A Post-Race Equal Protection?,
2010
Duke Law School
A Post-Race Equal Protection?, Trina Jones, Mario L. Barnes, Erwin Chemerinsky
Faculty Scholarship
Most vividly demonstrated in the 2008 election of the first African-American President of the United States, post-race is a term that has been widely used to characterize a belief in the declining significance of race in the United States. Post-racialists, then, believe that racial discrimination is rare and aberrant behavior as evidenced by America’s pronounced racial progress. One practical consequence of a commitment to post-racialism is the belief that governments - both state and federal - should not consider race in their decision making. One might imagine that the recent explosion in post-racial discourse also portends a revised understanding of …
The Unsettling ‘Well-Settled’ Law Of Freedom Of Association,
2010
Duke Law School
The Unsettling ‘Well-Settled’ Law Of Freedom Of Association, John D. Inazu
Faculty Scholarship
This article brings historical, theoretical, and doctrinal critiques to bear upon the current framework for the constitutional right of association. It argues that the Supreme Court’s categories of expressive and intimate association first announced in the 1984 decision, Roberts v. United States Jaycees, are neither well-settled nor defensible. Intimate association and expressive association are indefensible categories, but they matter deeply. They matter to the Jaycees. They matter to the Chi Iota Colony of the Alpha Epsilon Pi fraternity, a now defunct Jewish social group at the College of Staten Island that had sought to limit its membership to men. They …
Response: Anti-Discrimination Law In Peril?,
2010
Duke Law School
Response: Anti-Discrimination Law In Peril?, Trina Jones
Faculty Scholarship
No abstract provided.
Reply: Good Intentions Matter,
2010
Duke Law School
Reply: Good Intentions Matter, Katharine T. Bartlett
Faculty Scholarship
While writing the article to which Professors Mitchell and Bielby have published responses, I was mindful of the many ways in which the article could be misinterpreted. In taking issue with the assumption that legal controls work in a direct, linear manner to deter crimination, I thought I might be misunderstood to say that people are not responsive to incentives. In worrying about how legal sanctions exert external pressure that may crowd out the inclination of well-intentioned people to self-monitor for bias, I feared that the article would be read mistakenly to oppose strong and appropriate legal rules against discrimination. …
Shifting Burdens: Discrimination Law Through The Lens Of Jury Instructions,
2010
University of Pennsylvania Carey Law School
Shifting Burdens: Discrimination Law Through The Lens Of Jury Instructions, Catherine T. Struve
Faculty Scholarship at Penn Carey Law
No abstract provided.
Engineering The Endgame,
2010
University of Michigan Law School
Engineering The Endgame, Ellen D. Katz
Michigan Law Review
This Article explores what happens to longstanding remedies for past racial discrimination as conditions change. It shows that Congress and the Supreme Court have responded quite differently to changed conditions when they evaluate such remedies. Congress has generally opted to stay the course, while the Court has been more inclined to view change as cause to terminate a remedy. The Article argues that these very different responses share a defining flaw, namely, they treat existing remedies as fixed until they are terminated. As a result, remedies are either scrapped prematurely or left stagnant despite dramatically changed conditions. The Article seeks …
Nieves V. Home Box Office, Inc.,
2010
New York Law School Class of 2010
Procedures For Public Law Remediation In School-To-Prison Pipeline Litigation: Lessons Learned From Antoine V. Winner School District,
2010
American Civil Liberties Union
Procedures For Public Law Remediation In School-To-Prison Pipeline Litigation: Lessons Learned From Antoine V. Winner School District, Catherine Y. Kim
NYLS Law Review
No abstract provided.
Controlling Partners: When Law Enforcement Meets Discipline In Public Schools,
2010
Strategies for Youth
Controlling Partners: When Law Enforcement Meets Discipline In Public Schools, Lisa H. Thurau, Johanna Wald
NYLS Law Review
No abstract provided.
Discipline In Schools After Safford Unified School District #1 V. Redding,
2010
New York Law School
Discipline In Schools After Safford Unified School District #1 V. Redding, Dennis D. Parker
NYLS Law Review
No abstract provided.
The School-To-Prison Pipeline . . . And Back: Obstacles And Remedies For The Re-Enrollment Of Adjudicated Youth,
2010
Juvenile Law Center, Philadelphia, Pennsylvania
The School-To-Prison Pipeline . . . And Back: Obstacles And Remedies For The Re-Enrollment Of Adjudicated Youth, Jessica Feierman, Marsha Levick, Ami Mody
NYLS Law Review
No abstract provided.
Decriminalizing Students With Disabilities,
2010
University of Tennessee College of Law
Decriminalizing Students With Disabilities, Dean Hill Rivkin
NYLS Law Review
No abstract provided.
