Digital Commons Network^™

Living "Off-Stage": The Semiotic Potential Of Narrative In Paula Johnson's Inner Lives: Voices Of African-American Women In Prison, Emily Houh

Faculty Articles and Other Publications

The hopelessness and hopefulness in the voices of the women profiled in Inner Lives exemplify a semiotic response to the racism that permeates the criminal justice and prison systems in the United States. This article asks how, in the telling of their stories and living of their lives, the incarcerated and formerly incarcerated women profiled in the book engage in a working semiotics. The extraordinary thing about the narratives collected by Johnson is that they describe how women who have been placed at the very bottom of the American social consciousness are successfully constructing their own image-repertoires rather than accepting …

Statutory Limitations On Civil Rights Of People With Criminal Records, Debbie A. Mukamal, Paul N. Samuels

Fordham Urban Law Journal

State and federal statutory restrictions limit the civil rights of individuals with criminal records and create a barrier to reentry into society. The article explores eight specific areas of restriction: (1) ability to obtain employment, (2) eligibility for public housing, (3) eligibility for public assistance and food stamps, (4) eligibility for student loans, (5) access to records for non-criminal justice purposes, (6) voting rights, (7) drivers' licenses privileges, and (8) rights to be foster and adoptive parents. Finally, the article argues that the government has an obligation ensure fairness and opportunities to reenter society for people with such records.

The Freedom Of Information Act Post-9/11: Balancing The Public's Right To Know, Critical Infrastructure Protection, And Homeland Security, Kristen Elizabeth Uhl

American University Law Review

No abstract provided.

Can The Environmental Justice Movement Survive Without Title Vi Of The Civil Rights Act, Daniel V. Madrid

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Federal Courts: Alexander V. Sandoval: Civil Rights Without Remedies, Benjamin Labow

Oklahoma Law Review

No abstract provided.

Employers Who Implement Pre-Employment Tests To Screen Their Applicants, Beware (Or Not): An Analysis Of Lanning V. Southeastern Pennsylvania Transportation Authority And The Business Necessity Defense As Applied In Third Circuit Employment Discrimination Cases, Michael R. Sarno

Villanova Law Review (1956 - )

No abstract provided.

Interception - The Courts Get Another Pass At The Ncaa And The Intentional Discrimination Of Proposition 16 In Pryor V. Ncaa, Anneliese Munczinski

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Mobilizing Immigrants, Jayanth K. Krishnan

Articles by Maurer Faculty

No abstract provided.

Devolution And Discrimination, Victor C. Romero

Faculty Scholarship

This essay explores the issue of whether discrimination against two historically disadvantaged groups - racial minorities, on the one hand, and gays and lesbians, on the other - might increase or decrease should the federal immigration power devolve to the individual states. I conclude that while the lack of uniformity that accompanies immigration law devolution might lead to undesirable results in welfare reform and criminal law enforcement, and would likely not stem the tide of racism, it might lead to the opening of opportunities for gay Americans to petition their binational partners for immigration benefits. Such a development would turn …

Racial And Ethnic Profiling: Statutory Discretion, Constitutional Remedies, And Democratic Accountability, Sujit Choudhry, Kent Roach

Osgoode Hall Law Journal

Given the prominence of the issue of racial, ethnic, and religious profiling in the public debate about terrorism, it is significant that Canada's two legislative responses to September 11 - the Anti-terrorism Act and the proposed Public Safety Act - are silent on the issue, neither explicitly authorizing profiling nor expressly banning it. In this article, we focus on the constitutional remedies available for profiling in the face of these statutory silences, and the implication that the choice of remedies holds for both remedial efficacy and democratic accountability. Contrary to the position held by the majority of the Supreme Court …

The War On Terror: Constitutional Governance In A State Of Permanent Warfare?, W. Wesley Pue

All Faculty Publications

This article assesses Canada's principal legal responses to the challenge presented by terrorism in the aftermath of the September 11, 2001 attacks on the United States. A review of major federal anti-terrorism legislation reveals a legislative response that fundamentally violates core constitutional principles while failing to significantly enhance public safety.

