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Articles 1 - 30 of 108
Full-Text Articles in Law
Disparate Impact: Looking Past The Desert Palace Mirage, Charles A. Sullivan
Disparate Impact: Looking Past The Desert Palace Mirage, Charles A. Sullivan
William & Mary Law Review
No abstract provided.
Brown And Lawrence (And Goodridge), Michael J. Klarman
Brown And Lawrence (And Goodridge), Michael J. Klarman
Michigan Law Review
One year shy of the fiftieth anniversary of Brown v. Board of Education, the Justices issued another equality ruling that is likely to become a historical landmark. In Lawrence v. Texas, the Court invalidated a state law that criminalized same-sex sodomy. This article contrasts these historic rulings along several dimensions, with the aim of shedding light on how Supreme Court Justices decide cases and how Court decisions influence social reform movements. Part I juxtaposes Brown and Lawrence to illustrate how judicial decisionmaking often involves an uneasy reconciliation of traditional legal sources with broader social and political mores and …
The Untold Story Of The Rest Of The Americans With Disabilities Act, Michael Waterstone
The Untold Story Of The Rest Of The Americans With Disabilities Act, Michael Waterstone
Vanderbilt Law Review
The Americans with Disabilities Act ("ADA")' can be described as the All-Star team of civil rights legislation. The framers of the ADA sought to create sweeping change in nearly every facet of the lives of people with disabilities. To achieve these ambitious goals, the framers assembled the best and brightest parts of other civil rights legislation: pieces of Title VII of the Civil Rights Act of 1964, Section 04 of the Rehabilitation Act of 1973, Title II of the Civil Rights Act of 1964, and the Fair Housing Act. The end result was a comprehensive statute with three major parts: …
Recognizing Victims In The Federal Rules Of Criminal Procedure: Proposed Amendments In Light Of The Crime Victims' Rights Act, Paul G. Cassell
Recognizing Victims In The Federal Rules Of Criminal Procedure: Proposed Amendments In Light Of The Crime Victims' Rights Act, Paul G. Cassell
BYU Law Review
No abstract provided.
Tribute To John Pickering, Elaine R. Jones
Tribute To John Pickering, Elaine R. Jones
Michigan Law Review
This talented, persuasive, committed lawyer-leader, John Pickering, had several abiding personal and professional interests, two of which enhanced my life directly, and most of which enhanced my life indirectly. The first was the great personal interest he took in lawyers younger than himself, and the second was his passion about civil rights and combating the effects of racial discrimination.
Racial Integration And Community Revitalization: Applying The Fair Housing Act To The Low Income Housing Tax Credit, Myron Orfield
Racial Integration And Community Revitalization: Applying The Fair Housing Act To The Low Income Housing Tax Credit, Myron Orfield
Vanderbilt Law Review
A growing national debate about the future of race, housing, and urban policy in the United States is reflected in the recent controversy over the administration of the Low-Income Housing Tax Credit ("LIHTC") program, the largest federal program that supports building low-income housing. Administered by the Treasury Department, the program allows investors in residential rental property to claim tax credits for the development or rehabilitation of property to be rented to low-income tenants. The program is implemented mainly through state agencies which distribute the credit to developers on a competitive basis. Part of the LIHTC statute, which passed without debate …
Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai
Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai
Seattle Journal for Social Justice
No abstract provided.
A Wolf In Sheep's Clothing: Gaffney And The Improper Role Of Politics In The Districting Process, Robert A. Koch
A Wolf In Sheep's Clothing: Gaffney And The Improper Role Of Politics In The Districting Process, Robert A. Koch
University of Michigan Journal of Law Reform
The Supreme Court unanimously agrees that excessive partisan gerrymandering is unconstitutional. A plurality of the Court, however, would hold partisan gerrymandering claims to be nonjusticiable due to the lack of a judicially manageable standard. This Note synthesizes the opinions of a majority of the Court in Vieth v. Jubelirer on the precise harms of partisan gerrymandering and argues that excessive partisan gerrymandering unconstitutionally burdens the representational rights of individual voters. This Note proposes a judicially manageable standard to address that representational harm based on the Court's standard in Shaw v. Reno.
