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The Symmetry Principle, Bradley A. Areheart 2017 University of Tennessee College of Law

The Symmetry Principle, Bradley A. Areheart

Boston College Law Review

Title VII provides symmetrical protection against discrimination in that both blacks and whites, and men and women may avail themselves of the law’s protections. In contrast, the Age Discrimination in Employment Act operates asymmetrically, shielding workers over the age of forty from discrimination yet offering no reciprocal protection for younger workers. Why do some antidiscrimination laws protect symmetrically while others do not? More importantly, why does this design choice matter? These are questions that scholars, courts, and legislators have generally ignored. This Article proceeds in two parts. First, it identifies symmetry as an important, yet frequently overlooked, way in ...


Lewis V. Clarke, Summer L. Carmack 2017 Alexander Blewett III School of Law at the University of Montana

Lewis V. Clarke, Summer L. Carmack

Public Land and Resources Law Review

One manner in which Indian tribes exercise their inherent sovereignty is by asserting sovereign immunity. In Lewis v. Clarke, the Court decided that the sovereign immunity extended to instrumentalities of tribes did not further extend to tribal employees acting within the scope of their employment. The Court acknowledged the concerns of the lower court, namely, the possibility of setting a precedent allowing future plaintiffs to sidestep a tribe’s sovereign immunity by suing a tribal employee in his individual capacity. However, the Supreme Court ultimately felt that the immunity of tribal employees should not exceed the immunity extended to state ...


Constitutionality Of Legislation Denying Tax Exempt Status To Racially Discriminatory Schools, Eileen M. Hanrahan, Esq. 2017 St. John's University School of Law

Constitutionality Of Legislation Denying Tax Exempt Status To Racially Discriminatory Schools, Eileen M. Hanrahan, Esq.

The Catholic Lawyer

No abstract provided.


Tax Exemption And Racial Discrimination, John A. Liekweg, Esq. 2017 St. John's University School of Law

Tax Exemption And Racial Discrimination, John A. Liekweg, Esq.

The Catholic Lawyer

No abstract provided.


How A Diverse Administrative Law Judge Field Fosters Longevity And Public Confidence, Judith A. Parker 2017 Pepperdine University

How A Diverse Administrative Law Judge Field Fosters Longevity And Public Confidence, Judith A. Parker

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


A History Of Struggle: Nccu Law Library, Deborah Mayo Jefferies 2017 North Carolina Central University School of Law

A History Of Struggle: Nccu Law Library, Deborah Mayo Jefferies

Law Library History

Deborah Mayo Jefferies retired from NCCU School of Law in 2012, where she served as law library director for 23 years. She received her B.A. and M.S.LS from the University of North Carolina at Chapel Hill and her J.D. Degree from North Carolina Central University.

From the article: "

It is the intent of this article to preserve the history of a law library that was born in segregation, raised in discrimination, and refused to die in the wake of integration and affirmative action. I will describe how judicial decisions and legislation as well as societal attitudes ...


Newsroom: Golocalprov: Vargas '20 On Trump And The Future Of The Ri Gop 08-17-2017, GoLocalProv Political Team, Roger Williams University School of Law 2017 Roger Williams University

Newsroom: Golocalprov: Vargas '20 On Trump And The Future Of The Ri Gop 08-17-2017, Golocalprov Political Team, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Newsroom: The Violence In Charlottesville 08-14-2017, Michael J. Yelnosky 2017 Roger Williams University School of Law

Newsroom: The Violence In Charlottesville 08-14-2017, Michael J. Yelnosky

Life of the Law School (1993- )

No abstract provided.


Splitting Hairs: The Eleventh Circuit’S Take On Workplace Bans Against Black Women’S Natural Hair In Eeoc V. Catastrophe Management Solutions, D. Wendy Greene 2017 Cumberland School of Law, Samford University

Splitting Hairs: The Eleventh Circuit’S Take On Workplace Bans Against Black Women’S Natural Hair In Eeoc V. Catastrophe Management Solutions, D. Wendy Greene

University of Miami Law Review

What does hair have to do with African descendant women’s employment opportunities in the 21st century? In this Article, Professor Greene demonstrates that Black women’s natural hair, though irrelevant to their ability to perform their jobs, constitutes a real and significant barrier to Black women’s acquisition and maintenance of employment as well as their enjoyment of equality, inclusion, and dignity in contemporary workplaces. For nearly half a century, the federal judiciary has played a pivotal role in establishing and preserving this status quo. The Eleventh Circuit Court of Appeal’s recent decision in EEOC v. Catastrophe Management ...


Racing Abnormality, Normalizing Race: The Origins Of America's Peculiar Carceral State And Its Prospects For Democratic Transformation Today, Jonathan Simon 2017 University of California Berkeley School of Law

Racing Abnormality, Normalizing Race: The Origins Of America's Peculiar Carceral State And Its Prospects For Democratic Transformation Today, Jonathan Simon

Northwestern University Law Review

For those struggling with criminal justice reform today, the long history of failed efforts to close the gap between the promise of legal equality and the practice of our police forces and prison systems can seem mysterious and frustrating. Progress has been made in establishing stronger rights for individuals in the investigatory and sanctioning stages of the criminal process; yet, the patterns of over-incarceration and police violence, which are especially concentrated on people of color, have actually gotten worse during the same period. Seen in terms of its deeper history however, the carceral state is no longer puzzling: it has ...