Puppy Love: Bioterrorism, Civil Rights, And Public Health, George J. Annas

Faculty Scholarship

Florida has been the state humorists most like to make fun of since the 2000 presidential election, especially when it comes to politics. And humorists are almost the only commentators who can be counted on to tell us the truth about the state of American politics today. When Californians decided to recall their Governor, for example, Conan O'Brien observed: "Yesterday Arnold Schwarzenegger announced he would run for governor of California. The announcement was good news for Florida residents, who now live in the second-flakiest state in the country."' And when more than 200 people filed to run for Governor, Jay …

Reforming Civil Rights With Systems Reform: Health Care Disparities, Translation Services, & Safe Harbors, Sidney D. Watson

All Faculty Scholarship

Looking gaunt but determined, 59 year-old Robert Tools was introduced on August 21, 2001, as a medical miracle-the first surviving recipient of a fully implantable artificial heart. At a news conference, Tools spoke with emotion about his second chance at life and the quality of his care. His physician looked on with obvious affection, grateful and honored to have extended Tools's life. Mr. Tools has since lost his battle for life, but will be remembered as a hero for undergoing an experimental technology and paving the way for other patients to undergo the procedure. Moreover, the fact that Tools was …

Race, Crime And The Pool Of Surplus Criminality: Or Why The "War On Drugs" Was A "War On Blacks", Kenneth B. Nunn

UF Law Faculty Publications

The War on Drugs has had a devastating effect on African American communities nationwide. The concept of the pool of surplus criminality may explain the drug war's focus on African Americans. Faced with a perceived drug problem, White Americans naturally identified African American people as the source of that threat and targeted them for police harassment and penal control. There are ways in which the drug war may be construed as a race war. The disproportionate impact on the African American community, evidence that policy makers anticipated the drug war would disproportionately harm the African American community, and the historic …

An Equality Paradign For Preventing Genetic Discrimination, Anita Silvers, Michael A. Stein

Vanderbilt Law Review

On June 26, 2000, scientists announced at a White House news conference that they had completed mapping the human genome sequence, the human race's genetic blueprint. This pronouncement generated tremendous and well-deserved excitement. Genomics, the study and application of genetic information, promises to be an unparalleled tool for improving public health. Genetic testing can identify asymptomatic individuals who are at risk of becoming ill themselves or bestowing illness on their children. As a result, individuals who test positive can take prophylactic measures to slow or stop disease and can also reduce the births of progeny at high risk of compromised …

Traffic Stop Practices Of The Louisville Police Department: January 15 - December 31, 2001, Terry D. Edwards, Elizabeth L. Grossi, Gennaro F. Vito, Angela D. Crews

Criminal Justice Faculty Research

This report summarizes the findings of a study conducted using data collected by the Louisville Division of Police between January 15, 2001 and December 31, 2001. These data resulted from 48,586 interactions between law enforcement officers and citizens during traffic-related contacts.

Information was collected about the driver, the officer, and the stop event. Driver demographics included race, sex, age, residency, license number, and vehicle registration. The only information collected about the officer was officer badge number. Finally, data collected about the stop event include the date, time of day, reason for stop, activities during the stop, number of passengers, and …

The Selective Deportation Of Same-Gender Partners: In Search Of The "Rara Avis", Victor C. Romero

University of Miami Law Review

No abstract provided.

Habeas Review Of Perfunctory State Court Decisions On The Merits, Scott Dodson

Faculty Publications

This article discusses the appropriate standard of review a federal habeas court should use to review a state-court determination of federal law unaccompanied by a federally-based rationale. In other words, what standard of review does the federal court employ when the state court’s opinion is wholly composed of the phrases: “The claims are without merit. Denied.”? The Supreme Court has not explicitly resolved the issue, and various federal judges around the country have reached different opinions. This article argues that a close scrutiny of the controlling habeas corpus statute, relevant case law, and policy considerations leads to the conclusion that …

Korematsu's Ghost: A Post-September 11th Analysis Of Race And National Security, Liam Braber

Villanova Law Review (1956 - )

No abstract provided.

