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Civil Rights and Discrimination

2004

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Institution
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Articles 1 - 30 of 125

Full-Text Articles in Law

Circling Back To The Obvious: The Convergence Of Traditional And Reverse Discrimination In Title Vii Proof, Charles A. Sullivan Dec 2004

Circling Back To The Obvious: The Convergence Of Traditional And Reverse Discrimination In Title Vii Proof, Charles A. Sullivan

William & Mary Law Review

No abstract provided.


Gimme Shelter: Does The Fair Housing Amendments Act Of 1988 Require Accommodations For The Financial Cirumstances Of The Disabled?, Brian R. Rosenau Nov 2004

Gimme Shelter: Does The Fair Housing Amendments Act Of 1988 Require Accommodations For The Financial Cirumstances Of The Disabled?, Brian R. Rosenau

William & Mary Law Review

No abstract provided.


Brown, The Civil Rights Movement, And The Silent Litigation Revolution, Stephen C. Yeazell Nov 2004

Brown, The Civil Rights Movement, And The Silent Litigation Revolution, Stephen C. Yeazell

Vanderbilt Law Review

One doubts that Robert Carter, Thurgood Marshall, Spottswood Robinson, Jack Greenberg and the rest of the legal team that argued Brown v. Board of Education spent much time thinking about mass torts. Nonetheless, it is entirely appropriate that a commemoration of their achievements include not only that topic but also international human rights and health care, as well as the more expected ones of education and social welfare. Brown was part of a revolution, and revolutions often have collateral effects as important as their immediate consequences. The civil rights movement followed the same pattern.

As an immediate consequence, that movement …


With All Deliberate Speed: Civil Human Rights Litigation As A Tool For Social Change, Beth Van Schaack Nov 2004

With All Deliberate Speed: Civil Human Rights Litigation As A Tool For Social Change, Beth Van Schaack

Vanderbilt Law Review

It has been said that Fildrtiga v. Peha-Irala is the Brown v. Board of Education of human rights litigation. Like Brown, Fildrtiga presents one of those rare "breakthrough moments" in law. In Fildrtiga, the Second Circuit confirmed that victims of human rights abuses abroad could seek legal redress in United States courts under the then-obscure Alien Tort Claims Act (ATCA). Fildrtiga thus inaugurated a steady line of cases in U.S. courts invoking the ATCA and related statutes to adjudicate international human rights claims. For a variety of reasons, including the very existence of these statutes, civil litigation has emerged as …


Brown And The Desegregation Of Virginia Law Schools, Carl W. Tobias Nov 2004

Brown And The Desegregation Of Virginia Law Schools, Carl W. Tobias

University of Richmond Law Review

No abstract provided.


A Call To Leadership: The Future Of Race Relations In Virginia, Rodney A. Smolla Nov 2004

A Call To Leadership: The Future Of Race Relations In Virginia, Rodney A. Smolla

University of Richmond Law Review

No abstract provided.


Virginia's Next Challenge: Economic And Educational Opportunity, Mark R. Warner Nov 2004

Virginia's Next Challenge: Economic And Educational Opportunity, Mark R. Warner

University of Richmond Law Review

No abstract provided.


When Equality Leaves Everyone Worse Off: The Problem Of Leveling Down In Equality Law, Deborah L. Brake Nov 2004

When Equality Leaves Everyone Worse Off: The Problem Of Leveling Down In Equality Law, Deborah L. Brake

William & Mary Law Review

No abstract provided.


