of what I call group-specific rights (sometimes referred to as collective rights), or rights that individuals possess only because they belong to a particular group. The Universal Declaration of Human Rights (UDHR) says they do. Article 15 asserts the right to nationality, or citizenship. Unless one believes that the only citizenship compatible with a universal human rights regime is cosmopolitan citizenship in a world state – a conception of citizenship that is not countenanced …
New Millennium, Same Glass Ceiling? The Impact Of Law Firm Compensation Systems On Women,
2011
UC Hastings College of the Law
New Millennium, Same Glass Ceiling? The Impact Of Law Firm Compensation Systems On Women, Joan C. Williams, Veta Richardson
Faculty Scholarship
No abstract provided.
Causes, Consequences And Cures Of Racial And Ethnic Disproportionality In Conviction And Incarceration Rates: An Introduction,
2011
University of Cincinnati College of Law
Causes, Consequences And Cures Of Racial And Ethnic Disproportionality In Conviction And Incarceration Rates: An Introduction, Janet Moore
Faculty Articles and Other Publications
This piece introduces Prosecution and Racial Justice, a panel discussion with Wayne McKenzie of the Vera Institute for Justice, by outlining the legal-historical context for reform strategies that detect and correct effects of racial bias in prosecutorial decision-making.
Transgender Student-Athletes And Sex-Segregated Sport: Developing Policies Of Inclusion For Intercollegiate And Interscholastic Athletics,
2011
Western New England University School of Law
Transgender Student-Athletes And Sex-Segregated Sport: Developing Policies Of Inclusion For Intercollegiate And Interscholastic Athletics, Erin E. Buzuvis
Faculty Scholarship
This Article discusses the discrimination of transgender students who may be excluded, discouraged, or simply made to feel uncomfortable participating in athletic programs for their natal sex, by the sex-segregated world of athletics. The Author believes that until sports' governing bodies develop and enforce policies of inclusion, transgender students will continue to be denied access to and the benefits of athletic participation. The Author examines the values that should go into the formation of such policies, including legal, medical and educational concerns. Part I of the Article puts transgender students' athletic participation in context by examining educational athletic's deep and …
The Feminist Case For The Ncaa's Recognition Of Competitive Cheer As An Emerging Sport For Women,
2011
Western New England University School of Law
The Feminist Case For The Ncaa's Recognition Of Competitive Cheer As An Emerging Sport For Women, Erin E. Buzuvis
Faculty Scholarship
This Article examines whether a university can count opportunities in competitive cheer to demonstrate compliance with Title IX. A federal court in Connecticut recently considered this question for the first time. Although it held that the sport as it currently exists is not sufficiently similar to other varsity sports to qualify for Title IX compliance, the decision has mobilized two separate governing bodies to propose more organized and competitive versions of competitive cheer as possible NCAA emerging sports. This Article argues that these proposals would satisfy regulators and the courts. It then discusses how competitive cheer has potential to improve …
When "The Evil Day" Comes, Will Title Vii's Disparate Impact Provision Be Narrowly Tailored To Survive An Equal Protection Clause Challenge?,
2011
American University Washington College of Law
When "The Evil Day" Comes, Will Title Vii's Disparate Impact Provision Be Narrowly Tailored To Survive An Equal Protection Clause Challenge?, Eang L. Ngov
American University Law Review
No abstract provided.
The Viability Of Multi-Party Litigation As A Tool For Social Engineering Six Decades After The Restrictive Covenant Cases,
2011
University of Baltimore School of Law
The Viability Of Multi-Party Litigation As A Tool For Social Engineering Six Decades After The Restrictive Covenant Cases, José F. Anderson
All Faculty Scholarship
Six decades ago, a group of lawyers sought ways to overturn the racially restrictive covenants that were common across the United States. These restrictions on integrated neighborhoods were the first legal battleground of the civil rights movement using the courts of civil justice to remove what many thought were immoral restrictions on the rights of free people. The most famous of those cases was Shelley v. Kraemer, but the doctrine that emerged from that particular case was actually a series of separate, multi-party lawsuits in various locations, using teams of lawyers acting in concert with each other to achieve justice. …
Racial Redistricting In A Post-Racial World,
2011
University of Baltimore School of Law
Racial Redistricting In A Post-Racial World, Gilda R. Daniels
All Faculty Scholarship
The 2011 redistricting will provide some interesting challenges for minority voting rights. How can we preserve minority electoral opportunities and gains in the wake of Bartlett v. Strickland and Georgia v. Ashcroft? What is the impact on future voting rights litigation and are coalition district claims viable as an opportunity to continue the electoral gains made since the passage of the Voting Rights Act? Are majority-minority districts safe from legislative backsliding? The Supreme Court's construed admonitions against race-conscious redistricting in recent cases may become cautionary tales. This Article discusses the central role the Voting Rights Act should play in preserving …
The Promise Of The Minnesota Human Rights Act Denied: Krueger V. Zeman Construction Company,
2011
Mitchell Hamline School of Law
The Promise Of The Minnesota Human Rights Act Denied: Krueger V. Zeman Construction Company, Leslie Lienemann, Justin Cummins
Journal of Law and Practice
No abstract provided.
