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Articles 241 - 257 of 257
Full-Text Articles in Law
White Doors, Black Footsteps: Leveraging "White Privilege" To Benefit Law Students Of Color, Leslie Culver
White Doors, Black Footsteps: Leveraging "White Privilege" To Benefit Law Students Of Color, Leslie Culver
Faculty Scholarship
Law students of color typically avoid seeking the mentorship of white law professors, largely white males, finding female faculty and faculty of color more approachable and willing to serve as mentors. Yet, according to recent ABA statistics, white people make up eighty-eight percent of the legal profession, with sixty-four percent being male. In addition, relevant scholarship comments that one of the primary privileges of whiteness is having greater access to power and resources than people of color do. It follows then, as recent legal scholarship suggests, that law students of color who fail to develop a cultural competence may be …
End Of The Racial Age: Reflections On The Changing Racial And Ethnic Ancestry Of Blacks On Affirmative Action, Kevin D. Brown
End Of The Racial Age: Reflections On The Changing Racial And Ethnic Ancestry Of Blacks On Affirmative Action, Kevin D. Brown
Articles by Maurer Faculty
No abstract provided.
The Interaction Of The Pregnancy Discrimination Act And The Americans With Disabilities Act After Young V. Ups, Deborah A. Widiss
The Interaction Of The Pregnancy Discrimination Act And The Americans With Disabilities Act After Young V. Ups, Deborah A. Widiss
Articles by Maurer Faculty
Pregnant women sometimes ask employers for accommodations – such as being able to sit on a stool or avoid heavy lifting – to permit them to work safely and productively. In 2015, in Young v. United Parcel Service, the Supreme Court held that the Pregnancy Discrimination Act (PDA) requires courts to scrutinize carefully denial of such requests. The facts in Young arose prior to the effective date of the ADA Amendments Act of 2008 (ADAAA); accordingly, the Court did not address how the ADAAA, which expanded the range of health conditions that qualify as disabilities, affects claims for accommodations under …
Lender Discrimination, Black Churches And Bankruptcy, Pamela Foohey
Lender Discrimination, Black Churches And Bankruptcy, Pamela Foohey
Articles by Maurer Faculty
Based on my original empirical research, in this Article, I expose a disparity between the demographics of the roughly 650 religious congregations that have filed for chapter 11 bankruptcy during part of the last decade and congregations nationwide. Churches with predominately black membership — Black Churches — appeared in chapter 11 more than three times as often as they appear among churches across the country. A conservative estimate of the percentage of Black Churches among religious congregation chapter 11 debtors is 60%. The likely percentage is upward of 75%. Black Churches account for 21% of congregations nationwide.
Why are Black …
The Enduring Integration School Desegregation Helped To Produce, Kevin D. Brown
The Enduring Integration School Desegregation Helped To Produce, Kevin D. Brown
Articles by Maurer Faculty
No abstract provided.
Benefiting From Breaking The Color Barrier: Tribute To Professor Richardson For Being The Pioneer At Indiana University Maurer School Of Law, Kevin D. Brown
Benefiting From Breaking The Color Barrier: Tribute To Professor Richardson For Being The Pioneer At Indiana University Maurer School Of Law, Kevin D. Brown
Articles by Maurer Faculty
No abstract provided.
Intimate Liberties And Antidiscrimination Law, Deborah A. Widiss
Intimate Liberties And Antidiscrimination Law, Deborah A. Widiss
Articles by Maurer Faculty
In assessing laws that regulate marriage, procreation, and sexual intimacy, the Supreme Court has recognized a “synergy” between guaranteeing personal liberties and advancing equality. Courts interpreting the antidiscrimination laws that govern the private sector, however, often draw artificial and untenable lines between “conduct” and “status” to preclude protections for individuals or couples who face censure because of their intimate choices. This Article exposes how these arguments have been used to justify not only discrimination against the lesbian and gay community, but also discrimination against heterosexual couples who engage in non-marital intimacy or non-marital childrearing.
