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Civil Rights and Discrimination

2012

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Articles 1 - 30 of 568

Full-Text Articles in Law

Free To Be Biased?, Melissa Murray, Russell Robinson Jul 2015

Free To Be Biased?, Melissa Murray, Russell Robinson

Russell K Robinson

No abstract provided.


Chapters Of The Civil Jury, Doug R. Rendleman Dec 2012

Chapters Of The Civil Jury, Doug R. Rendleman

Doug Rendleman

The civil jury, though constitutionally protected by the seventh amendment, has remained a controversial institution throughout much of Anglo-American legal history. Our romantic ideals are questioned by critics who view the civil jury as prejudiced and unpredictable; proponents note the sense of fairness and "earthy wisdom" gained by community participation in the legal process. This debate surfaces in the process of accommodation between certain substantive goals of the law and the pre-verdict and post-verdict procedural devices courts have employed to control the jury. In this article, Professor Rendleman examines this conflict in his three "chapters" involving racially motivated discharges of …


Toward Due Process In Injunction Procedure, Doug R. Rendleman Dec 2012

Toward Due Process In Injunction Procedure, Doug R. Rendleman

Doug Rendleman

No abstract provided.


Brown Ii'S "All Deliberate Speed" At Fifty: A Golden Anniversary Or A Mid- Life Crisis For The Constitutional Injunction As A School Desegregation Remedy?, Doug Rendleman Dec 2012

Brown Ii'S "All Deliberate Speed" At Fifty: A Golden Anniversary Or A Mid- Life Crisis For The Constitutional Injunction As A School Desegregation Remedy?, Doug Rendleman

Doug Rendleman

In 1955 in Brown II the Supreme Court instructed school authorities and federal judges how to implement its decision in Brown I that racially segregated public schools violated the constitution. This article summarizes the half-century of federal injunctions that the courts granted to desegregate schools. It organizes the injunctions chronologically under three headings, "all deliberate speed," desegregate "now," and "unitary" districts. Rejecting both extravagant hoopla and charges of "failure," the article approves disciplined judicial discretion leading to large-scale structural injunctions when the times are ripe because unconstitutional conditions warrant massive judicial reconstruction. In particular, the article maintains that the courts' …


Mary D. Branch, Plaintiff-Appellant, V. Officer Timothy Gorman, Et Al., Defandants-Appellants: Brief Of Appellant, Patricia E. Roberts, Pamela Palmer, Alexa Roggenkamp, Tillman J. Breckenridge, Robert M. Luck Iii Dec 2012

Mary D. Branch, Plaintiff-Appellant, V. Officer Timothy Gorman, Et Al., Defandants-Appellants: Brief Of Appellant, Patricia E. Roberts, Pamela Palmer, Alexa Roggenkamp, Tillman J. Breckenridge, Robert M. Luck Iii

Appellate and Supreme Court Clinic

No abstract provided.


Brief Of Amici Curiae Karen And Ken Korematsu; Holly, Iris, And Laurel Dee Yasui; Jay Hirabayashi; Sharon Mitsu Yuen; And Marion Setsu Oldenburg In Support Of Plaintiffs-Appellees And Affirmance, Fred T. Korematsu Center For Law And Equality, Counsel For Amici Curiae, Lorraine Bannai Dec 2012

Brief Of Amici Curiae Karen And Ken Korematsu; Holly, Iris, And Laurel Dee Yasui; Jay Hirabayashi; Sharon Mitsu Yuen; And Marion Setsu Oldenburg In Support Of Plaintiffs-Appellees And Affirmance, Fred T. Korematsu Center For Law And Equality, Counsel For Amici Curiae, Lorraine Bannai

Fred T. Korematsu Center for Law and Equality

Hedges v. Obama


Impostos E Alternativas, Paulo Ferreira Da Cunha Dec 2012

Impostos E Alternativas, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

O Tribunal Constitucional terá que muito provavelmente apreciar o OGE para 2013. Será uma prova decisiva para a nossa democracia e a II República. Façamos entretanto um recuo e lembremos, ainda que muito sucintamente, os problemas de legitimação de qualquer tributação, e o contrato social para que remete. Será também que, como se dizia nos tempos da "dama de ferro", "there is no alternative"? Há sempre alternativas. Por isso é que há política e não mera tecnocracia. Há sempre Política. E sempre pode haver outras políticas, desde que haja políticos com coragem, imaginação e competência.


Re-Evaluating Peacebuilding In The Democratic Republic Of Congo: A Case Study In Dongo, Wilita Sanguma Dec 2012

Re-Evaluating Peacebuilding In The Democratic Republic Of Congo: A Case Study In Dongo, Wilita Sanguma

Master's Theses

Re-evaluating Peacebuilding in the Democratic Republic of Congo: A case study in Dongo

The Democratic Republic of Congo (Congo) is a country rich with natural resources centered in the heart of Africa. Since the colonial era, the country has seen more bloodshed than peace and development. From 1996 to 2003, Congo experienced the worst conflict since World War II, with over six million people dead. Despite having the largest United Nations peacekeeping troops present; Congo continues to be plagued by violence. This research thesis argues that the international community failed to promote a lasting peace in Congo because the international …


Arizona’S Senate Bill 1070: A Case Study On State-Sponsored Immigration Policy, Ryan Murphy Dec 2012

Arizona’S Senate Bill 1070: A Case Study On State-Sponsored Immigration Policy, Ryan Murphy

Master's Theses

This study assesses the origins of Arizona’s state-sponsored immigration policy. It attempts to identify the social dynamics within Arizona that contributed to the overwhelming public support for SB 1070. Since it has been two years after the law was passed, this analysis determines what impact the law has had thus far within the state. Finally, it postulates the future of Arizona’s immigration policy.