The Fifth Freedom: The Constitutional Duty To Provide Public Education,
2011
FAMU College of Law
The Fifth Freedom: The Constitutional Duty To Provide Public Education, Areto A. Imoukuede
Journal Publications
This Article explains why there is a fundamental duty for the government to provide public education under the U.S. Constitution. Numerous scholars and public officials have written on the need to overrule San Antonio v. Rodriguez or adopt alternative approaches to recognizing a right to public education either judicially or by way of constitutional amendment. This Article identifies a consistent and systemic reluctance by the Court to meaningfully enforce positive rights, which are the duties that the government owes to the people. In doing so, it explores the consistent recognition throughout American history that education is a fundamental duty of …
Application Of Title Vi In Indian Country: The Key Is Tribal Sovereignty,
2011
Florida A&M University College of Law
Application Of Title Vi In Indian Country: The Key Is Tribal Sovereignty, Elizabeth Ann Kronk
Florida A & M University Law Review
No abstract provided.
Similarly Situated,
2011
Western New England University School of Law
Similarly Situated, Giovanna Shay
Faculty Scholarship
In recent marriage equality litigation, opponents of same-sex marriage have argued that gay and straight couples are not “similarly situated” with respect to the purposes of the marriage statutes. Courts in Iowa,Connecticut, and California have rejected these arguments (although the California result was overturned by Proposition 8, which itself was invalidated by a district court as this Article was being written). The Iowa and California courts also questioned the structure of the “similarly situated” analysis asserted by the opponents. Marriage equality opponents in those states pressed a “threshold”-type similarly situated analysis.Under this scheme, if the two groups are not similarly …
Time To Bury The Tomahawk Chop: An Attempt To Reconcile The Differing Viewpoints Of Native Americans And Sports Fans,
2011
University of Oklahoma College of Law
Time To Bury The Tomahawk Chop: An Attempt To Reconcile The Differing Viewpoints Of Native Americans And Sports Fans, Justin P. Grose
American Indian Law Review
No abstract provided.
Gender-Based Affirmative Action And Reverse Gender Bias: Beyond Gratz, Parents Involved, And Ricci,
2011
Valparaiso University School of Law
Gender-Based Affirmative Action And Reverse Gender Bias: Beyond Gratz, Parents Involved, And Ricci, Rosalie Levinson
Law Faculty Publications
No abstract provided.
The Many Faces Of Iqbal,
2011
Valparaiso University School of Law
The Many Faces Of Iqbal, Rosalie Berger Levinson
Law Faculty Publications
No abstract provided.
Illegal Aid: Legal Assistance To Immigrants In The United States,
2011
Valparaiso University School of Law
Illegal Aid: Legal Assistance To Immigrants In The United States, Geoffrey Heeren
Law Faculty Publications
There is an enormous unmet need for immigrant legal aid in the United States. This is partly due to regulations that bar federally funded legal services organizations from representing many types of immigrants. The possible repeal of these restrictions is rarely discussed as a means to expand immigrant access to counsel. Federal funding for immigrant legal aid appears to have become taboo, despite the fact that for much of its history, legal aid was deeply connected to immigration. This forgotten history reveals that there was once broad national consensus in favor of immigrant legal aid; it became contentious and faced …
Noah's Curse: How Religion Often Conflates Status, Belief, And Conduct To Resist Antidiscrimination Norms,
2011
Yale Law School
Noah's Curse: How Religion Often Conflates Status, Belief, And Conduct To Resist Antidiscrimination Norms, William N. Eskridge Jr.
Georgia Law Review
Today, many devout Christian fundamentalists support
some state discrimination against gay people, on the
ground that full equality for gays would mean fewer
liberties for themselves. In its recent controversy with a
public law school, the Christian Legal Society argued that
it was entitled to state subsidies even though it violated
the school's antidiscrimination policy. The Society said it
excluded only "unrepentant homosexuals"-those gay
persons whose "immoral" conduct and degraded status
were directly linked to what the Society considered an
anti-Christian message.
Professor Eskridge demonstrates that the same clash
between equality for minorities and liberty for Christian
fundamentalists played out …
Paying For The Past: Addressing Past Property Violations In South Africa,
2011
IIT Chicago-Kent College of Law
Paying For The Past: Addressing Past Property Violations In South Africa, Bernadette Atuahene
All Faculty Scholarship
No abstract provided.
South Africa’S Land Reform Crisis: Eliminating The Legacy Of Apartheid,
2011
IIT Chicago-Kent College of Law
South Africa’S Land Reform Crisis: Eliminating The Legacy Of Apartheid, Bernadette Atuahene
All Faculty Scholarship
No abstract provided.
Conceptions Of Law In The Civil Rights Movement,
2011
IIT Chicago-Kent College of Law
Conceptions Of Law In The Civil Rights Movement, Christopher W. Schmidt
All Faculty Scholarship
No abstract provided.