Applying 42 U.S.C. § 1981 To Claims Of Consumer Discrimination, Abby Morrow Richardson
Applying 42 U.S.C. § 1981 To Claims Of Consumer Discrimination, Abby Morrow Richardson
University of Michigan Journal of Law Reform
This Note explores several interesting legal questions regarding the proper interpretation of 42 U.S.C. § 1981, which prohibits racial discrimination in contracting, when discrimination arises in the context of a consumer retail contract. The Note further explores how the Fifth Circuit's and other federal courts' narrow interpretation of § 1981's application in a retail setting (which allows plaintiffs to invoke the statute only when they have been prevented from completing their purchases) is contrary to the statute's express language, congressional intent, and to evolving concepts of contract theory, all of which reflect a commitment to the strict enforcement of civil …
Reconsidering Severe Or Pervasive: Aligning The Standard In Sexual Harassment And Racial Harassment Causes Of Action, Heather L. Kleinschmidt
Reconsidering Severe Or Pervasive: Aligning The Standard In Sexual Harassment And Racial Harassment Causes Of Action, Heather L. Kleinschmidt
Indiana Law Journal
No abstract provided.
Sexual Harassment: Limiting The Affirmative Defense In The Digital Workplace, Donald P. Harris, Daniel B. Garrie, Matthew J. Armstrong
Sexual Harassment: Limiting The Affirmative Defense In The Digital Workplace, Donald P. Harris, Daniel B. Garrie, Matthew J. Armstrong
University of Michigan Journal of Law Reform
Digital communications sexual harassment is on the rise. Such harassment occurs through sexually offensive and unwarranted e-mails, placing harassing messages on electronic bulletin boards, and other forms of harassment that occur through the Internet. To date, courts have remained silent on the issue of sexual harassment by digital communications. Should this type of harassment be treated any differently than harassment that occurs in the physical space? The somewhat surprising answer is yes.
This Article advocates applying a new judicial framework for addressing digital communications sexual harassment. This new framework accounts for the real-world technology in the digital workplace and the …
Race And The Death Penalty After Mccleskey: A Case Study Of Kentucky's Racial Justice Act, Justin R. Arnold
Race And The Death Penalty After Mccleskey: A Case Study Of Kentucky's Racial Justice Act, Justin R. Arnold
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Moving Beyond The Black/White Paradigm: An Introduction, Dorothy A. Brown
Moving Beyond The Black/White Paradigm: An Introduction, Dorothy A. Brown
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
What Intergroup Relations Research Can Tell Us About Coalition Building, Robyn K. Mallett, Stacey Sinclair, Jeffrey R. Huntsinger
What Intergroup Relations Research Can Tell Us About Coalition Building, Robyn K. Mallett, Stacey Sinclair, Jeffrey R. Huntsinger
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
What If You Were First And No One Cared: The Appointment Of Alberto Gonzales And Coalition Building Between Latinos And Communities Of Color, Reynaldo A. Valencia
What If You Were First And No One Cared: The Appointment Of Alberto Gonzales And Coalition Building Between Latinos And Communities Of Color, Reynaldo A. Valencia
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Paper Daughters, Nancy K. Ota
Paper Daughters, Nancy K. Ota
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Some Potential Casualties Of Moving Beyond The Black/White Paradigm To Build Racial Coalitions, Rogelio A. Lasso
Some Potential Casualties Of Moving Beyond The Black/White Paradigm To Build Racial Coalitions, Rogelio A. Lasso
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Better Late Than Never: A Takings Clause Solution To Reparations, Yanessa L. Barnard
Better Late Than Never: A Takings Clause Solution To Reparations, Yanessa L. Barnard
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Fair Representation On Juries In The Eastern District Of Michigan: Analyzing Past Efforts And Recommending Future Action, Andrew J. Lievense
Fair Representation On Juries In The Eastern District Of Michigan: Analyzing Past Efforts And Recommending Future Action, Andrew J. Lievense
University of Michigan Journal of Law Reform
This Note builds on past recommendations to reform jury selection systems to make juries more representative of the community. Juries representing a fair cross section of the community are both a statutory and constitutional requirement, as well as a policy goal. How a judicial district designs and implements its jury selection system is important to meeting this requirement.