During the 1980s and 1990s, several …
Every Dollar Counts: In Defense Of The Obama Department Of Education's "Supplement Not Supplant" Proposal, James S. Liebman, Michael Mbikiwa
Every Dollar Counts: In Defense Of The Obama Department Of Education's "Supplement Not Supplant" Proposal, James S. Liebman, Michael Mbikiwa
Faculty Scholarship
Evidence compellingly demonstrates – as Congress famously recognized in Title I of the Elementary and Secondary Education Act of 1965 (ESEA) – that children from economically disadvantaged backgrounds require more educational resources than other students. Yet, a half century later, many school districts still spend less money on high-poverty schools than on more privileged schools. In 2011, a study by the U.S. Department of Education discovered that nationwide, more than forty percent of schools eligible for Title I funding based on their high-poverty status receive less state and local funding for instructional and other personnel costs than non-Title I schools …
Undignified: The Supreme Court, Racial Justice, And Dignity Claims, Darren Lenard Hutchinson
Undignified: The Supreme Court, Racial Justice, And Dignity Claims, Darren Lenard Hutchinson
UF Law Faculty Publications
The Supreme Court has interpreted the Equal Protection Clause as a formal equality mandate. In response, legal scholars have advocated alternative conceptions of equality, such as antisubordination theory, that interpret equal protection in more substantive terms. Antisubordination theory would consider the social context in which race-based policies emerge and recognize material distinctions between policies intended to oppress racial minorities and those designed to ameliorate past and current racism. Antisubordination theory would also closely scrutinize facially neutral state action that systemically disadvantages vulnerable social groups. The Court has largely ignored these reform proposals. Modern Supreme Court rulings, however, have invoked the …
Straight Out Of Compton: Developmental Equality And A Critique Of The Compton School Litigation, Nancy E. Dowd
Straight Out Of Compton: Developmental Equality And A Critique Of The Compton School Litigation, Nancy E. Dowd
UF Law Faculty Publications
In Part I, I set out my developmental equality model in three sections. First, I briefly explore the ecological perspective on child development, a broadly accepted developmental model, and its relation to best interests. Second, I consider the limitations of a ‘neutral’ ecological perspective, using as my example data about the life course of African American boys from birth to age 18. Finally, I suggest how to shift the lens to one of developmental equality, using the theoretical models of Cynthia Garcia Coll and Margaret Beale Spencer. While linked to the experience of children of color in the United States, …
Equality Law Pluralism, Olatunde C.A. Johnson
Equality Law Pluralism, Olatunde C.A. Johnson
Faculty Scholarship
This contribution to the Constance Baker Motley Symposium examines the future of civil rights reform at a time in which longstanding limitations of the antidiscrimination law framework, as well as newer pressures such as the rise of economic populism, are placing stress on the traditional antidiscrimination project. This Essay explores the openings that nevertheless remain in public law for confronting persistent forms of exclusion and makes the case for greater pluralism in equality law frameworks. In particular, this Essay examines innovations that widen the range of regulatory levers for promoting inclusion, such as competitive grants, tax incentives, contests for labor …
Armed Response: An Unfortunate Legacy Of Apartheid, Leila Lawlor
Armed Response: An Unfortunate Legacy Of Apartheid, Leila Lawlor
Faculty Publications By Year
No abstract provided.
The Free Exercise Of Religious Identity, Lauren Sudeall Lucas
The Free Exercise Of Religious Identity, Lauren Sudeall Lucas
Faculty Publications By Year
In recent years, a particular strain of argument has arisen in response to decisions by courts or the government to extend certain rights to others. Grounded in religious freedom, these arguments suggest that individuals have a right to operate businesses or conduct their professional roles in a manner that conforms to their religious identity. For example, as courts and legislatures have extended the right to marry to same-sex couples, court clerks have refused to issue marriage certificates to such couples, claiming that to do so would violate their religious beliefs. Similarly, corporations have refused, for reasons grounded in religious identity, …
Diversity: How Is Aall Doing?, James M. Donovan
Diversity: How Is Aall Doing?, James M. Donovan
Law Faculty Scholarly Articles
This paper describes the possible approaches to encouraging diversity within the workplace that are available to all professional organizations, including the American Association of Law Libraries [AALL]. Part I reviews the basic terms: discrimination, bias, and diversity. Reasons for pursuing diversity in the workplace are discussed in Part II. Two instrumental justifications and one intrinsic rationale reveal the range of motivations behind these projects. Each rationale supports its characteristic form of diversity: reflective, substantive, and cognitive. Because the kind of diversity determines the anticipated outcome, disagreement over progress may be the result of expecting different kinds of diversity. Clarity on …
The Economic Justice Imperative For Transactional Law Clinics, Lynnise E. Pantin
The Economic Justice Imperative For Transactional Law Clinics, Lynnise E. Pantin
Faculty Scholarship
The economic, political, and social volatility of the sixties and seventies, out of which clinical legal education was born, has certain mythical qualities for most law students, and perhaps some law professors. America still bears the scars of the economic policies of those previous eras, such as redlining, blockbusting, poverty and urban decay. While the realities of the era may seem out of reach for many of our students, those arising out of that era have contributed to the wealth gap in this country, which has worsened over the last twenty years. Now more than ever, society needs social justice …
Overreach And Innovation In Equality Regulation, Olatunde C.A. Johnson
Overreach And Innovation In Equality Regulation, Olatunde C.A. Johnson
Faculty Scholarship
At a time of heightened concern about agency overreach, this Article highlights a less appreciated development in agency equality regulation. Moving beyond traditional bureaucratic forms of regulation, civil rights agencies in recent years have experimented with new forms of regulation to advance inclusion. This new "inclusive regulation" can be described as more open ended, less coercive, and more reliant on rewards, collaboration, flexibility, and interactive assessment than traditional modes of civil rights regulation. This Article examines the power and limits of this new inclusive regulation and suggests a framework for increasing the efficacy of these new modes of regulation.
Reinvigorating Commonality: Gender & Class Actions, Brooke D. Coleman, Elizabeth G. Porter
Reinvigorating Commonality: Gender & Class Actions, Brooke D. Coleman, Elizabeth G. Porter
Faculty Articles
The modern class action, the modern feminist movement, and Title VII of the Civil Rights Act of 1964 were all products of the creativity and turmoil of the 1960s. As late as 1961 — one year after Justice Felix Frankfurter rejected new law school graduate Ruth Bader Ginsburg as a law clerk because she was a woman — the Supreme Court unanimously upheld the constitutionality of a Florida statute that required men, but not women, to serve on juries, on the ground that women’s primary role was in the home. As Betty Friedan put it in 1963’s The Feminine Mystique, …