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Civil Rights and Discrimination

2017

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Institution
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Articles 1 - 30 of 243

Full-Text Articles in Law

Brown V. Eighth Judicial Dist. Ct, 133 Nev. Adv. Op. 113 (December 28, 2017, Ebeth Rocio Palafox Dec 2017

Brown V. Eighth Judicial Dist. Ct, 133 Nev. Adv. Op. 113 (December 28, 2017, Ebeth Rocio Palafox

Nevada Supreme Court Summaries

The Court clarified the definition of an indigent person and the demonstration of need sufficient required for an indigent person’s request for defense services. The Court additionally held that Widdis v. Second Judicial Dist. Court does not require an indigent defendant to request a sum certain before the consideration or granting of a motion for defense services at public expense.


“Jane Crow” Laws And Contemporary Sexual Harassment, Richard H. Chused Dec 2017

“Jane Crow” Laws And Contemporary Sexual Harassment, Richard H. Chused

Other Publications

This post originally appeared on https://www.richardchused.org/2017/12/24/jane-crow-laws-contemporary-sexual-harassment/


Brief Of 40 Historians And The Fred T. Korematsu Center For Law And Equality, As Amici Curiae In Support Of Plaintiffs' Motion For Preliminary Injunction, Fred T. Korematsu Center For Law And Equality, Robert S. Chang Dec 2017

Brief Of 40 Historians And The Fred T. Korematsu Center For Law And Equality, As Amici Curiae In Support Of Plaintiffs' Motion For Preliminary Injunction, Fred T. Korematsu Center For Law And Equality, Robert S. Chang

Fred T. Korematsu Center for Law and Equality

No abstract provided.


It's Still Too Easy To Push Blacks, Minorities Off Of Juries, Jeffrey Bellin Dec 2017

It's Still Too Easy To Push Blacks, Minorities Off Of Juries, Jeffrey Bellin

Popular Media

No abstract provided.


Ermold Files Paperwork To Challenge Davis, The Morehead News Dec 2017

Ermold Files Paperwork To Challenge Davis, The Morehead News

Media Collection

No abstract provided.


Gay Man Denied A Marriage License By Kim Davis Wants To Run Against Her, Benjamin Butterworth Dec 2017

Gay Man Denied A Marriage License By Kim Davis Wants To Run Against Her, Benjamin Butterworth

Media Collection

No abstract provided.


Who Is David Ermold? Gay Man Enters County Clerk Race After Discrimination, Preeti Maheshwari Dec 2017

Who Is David Ermold? Gay Man Enters County Clerk Race After Discrimination, Preeti Maheshwari

Media Collection

No abstract provided.


Ermold Filed His Paperwork With Davis, Raycom Media, The Daily Independent Dec 2017

Ermold Filed His Paperwork With Davis, Raycom Media, The Daily Independent

Media Collection

No abstract provided.


Kim Davis Denied Him A Marriage License. He’S Running To Replace Her., Niraj Chokshi Dec 2017

Kim Davis Denied Him A Marriage License. He’S Running To Replace Her., Niraj Chokshi

Media Collection

No abstract provided.


Kim Davis Denied His Right To Marry Another Man. Now David Ermold Is Going To Run Against Her., Eli Rosenberg Dec 2017

Kim Davis Denied His Right To Marry Another Man. Now David Ermold Is Going To Run Against Her., Eli Rosenberg

Media Collection

No abstract provided.


Gay Man Denied Marriage License Hopes To Unseat County Clerk, Adam Beam Dec 2017

Gay Man Denied Marriage License Hopes To Unseat County Clerk, Adam Beam

Media Collection

No abstract provided.


The Audacity Of Protecting Racist Speech Under The National Labor Relations Act, Michael Z. Green Dec 2017

The Audacity Of Protecting Racist Speech Under The National Labor Relations Act, Michael Z. Green

Faculty Scholarship

This Article, written for a symposium hosted by the University of Chicago Legal Forum on the Disruptive Workplace, analyzes the most recent failures of the National Labor Relations Board (NLRB) to determine a thoughtful and balanced approach in addressing racist speech. Imagine two employees in the private sector workplace are discussing the possibility of selecting a union to represent their interests regarding wages and working conditions. During this conversation, a black employee notes the importance of using their collective voices to improve working conditions and compares the activity of selecting a union with the Black Lives Matter protests aimed at ...


Newsroom: Center Of The Storm: Rwu Law And Daca 11-21-2017, Roger Williams University School Of Law Nov 2017

Newsroom: Center Of The Storm: Rwu Law And Daca 11-21-2017, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Candidates Flock To Courthouse To File For 2018 Election, Brad Stacy Nov 2017

Candidates Flock To Courthouse To File For 2018 Election, Brad Stacy

Media Collection

No abstract provided.


