Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- William & Mary Law School (78)
- Villanova University Charles Widger School of Law (69)
- Maurer School of Law: Indiana University (12)
- Seattle University School of Law (11)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (11)
-
- University of Colorado Law School (9)
- Florida A&M University College of Law (8)
- New York Law School (8)
- Pepperdine University (8)
- University of South Carolina (8)
- Georgia State University College of Law (4)
- St. John's University School of Law (4)
- Touro University Jacob D. Fuchsberg Law Center (4)
- University of the District of Columbia School of Law (4)
- Washington and Lee University School of Law (4)
- West Virginia University (4)
- American University Washington College of Law (3)
- Embry-Riddle Aeronautical University (3)
- Fordham Law School (2)
- Penn State Dickinson Law (2)
- The University of Akron (2)
- University of Oklahoma College of Law (2)
- Barry University School of Law (1)
- Brigham Young University (1)
- Chicago-Kent College of Law (1)
- Cleveland State University (1)
- Loyola Marymount University and Loyola Law School (1)
- Northwestern Pritzker School of Law (1)
- Southern Methodist University (1)
- Tuskegee University (1)
- Publication Year
- Publication
-
- Villanova Law Review (69)
- William & Mary Law Review (53)
- William & Mary Bill of Rights Journal (15)
- Nevada Law Journal (11)
- William & Mary Journal of Race, Gender, and Social Justice (10)
-
- Indiana Law Journal (9)
- University of Colorado Law Review (9)
- Florida A & M University Law Review (8)
- NYLS Law Review (8)
- South Carolina Law Review (8)
- Pepperdine Law Review (7)
- Seattle University Law Review (7)
- Georgia State University Law Review (4)
- Seattle Journal for Social Justice (4)
- St. John's Law Review (4)
- Washington and Lee Journal of Civil Rights and Social Justice (4)
- West Virginia Law Review (4)
- International Bulletin of Political Psychology (3)
- Touro Law Review (3)
- University of the District of Columbia Law Review (3)
- Akron Law Review (2)
- Dickinson Law Review (2017-Present) (2)
- Indiana Journal of Law and Social Equality (2)
- Oklahoma Law Review (2)
- American University Law Review (1)
- Antioch Law Journal (1)
- Barry Law Review (1)
- Brigham Young University Prelaw Review (1)
- Chicago-Kent Law Review (1)
- Cleveland State Law Review (1)
Articles 1 - 30 of 277
Full-Text Articles in Law
Loving Reparations, Eric J. Miller
Loving Reparations, Eric J. Miller
University of Colorado Law Review
No abstract provided.
Foreword: Looking Back To Move Forward: Exploring The Legacy Of U.S. Slavery, Suzette Malveaux
Foreword: Looking Back To Move Forward: Exploring The Legacy Of U.S. Slavery, Suzette Malveaux
University of Colorado Law Review
No abstract provided.
Foreword: Expanding The Boundaries Of Knowledge About Slavery And Its Legacy, Lolita Buckner Inniss
Foreword: Expanding The Boundaries Of Knowledge About Slavery And Its Legacy, Lolita Buckner Inniss
University of Colorado Law Review
No abstract provided.
Higher Education Redress Statutes: A Preliminary Analysis Of States’ Reparations In Higher Education, Christopher L. Mathis
Higher Education Redress Statutes: A Preliminary Analysis Of States’ Reparations In Higher Education, Christopher L. Mathis
University of Colorado Law Review
No abstract provided.
Shades Of Justice: Racial Profiling Then And Now, F. Michael Higginbotham
Shades Of Justice: Racial Profiling Then And Now, F. Michael Higginbotham
University of Colorado Law Review
No abstract provided.
Slave Law, Race Law, Gabriel J. Chin
Slave Law, Race Law, Gabriel J. Chin
University of Colorado Law Review
No abstract provided.
Social Construction Of Race Undergirds Racism By Providing Undue Advantages To White People, Disadvantaging Black People And Other People Of Color, And Violating The Human Rights Of All People Of Color, Adjoa A. Aiyetoro
University of Colorado Law Review
No abstract provided.
Roundtable: The 1921 Tulsa Race Massacre; The Quest For Accountability, Robert Turner
Roundtable: The 1921 Tulsa Race Massacre; The Quest For Accountability, Robert Turner
University of Colorado Law Review
No abstract provided.
The Color(Blind) Conundrum In Colorado Property Law, Tom I. Romero Ii
The Color(Blind) Conundrum In Colorado Property Law, Tom I. Romero Ii
University of Colorado Law Review
No abstract provided.
