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Articles 1 - 30 of 135
Full-Text Articles in Law
An Industry Missing Minorities: The Disparate Impact Of The Securities And Exchange Commission's Fingerprinting Rule, Kelly Noonan
An Industry Missing Minorities: The Disparate Impact Of The Securities And Exchange Commission's Fingerprinting Rule, Kelly Noonan
Chicago-Kent Law Review
The Equal Employment Opportunity Commission ("EEOC") recently asserted that the use of criminal background checks as an employment screening tool may have a disparate impact on African Americans and Hispanics, in violation of Title VII of the Civil Rights Act of 1964. The EEOC and some private claimants have even filed lawsuits against employers claiming disparate impact violations based on statistics that show African Americans and Hispanics are considerably more likely to have criminal records than other racial groups. Yet, certain federal regulatory agencies require participants in their industries to subject employees to criminal background checks as a condition of …
Why Gays Should Not Serve In The United States Armed Forces: A Gay Liberationist Statement Of Principle, Shannon Gilreath
Why Gays Should Not Serve In The United States Armed Forces: A Gay Liberationist Statement Of Principle, Shannon Gilreath
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Introduction, Jayne W. Barnard
Introduction, Jayne W. Barnard
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
"Better Dead Than Co-Ed"? Transgender Students At An All-Women's College, Laura Minsun Brymer
"Better Dead Than Co-Ed"? Transgender Students At An All-Women's College, Laura Minsun Brymer
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Alvarado Revisited: A Missing Element In Alaska’S Quest To Provide Impartial Juries For Rural Alaskans, Jeff D. May
Alvarado Revisited: A Missing Element In Alaska’S Quest To Provide Impartial Juries For Rural Alaskans, Jeff D. May
Alaska Law Review
In Alvarado v. State, the Alaska Supreme Court declared that an impartial jury is a cross section of the community and that the community where the events at issue transpired must be represented in the jury. This decision spurred changes to jury selection procedures and the creation of Criminal Rule 18, an effort to ensure defendants from remote villages are judged by a jury representative of these rural areas. The Alaska Court of Appeals recently addressed an issue of first impression regarding the application of Criminal Rule 18. In Joseph v. State, the defendant was convicted of murdering his …
Tragic Rights: The Rights Critique In The Age Of Obama, Robin L. West
Tragic Rights: The Rights Critique In The Age Of Obama, Robin L. West
William & Mary Law Review
No abstract provided.
Defining Instrumentalities Of Deadly Force, Tim Longo
Defining Instrumentalities Of Deadly Force, Tim Longo
Touro Law Review
No abstract provided.
Qualified Immunity: Further Developments In The Post-Pearson Era, Karen M. Blum
Qualified Immunity: Further Developments In The Post-Pearson Era, Karen M. Blum
Touro Law Review
No abstract provided.
Twombly And Iqbal: The Introduction Of A Heightened Pleading Standard, Shira A. Sheindlin Honorable
Twombly And Iqbal: The Introduction Of A Heightened Pleading Standard, Shira A. Sheindlin Honorable
Touro Law Review
No abstract provided.
Wrongful Conviction Claims Under Section 1983, Martin A. Schwartz, Robert W. Pratt Honorable
Wrongful Conviction Claims Under Section 1983, Martin A. Schwartz, Robert W. Pratt Honorable
Touro Law Review
No abstract provided.
Divided We Stand: The Haudenosaunee, Their Passport And Legal Implications Of Their Recognition In Canada And The United States, Nicole Terese Capton Marques
Divided We Stand: The Haudenosaunee, Their Passport And Legal Implications Of Their Recognition In Canada And The United States, Nicole Terese Capton Marques
San Diego International Law Journal
There are several indigenous nations divided by the international border between the U.S. and Canada (hereinafter, border tribes). Part II will provide historical background on the Haudenosaunee and the Haudenosaunee passport, as well as on the Jay Treaty's free passage right as recognition that the international border was not to affect border tribes. Part III of this comment will examine the trust-like duty both federal governments owe to indigenous populations in general, briefly describe benefits and services offered, and then discuss the legal effects of current legislation and regulations by the American and Canadian governments on Haudenosaunee tribal members living …
Mckissick V. Carmichael Revisited: Legal Education In North Carolina Through The Lens Of Desegregation Jurisprudence, Wendy B. Scott
Mckissick V. Carmichael Revisited: Legal Education In North Carolina Through The Lens Of Desegregation Jurisprudence, Wendy B. Scott
North Carolina Central Law Review
No abstract provided.
Winning The Battle Or Losing The War: The Implications Of Boseman V. Jarrell On The Same-Sex Adoption Debate In North Carolina, Jacinta Jones
Winning The Battle Or Losing The War: The Implications Of Boseman V. Jarrell On The Same-Sex Adoption Debate In North Carolina, Jacinta Jones
North Carolina Central Law Review
No abstract provided.