The Selective Deportation Of Same-Gender Partners: In Search Of The "Rara Avis", Victor C. Romero

Faculty Scholarship

This article seeks to explore the possibility that a selective deportation of a same-gender partner who has overstayed her visa constitutes an outrageous case under the AADC test. Its modest goal is to discourage the INS from ever pursuing such a strategy, knowing that there are probably many who believe that same-gender overstays, even if civilly united in Vermont, are not the ideal candidates for "suspect class" status under U.S. constitutional law. That notwithstanding, common sense and sound doctrine suggest that, despite the many anti-gay and anti-immigrant decisions handed down over the last twenty years, the Court will not hesitate …

Not As Simple As Learning The Abc's: A Comment On Owasso Independent School District No. I-Ol1 V. Falvo And The State Of The Family Educational Rights And Privacy Act, Randi M. Rothberg

Cardozo Journal of Equal Rights & Social Justice

The article examines the Supreme Court's rulings in Falvo and Owasso, which determined that peer grading practices do not violate FERPA as the records involved are not classified as education records. This highlights significant implications for student privacy rights and underscores the need for clarifying FERPA's definitions to prevent future legal disputes.

Victimizing The Victim: Evicting Domestic Violence Victims From Public Housing Based On The Zero-Tolerance Policy, Tara M. Vrettos

Cardozo Journal of Equal Rights & Social Justice

The note argues that zero-tolerance eviction policies in public housing, authorized under federal law, unjustly penalize domestic violence victims by evicting them for crimes committed by others, including their abusers. These policies, upheld by the Supreme Court in Rucker, disproportionately harm low-income women, pushing them into homelessness and perpetuating cycles of abuse. The note advocates for a nuanced, case-specific approach to balance public safety and tenant rights, drawing parallels to child custody cases where victims are similarly blamed. It calls for federal reform to protect domestic violence survivors and end their victimization by the legal system.

An Equity Paradigm For Preventing Genetic Discrimination, Anita Silvers, Michael Ashley Stein

Faculty Publications

No abstract provided.

Department Of Justice Oversight: Preserving Our Freedoms While Defending Against Terrorism: Hearing Before The S. Comm. On The Judiciary, 107th Cong., Dec. 6, 2001 (Statement Of Neal Kumar Katyal, Prof. Of Law, Geo. U. L. Center), Neal K. Katyal

Testimony Before Congress

No abstract provided.

Envisioning A Future For Age And Disability Discrimination Claims, Alison Barnes

University of Michigan Journal of Law Reform

This Article considers the reasons for reinterpretations of age and disability and examines the fundamental reasons for changes in the implementation of both the ADA and ADEA. Part I presents the basic structure and relevant requirements of the two statutes and comments on the reasons their legislative purposes are not often seen as overlapping. Part II discusses the recent Supreme Court decisions that have undermined the purposes and implementation of both the ADA and ADEA and chilled causes of action based on the ADA and ADEA. Part III projects the current problems with anti-discrimination causes into the future, when older …

Disability, Equal Protection, And The Supreme Court: Standing At The Crossroads Of Progressive And Retrogressive Logic In Constitutional Classification, Anita Silvers, Michael Ashley Stein

University of Michigan Journal of Law Reform

This Article compares current disability jurisprudence with the development of sex equality jurisprudence in the area of discrimination. It demonstrates that current disability law resembles the abandoned, sexist framework for determining sex equality and argues that disability equality cases should receive similar analysis as the more progressive, current sex equality standard. As such, the Article attempts to synthesize case law (14th Amendment Equal Protection jurisprudence) and statutory law (Title VII and the ADA) into a comprehensive overview of the state of current disability law viewed within the context of discrimination law in general.

Disability, Equal Protection, And The Supreme Court: Standing At The Crossroads Of Progressive And Retrogressive Logic In Constitutional Classification, Anita Silvers, Michael Ashley Stein

Faculty Publications

This Article compares current disability jurisprudence with the development of sex equality jurisprudence in the area of discrimination. It demonstrates that current disability law resembles the abandoned, sexist framework for determining sex equality and argues that disability equality cases should receive similar analysis as the more progressive, current sex equality standard. As such, the Article attempts to synthesize case law (l4th Amendment Equal Protection jurisprudence) and statutory law (Title VII and the ADA) into a comprehensive overview of the state of current disability law viewed within the context of discrimination law in general.

The Role Of Discrimination And Drug Policy In Excessive Incarceration In The United States, Steven J. Boretos

University of the District of Columbia Law Review

No abstract provided.

Section 4: Civil Rights, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Tax Expenditures, Social Justice, And Civil Rights: Espanding The Scope Of Civil Rights Laws To Apply To Tax-Exempt Charities, David A. Brennen

BYU Law Review

No abstract provided.