Massa E Elite. Uma Lição Da 'Renascença Portuguesa', Paulo Ferreira Da Cunha Dec 2012

Massa E Elite. Uma Lição Da 'Renascença Portuguesa', Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Há muitos mitos e preconceitos sobre o elitismo e o seu papel em democracia. Confunde-se elite com oligarquia, por exemplo. Desde a Antiga Grécia que os regimes mais perfeitos eram mistos, em que não havia um único princípio a governar, mas vários. Hoje que as manifestações enchem as ruas e as massas podem ter maior protagonismo (já o estão a ter) é preciso refletir sobre o papel das massas e de como se relacionam com as elites. Um contributo para essa reflexão está já no movimento da Renascença Portuguesa, que se encontra em tempo de comemoração, mas também revisitação crítica. …


Commentary On Marriage Grants: Article Iii & Same-Sex Marriage, Neal Devins, Tara Leigh Grove Dec 2012

Commentary On Marriage Grants: Article Iii & Same-Sex Marriage, Neal Devins, Tara Leigh Grove

Popular Media

No abstract provided.


Fisher's Fishing Expedition, Vinay Harpalani Dec 2012

Fisher's Fishing Expedition, Vinay Harpalani

All Faculty Scholarship

This Essay delves into the Supreme Court oral arguments in Fisher v. Texas, which occurred on October 10, 2012. It examines the exchanges between the advocates and Justices, focusing on the meaning of 'critical mass' and the quest for total race neutrality in UT admissions. It argues that both of these are futile endeavors and unnecessary to decide Fisher. The entire Fisher case is a fishing expedition - albeit one that might reel in race-conscious admissions.


Huntington, New York's Sex Offender Policy And The Intrastate Right To Travel, James Tierney Dec 2012

Huntington, New York's Sex Offender Policy And The Intrastate Right To Travel, James Tierney

Touro Law Review

Sex offenders are among the most loathed and detested members of our society. Over the past fifteen years, communities have zealously passed laws restricting the rights of sex offenders. These laws mandate that sex offenders register with authorities and severely limit where sex offenders may reside. This legislation is designed to foster an important goal: to protect the health and safety of children from possible recidivism from sex offenders. In 2007, the Town Board of Huntington, New York, passed a law barring sex offenders from renting or leasing accessory apartments within the Town. The health and safety of the town's …


When "Reasonableness" Is Not So Reasonable: The Need To Restore Clarity To The Appellate Review Of Federal Sentencing Decisions After Rita, Gall, And Kimbrough, Craig D. Rust Dec 2012

When "Reasonableness" Is Not So Reasonable: The Need To Restore Clarity To The Appellate Review Of Federal Sentencing Decisions After Rita, Gall, And Kimbrough, Craig D. Rust

Touro Law Review

No abstract provided.


The (In)Admissibility Of False Confession Expert Testimony, David A. Perez Dec 2012

The (In)Admissibility Of False Confession Expert Testimony, David A. Perez

Touro Law Review

This Comment discusses the relationship between police interrogation tactics and false confessions in order to address the admissibility of false confession expert testimony, a question that has traditionally been left to the discretion of the trial judge. The current literature-indeed, the prevailing consensus-argues for drastic changes to police interrogation practices to prevent false confessions and, in combination with such changes, demands that expert testimony on false confessions be admitted in criminal trials. Despite the relative unanimity in the literature, state and federal courts remain bitterly divided on the question of admissibility of false confession expert testimony. Each decision in this …


The Reactionary Road To Free Love: How Doma, State Marriage Amendments And Social Conservatives Undermine Traditional Marriage, Scott Titshaw Dec 2012

The Reactionary Road To Free Love: How Doma, State Marriage Amendments And Social Conservatives Undermine Traditional Marriage, Scott Titshaw

Scott Titshaw

Much has been written about the possible effects on different-sex marriage of legally recognizing same-sex marriage. This article looks at the defense of marriage from a different angle: It shows how rejecting same-sex marriage results in political compromise and the proliferation of “marriage light” alternatives (e.g., civil unions, domestic partnerships, or reciprocal beneficiaries) that undermine the unique status of marriage for everyone. In the process, it examines several aspects of the marriage debate in detail. After describing the flexibility of marriage as it has evolved over time, the article focuses on recent state constitutional amendments attempting to stop further development. …


Civil Rights, Charter Schools, And Lessons To Be Learned, Derek W. Black Dec 2012

