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Civil Rights and Discrimination

2016

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Articles 1 - 30 of 631

Full-Text Articles in Law

Separation Of Church And State Or Disparate Treatment? An Analysis Of The Religious Freedom And Discrimination Concerns In Trinity Lutheran Church Of Columbia, Inc. V. Pauley, Michael Petherick Dec 2016

Separation Of Church And State Or Disparate Treatment? An Analysis Of The Religious Freedom And Discrimination Concerns In Trinity Lutheran Church Of Columbia, Inc. V. Pauley, Michael Petherick

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.


Roe V. Wade: The Case That Changed Democracy, Adam Lamparello, Cynthia Swann Dec 2016

Roe V. Wade: The Case That Changed Democracy, Adam Lamparello, Cynthia Swann

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.


The Bad, The Ugly, And The Uglier: How Fear And Misconceptions Are Flushing Away Equal Rights And Treatment For Transgender People, Laura Falco Dec 2016

The Bad, The Ugly, And The Uglier: How Fear And Misconceptions Are Flushing Away Equal Rights And Treatment For Transgender People, Laura Falco

Tennessee Journal of Race, Gender, & Social Justice

Our country has gone through multiple social changes over the years, and now we find ourselves in the middle of another change—one involving the transgender community. This community is and has been continuously fighting for equal rights and treatment. It is 2016 and the fight for equal rights in our country is at a tipping point. A tip in one direction would constitute a huge step in the fight for equal rights, but a tip in the other direction could result in unprecedented effects on transgender individuals and the rest of the LGBTQ community. The LGBTQ community just wants the …


Unraveling The Inequitable Nature Of The Model Minority: Asian-Americans Deserve Affirmative Action, Christopher Atlee F. Arcitio Dec 2016

Unraveling The Inequitable Nature Of The Model Minority: Asian-Americans Deserve Affirmative Action, Christopher Atlee F. Arcitio

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.


A New Era Of Islamophobia: Muslim Women Fight To Find Place After Trump Fueled Hate, Doha Madani Dec 2016

A New Era Of Islamophobia: Muslim Women Fight To Find Place After Trump Fueled Hate, Doha Madani

Capstones

"A New Era of Islamophobia: Muslim Women Fight to Find Place After Trump Fueled Hate" focuses on the trend of violence and harassment against Muslim women from 2015 to 2016. The story weaves personal stories and expert opinions about the trend, which seemingly sparked from Donald J. Trump's campaign rhetoric regarding Muslims and minorities.

https://dohamadani.atavist.com/a-new-era-of-islamophobia


Not On The Menu, Kathryn Casteel, Zameena Mejia Dec 2016

Not On The Menu, Kathryn Casteel, Zameena Mejia

Capstones

The element of “unwelcomeness” and the burden of proof on the plaintiff to prove sexual conduct in the workplace is one of the flaws of Title VII that make it difficult to protect victims of sexual harassment. This is particularly true in restaurants where a sexual environment is often thought of as “part of the job.” Formal complaint systems, if available, in restaurants are often flawed, even though they can pose as an affirmative defense for the defendant if they are available and a victim does not file a complaint. In the cases examined, all involved an accused supervisor or …


Emigration, Repatriation And The Reality Of Returned Youth In El Salvador, Isabel C. Duarte Vasquez Dec 2016

Emigration, Repatriation And The Reality Of Returned Youth In El Salvador, Isabel C. Duarte Vasquez

Master's Theses

According to US Customs and Border Protection, over 59 thousand unaccompanied minors from the Northern Triangle (Guatemala, Honduras and El Salvador) have been detained at the US border, of those 59 thousand, 17 thousand are from El Salvador. El Salvador is home to some of the most dangerous and ruthless gangs of the twenty-first century. Their ruthlessness comes from 1980s guerrilla warfare experience. In addition, El Salvador serves as a transshipment point for illicit substances from South America into Mexico. These dynamics fuel the homicide rate of the region as local gang members must protect their territory by any means …


Brief Of Amicus Curiae Fred T. Korematsu Center For Law And Equality In Support Of Appellant, Fred T. Korematsu Center For Law And Equality Dec 2016

Brief Of Amicus Curiae Fred T. Korematsu Center For Law And Equality In Support Of Appellant, Fred T. Korematsu Center For Law And Equality

Fred T. Korematsu Center for Law and Equality

State v. Gregory


Newsroom: Gift Supports Diversity Programming 12-15-2016, Roger Williams University School Of Law Dec 2016

Newsroom: Gift Supports Diversity Programming 12-15-2016, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Reforming School Discipline, Derek W. Black Dec 2016

Reforming School Discipline, Derek W. Black

Northwestern University Law Review

Public schools suspend millions of students each year, but less than ten percent of suspensions are for serious misbehavior. School leaders argue that these suspensions ensure an orderly educational environment for those students who remain. Social science demonstrates the opposite. The practice of regularly suspending students negatively affects misbehaving students as well as innocent bystanders. All things being equal, schools that manage student behavior through means other than suspension produce the highest achieving students. In this respect, the quality of education a school provides is closely connected to its discipline policies.