Rethinking The Americans With Disabilities Act’S Insurance Safe Harbor, Valarie Blake Nov 2017

Rethinking The Americans With Disabilities Act’S Insurance Safe Harbor, Valarie Blake

Law Faculty Scholarship

Despite the importance of access to healthcare for the disabled, the Americans with Disabilities Act (ADA) has made little inroads in reducing disability-based discrimination by health insurers in the United States. One reason is undoubtedly the ADA’s insurance safe harbor, which explicitly permits insurers to discriminate on the basis of disability in health insurance so long as the differential treatment is supported by actuarial data and is not just intended to disadvantage the disabled. While the safe harbor’s harms are somewhat limited by the advent of the Affordable Care Act (ACA), they are not entirely neutralized. This article ...


Motion Of Fred T. Korematsu Center For Law And Equality, Columbia Legal Services, And Washington Defender Association For Leave To File Amicus Curiae Brief In Support Of Respondent, Fred T. Korematsu Center For Law And Equality, Washington Defender Association, Columbia Legal Services Nov 2017

Motion Of Fred T. Korematsu Center For Law And Equality, Columbia Legal Services, And Washington Defender Association For Leave To File Amicus Curiae Brief In Support Of Respondent, Fred T. Korematsu Center For Law And Equality, Washington Defender Association, Columbia Legal Services

Fred T. Korematsu Center for Law and Equality

State of Washington v. Marvin Leo


Constructing Recidivism Risk, Jessica Eaglin Nov 2017

Constructing Recidivism Risk, Jessica Eaglin

AI-DR Collection

Courts increasingly use actuarial—meaning statistically derived—information about a defendant’s likelihood of engaging in criminal behavior in the future at sentencing. This Article examines how developers construct the tools that predict recidivism risk. It exposes the numerous choices that developers make during tool construction with serious consequences to sentencing law and policy. These design decisions require normative judgments concerning accuracy, equality, and the purpose of punishment. Whether and how to address these concerns reflects societal values about the administration of criminal justice more broadly. Currently, developers make these choices in the absence of law, even as they face ...


Law Library Blog (November 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law Nov 2017

Law Library Blog (November 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Brief Of Amici Curiae Corporate Law Professors In Masterpiece Cakeshop, Ltd. V. Colorado Civil Rights Commission, Kent Greenfield, Daniel A. Rubens Nov 2017

Brief Of Amici Curiae Corporate Law Professors In Masterpiece Cakeshop, Ltd. V. Colorado Civil Rights Commission, Kent Greenfield, Daniel A. Rubens

Boston College Law School Faculty Papers

Professor Greenfield was the principal author of an amicus brief on behalf of 33 corporate law professors in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, argued in December 2017. The brief argues that shareholders’ religious and political beliefs should not be projected onto a corporation for purposes of First Amendment accommodation.


The Progressives: Racism And Public Law, Herbert J. Hovenkamp Nov 2017

The Progressives: Racism And Public Law, Herbert J. Hovenkamp

Faculty Scholarship at Penn Law

American Progressivism inaugurated the beginning of the end of American scientific racism. Its critics have been vocal, however. Progressives have been charged with promotion of eugenics, and thus with mainstreaming practices such as compulsory housing segregation, sterilization of those deemed unfit, and exclusion of immigrants on racial grounds. But if the Progressives were such racists, why is it that since the 1930s Afro-Americans and other people of color have consistently supported self-proclaimed progressive political candidates, and typically by very wide margins?

When examining the Progressives on race, it is critical to distinguish the views that they inherited from those that ...


Defense Counsel And Public Defence, Eve Brensike Primus Nov 2017

Defense Counsel And Public Defence, Eve Brensike Primus

Book Chapters

Public-defense delivery systems nationwide are grossly inadequate. Public defenders are forced to handle caseloads that no one could effectively manage. They often have no funding for investigation or expert assistance. They aren’t adequately trained, and there is little to no oversight of their work. In many jurisdictions, the public-defense function is not sufficiently independent of the judiciary or the elected branches to allow for zealous representation. The result is an assembly line into prison, mostly for poor people of color, with little check on the reliability or fairness of the process. Innocent people are convicted, precious resources are wasted ...


Rowan Clerk In Romania To Discuss Same-Sex Marriage, The Morehead News Oct 2017

Rowan Clerk In Romania To Discuss Same-Sex Marriage, The Morehead News

Media Collection

No abstract provided.


Newsroom: Is Wall Between Church And State Crumbling? 10-10-2017, Diana Hassel Oct 2017

Newsroom: Is Wall Between Church And State Crumbling? 10-10-2017, Diana Hassel

Life of the Law School (1993- )

No abstract provided.


