Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Leveraging Antidiscrimination, Olatunde C.A. Johnson
Leveraging Antidiscrimination, Olatunde C.A. Johnson
Faculty Scholarship
As the Civil Rights Act of 1964 turns fifty, antidiscrimination law has become unfashionable. Civil rights strategies are posited as not up to the serious task of addressing contemporary problems of inequality such as improving mobility for low-wage workers or providing access into entry-level employment. This Article argues that there is a danger in casting aside the Civil Rights Act as one charts new courses to address inequality. This Article revisits the implementation strategies that emerged in the first decade of the Act to reveal that the Act was not limited to addressing formal discrimination or bias, but rather drew …
Reframing The Civil Rights Narrative: From Compliance To Collective Impact, Susan P. Sturm
Reframing The Civil Rights Narrative: From Compliance To Collective Impact, Susan P. Sturm
Faculty Scholarship
This chapter first analyzes the limits of the civil rights/compliance framework as an overarching change theory for transforming institutions and systems, and then sketches out the features of a full participation framework grounded in a collective-impact approach to reducing structural inequality. Full participation is a framework that nests antidiscrimination within an affirmative vision connected to a theory of action, and a methodology aimed at systems change. It resonates with a wide range of emerging scholarship and activism aimed at advancing equality under conditions of complexity, changing demographics, decentered governance, privatization, and technological change. The framework draws on insights from extensive …
Risky Arguments In Social-Justice Litigation: The Case Of Sex Discrimination And Marriage Equality, Suzanne B. Goldberg
Risky Arguments In Social-Justice Litigation: The Case Of Sex Discrimination And Marriage Equality, Suzanne B. Goldberg
Faculty Scholarship
This Essay takes up the puzzle of the risky argument or, more precisely, the puzzle of why certain arguments do not get much traction in advocacy and adjudication even when some judges find them to be utterly convincing. Through a close examination of the sex discrimination argument's evanescence in contemporary marriage litigation, this Essay draws lessons about how and why arguments become risky in social-justice cases and whether they should be made nonetheless. The marriage context is particularly fruitful because some judges, advocates, and scholars find it "obviously correct" that laws excluding same-sex couples from marriage discriminate facially based on …