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Civil Rights and Discrimination

Duke Law

Equality

Articles 1 - 9 of 9

Full-Text Articles in Law

Reynolds Reconsidered, Guy-Uriel E. Charles, Luis Fuentes-Rohwer Jan 2015

Reynolds Reconsidered, Guy-Uriel E. Charles, Luis Fuentes-Rohwer

Faculty Scholarship

No abstract provided.


Title Vii At 50: Contemporary Challenges For U.S. Employment Discrimination Law, Trina Jones Jan 2014

Title Vii At 50: Contemporary Challenges For U.S. Employment Discrimination Law, Trina Jones

Faculty Scholarship

No abstract provided.


Objectivity: A Feminist Revisit, Katharine T. Bartlett Jan 2014

Objectivity: A Feminist Revisit, Katharine T. Bartlett

Faculty Scholarship

No abstract provided.


Book Review, Darrell A. H. Miller Jan 2012

Book Review, Darrell A. H. Miller

Faculty Scholarship

No abstract provided.


Feminist Legal Scholarship: A History Through The Lens Of The California Law Review, Katharine T. Bartlett Jan 2012

Feminist Legal Scholarship: A History Through The Lens Of The California Law Review, Katharine T. Bartlett

Faculty Scholarship

This Essay describes the evolution of feminist legal scholarship, using six articles published by the California Law Review as exemplars. This short history provides a window on the most important contributions of feminist scholarship to understandings about gender and law. It explores alternative formulations of equality, and the competing assumptions, ideals, and implications of these formulations. It describes frameworks of thought intended to compensate for the limitations of equality doctrine, including critical legal feminism, different voice theory, and nonsubordination theory, and the relationships between these frameworks. Finally, it identifies feminist legal scholarship that has crossed the disciplinary bound-aries of law. …


Showcasing: The Positive Spin, Katharine T. Bartlett Jan 2011

Showcasing: The Positive Spin, Katharine T. Bartlett

Faculty Scholarship

This Commentary outlines the positive case for showcasing diversity. Patrick Shin and Mitu Gulati criticize showcasing on the grounds that appointing women and minorities to board directorships is unreliable as a sign of true commitment to diversity and, further, that showcasing is detrimental to women and minorities because it treats them as objects or “prized trophies.” Drawing on social psychology, this Commentary highlights the mechanisms through which showcasing, despite the negative features emphasized by Shin and Gulati, also reinforces diversity values and strengthens the existing societal consensus in favor of diversity.


Showcasing Diversity, Mitu Gulati, Patrick S. Shin Jan 2011

Showcasing Diversity, Mitu Gulati, Patrick S. Shin

Faculty Scholarship

Diversity initiatives are commonplace in today’s corporate America. Large and successful firms frequently tout their commitments to diversity, sometimes appointing women and racial minorities to highly visible posts, including seats on their boards of directors. Why would a profit-minded firm engage in such behavior? One frequently voiced explanation is that by creating such diversity, firms send out a positive signal about their attributes: a firm’s willingness to expend resources on diversity shows its commitment to workplace fairness and equality, which makes it more attractive to potential employees, customers and financiers. This claim has considerable surface appeal not only as an …


A Post-Race Equal Protection?, Trina Jones, Mario L. Barnes, Erwin Chemerinsky Jan 2010

A Post-Race Equal Protection?, Trina Jones, Mario L. Barnes, Erwin Chemerinsky

Faculty Scholarship

Most vividly demonstrated in the 2008 election of the first African-American President of the United States, post-race is a term that has been widely used to characterize a belief in the declining significance of race in the United States. Post-racialists, then, believe that racial discrimination is rare and aberrant behavior as evidenced by America’s pronounced racial progress. One practical consequence of a commitment to post-racialism is the belief that governments - both state and federal - should not consider race in their decision making. One might imagine that the recent explosion in post-racial discourse also portends a revised understanding of …


Do We Care Enough About Racial Inequality? Reflections On The River Runs Dry, Guy-Uriel Charles Jan 2009

Do We Care Enough About Racial Inequality? Reflections On The River Runs Dry, Guy-Uriel Charles

Faculty Scholarship

In response to Kimberly West-Faulcon, The River Runs Dry: When Title VI Trumps State Anti–Affirmative Action Laws, 157 University of Pennsylvania Law Review 1075 (2009)