Meaningless Dna: Moore’S Inadequate Protection Of Genetic Material, Natalie Alexander
Meaningless Dna: Moore’S Inadequate Protection Of Genetic Material, Natalie Alexander
Dickinson Law Review (2017-Present)
Moore v. Regents of the University of California represents the seminal case regarding the protection of genetic material. In this case, the California Supreme Court held that patients do not retain property rights in their excised genetic material; instead, informed consent laws serve as genetic material’s only protection. Many states have accepted the Moore court’s decision not to extend property rights to genetic material, and most states choose to protect genetic material through informed consent alone. Moore and informed consent do not adequately protect genetic material, creating unjust results in which “donors” of genetic material have little to no recourse …
Sex Trait Discrimination: Intersex People And Title Vii After Bostock V. Clayton County, Sam Parry
Sex Trait Discrimination: Intersex People And Title Vii After Bostock V. Clayton County, Sam Parry
Washington Law Review
Title VII of the Civil Rights Act of 1964 protects employees from workplace discrimination and harassment on account of sex. Courts have historically failed to extend Title VII protections to LGBTQ+ people. However, in 2020, the U.S. Supreme Court decision in Bostock v. Clayton County changed this. Bostock explicitly extended Title VII’s protections against workplace discrimination to “homosexual” and “transgender” people, reasoning that it is impossible to discriminate against an employee for being gay or transgender without taking the employee’s sex into account. While Bostock is a win for LGBTQ+ rights, the opinion leaves several questions unanswered. The reasoning in …
Racial Disparities In South Carolina's Juvenile Justice System: Why They Exist And How They Can Be Reduced, Grace E. Driggers
Racial Disparities In South Carolina's Juvenile Justice System: Why They Exist And How They Can Be Reduced, Grace E. Driggers
South Carolina Law Review
No abstract provided.
The Constitutionality Of The Title Ix Religious Exemption, Madelyn Jacobsen, Rebecca Batty, Editor
The Constitutionality Of The Title Ix Religious Exemption, Madelyn Jacobsen, Rebecca Batty, Editor
Brigham Young University Prelaw Review
Petitioners in Hunter v. Department of Education questioned the constitutionality of the Title IX religious exemption as the basis of their 2021 class-action lawsuit. They claimed that more than 30 religious schools maintained discriminatory policies against LGBTQ students under the exemption. The religious exemption, often painted as unconstitutional discrimination, permits religious schools' adherence to sincerely held religious beliefs—and promotes a distinctive religious education that secular schools lack. This paper examines legal precedents relevant to religious freedom, higher education, and discrimination that demand the Title IX religious exemption remains in effect.
Diversity's Distractions Revisited: The Case Of Latinx In Higher Education, Rachel F. Moran
Diversity's Distractions Revisited: The Case Of Latinx In Higher Education, Rachel F. Moran
South Carolina Law Review
No abstract provided.
Reclaiming Equality: How Regressive Laws Can Advance Progressive Ends, Jonathan P. Feingold
Reclaiming Equality: How Regressive Laws Can Advance Progressive Ends, Jonathan P. Feingold
South Carolina Law Review
No abstract provided.
How In The World Could They Reach That Conclusion?, Hon. Carlton Reeves
How In The World Could They Reach That Conclusion?, Hon. Carlton Reeves
Dickinson Law Review (2017-Present)
No abstract provided.
An Unfulfilled Promise: Section 1557'S Failure To Effectively Confront Discrimination In Healthcare, Majesta-Doré Legnini
An Unfulfilled Promise: Section 1557'S Failure To Effectively Confront Discrimination In Healthcare, Majesta-Doré Legnini
William & Mary Journal of Race, Gender, and Social Justice
When the Patient Protection and Affordable Care Act passed, it offered a broad promise to provide access to quality care on a nondiscriminatory basis. To achieve nondiscrimination, Congress included Section 1557, which integrated the nondiscrimination protections granted under Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments, Section 504, and the Age Discrimination Act. The language of the statute has proved that the section cannot achieve its broad promise. Covering only intentional discrimination and usually interpreted to divide the standard so that intersectional discrimination cannot be redressed, Section 1557 fails to address discrimination in …
Off-White: Al-Khazraji And Shaare Tefila's Potential To De-Essentialize Antidiscrimination Law
Off-White: Al-Khazraji And Shaare Tefila's Potential To De-Essentialize Antidiscrimination Law
Florida A & M University Law Review
The figure of the Arab Jew has historically occupied a space at the margins of Jewish life, rendered peripheral or even invisible by a lens trained on the experiences of Jews of European descent. Drawing in part from the academic lineage of Kimberl´e Kimberle Crenshaw’s theory of intersectionality, American Jews of Arab and Middle Eastern descent (“Mizrahi Jews”) are increasingly joining their Israeli counterparts and Jews of color in the United States in challenging the naturalization of Jewish whiteness in the popular imagination. In a striking parallel between this groundswell of community theorizing and legal strategy, the Supreme Court in …
Post-Conviction Release And Defacto Double Jeopardy: Making The Case For Felons As A Quasi-Suspect Class Due To The Collateral Consequences Of A Felony Conviction
Florida A & M University Law Review
Felons are a prime example of a sub-class of individuals that, once convicted in a court of law, are classified, punished, stigmatized, stripped of their rights as American citizens, and discriminated against. Could this be a form of De Facto double jeopardy? While felons are not literally subjected to a second trial within the judicial system for the same offense, felons face a pseudo trial with society, as its jury, upon re-entry into society, based on the continual discrimination for crimes they have already served time for. The enactment of discriminatory laws against felons dehumanizes the individual by discarding their …
Testing The Limits: Asian Americans And The Debate Over Standardized Entrance Exams, Vinay Harpalani
Testing The Limits: Asian Americans And The Debate Over Standardized Entrance Exams, Vinay Harpalani
South Carolina Law Review
No abstract provided.
