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Should Race Matter When Rectifying Past Errors?, Alan E. Garfield Jul 2009

Should Race Matter When Rectifying Past Errors?, Alan E. Garfield

Alan E Garfield

No abstract provided.


Outsider Citizens: Film Narratives About The Internment Of Japanese Americans, Taunya Banks Jun 2009

Outsider Citizens: Film Narratives About The Internment Of Japanese Americans, Taunya Banks

Taunya Lovell Banks

This article examines the conflicting film narratives about the internment from 1942 through 2007. It argues that while later film narratives, especially documentaries, counter early government film narratives justifying the internment, these counter-narratives have their own damaging hegemony. Whereas earlier commercial films tell the internment story through the eyes of sympathetic whites, using a conventional civil rights template … Japanese and other Asian American documentary filmmakers construct their Japanese characters as model minorities — hyper-citizens, super patriots. Further, the internment experience remains largely a male story. With the exception of Emiko Omori’s documentary film memoir, Rabbit in the Moon (2004), …


Outsider Citizens: Film Narratives About The Internment Of Japanese Americans, Taunya Lovell Banks Feb 2009

Outsider Citizens: Film Narratives About The Internment Of Japanese Americans, Taunya Lovell Banks

Taunya Lovell Banks

This article examines the conflicting film narratives about the internment from 1942 through 2007. It argues that while later film narratives, especially documentaries, counter early government film narratives justifying the internment, these counter-narratives have their own damaging hegemony. Whereas earlier commercial films tell the internment story through the eyes of sympathetic whites, using a conventional civil rights template … Japanese and other Asian American documentary filmmakers construct their Japanese characters as model minorities — hyper-citizens, super patriots. Further, the internment experience remains largely a male story. With the exception of Emiko Omori’s documentary film memoir, Rabbit in the Moon (2004), …


Promoting Civil Rights Through Proactive Policing Reform, Rachel A. Harmon Jan 2009

Promoting Civil Rights Through Proactive Policing Reform, Rachel A. Harmon

Rachel A. Harmon

Reducing police misconduct requires substantial institutional reform in our nation’s police departments. Yet traditional legal means for deterring misconduct, such as civil suits under § 1983 and the exclusionary rule, have proved inadequate to force departmental change. 42 U.S.C. § 14141 was passed in 1994 to allow the Justice Department to sue police departments to force institutional reform. Scholars initially hailed § 14141 as a powerful tool for reducing unconstitutional police abuse. The Justice Department, however, has sued few police departments. This Article contends that § 14141’s greatest potential has been overlooked. Limited resources will always mean that § 14141 …


The Geography Of Discrimination: The Seattle And Louisville Cases And The Legacy Of Brown V. Board Of Education, Robert Hayman Dec 2008

The Geography Of Discrimination: The Seattle And Louisville Cases And The Legacy Of Brown V. Board Of Education, Robert Hayman

Robert L. Hayman

No abstract provided.


Choosing Equality: Essays And Narratives On The Desegregation Experience, Robert Hayman, Leland Ware Dec 2008

Choosing Equality: Essays And Narratives On The Desegregation Experience, Robert Hayman, Leland Ware

Robert L. Hayman

No abstract provided.


Labor Union Coalition Challenges To Governmental Action: Defending The Civil Rights Of Law-Wage Workers, Maria Ontiveros Dec 2008

Labor Union Coalition Challenges To Governmental Action: Defending The Civil Rights Of Law-Wage Workers, Maria Ontiveros

Maria L. Ontiveros

(This paper is a working draft, which will be published in final form by the University of Chicago Legal Forum, Vol. 2009.)

The article examines international and domestic legal challenges filed by traditional labor unions, in coalition with others, against the government of the Unites States of America. The article argues that these lawsuits can help protect the civil rights of low-wage workers by creating a coherent legal theory defending the civil rights of low-wage workers and by creating an identifiable change agent to work on that defense. The lawsuits include those challenging governmental action with respect to immigrant workers, …


Introduction, Robert Hayman, Leland Ware Dec 2008

Introduction, Robert Hayman, Leland Ware

Robert L. Hayman

No abstract provided.


Affirming The Thirteenth Amendment, Douglas L. Colbert Oct 2008

Affirming The Thirteenth Amendment, Douglas L. Colbert

Douglas L. Colbert

No abstract provided.


