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Full-Text Articles in Law
Employees Beware: How Sb 43 Takes Missouri Anti-Discrimination Law Too Far, Emily Crane
Employees Beware: How Sb 43 Takes Missouri Anti-Discrimination Law Too Far, Emily Crane
The Business, Entrepreneurship & Tax Law Review
SB 43 passed through the Missouri Legislature and was signed into law by Governor Eric Greitens on June 30, 2017. Ostensibly intended to bring Missouri’s anti-discrimination law in line with analogous federal law, SB 43 amended the Missouri Human Rights Act and thereby improperly increased the legal burden on employment discrimination plaintiffs. This article examines the causation standards under Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act and contrasts those with the newly-amended Missouri Human Rights Act to demonstrate just how far Missouri law has gone. In so doing, this article ultimately concludes …
Race, Rhetoric, And Judicial Opinions: Missouri As A Case Study, Brad Desnoyer, Anne Alexander
Race, Rhetoric, And Judicial Opinions: Missouri As A Case Study, Brad Desnoyer, Anne Alexander
Faculty Publications
This Essay studies the relationship between race, rhetoric, and history in three twentieth century segregation cases: State ex rel. Gaines v. Canada, Kraemer v. Shelley, and Liddell v. Board of Education. Part I gives a brief overview of the scholarship of Critical Race Theory, majoritarian narratives and minority counter-narratives, and the judiciary’s rhetoric in race-based cases. Part II analyzes the narratives and language of Gaines, Kraemer, and Liddell, provides the social context of these cases, and traces their historical outcomes.
The Essay contends that majoritarian narratives with problematic themes continue to perpetuate even though court opinions have evolved to use …
Between A Rock And A Hard Place: Landlords, Latinos, Anti-Illegal Immigrant Ordinances, And Housing Discrimination, Rigel C. Oliveri
Between A Rock And A Hard Place: Landlords, Latinos, Anti-Illegal Immigrant Ordinances, And Housing Discrimination, Rigel C. Oliveri
Faculty Publications
In the face of federal inability to effectively police our national borders and to remove unauthorized immigrants, many local governments have recently sought to take measures into their own hands by passing anti-illegal immigrant ("AII") ordinances. These ordinances usually contain a combination of provisions restricting housing, employment, and public benefits for unauthorized immigrants, among other things.This Article focuses on AII provisions that are targeted at private rental housing, which typically take the form of sanctions against landlords who rent to unauthorized immigrants.
Is Acquisition Everything? Protecting The Rights Of Occupants Under The Fair Housing Act, Rigel C. Oliveri
Is Acquisition Everything? Protecting The Rights Of Occupants Under The Fair Housing Act, Rigel C. Oliveri
Faculty Publications
This article addresses a recent trend among the federal courts to deny housing discrimination claims under the Fair Housing Act in cases where the plaintiff was an occupant of the housing at the time the discrimination occurred. Put another way, the courts have begun to read the FHA as protecting only the right to obtain housing, not the right to occupy that housing free of discrimination.The trend began with a 2004 Seventh Circuit opinion authored by Judge Richard Posner in the case of Halprin v. The Prairie Single Family Homes. Halprin dismissed most of the claims of a Jewish couple …
Reinforcing The Myth Of The Crazed Rapist: A Feminist Critique Of Recent Rape Legislation, Christina E. Wells, Erin Elliott
Reinforcing The Myth Of The Crazed Rapist: A Feminist Critique Of Recent Rape Legislation, Christina E. Wells, Erin Elliott
Faculty Publications
Part I of this article reviews these new legislative provisions, discussing their requirements as well as the general impetus behind their enactment. Part II discusses both the history of rape prosecution and feminist efforts in the 1970s and 1980s to eliminate barriers to successful rape prosecutions. This part also elaborates upon the myth of the crazed rapist and its relationship to feminist reform efforts. Part III explains how the current legislation is rooted in and reinforces that myth by encouraging unsupportable distinctions among rape defendants. Finally, Part IV discusses the feminist response to such laws and argues for a more …
The Case Against Private Disparate Impact Suits, Thom Lambert
The Case Against Private Disparate Impact Suits, Thom Lambert
Faculty Publications
This article argues that the Third Circuit, and the courts that have implicitly approved private disparate impact suits, have erred in construing Title VI to permit private plaintiffs to sue federally funded entities for discrimination based on disparate impact alone. From a policy standpoint, permitting private disparate impact suits is a bad idea, for the threat of such suits will lead to deterrence of actions and decisions that have incidental disparate effects but are, on the whole, good.
Panel Remarks Civil Rights Division Association Symposium: The Civil Rights Division At Forty, Michael A. Middleton
Panel Remarks Civil Rights Division Association Symposium: The Civil Rights Division At Forty, Michael A. Middleton
Faculty Publications
Welcome to all of you to the second of our Symposia. This is the fortieth year of the Civil Rights Division. Our focus this morning will be the Division's past and where it should be going in the future.
Environmental Inequity: Economic Causes, Economic Solutions, Thom Lambert, Christopher Boerner
Environmental Inequity: Economic Causes, Economic Solutions, Thom Lambert, Christopher Boerner
Faculty Publications
The article examines one such shortcoming: namely, that existing research fails to account for the dynamic nature of the housing market. Analyzing data from the St. Louis metropolitan area, this study finds that economic factors--not siting discrimination--are behind many claims of environmental racism. This phenomenon suggests the need to develop public policies that fit the economic nature of the problem. In particular, a policy that compensates individuals living near industrial sites is the key to securing environmental justice.
Internal Dispute Resolution: The Transformation Of Civil Rights In The Workplace, John M. Lande, Lauren B. Edelman, Howard S. Erlanger
Internal Dispute Resolution: The Transformation Of Civil Rights In The Workplace, John M. Lande, Lauren B. Edelman, Howard S. Erlanger
Faculty Publications
Many employers create internal procedures for the resolution of discrimination complaints. We examine internal complaint handlers' conceptions of civil rights law and the implications of those conceptions for their approach to dispute resolution. Drawing on interview data, we find that complaint handlers tend to subsume legal rights under managerial interests. They construct civil rights law as a diffuse standard of fairness, consistent with general norms of good management. Although they seek to resolve complaints to restore smooth employment relations, they tend to recast discrimination claims as typical managerial problems. While the assimilation of law into the management realm may extend …
After We're Gone: A Commentary, Michael A. Middleton
After We're Gone: A Commentary, Michael A. Middleton
Faculty Publications
Professor Bell has placed before us a basic question that must be dealt with by all who wish to resolve the difficulties inherent in governing a free society. That question is one with which the framers of our Constitution grappled and that baffles us still. How does a society effectively govern itself and at the same time guarantee equal liberty for all? More specifically, in the racial context presented by The Chronicle of the Space Traders, when may government act for the benefit of society in a manner that is detrimental to some of its citizens because of their race?
Securing Justice: A Response To William Bradford Reynolds, Michael A. Middleton
Securing Justice: A Response To William Bradford Reynolds, Michael A. Middleton
Faculty Publications
I doubt that William Bradford Reynolds would disagree that the self evident truths the Framers of the Declaration of Independence spoke about are as applicable today in the 1980's as they were over 200 years ago. I also doubt that Mr. Reynolds would disagree that despite the fact that black people were not considered human beings when the Constitution was framed, the fourteenth amendment to that great document was intended to bring them within the ambit of its protections. On these two basic propositions, I suspect, Mr. Reynolds and I would agree. Beyond that however, Mr. Reynolds advances a fundamentally …