Reformers have largely overlooked the connection between discipline and …


Rental Home Sweet Home: The Disparate Impact Solution For Renters Evicted From Residential Foreclosures, David Lurie Dec 2016

Rental Home Sweet Home: The Disparate Impact Solution For Renters Evicted From Residential Foreclosures, David Lurie

Northwestern University Law Review

At the end of the last decade, a drastic spike in residential foreclosures brought unprecedented attention to the damage that mass foreclosure often brings to primarily low-income, minority–majority communities. Much of this attention—in both the media and in the legal arena—has been devoted to homeowners disadvantaged by predatory loans and other unsavory practices. However, a recent body of scholarship has shown that the brunt of mass foreclosure often falls on renters, who often have little or no procedural protection from speedy and unexpected eviction from their homes, regardless of lease status or tenure. This Note argues that the Supreme Court’s …


A Duty To Document, Marc Kosciejew Dec 2016

A Duty To Document, Marc Kosciejew

Proceedings from the Document Academy

Access to information is a bedrock principle of contemporary democratic governments and their public agencies and entities. Access to information depends upon these public institutions to document their activities and decisions. When public institutions do not document their activities and decisions, citizens’ right of access is ultimately denied. Public accountability and trust, in addition to institutional memory and the historical record, are undermined without the creation of appropriate records. Establishing and enforcing a duty to document helps promote accountability, openness, transparency, good governance, and public trust in public institutions. A duty to document should therefore be a fundamental component of …


Brief Of Amici Curiae Legal Voice And Korematsu Center, Fred T. Korematsu Center For Law And Equality, Robert Chang Dec 2016

Brief Of Amici Curiae Legal Voice And Korematsu Center, Fred T. Korematsu Center For Law And Equality, Robert Chang

Fred T. Korematsu Center for Law and Equality

No abstract provided.


Newsroom: Horwitz On The Trump Effect 12-1-2016, Amanda Milkovits, Roger Williams University School Of Law Dec 2016

Newsroom: Horwitz On The Trump Effect 12-1-2016, Amanda Milkovits, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Reproduction Reconceived, Courtney Megan Cahill Dec 2016

Reproduction Reconceived, Courtney Megan Cahill

Scholarly Publications

No abstract provided.


Exploring The Conflicts Within Carceral Feminism: A Call To Revocalize The Women Who Continue To Suffer, Krishna De La Cruz Dec 2016

Exploring The Conflicts Within Carceral Feminism: A Call To Revocalize The Women Who Continue To Suffer, Krishna De La Cruz

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

Abstract forthcoming.


A Chance For Positive Change: Exploring The Legal Hurdles Putative Fathers Face In The 21st Century, Shamala Florant Dec 2016

A Chance For Positive Change: Exploring The Legal Hurdles Putative Fathers Face In The 21st Century, Shamala Florant

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

Abstract forthcoming.


Pulse: Finding Meaning In A Massacre Through Gay Latinx Intersectional Justice, Judith E. Koons Dec 2016

Pulse: Finding Meaning In A Massacre Through Gay Latinx Intersectional Justice, Judith E. Koons

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

Abstract forthcoming.


When Giving Birth Becomes A Liability: The Intersection Of Reproductive Oppression And The Motherhood Wage Penalty For Latinas In Texas, Dania Y. Pulido Dec 2016

When Giving Birth Becomes A Liability: The Intersection Of Reproductive Oppression And The Motherhood Wage Penalty For Latinas In Texas, Dania Y. Pulido

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

Abstract forthcoming.


Moving Forward By Looking Back: The Retroactive Application Of Obergefell, Lee-Ford Tritt Dec 2016

Moving Forward By Looking Back: The Retroactive Application Of Obergefell, Lee-Ford Tritt

UF Law Faculty Publications

The recent Supreme Court decision of Obergefell v. Hodges has forever altered American jurisprudence. Not only did this decision make same-sex marriage legal in all fifty states, but it also required states to recognize same-sex marriages from other states in accordance with the 14th Amendment. The Court’s holding in Obergefell raises a fundamental question with serious legal and financial significance: when exactly do these once unrecognized marriages legally begin? And to what extent must courts apply Obergefell retroactively? The stakes are high and substantive financial effects are pending on the answer to this question — for, with marriage, comes wide-ranging …


Dignity, Vol 1, Issue 1, 2016, Donna M. Hughes Dr. Nov 2016

Dignity, Vol 1, Issue 1, 2016, Donna M. Hughes Dr.

Donna M. Hughes

Table of Contents, Volume 1, Issue 1, 2016, Dignity: A Journal on Sexual Exploitation and Violence.