Policing And Procedural Justice: Shaping Citizens' Identities To Increase Democratic Participation, Tracey Meares 2017 Yale Law School

Policing And Procedural Justice: Shaping Citizens' Identities To Increase Democratic Participation, Tracey Meares

Northwestern University Law Review

Like the education system, the criminal justice system offers both formal, overt curricula—found in the Bill of Rights, and informal or “hidden” curricula—embodied in how people are treated in interactions with legal authorities in courtrooms and on the streets. The overt policing curriculum identifies police officers as “peace officers” tasked with public safety and concern for individual rights, but the hidden curriculum, fraught with racially targeted stop and frisks and unconstitutional exercises of force, teaches many that they are members of a special, dangerous, and undesirable class. The social psychology of how people understand the fairness of legal ...


From Harm Reduction To Community Engagement: Redefining The Goals Of American Policing In The Twenty-First Century, Tom R. Tyler 2017 Yale Law School

From Harm Reduction To Community Engagement: Redefining The Goals Of American Policing In The Twenty-First Century, Tom R. Tyler

Northwestern University Law Review

Society would gain if the police moved away from the goal of harm reduction via crime reduction and toward promoting the economic, social, and political vitality of American communities. Research suggests that the police can contribute to this goal if they design and implement their policies and practices in ways that promote public trust. Such trust develops when the police exercise their authority in ways that people evaluate as being procedurally just.


Alternative Dispute Resolution For Election Access Issues In A Post-Voting Rights Act Section 5 Landscape, Casey Millburg 2017 Penn State Law

Alternative Dispute Resolution For Election Access Issues In A Post-Voting Rights Act Section 5 Landscape, Casey Millburg

Arbitration Law Review

No abstract provided.


White Privilege In The Criminal Justice System: Examining The Shift In Media Approach To The War On Drugs, Chanell M. Fitch 2017 Clark Atlanta University

White Privilege In The Criminal Justice System: Examining The Shift In Media Approach To The War On Drugs, Chanell M. Fitch

Electronic Theses & Dissertations Collection for Atlanta University & Clark Atlanta University

This study examines how the media has been used to perpetuate White privilege in the criminal justice system. The paper explores the shift in the media’s approach to drug epidemics depending on the demographic of drug users and how that shift in media influences the implementation of public policies. A policy analysis was used to examine the Anti-Drug Abuse Act of 1986 and the Comprehensive Addiction and Recovery Act of 2016 in order to understand the different approaches taken by politicians and how these approaches are reflective of biased media coverage. Based on this analysis, it is evident in ...


A Diverse Student Body Without Student Bodies?: Online Classrooms And Affirmative Action, Ryan H. Nelson 2017 Pepperdine University

A Diverse Student Body Without Student Bodies?: Online Classrooms And Affirmative Action, Ryan H. Nelson

Pepperdine Law Review

America’s public universities engage students in myriad classroom environments that range from traditional, entirely-in-person classroom environments to entirely-online, virtual classrooms, with every shade of grey in between. These varied learning environments pose a fascinating question with respect to the ways such universities use affirmative action in admissions. In Grutter v. Bollinger, the United States Supreme Court held that “student body diversity is a compelling state interest that can justify the use of race in university admissions.” Indeed, student body diversity remains one of the few “compelling interests” that the Court has held satisfies the constitutional imperative that the “government ...


Proving Identity, Jonathan Weinberg 2017 Pepperdine University

Proving Identity, Jonathan Weinberg

Pepperdine Law Review

United States law, over the past two hundred years or so, has subjected people whose race rendered them noncitizens or of dubious citizenship to a variety of rules requiring that they carry identification documents at all times. Those laws fill a gap in the policing authority of the state, by connecting the individual’s physical body with information the government has on file about him; they also can entail humiliation and subordination. Accordingly, it is not surprising that U.S. law has almost always imposed these requirements on people outside our circle of citizenship: African Americans in the antebellum South ...


Dilution Of The Black Vote: Revisiting The Oppressive Methods Of Voting Rights Restoration For Ex-Felons, Tara A. Jackson 2017 University of Miami Law School

Dilution Of The Black Vote: Revisiting The Oppressive Methods Of Voting Rights Restoration For Ex-Felons, Tara A. Jackson

University of Miami Race & Social Justice Law Review

No abstract provided.


A Never Ending State Of Emergency: The Danger Of National Security In Emboldening The Color Line In America, Celeste McCaw 2017 University of Miami Law School

A Never Ending State Of Emergency: The Danger Of National Security In Emboldening The Color Line In America, Celeste Mccaw

University of Miami Race & Social Justice Law Review

No abstract provided.


Nearsighted And Colorblind: The Perspective Problems Of Police Deadly Force Cases, Jelani Jefferson Exum 2017 University of Toledo College of Law

Nearsighted And Colorblind: The Perspective Problems Of Police Deadly Force Cases, Jelani Jefferson Exum

Cleveland State Law Review

In dealing with the recently publicized instances of police officers’ use of deadly force, some reform efforts have been focused on the entities that are central to the successful prosecutions of police—the prosecutor and the grand jury. Some have suggested special, independent prosecutors for these cases so that the process of deciding whether to seek charges against police officers remains untainted by the necessary cooperative relationship between the police department and the prosecutor’s office. Others have urged more transparency in the grand jury process so that the public can scrutinize a prosecutor’s efforts in presenting evidence for ...


The Duty To Charge In Police Use Of Excessive Force Cases, Rebecca Roiphe 2017 New York Law School

The Duty To Charge In Police Use Of Excessive Force Cases, Rebecca Roiphe

Cleveland State Law Review

Responding to the problems of mass incarceration, racial disparities in justice, and wrongful convictions, scholars have focused on prosecutorial overcharging. They have, however, neglected to address undercharging—the failure to charge in entire classes of cases. Undercharging can similarly undermine the efficacy and legitimacy of the criminal justice system. While few have focused on this question in the domestic criminal law context, international law scholars have long recognized the social and structural cost for nascent democratic states when they fail to charge those responsible for the prior regime’s human rights abuses. This sort of impunity threatens the rule of ...


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