Mitigation And The Americans With Disabilities Act, Jill Elaine Hasday Nov 2004

Mitigation And The Americans With Disabilities Act, Jill Elaine Hasday

Michigan Law Review

It is an open question whether the prohibition on employment discrimination in the Americans with Disabilities Act (ADA) protects plaintiffs who have not attempted to mitigate the effect of their disability on their ability to work. Suppose, for example, that a job applicant has severely impaired vision because of a corneal disease. He can have corneal transplant surgery that his doctors recommend and expect will allow him to see much more clearly, but he does not want to have the surgery because of the complications sometimes associated with the operation and the possibility that the surgery will not work. He …


Bilingualism And Equality: Title Vii Claims For Language Discrimination In The Workplace, James Leonard Oct 2004

Bilingualism And Equality: Title Vii Claims For Language Discrimination In The Workplace, James Leonard

University of Michigan Journal of Law Reform

Linguistic diversity is a fact of contemporary American life. Nearly one in five Americans speak a language other than English in the home, and influxes of immigrants have been a constant feature of American history. The multiplicity of languages in American society has touched nearly all aspects of American culture, and specifically has added new and important challenges to the American workplace. Chief among these new concerns are the growing number of legal claims centered around language discrimination in the workplace. The common vehicle for these claims has been Title VII, and there is considerable support in the academic literature …


I Do' Kiss And Tell: The Subversive Potential Of Non-Normative Socialsexual Expression From Within Cultural Paradigms, Elaine Craig Oct 2004

I Do' Kiss And Tell: The Subversive Potential Of Non-Normative Socialsexual Expression From Within Cultural Paradigms, Elaine Craig

Dalhousie Law Journal

Using a comparative analysis of the equality movements of sexual minorities in Canada and India the author identifies a symbiosis between the subversive benefits of a deconstructionist approach to equality and the practical achievements to be gained by a rights-based model of social justice. The analysis is conducted through an examination of the role that the expression of same-sex desire plays in the legal and social positions of sexual minorities in Canada and India The author argues that the acquisition of rights can provide sexual minorities with greater access to dominant cultural rituals and that such access provides opportunities to …


Turning The Page On Section 5: The Implication Of Multiracial Coalition Districts On Section 5 Of The Voting Rights Act, Daniel A. Zibel Oct 2004

Turning The Page On Section 5: The Implication Of Multiracial Coalition Districts On Section 5 Of The Voting Rights Act, Daniel A. Zibel

Michigan Law Review

This Note analyzes the use of coalition districts in light of current section 5 and equal protection jurisprudence and argues that, in some circumstances, the Equal Protection Clause compels the use of coalition districts to achieve non retrogression under section 5. Part I examines the use of coalition districts, using the litigation in Page v. Bartels as an example. It then argues that the Supreme Court's opinion in Georgia v. Ashcroft permits jurisdictions to create viable racial coalition districts to comply with section 5. Part II argues that while Georgia v. Ashcroft permits the use of coalition districts to achieve …


Adventures In Heteronormativity: The Straight Line From Liberace To Lawrence, Joan W. Howarth Sep 2004

Adventures In Heteronormativity: The Straight Line From Liberace To Lawrence, Joan W. Howarth

Nevada Law Journal

No abstract provided.


Driver's Licenses And Undocumented Immigrants: The Future Of Civil Rights Law?, Kevin R. Johnson Sep 2004

Driver's Licenses And Undocumented Immigrants: The Future Of Civil Rights Law?, Kevin R. Johnson

Nevada Law Journal

No abstract provided.


Overcoming Resistance To Diversity In The Executive Suite: Grease, Grit, And The Corporate Promotion Tournament, Donald C. Langevoort Sep 2004

Overcoming Resistance To Diversity In The Executive Suite: Grease, Grit, And The Corporate Promotion Tournament, Donald C. Langevoort

Washington and Lee Law Review

No abstract provided.


Making Up Women: Casinos, Cosmetics, And Title Vii, David B. Cruz Sep 2004

Making Up Women: Casinos, Cosmetics, And Title Vii, David B. Cruz

Nevada Law Journal

No abstract provided.


Fighting Racism In The Twenty-First Century, Dorothy A. Brown Sep 2004

Fighting Racism In The Twenty-First Century, Dorothy A. Brown

Washington and Lee Law Review

No abstract provided.


Making Gay Straight Alliance Student Groups Curriculum-Related: A New Tactic For Schools Trying To Avoid The Equal Access Act, Brian Berkley Sep 2004

Making Gay Straight Alliance Student Groups Curriculum-Related: A New Tactic For Schools Trying To Avoid The Equal Access Act, Brian Berkley

Washington and Lee Law Review

No abstract provided.