Discrimination Redefined,
2010
University of Nevada, Las Vegas -- William S. Boyd School of Law
Discrimination Redefined, Ann C. Mcginley
Scholarly Works
In this Response to Professor Natasha Martin's article Pretext in Peril, Professor Ann McGinley argues that courts' retrenchment in cases interpreting Title VII of the 1964 Civil Rights Act results from a narrow definition of discrimination that focuses on conscious, intentional discrimination. Increasingly social science research demonstrates that much disparate treatment occurs as a result of unconscious biases, but the courts' reluctance to consider this social science has led, in many cases, to a literal, narrow definition of “pretext." Moreover, she posits that the recent Supreme Court case of Ricci v. DeStefano redefines discrimination in an ahistorical and acontextual …
Ricci V. Destefano: A Masculinities Theory Analysis,
2010
University of Nevada, Las Vegas -- William S. Boyd School of Law
Ricci V. Destefano: A Masculinities Theory Analysis, Ann C. Mcginley
Scholarly Works
This Article applies masculinity theory to explore the aspects Ricci v. Destefano and its political reverberations. Empirical evidence showed that virtually all written tests have a disparate impact on minorities, that a neighboring city had reached less discriminatory results using a different weighting system, and that other fire departments used assessment centers to judge firefighters' qualifications for promotions. While the black male and all female firefighters were made invisible by the case and the testimony, the fact that Ricci's and Vargas' testimony lionized a particularly traditional form of heterosexual masculinity was also invisible. While the command presence required of a …
Unlimited Power: Why The President’S (Warrantless) Surveillance Program Is Unconstitutional,
2010
Case Western University School of Law
Unlimited Power: Why The President’S (Warrantless) Surveillance Program Is Unconstitutional, Raymond Shih Ray Ku
Faculty Publications
In this essay, Professor Ku explores the constitutionality of the President's Surveillance Program (PSP), and critiques the Bush Administration's legal explanations supporting warrantless surveillance. Defenders of the program have relied upon the President's inherent executive authority, the Congressional Authorization for Use of Military Force, the FISA Amendment Act of 2008, and ultimately that under any of these sources of authority the warrantless surveillance authorized is consistent with the right of privacy protected Fourth Amendment to the U.S. Constitution. As such, Professor Ku uses the PSP to illustrate the how and why current constitutional analysis both ignores and subverts “the right …
A Marriage Is A Marriage Is A Marriage: The Limits Of Perry V. Brown,
2010
Georgetown University Law Center
A Marriage Is A Marriage Is A Marriage: The Limits Of Perry V. Brown, Robin West
Georgetown Law Faculty Publications and Other Works
The Ninth Circuit’s decision in Perry v. Brown, authored by Judge Reinhardt, has been widely lauded by marriage equality proponents for its creative minimalism. In keeping with commentators’ expectations, the court found a way to determine that California’s Proposition 8 violated the U.S. Constitution’s Equal Protection Clause, namely that the provision took away an entitlement that had previously been enjoyed by same-sex couples—the right to the appellation of one’s partnership as a “marriage”—for no rational reason. The people of California’s categorization and differential treatment of same-sex couples as compared with opposite-sex couples, the court held, failed the test of …
Significant Statistics: The Unwitting Policy Making Of Mathematically Ignorant Judges,
2010
University of Baltimore School of Law
Significant Statistics: The Unwitting Policy Making Of Mathematically Ignorant Judges, Michael I. Meyerson, William Meyerson
All Faculty Scholarship
This article will explore several areas in which judges, hampered by their mathematical ignorance, have permitted numerical analysis to subvert the goals of our legal system. In Part II, I will examine the perversion of the presumption of innocence in paternity cases, where courts make the counter-factual assumption that regardless of the evidence, prior to DNA testing, a suspect has a 50/50 chance of being the father. In Part III, I will explore the unnecessary injection of race into trials involving the statistics of DNA matching, even when race is entirely irrelevant to the particular case. Next, in Part IV, …
Foreword: Somebody’S Watching Me: Surveillance And Privacy In An Age Of National Insecurity,
2010
Case Western Reserve University - School of Law
Foreword: Somebody’S Watching Me: Surveillance And Privacy In An Age Of National Insecurity, Robert N. Strassfeld, Cheryl Ough
Faculty Publications
Forward to the Institute for Global Security Law and Policy at Case Western Reserve University symposium Somebody's Watching Me: Surveillance and Privacy in an Age of National Insecurity, Cleveland, OH, October 22-23, 2009
Why Appellate Courts Have Rejected The Argument That The Defense Of Marriage Act Trumps The Parental Kidnapping Prevention Act,
2010
California Western School of Law
Why Appellate Courts Have Rejected The Argument That The Defense Of Marriage Act Trumps The Parental Kidnapping Prevention Act, Barbara Cox
Faculty Scholarship
The author seeks to explain why courts should not be permitted to interpret the Defense of Marriage Act (DOMA) to displace judgment recognition based on a forum state's public policy against legal relationships for same-sex couples. If courts interpret DOMA in this manner, nothing would prevent Congress from exempting other types of judgments from the protection of the Full Faith and Credit clause, thereby permitting relitigation of judgments that are now considered final and binding in every state.
Introduction: Reproductive Rights, Human Rights, And The Human Right To Health,
2010
Case Western University School of Law
Introduction: Reproductive Rights, Human Rights, And The Human Right To Health, B. Jessie Hill
Faculty Publications
Introduction - Case Western Reserve University Law Review Symposium 2010: Reproductive Rights, Human Rights, and the Human Right to Health