Liberating The Thirteenth Amendment, Douglas L. Colbert Oct 2008

Liberating The Thirteenth Amendment, Douglas L. Colbert

Douglas L. Colbert

No abstract provided.


Bifurcation Of Civil Rights Defendants: Undermining Monell In Police Brutality Cases, Douglas L. Colbert Oct 2008

Bifurcation Of Civil Rights Defendants: Undermining Monell In Police Brutality Cases, Douglas L. Colbert

Douglas L. Colbert

No abstract provided.


Counter-Stories: Maintaining And Expanding Civil Liberties In Wartime, Mark A. Graber Jul 2008

Counter-Stories: Maintaining And Expanding Civil Liberties In Wartime, Mark A. Graber

Mark Graber

No abstract provided.


Rethinking Novotny In Light Of United Brotherhood Of Carpenters & Joiners V. Scott: The Scope And Constitutionally Permissible Periphery Of Section 1985 (3), Taunya Lovell Banks Jun 2008

Rethinking Novotny In Light Of United Brotherhood Of Carpenters & Joiners V. Scott: The Scope And Constitutionally Permissible Periphery Of Section 1985 (3), Taunya Lovell Banks

Taunya Lovell Banks

No abstract provided.


Traditional Values Or New Tradition Of Prejudice? The Boy Scouts Of America Vs. The Unitarian Universalist Association Of Congregations, Eric Alan Isaacson Jan 2006

Traditional Values Or New Tradition Of Prejudice? The Boy Scouts Of America Vs. The Unitarian Universalist Association Of Congregations, Eric Alan Isaacson

Eric Alan Isaacson

President William Howard Taft, a Unitarian leader whose liberal faith had been viciously attacked by religious conservatives in the 1908 presidential campaign, used the White House as a platform in 1911 to launch a new nonsectarian organization for youth: The Boy Scouts of America (“BSA”). Lately, however, the BSA itself has come under the control of religious conservatives – who in 1992 banned Taft’s denomination from the BSA’s Religious Relationships Committee, and in 1998 threw Taft’s denomination out of its Religious Emblems Program. The denomination’s offense: A tradition of teaching its children that institutionalized discrimination is wrong. Unitarian Universalist religious …


Civil Rights, Latinos, And Immigration : Cybercascades And Other Distortions In The Immigration Reform Debate, Enid Trucios-Haynes Dec 2005

Civil Rights, Latinos, And Immigration : Cybercascades And Other Distortions In The Immigration Reform Debate, Enid Trucios-Haynes

Enid F. Trucios-Haynes

No abstract provided.


True Integration: Advancing Brown's Goal Of Educational Equity In The Wake Of Grutter, Lia Epperson Dec 2004

True Integration: Advancing Brown's Goal Of Educational Equity In The Wake Of Grutter, Lia Epperson

Lia Epperson

The late Supreme Court Justice Thurgood Marshall, founder of the NAACP Legal Defense Fund ("LDF"), and head of the legal team that litigated Brown v. Board of Education,' knew well the challenges that desegregation posed in a nation founded on a system of racial subjugation and white supremacy. A full thirty years after Brown, he acknowledged: Desegregation is not and was never expected to be an easy task. Racial attitudes ingrained in our Nation's childhood and adolescence are not quickly thrown aside in its middle years.... In the short run, it may seem to be the easier course to allow …


Comparing Remedies For School Desegregation And Employment Discrimination.Pdf, Candace Kovacic-Fleischer Dec 2003

Comparing Remedies For School Desegregation And Employment Discrimination.Pdf, Candace Kovacic-Fleischer

Candace Kovacic-Fleischer

INTRODUCTION: Ten years after the Supreme Court decided Brown v. Board of Education, now a symbol of the beginning of the end of racial discrimination, Congress passed Title VII of the Civil Rights Act of 1964. Title VII opened the workplace to all races and women in ways that had not previously existed. While discrimination in the workplace has not disappeared in the forty years since Title VII's enactment, one sees minorities and women in a greater variety of jobs, and at higher levels, than one would have seen a generation ago. The promise of Brown, however, has not been …


