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1981, Carliss Chatman

Washington and Lee Law Review

42 U.S.C. § 1981 should have solved a pervasive problem in American capitalism—when white economic interests do not converge with the contract rights of Black people, they are excluded from the market in a way that causes systemic harm. This Article proposes that the failure to enforce 1981 in the past may render it more harmful than beneficial in the present climate of retrenchment. The realities of racism combine with the lack of economic interest convergence to make combatting contract inequality on a contract-by-contract basis legally precarious, nearly impossible to properly evaluate, and difficult to economically incentivize. This is in …

Religious Minorities And Secular Rights, Joshua C. Mcdaniel

Washington and Lee Law Review

When religious claimants sue to protect their ability to practice their faith, they often invoke legal guarantees that specifically protect religious exercise. Yet historically—and still today—they also rely on secular guarantees like freedom of speech or equal protection. And their victories on these grounds set precedents not just for believers but for everyone. As a result, many rights we now take for granted stem from religious minorities pressing for the ability to preach, proselytize, and publish their religious views. No account of free speech law would be complete, for instance, without considering the pathbreaking decisions won by Jehovah’s Witnesses.

Although …

Table Of Contents

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Conflict As Catalyst: The Role Of Conflict In Creating Political Space For Women, Christie S. Warren

Faculty Publications

Although the benefits associated with the presence of women in political decision-making positions are uncontested, global statistics relating to the number of women in political leadership roles paint a disappointing picture of underutilized resources. While rights-based advocacy, quotas, and economic incentives are commonly posited as effective strategies to increase the number of women active in public spaces, several studies have shown that the law alone is not sufficient to bring about changes in gender norms unless the underlying structural constructs that perpetuate inequalities privileging dominant groups are addressed first. Conflict, especially when driven by rejection of those inequalities, can hasten …

Fixing Forty Years Of Failure: Objective Solutions To Batson’S Subjective Shortfalls, Katherine E. Donoghue

Cardozo Law Review

It is a sunny afternoon in rural Georgia. A young Black man goes for a jog. On his route, he crosses the train tracks and heads into a predominantly White neighborhood. As his sneakers rhythmically hit the pavement, he hears the rev of a pickup truck behind him. Shortly after, he hears a second truck. The young jogger picks up his pace, but so do the trucks. The trucks chase him and eventually surround him. Two White men get out with shotguns. One stands ready, barrel raised. The other approaches the jogger and fires a bullet into his chest.

That …

Rhetorical Violence: The Rhetorics Of Women's Counter Political Violence, Kylie Rowland

Department of English: Dissertations, Theses, and Student Research

Protest is omnipresent, and yet not much is known about the efficacy and impacts of its different rhetorical strategies—particularly so for marginalized populations, whose available means of protest are already limited by both material realities and assumptions that govern who and what can make waves. This bind is further exacerbated by gendered and racialized civility politics that determine which bodies can be disruptive and which already are considered “violent.” To address this gap, I turn toward the under-researched rhetorical potentials of marginalized people’s—specifically women and queer folks’—use of symbolic protest “violence,” which works to strategically make evident the larger ongoing …

Antitrust And Economic Liberty, Doha Mekki

Fordham Law Review

No abstract provided.

Interrogation Of Regents And Administrative Reliance Interests In The Context Of Vacillating Immigration Policy, Sarah Engelberg-Nolan

Fordham Law Review

Arbitrary and capricious review under the Administrative Procedure Act (APA) operates as an important agency-accountability tool when invoked as intended. But the recent U.S. Supreme Court case Department of Homeland Security v. Regents of the University of California and subsequent lower federal court cases have opened the floodgates to a more searching and potentially activist review. In Regents, the Court held that the administration of President Donald J. Trump could not rescind the discretionary immigration program Deferred Action for Childhood Arrivals (DACA) in the manner the U.S. Department of Homeland Security (DHS) attempted, in part because DHS failed to …

The Racial Implications For Black Claimants At The Federal Arbitration Act's Centennial, Michael Z. Green

Faculty Scholarship

On February 12, 1925, when President Calvin Coolidge signed into law an Act to make arbitration agreements "valid, irrevocable, and enforceable," no person could have expected that this new statute would ever apply to claims by Black litigants. A century later, that law, now referred to as the Federal Arbitration Act (FAA), has evolved to encompass disputes involving a broad array of claimants and processes where businesses enforce pre-dispute agreements to arbitrate. In examining whether Black claimants (businesses, consumers, and importantly, workers) may benefit from using arbitration, this Article investigates how the FAA, as enacted, never intended to address their …

Uncomfortably Reminiscent: Odonnell V. Harris County In History And Memory, Kellen R. Funk

Faculty Scholarship

In ODonnell v. Harris County, a federal trial court enjoined the misdemeanor bail system of Houston, Texas, freeing approximately 20,000 indigent defendants annually. To do this, the trial court drew upon Reconstruction era precedents establishing intensive federal oversight of state criminal proceedings. The court explicitly invoked the Civil War and Reconstruction transformation of the federal judiciary, comparing the County’s defenses to slavery era arguments. Conversely, when the en banc Fifth Circuit reviewed a similar order in Dallas, Texas, six years later, it rejected this historical framework, condemning such litigation as an impermissible “ongoing federal audit of state criminal proceedings.” …

Unwelcomeness Reconsidered: Adapting Sexual Harassment Law In The Long Wake Of #Metoo, Collin Christner

Michigan Law Review

The federal cause of action for sexual harassment in employment grew out of Title VII’s prohibition of workplace sex discrimination. In many circuits, for sexual harassment claims to be actionable, the plaintiff must show they found the referenced conduct “unwelcome.” Commentators have criticized that requirement since its inception; nonetheless, it has been wielded by courts that are either resistant or reluctant to abandon it. “Unwelcomeness” (or lack of evidence thereof) has been used to permit swaths of inappropriate workplace conduct— enshrining old, sexist stereotypes into America’s employment regulations. This Note evaluates the current approach to the unwelcomeness requirement and proposes …

2025 Martin Luther King, Jr. Keynote Lecture, Madiba Dennie

Villanova Law Review (1956 - )

No abstract provided.