Rwu First Amendment Blog: Diana Hassel's Blog: Is The Wall Between Church And State Crumbling? 10-07-2017, Diana Hassel Oct 2017

Rwu First Amendment Blog: Diana Hassel's Blog: Is The Wall Between Church And State Crumbling? 10-07-2017, Diana Hassel

Law School Blogs

No abstract provided.


How University Title Ix Enforcement And Other Discipline Processes (Probably) Discriminate Against Minority Students, Ben L. Trachtenberg Oct 2017

How University Title Ix Enforcement And Other Discipline Processes (Probably) Discriminate Against Minority Students, Ben L. Trachtenberg

Faculty Publications

This Article argues that university discipline procedures likely discriminate against minority students and that increasingly muscular Title IX enforcement - launched with the best of intentions in response to real problems - almost certainly exacerbates yet another systemic barrier to racial justice and equal access to educational opportunities. Unlike elementary and secondary schools, universities do not keep publicly available data on the demographics of students subjected to institutional discipline, which prevents evaluation of possible disparate racial impact in higher education. Further, several aspects of the university disciplinary apparatus-including broad and vague definitions of offenses, limited access to legal counsel, and irregular procedures- ...


Reinvigorating Commonality: Gender And Class Actions, Brooke D. Coleman, Elizabeth G. Porter Oct 2017

Reinvigorating Commonality: Gender And Class Actions, Brooke D. Coleman, Elizabeth G. Porter

Articles

In this Article, we examine the interplay of Rule 23(b)(2) class actions, feminism, and Title VII sex discrimination doctrine over the past fifty years to show that the theoretical concept of commonality—cohesion, unity—in the women’s movement has had a significant impact on the ability of women to seek collective redress for workplace discrimination through class actions. We describe how the four "waves” of feminism since the 1960s find corresponding analogues in the development of Title VII class action law. Beginning in the civil rights era, feminism became an entrenched part of mainstream America Over time ...


The Violent State: Black Women's Invisible Struggle Against Police Violence, Michelle S. Jacobs Oct 2017

The Violent State: Black Women's Invisible Struggle Against Police Violence, Michelle S. Jacobs

UF Law Faculty Publications

Black women have a very specific history with the state and law enforcement that is not replicated among other women’s communities, and it is that unique situation that is the focus of this Article. Part I of this Article explores the historical roots of Black women’s interaction with the state. Part II of this Article is broken into two sections. The first will cover police killings of Black women. The second part of the section will explore the conditions under which Black women are physically assaulted by the police. Part III of the Article seeks to highlight when ...


Memorandum, Masterpiece Cakeshop, Ltd. V. Colo. Civil Rights Comm., __ U.S. __ (2017): Legislative History Of Sb08-200, Matt Simonsen Sep 2017

Memorandum, Masterpiece Cakeshop, Ltd. V. Colo. Civil Rights Comm., __ U.S. __ (2017): Legislative History Of Sb08-200, Matt Simonsen

Research Data

This legal Memorandum on the legislative history of a 2008 amendment to the Colorado Anti-Discrimination Act (CADA) was researched and written by Matt Simonsen, J.D. Candidate 2019, University of Colorado Law School, and submitted to law professors Craig Konnoth and Melissa Hart. The Memorandum is cited in Brief of Amici Curiae Colorado Organizations and Individuals in Support of Respondents, Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, __U.S.__ (2018) (No. 16-111).

4 p.

"The legislative history primarily identifies two issues that SB08-200 was designed to resolve: (1) the need for dignity and access to justice for LGBT ...


Master File, Masterpiece Cakeshop, Ltd. V. Colo. Civil Rights Comm., __ U.S. __ (2017): Legislative History Of Sb08-200, Matt Simonsen Sep 2017

Master File, Masterpiece Cakeshop, Ltd. V. Colo. Civil Rights Comm., __ U.S. __ (2017): Legislative History Of Sb08-200, Matt Simonsen

Research Data

This Master File of the legislative history of a 2008 amendment to the Colorado Anti-Discrimination Act (CADA) was researched and compiled by Matt Simonsen, J.D. Candidate 2019, University of Colorado Law School, and submitted to law professors Craig Konnoth and Melissa Hart. The SB08-200 Master File is cited in Brief of Amici Curiae Colorado Organizations and Individuals in Support of Respondents, Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, __U.S.__ (2018) (No. 16-111).

449 p.


Open Source: The Enewsletter Of Rwu Law 09-22-2017, Roger Williams University School Of Law Sep 2017

Open Source: The Enewsletter Of Rwu Law 09-22-2017, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.