Pensions, Risk, And Race, Dorothy A. Brown Sep 2004

Pensions, Risk, And Race, Dorothy A. Brown

Washington and Lee Law Review

No abstract provided.


"We Are An Equal Opportunity Employer": Diversity Doublespeak, Cheryl L. Wade Sep 2004

"We Are An Equal Opportunity Employer": Diversity Doublespeak, Cheryl L. Wade

Washington and Lee Law Review

There are too few discussions about race and race relations among corporate managers and directors. The rhetoric used in these infrequent discussions revolves around the idea of diversity in the workplace. In recent years, when speaking about employees and race issues, corporate actors have become curiously silent about discrimination and racism. This Article provides several examples of the rhetorical devices used by corporate spokespersons that ignore persisting problems with discrimination and racism by focusing solely on diversity efforts. Diversity rhetoric allows corporate managers to avoid responsibility for enduring discrimination in the workplace. Diversity efforts, without antidiscrimination efforts, increase the likelihood …


Games Ceos Play And Interest Convergence Theory: Why Diversity Lags In America's Boardrooms And What To Do About It, Steven A. Ramirez Sep 2004

Games Ceos Play And Interest Convergence Theory: Why Diversity Lags In America's Boardrooms And What To Do About It, Steven A. Ramirez

Washington and Lee Law Review

No abstract provided.


Race To The Top Of The Corporate Ladder: What Minorities Do When They Get There, Devon W. Carbado, Mitu Gulati Sep 2004

Race To The Top Of The Corporate Ladder: What Minorities Do When They Get There, Devon W. Carbado, Mitu Gulati

Washington and Lee Law Review

Racing to the top of the corporate hierarchy is difficult, no matter how qualified or capable the candidate. Producing more widgets than one's competitors is not enough. Negotiating the political landscape of the institution is also required. More specifically, individual corporate officers have to be appeased, powerful interest groups have to be co-opted and made allies, and competitors have to be undermined or eliminated. The more bureaucratic the organization and the more opaque the promotion process, the more important this institutional game to climbing the corporate ladder. This Article identifies the kind of racial minorities or racial types who are …


Racial Dimensions Of Credit And Bankruptcy, David A. Skeel, Jr. Sep 2004

Racial Dimensions Of Credit And Bankruptcy, David A. Skeel, Jr.

Washington and Lee Law Review

No abstract provided.


Race Matters In Bankruptcy, A. Mechele Dickerson Sep 2004

Race Matters In Bankruptcy, A. Mechele Dickerson

Washington and Lee Law Review

No abstract provided.


The Economics Of Race: When Making It To The Middle Is Not Enough, Elizabeth Warren Sep 2004

The Economics Of Race: When Making It To The Middle Is Not Enough, Elizabeth Warren

Washington and Lee Law Review

No abstract provided.


The Turner Thesis, Black Migration, And The (Misapplied) Immigrant Explanation Of Black Inequality, John Valery White Sep 2004

The Turner Thesis, Black Migration, And The (Misapplied) Immigrant Explanation Of Black Inequality, John Valery White

Nevada Law Journal

No abstract provided.


Rebellious Lawyering, Settlement, And Reconciliation: Soko Bukai V. Ywca, Bill Ong Hing Sep 2004

Rebellious Lawyering, Settlement, And Reconciliation: Soko Bukai V. Ywca, Bill Ong Hing

Nevada Law Journal

No abstract provided.


The March That Never Happened: Desegregating The Las Vegas Strip, Claytee White Sep 2004

The March That Never Happened: Desegregating The Las Vegas Strip, Claytee White

Nevada Law Journal

No abstract provided.


Foreword: Pursuing Equal Justice In The West, Lynne Henderson Sep 2004

Foreword: Pursuing Equal Justice In The West, Lynne Henderson

Nevada Law Journal

No abstract provided.


The Mississippi Of The West?, Michael S. Green Sep 2004

The Mississippi Of The West?, Michael S. Green

Nevada Law Journal

No abstract provided.