Buffalo's "Prophet Of Protest": The Political Leadership And Activism Of Reverend Dr. Bennett W. Smith, Sr., Sherri Wallace Jun 2001

Buffalo's "Prophet Of Protest": The Political Leadership And Activism Of Reverend Dr. Bennett W. Smith, Sr., Sherri Wallace

Sherri L. Wallace

Recently voted as one of Western New York's most influential people for the twentieth century (Gallivan 1999), the Reverend Dr. [Bennett W. Smith, Sr.] Sr.'s own electoral and political activism clearly emanate from the ethical expressions of the social justice ministry of his late friend and comrade, the Reverend Dr. Martin Luther King, Jr. King characterized social justice in terms of "comprehensive social empowerment." He believed that freedom for African-Americans without empowerment (i.e. "Civil Rights"), land and/or other social/economic resources, was not "true" freedom (Walker 1991, 24). King's philosophy, similar to Stokely Carmichael's view of "Black Power," articulated a "call …


Are Asians Black?: The Asian-American Civil Rights Agenda And The Contemporary Significance Of The Black/White Paradigm, Janine Young Kim Dec 1998

Are Asians Black?: The Asian-American Civil Rights Agenda And The Contemporary Significance Of The Black/White Paradigm, Janine Young Kim

Janine Kim

In recent years, Asian Americans have increasingly laid claim to a place in civil rights history. One strategy of this movement has been to renounce the black/white paradigm as a biracial model of race relations that no longer accurately describes contemporary America. In this essay, I suggest that the black/white paradigm is more compelling than commonly assumed, and explore six dimensions of the paradigm that speak to its contemporary relevance to the Asian American civil rights agenda.


The Little Rock Crisis And Foreign Affairs: Race, Resistance, And The Image Of American Democracy, Mary L. Dudziak Sep 1997

The Little Rock Crisis And Foreign Affairs: Race, Resistance, And The Image Of American Democracy, Mary L. Dudziak

Mary L. Dudziak

When President Dwight D. Eisenhower sent federal troops to Little Rock, Arkansas to enforce a school desegregation order at Central High School in the fall of 1957, more than racial equality was at issue. The image of American democracy was at stake. The Little Rock crisis played out on a world stage, as news media around the world covered the crisis. During the weeks of impasse leading up to Eisenhower's dramatic intervention, foreign critics questioned how the United States could argue that its democratic system of government was a model for others to follow when racial segregation was tolerated in …


The Supreme Judicial Court In Its Fourth Century: Meeting The Challenge Of The "New Constitutional Revolution", Charles Baron Feb 1992

The Supreme Judicial Court In Its Fourth Century: Meeting The Challenge Of The "New Constitutional Revolution", Charles Baron

Charles H. Baron

In the mid-19th century, when the United States was confronted with daunting changes wrought by its expanding frontiers and the advent of the industrial revolution, its state supreme courts developed the principles of law which facilitated the nation's growth into the great continental power it became. First in influence among these state supreme courts was the Supreme Judicial Court of Massachusetts-whose chief justice, Lemuel Shaw, came widely to be known as "America's greatest magistrate." It is this tradition that the court brings with it as it develops its place in the "new constitutional revolution" presently sweeping our state supreme courts. …


Proving Discrimination After Price Waterhouse And Wards Cove.Pdf, Candace Kovacic-Fleischer Dec 1989

Proving Discrimination After Price Waterhouse And Wards Cove.Pdf, Candace Kovacic-Fleischer

Candace Kovacic-Fleischer

INTRODUCTION Anyone involved in litigation under Title VII of the Civil Rights Act of 19641 or similar state statutes may wonder what is entailed in proving or disproving discrimination after the United States Supreme Court's October 1988 Term. In fact, in the pending Civil Rights Act of 1990, Congress is considering reversing some of what the Supreme Court did during that Term. One of the issues that the Supreme Court addressed during the 1988 Term involved allocating burdens of proof in two major types of Title VII claims, dis- parate-treatment and disparate-impact. Price Waterhouse v. Hopkins, dealt with a disparate-treatment …


Pennsylvania Juvenile Justice Manual For Junior High School & Middle School Students, Robert Hayman Dec 1987

Pennsylvania Juvenile Justice Manual For Junior High School & Middle School Students, Robert Hayman

Robert L. Hayman

No abstract provided.