Part I of this Note analyzes the history and development of the representativeness interest on juries, explains how the United States District Court for the Eastern District of Michigan attempted to meet this interest in the 1980s and 1990s, and reports and …
Being Reasonable Under The Fair Housing Amendments Act: Allowing Changes In Rent-Admission Policies To Accommodate The Disabled Renter's Economic Status, Abram B. Gregory
Being Reasonable Under The Fair Housing Amendments Act: Allowing Changes In Rent-Admission Policies To Accommodate The Disabled Renter's Economic Status, Abram B. Gregory
Indiana Law Journal
No abstract provided.
Construire La Liberté Ou Le Défi Haïtien, Bernard Hadjadj
Construire La Liberté Ou Le Défi Haïtien, Bernard Hadjadj
Présence Francophone: Revue internationale de langue et de littérature
The major challenge of Haitian society remains building liberty after emerging from slavery and acquiring independence. Two centuries after the birth of the first Black Republic, the new social contract that rose from this spirit of “living together” is still in penury. The author examines the principal obstacles on the way to building freedom: namely, the inclusion of a large number of the excluded, which implies the dismantling of misery and the promotion of learning; the institution of authority through law and responsibility which presupposes the end of the “master” figure as a symbol of power, as well as that …
Reforming U.S. Immigration Policy In An Era Of Latin American Immigration: The Logic Inherent In Accommodating The Inevitable, Ryan D. Frei
Reforming U.S. Immigration Policy In An Era Of Latin American Immigration: The Logic Inherent In Accommodating The Inevitable, Ryan D. Frei
University of Richmond Law Review
No abstract provided.
When Does A Party Prevail?: A Proposed "Third-Circuit-Plus" Test For Judicial Imprimatur, Matthew B. Tenney
When Does A Party Prevail?: A Proposed "Third-Circuit-Plus" Test For Judicial Imprimatur, Matthew B. Tenney
BYU Law Review
No abstract provided.
Did The Sky Really Fall? Ten Years After California's Proposition 209 , Eryn Hadley
Did The Sky Really Fall? Ten Years After California's Proposition 209 , Eryn Hadley
Brigham Young University Journal of Public Law
No abstract provided.
For Whom Does The Bell Toll: The Bell Tolls For Brown?, Angela Onwuachi-Willig
For Whom Does The Bell Toll: The Bell Tolls For Brown?, Angela Onwuachi-Willig
Michigan Law Review
Fifty years after the landmark decision Brown v. Board of Education, black comedian and philanthropist Dr. Bill Cosby astonished guests at a gala in Washington, D.C., when he stated, "'Brown versus the Board of Education is no longer the white person's problem. (Black people] have got to take the neighborhood back . . . . (Lower economic Blacks] are standing on the comer and they can't speak English.'" Cosby, one of the wealthiest men in the United States, complained about "lower economic" Blacks "not holding up their end in this deal." He then asked the question, "'Well, Brown …
All Deliberate Speed: Brown's Past And Brown's Future, Charles J. Ogletree Jr.
All Deliberate Speed: Brown's Past And Brown's Future, Charles J. Ogletree Jr.
West Virginia Law Review
No abstract provided.
The Slave Redress Cases, Roy L. Brooks
The Slave Redress Cases, Roy L. Brooks
North Carolina Central Law Review
No abstract provided.
To Whom It May Concern: Re: Brown Iii, Angela Mae Kupenda
To Whom It May Concern: Re: Brown Iii, Angela Mae Kupenda
North Carolina Central Law Review
No abstract provided.
Brown V. Board Of Education In West Virginia, Nelson R. Bickley
Brown V. Board Of Education In West Virginia, Nelson R. Bickley
West Virginia Law Review
No abstract provided.
Hate Crime Law In West Virginia, Paul R. Sheridan
Hate Crime Law In West Virginia, Paul R. Sheridan
West Virginia Law Review
No abstract provided.