Lessons Learned From Global Responses To Criminal Abortion Laws, Cynthia Soohoo

Fordham Law Review Online

No abstract provided.

Asking Hospitals To Do Their Share, Kimberly Mutcherson

Fordham Law Review Online

No abstract provided.

Law's Limits: Abortion And The Social Determinants Of Health, Maya Manian

Fordham Law Review Online

No abstract provided.

Abortion, Power And The Future Of Healthcare, Elizabeth Kukura

Fordham Law Review Online

No abstract provided.

Continued Resistance And Resilience After Dobbs, David S. Cohen, Carole Joffe

Fordham Law Review Online

No abstract provided.

Lowering Of The Lowered: The ‘Spectacular’ Construction Of ‘Humiliation’ In The Indian Prevention Of Atrocities Act 1989, Ashna Singh

National Law School of India Review

The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 is the only law in India that explicitly recognises caste-based insults or hate speech as an offence. In doing so, it captures the distinctive harm of such speech as humiliation. This article focuses on Section 3(1)(r) of the Act and argues that this recognition is significantly qualified by the “public view” requirement. Drawing on socio-political scholarship on humiliation, I show that judicial interpretation of this requirement has produced an extra-legislative condition of spectacularity. Courts tend to read caste-based humiliation through the paradigm of visible, overt, and collective atrocity, …

Lost And Found, Katherine M. Houlden

Nebraska Journal on Advancing Justice

No abstract provided.

Home Of The Brave, Land Of The Free: The Star-Spangled Banner's Contested History, Michael H. Hoffheimer

Nebraska Journal on Advancing Justice

No abstract provided.

Pearl's Perfect Last Will - Crushed By Infantilism Bias, Edward F. Fogarty Mr

Nebraska Journal on Advancing Justice

No abstract provided.

Dangerous Or Neglected, Amanda Landaverde

Nebraska Journal on Advancing Justice

No abstract provided.

The Call To Action, And My Reluctant Answer, Audrey R. Svane

Nebraska Journal on Advancing Justice

No abstract provided.

Legacy: Introduction To Issue 2, Nicholas L. Marti

Nebraska Journal on Advancing Justice

No abstract provided.

Volume 2, Issue 2 Masthead, Njaj Editorial Board

Nebraska Journal on Advancing Justice

No abstract provided.

Some Thoughts About Free Speech And Hostile Environment Discrimination On College Campuses, Mark Tushnet

Journal of Civil Rights and Economic Development

(Excerpt)

Section I examines which kinds of utterances may be considered in determining whether a hostile environment exists, and how those utterances may be taken into account. After distinguishing between targeted utterances directed at an identifiable individual and general statements that disparage a racial or nation-origin group, this Section focuses on targeted utterances.

Section II then turns to general statements, typically of a more clearly political sort. After describing the quite limited nature under which individuals can be held liable for general statements, the Section argues that such statements can be part of the “dossier” relevant to hostile environment discrimination, …

The First Amendment, Student Protest On Campus And The Law, Gene Policinski

Journal of Civil Rights and Economic Development

(Excerpt)

After a brief background on the history of student protest and free expression, this Article examines campus speech policies developed in response to student protests in the 1960s, and present examples of how these codes and regulations recently have been reviewed and revised in light of campus protests and disruptions, with many involving the Israeli-Palestinian conflict.

Next, this Article also examines the ongoing impact of federal legislation—specifically Titles VI and IX of the Civil Rights Act of 1964—on campus speech. In addition, this section addresses public attitudes regarding campus protests and related on campus issues, as well as an …

Dred Scott, Military Enslavement, And The Case For Reparations, Hugh Mcclean

Kentucky Law Journal

No abstract provided.

Dating Among University Undergraduates Living With Disability In South-Western Nigeria, Usman A. Ojedokun, Bukunmi I. Oluborode, Lateef J. Adeyemo

The Journal of Social Encounters

In many university campuses in Nigeria, undergraduates living with disability are visible and functionally involved in academic, political, social, and religious activities. However, the social life of these students is hardly the focus of scholarly research. Therefore, this study explored dating behaviours among undergraduates of selected public universities in south-western Nigeria living with disability. The social disability model was employed as the conceptual framework. Data were elicited through in-depth interview and focus group discussion methods.  Findings showed that the choice of partners among undergraduates living with disability was guided by trust, communication, emotional safety, shared values, and acceptance of disability …

Where Are The Women Memorialized? Commemoration Of Women In The U.S. Congress, Deborah Saki, Alexander Leasure

The Journal of Social Encounters

In the United States, a study of the memorialization of political actors through monuments reveals the disgracefully small number of women memorialized. We find little effort to preserve the memory of trailblazing women in the U.S. Congress. By 2021, as the National Monument Audit indicates, only two congresswomen were memorialized in public spaces across the country: Rep. Barbara Jordan (D-T.X.) and Rep. Millicent Fenwick (R-N.J.). Drawing on frameworks of historical memory and theories of reputational politics, we examine the public conversations that led to the memorialization of these women. We find motive, institutional power, and clarity of narrative in …