Brief For The Fred T. Korematsu Center For Law And Equality And The Phillips Black Project As Amici Curiae In Support Of Petitioner, Fred T. Korematsu Center For Law And Equality Nov 2016

Brief For The Fred T. Korematsu Center For Law And Equality And The Phillips Black Project As Amici Curiae In Support Of Petitioner, Fred T. Korematsu Center For Law And Equality

Fred T. Korematsu Center for Law and Equality

Williams v. Steele


Reply Brief. Lavigne V. Cajun Deep Foundations, L.L.C., 137 S.Ct. 1328 (2017) (No. 16-464), 2016 Wl 9443770, Eric Schnapper, J. Arthur Smith, Iii, Justin M. Delaune Nov 2016

Reply Brief. Lavigne V. Cajun Deep Foundations, L.L.C., 137 S.Ct. 1328 (2017) (No. 16-464), 2016 Wl 9443770, Eric Schnapper, J. Arthur Smith, Iii, Justin M. Delaune

Court Briefs

QUESTIONS PRESENTED (1) To establish a prima facie case of discriminatory termination, is a plaintiff required to show that he was replaced by someone outside his or her protected group?* (2) Under Title VII of the Civil Rights Act of 1964, a plaintiff prior to:bringing a civil action must first file a charge with the EEOC, usually within 300 days of the action complained of. The Question Presented is: Where a claimant files a timely Title VII charge asserting that employer conduct was the result of a particular unlawful motive, may the claimant after the end of the charge-filing period …


The Law Of The Groves: Whittling Away At The Legal Mysteries In The Prosecution Of The Groveland Boys, William R. Ezzell Nov 2016

The Law Of The Groves: Whittling Away At The Legal Mysteries In The Prosecution Of The Groveland Boys, William R. Ezzell

University of Massachusetts Law Review

This Article tells the legal story of one of the South’s most infamous trials – the Groveland Boys prosecution in central Florida. Called “Florida’s Little Scottsboro,” the Groveland case garnered international attention in 1949 when four young black men were accused of the gang rape of a white woman in the orange groves north of Orlando. Several days of rioting, Ku Klux Klan activity, three murders, two trials, and three death penalty verdicts followed, in what became the most infamous trial in Florida history. The appeals of the trial reached the United States Supreme Court, with the NAACP’s Thurgood Marshall …


Trending @ Rwu Law: Deborah Johnson's Post: Now "Defamation" Matters More Than Ever 11-16-2016, Deborah Johnson Nov 2016

Trending @ Rwu Law: Deborah Johnson's Post: Now "Defamation" Matters More Than Ever 11-16-2016, Deborah Johnson

Law School Blogs

No abstract provided.


Brief For The Fred T. Korematsu Center For Law And Equality, Hispanic National Bar Association, National Asian Pacific American Bar Association, National Bar Association, National Lgbt Bar Association, And National Native American Bar Association As Amici Curiae In Support Of Petitioner, Fred T. Korematsu Center For Law And Equality, Counsel For Amici Curiae Nov 2016

Brief For The Fred T. Korematsu Center For Law And Equality, Hispanic National Bar Association, National Asian Pacific American Bar Association, National Bar Association, National Lgbt Bar Association, And National Native American Bar Association As Amici Curiae In Support Of Petitioner, Fred T. Korematsu Center For Law And Equality, Counsel For Amici Curiae

Fred T. Korematsu Center for Law and Equality

Lee v. Tam


A "Notorious Litigant" And "Frequenter Of Jails": Martin Luther King, Jr., His Lawyers, And The Legal System, Leonard S. Rubinowitz, Michelle Shaw, Michal Crowder Nov 2016

A "Notorious Litigant" And "Frequenter Of Jails": Martin Luther King, Jr., His Lawyers, And The Legal System, Leonard S. Rubinowitz, Michelle Shaw, Michal Crowder

Northwestern Journal of Law & Social Policy

No abstract provided.


Welcome And Session I: Overview Of Martin Luther King's Career, Kimberly Seymour, Leonard Rubinowitz, Aldon Morris Nov 2016

Welcome And Session I: Overview Of Martin Luther King's Career, Kimberly Seymour, Leonard Rubinowitz, Aldon Morris

Northwestern Journal of Law & Social Policy

No abstract provided.


Session Ii: Remarks On Martin Luther King's Lawyers, Clayborne Carson Nov 2016

Session Ii: Remarks On Martin Luther King's Lawyers, Clayborne Carson

Northwestern Journal of Law & Social Policy

No abstract provided.


Session Iii: A Conversation About Fred Gray: Rosa Parks' Lawyer And Dr. King's First Lawyer, Darlene Clark Hine, Jonathan L. Entin, Leonard Rubinowitz Nov 2016

Session Iii: A Conversation About Fred Gray: Rosa Parks' Lawyer And Dr. King's First Lawyer, Darlene Clark Hine, Jonathan L. Entin, Leonard Rubinowitz

Northwestern Journal of Law & Social Policy

No abstract provided.