Rethinking Discrimination Law, Sandra F. Sperino
Rethinking Discrimination Law, Sandra F. Sperino
Michigan Law Review
Modern employment discrimination law is defined by an increasingly complex set of frameworks. These frameworks structure the ways that courts, juries, and litigants think about discrimination. This Article challenges whether courts should use the frameworks to conceptualize discrimination. It argues that just as faulty sorting contributes to stereotyping and societal discrimination, courts are using faulty structures to substantively limit discrimination claims. This Article makes three central contributions. First, it demonstrates how discrimination analysis has been reduced to a rote sorting process. It recognizes and makes explicit courts' methodology so that the structure of discrimination analysis and its effects can be …
Beyond Common Sense: A Social Psychological Study Of Iqbal's Effect On Claims Of Race Discrimination, Victor D. Quintanilla
Beyond Common Sense: A Social Psychological Study Of Iqbal's Effect On Claims Of Race Discrimination, Victor D. Quintanilla
Michigan Journal of Race and Law
Federal Rule of Civil Procedure 8(a) once operated as a notice pleading rule, requiring plaintiffs to set forth only a "short and plain" statement of their claim. In Bell Atlantic Corp. v. Twombly, and then Ashcroft v. Iqbal, the United States Supreme Court recast Rule 8(a) into a plausibility pleading standard. To survive a motion to dismiss, a complaint must contain sufficient factual matter "to state a claim to relief that is plausible on its face." Iqbal requires federal courts, when deciding whether a complaint is plausible, to draw on their "judicial experience and common sense." Courts apply this standard …
Fair Lending 2.0: A Borrower-Based Solution To Discrimination In Mortgage Lending, Jared Ruiz Bybee
Fair Lending 2.0: A Borrower-Based Solution To Discrimination In Mortgage Lending, Jared Ruiz Bybee
University of Michigan Journal of Law Reform
Fair lending laws promise that borrowers with similar credit profiles will receive similar loan products-regardless of their race. Yet, studies reveal that black and Latino borrowers consistently receive loan products that are inferior to those of white borrowers with similar credit characteristics. Despite frequent amendments since their passage during the Civil Rights Era, the Fair Lending Laws that opened doors for minority borrowers are unable to root out the subtle discrimination that persists in today's mortgage lending market. These traditional Fair Lending Laws are built on an outdated framework that focuses exclusively on punishing lenders and righting past wrongs. This …
Conceptions Of Law In The Civil Rights Movement, Christopher W. Schmidt
Conceptions Of Law In The Civil Rights Movement, Christopher W. Schmidt
UC Irvine Law Review
No abstract provided.
Copyright
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Promise Of Grutter: Diverse Interactions At The University Of Michigan Law School, Meera E. Deo
The Promise Of Grutter: Diverse Interactions At The University Of Michigan Law School, Meera E. Deo
Michigan Journal of Race and Law
In Grutter v. Bollinger, the U.S. Supreme Court upheld affirmative action at the University of Michigan Law School on the grounds of educational diversity. Yet the Court's assumption that admitting diverse students into law school would result in improved race relations, livelier classroom conversations, and better professional outcomes for students has never been empirically tested. This Article relies on survey and focus group data collected at the University of Michigan Lav School campus itself in March 2010 to examine not only whether, but how diversity affects learning. The data indicate both that there are sufficient numbers of students of color …
Beginning To End Racial Profiling: Definitive Solutions To An Elusive Problem, Kami Chavis Simmons
Beginning To End Racial Profiling: Definitive Solutions To An Elusive Problem, Kami Chavis Simmons
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Intersection Of Laicite And American Secularism: The French Burqa Ban In The Context Of United States Constitutional Law, Mary-Caitlin Ray
The Intersection Of Laicite And American Secularism: The French Burqa Ban In The Context Of United States Constitutional Law, Mary-Caitlin Ray
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Masthead
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Table Of Contents
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Editor's Note
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Consequences Of Criminal Convictions For Misdemeanor Or Felony Offenses, David P. Baugh
The Consequences Of Criminal Convictions For Misdemeanor Or Felony Offenses, David P. Baugh
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Drug War And The Parable Of The Bad Samaritan, Joseph E. Kennedy
The Drug War And The Parable Of The Bad Samaritan, Joseph E. Kennedy
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
A Brave New World Of Stop And Frisk, Ron Bacigal
A Brave New World Of Stop And Frisk, Ron Bacigal
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
What’S New Is Old Again: Why Padilla V. Kentucky Applies Retroactively, Michael Hartley
What’S New Is Old Again: Why Padilla V. Kentucky Applies Retroactively, Michael Hartley
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
A Little White Lie: The Dangers Of Allowing Police Officers To Stretch The Truth As A Means To Gain A Suspect’S Consent To Search, William E. Underwood
A Little White Lie: The Dangers Of Allowing Police Officers To Stretch The Truth As A Means To Gain A Suspect’S Consent To Search, William E. Underwood
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Cross Purposes & Unintended Consequences: Karl Llewellyn, Article 2, And The Limits Of Social Transformation, Danielle Kie Hart
Cross Purposes & Unintended Consequences: Karl Llewellyn, Article 2, And The Limits Of Social Transformation, Danielle Kie Hart
Nevada Law Journal
No abstract provided.