Solving The Procedural Puzzles Of The Texas Heartbeat Act And Its Imitators: The Potential For Defensive Litigation, Charles W. "Rocky" Rhodes, Howard M. Wasserman
Solving The Procedural Puzzles Of The Texas Heartbeat Act And Its Imitators: The Potential For Defensive Litigation, Charles W. "Rocky" Rhodes, Howard M. Wasserman
SMU Law Review
The Texas Heartbeat Act (SB8) prohibits abortions following detection of a fetal heartbeat, a constitutionally invalid ban under current Supreme Court precedent. But the law adopts a unique enforcement scheme—it prohibits enforcement by government officials in favor of private civil actions brought by “any person,” regardless of injury. Texas sought to burden reproductive-health providers and rights advocates with costly litigation and potentially crippling liability.
In a series of articles, we explore how SB8’s exclusive reliance on private enforcement creates procedural and jurisdictional hurdles to challenging the law’s constitutional validity and obtaining judicial review. This piece explores defensive litigation, in which …
The President And Individual Rights, Mark Tushnet
The President And Individual Rights, Mark Tushnet
William & Mary Bill of Rights Journal
No abstract provided.
Shareholder Meetings And Freedom Rides: The Story Of Peck V. Greyhound, Harwell Wells
Shareholder Meetings And Freedom Rides: The Story Of Peck V. Greyhound, Harwell Wells
Seattle University Law Review
In 1947, civil rights pioneers James Peck and Bayard Rustin, members of the radical religious group, the Fellowship of Reconciliation, and its offshoot, the Congress of Racial Equality (CORE), prepared to embark on the Journey of Reconciliation, an interracial protest against segregated busing in the American South. But first, they did something else radical: they bought shares in a corporation. A year later, after their travels in the South had led to terror, death threats, beatings, and in Rustin’s case, a term on a chain gang, they brought their civil rights activism to a new site of protest—the shareholder meeting …
Fee-Shifting Statutes And Compensation For Risk, Maureen Carroll
Fee-Shifting Statutes And Compensation For Risk, Maureen Carroll
Indiana Law Journal
A law firm that enters into a contingency arrangement provides the client with more than just its attorneys’ labor. It also provides a form of financing, because the firm will be paid (if at all) only after the litigation ends; and insurance, because if the litigation results in a low recovery (or no recovery at all), the firm will absorb the direct and indirect costs of the litigation. Courts and markets routinely pay for these types of risk-bearing services through a range of mechanisms, including state feeshifting statutes, contingent percentage fees, common-fund awards, alternative fee arrangements, and third-party litigation funding. …
Designing The Legal Architecture To Protect Education As A Civil Right, Kimberly J. Robinson
Designing The Legal Architecture To Protect Education As A Civil Right, Kimberly J. Robinson
Indiana Law Journal
Although education has always existed at the epicenter of the battle for civil rights, federal and state law and policy fail to protect education as a civil right. This collective failure harms a wide array of our national interests, including our foundational interests in an educated democracy and a productive workforce. This Article proposes innovative reforms to both federal and state law and policy that would protect education as a civil right. It also explains why the U.S. approach to education federalism will require legal reforms by both levels of government to protect education as a civil right.
Section 1983 & Qualified Immunity: Qualifying The Death Of Due Process And America's Most Vulnerable Classes Since 1871. Can It Be Fixed?, Gabrielle Pelura
Section 1983 & Qualified Immunity: Qualifying The Death Of Due Process And America's Most Vulnerable Classes Since 1871. Can It Be Fixed?, Gabrielle Pelura
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
The First Amendment And The Roots Of Lgbt Rights Law: Censorship In The Early Homophile Era, 1958-1962, Jason M. Shepard
The First Amendment And The Roots Of Lgbt Rights Law: Censorship In The Early Homophile Era, 1958-1962, Jason M. Shepard
William & Mary Journal of Race, Gender, and Social Justice
Long before substantive due process and equal protection extended constitutional rights to homosexuals under the Fourteenth Amendment, in three landmark decisions by the Supreme Court of the United States, First Amendment law was both a weapon and shield in the expansion of LGBT rights. This Article examines constitutional law and “gaylaw” from the perspective of its beginning, through case studies of One, Inc. v. Olesen (1958), Sunshine Book Co. v. Summerfield (1958), and Manual Enterprises, Inc. v. Day (1962). In protecting free press rights of sexual minorities to use the U.S. mail for mass communications, the Warren Court’s liberalization of …
Theorizing Racial Microaffirmations As A Response To Racial Microaggressions: Counterstories Across Three Generations Of Critical Race Scholars, Daniel Solórzano, Lindsay Pérez Huber, Layla Huber-Verjan
Theorizing Racial Microaffirmations As A Response To Racial Microaggressions: Counterstories Across Three Generations Of Critical Race Scholars, Daniel Solórzano, Lindsay Pérez Huber, Layla Huber-Verjan
Seattle Journal for Social Justice
No abstract provided.