Civil Rights, Charter Schools, And Lessons To Be Learned, Derek W. Black

Faculty Publications

Two major structural shifts have occurred in education reform in the past two decades: the decline of civil rights reforms and the rise of charter schools. Courts and policy makers have relegated traditional civil rights reforms that address segregation, poverty, disability, and language barriers to near irrelevance, while charter schools and policies supporting their creation and expansion have rapidly increased and now dominate federal policy. Advocates of traditional civil rights reforms interpret the success of charter schools as a threat to their cause, and, consequently, have fought the expansion of charter schools. This Article argues that the civil rights community …


Bringing Human Rights Home: How State And Local Governments Can Use Human Rights To Advance Local Policy, Human Rights Institute Dec 2012

Bringing Human Rights Home: How State And Local Governments Can Use Human Rights To Advance Local Policy, Human Rights Institute

Human Rights Institute

State and local governments play an essential role in promoting and protecting human rights. Within the United States, agencies and officials at the municipal, city, county and state levels can help fulfill human rights by ensuring dignity, equality and opportunity for everyone in their jurisdiction.

Recognizing the value of human rights, state and local agencies and officials across the United States are incorporating international human rights standards in their daily work. As illustrated by examples throughout this report, integrating human rights into local law, policy and practice can enhance government decision-making and respond directly to local needs. It also allows …


Polley V. Ratcliff: A New Way To Address An Original Sin?, Atiba R. Ellis Dec 2012

Polley V. Ratcliff: A New Way To Address An Original Sin?, Atiba R. Ellis

West Virginia Law Review

No abstract provided.


The U.S. Supreme Court's Disability In Statutory Construction: The Debate Over The Interpretation Of The Definition Of Disability Under The Americans With Disabilities Act (Ada) & The Ada Amendments Act Of 2008., Laura C. Hoffman Dec 2012

The U.S. Supreme Court's Disability In Statutory Construction: The Debate Over The Interpretation Of The Definition Of Disability Under The Americans With Disabilities Act (Ada) & The Ada Amendments Act Of 2008., Laura C. Hoffman

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.


Determining The Appropriate Framework For Commuting Accommodations Under The Americans With Disabilities Act, Samrah Mahmoud Dec 2012

Determining The Appropriate Framework For Commuting Accommodations Under The Americans With Disabilities Act, Samrah Mahmoud

UC Irvine Law Review

No abstract provided.


Presumed Disadvantaged: Constitutional Incongruit In Federal Contract Procurement And Acquisition Regulations, William J. Bogard Dec 2012

Presumed Disadvantaged: Constitutional Incongruit In Federal Contract Procurement And Acquisition Regulations, William J. Bogard

West Virginia Law Review

No abstract provided.


The Right To Refuse Life Sustaining Medical Treatment And The Noncompetent Nonterminally Ill Patient: An Analysis Of Abridgment And Anarchy, Elizabeth Helene Adamson Nov 2012

The Right To Refuse Life Sustaining Medical Treatment And The Noncompetent Nonterminally Ill Patient: An Analysis Of Abridgment And Anarchy, Elizabeth Helene Adamson

Pepperdine Law Review

No abstract provided.


National Collegiate Athletic Association V. Tarkanian: Supreme Court Upholds Ncaa's Private Status Under The Fourteenth Amendment, Repelling Shark's Attack On Ncaa's Disciplinary Powers, Michael G. Dawson Nov 2012

National Collegiate Athletic Association V. Tarkanian: Supreme Court Upholds Ncaa's Private Status Under The Fourteenth Amendment, Repelling Shark's Attack On Ncaa's Disciplinary Powers, Michael G. Dawson

Pepperdine Law Review

No abstract provided.


The Offender And The Victim, Edward Tromanhauser Nov 2012

The Offender And The Victim, Edward Tromanhauser

Pepperdine Law Review

No abstract provided.


Emerging Issues In Victim Assistance, Marlene A. Young Nov 2012

Emerging Issues In Victim Assistance, Marlene A. Young

Pepperdine Law Review

No abstract provided.


Crime Victims' Rights -- A Legislative Perspective, William Van Regenmorter Nov 2012

Crime Victims' Rights -- A Legislative Perspective, William Van Regenmorter

Pepperdine Law Review

No abstract provided.


Progress In The Victim Reform Movement: No Longer The "Forgotten Victim", David L. Roland Nov 2012

Progress In The Victim Reform Movement: No Longer The "Forgotten Victim", David L. Roland

Pepperdine Law Review

No abstract provided.


Victims' Rights: An Idea Whose Time Has Come--Five Years Later: The Maturing Of An Idea, Frank Carrington, George Nicholson Nov 2012

Victims' Rights: An Idea Whose Time Has Come--Five Years Later: The Maturing Of An Idea, Frank Carrington, George Nicholson

Pepperdine Law Review

No abstract provided.


The Elevation Of Victims' Rights In Washington State: Constitutional Status, Ken Eikenberry Nov 2012

The Elevation Of Victims' Rights In Washington State: Constitutional Status, Ken Eikenberry

Pepperdine Law Review

No abstract provided.