Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Selected Works (5)
- Saint Louis University School of Law (4)
- University of Maryland Francis King Carey School of Law (4)
- Northwestern Pritzker School of Law (2)
- University of Baltimore Law (2)
-
- University of Colorado Law School (2)
- University of Pennsylvania Carey Law School (2)
- American University Washington College of Law (1)
- Boston University School of Law (1)
- Columbia Law School (1)
- Duke Law (1)
- Fordham Law School (1)
- Georgetown University Law Center (1)
- Maurer School of Law: Indiana University (1)
- Notre Dame Law School (1)
- SelectedWorks (1)
- St. John's University School of Law (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- University of Florida Levin College of Law (1)
- University of Missouri School of Law (1)
- University of Pittsburgh School of Law (1)
- University of San Diego (1)
- Vanderbilt University Law School (1)
- Publication
-
- All Faculty Scholarship (8)
- Faculty Scholarship (6)
- Faculty Publications (2)
- Faculty Working Papers (2)
- Publications (2)
-
- Taunya Lovell Banks (2)
- Alan E Garfield (1)
- Articles (1)
- Indiana Journal of Global Legal Studies (1)
- Journal Articles (1)
- Maryland Law Review (1)
- Phoebe A. Haddon (1)
- Rachel A. Harmon (1)
- Robert E. Suggs (1)
- San Diego International Law Journal (1)
- Schmooze 'tickets' (1)
- Testimony Before Congress (1)
- The Modern American (1)
- Touro Law Review (1)
- UF Law Faculty Publications (1)
- Vanderbilt Law School Faculty Publications (1)
- Publication Type
Articles 31 - 37 of 37
Full-Text Articles in Law
Integration, Reconstructed, Olatunde C.A. Johnson
Integration, Reconstructed, Olatunde C.A. Johnson
Faculty Scholarship
This article examines Parents Involved for the light it sheds on integration's continuing relevance to educational and social equity. Part I examines the story of school integration in Jefferson County and shows how this largely successful metropolitan integration plan challenges claims of racial integration's futility. Part II puts forward the empirical evidence that plaintiffs in Parents Involved used in seeking to establish that school boards have a compelling interest in promoting racial integration and avoiding the harm of racially isolated schools. This part argues that the empirical case for racial integration, while not without limitations, moves beyond stigmatization, psychological harm, …
Social Movements And Judging: An Essay On Institutional Reform Litigation And Desgregation In Dallas, Texas, Darren Lenard Hutchinson
Social Movements And Judging: An Essay On Institutional Reform Litigation And Desgregation In Dallas, Texas, Darren Lenard Hutchinson
UF Law Faculty Publications
This Article discusses the political and legal barriers that have surfaced to undermine the ability of courts to fashion remedies that offer justice to aggrieved individuals and to render rights-based institutional reform litigation a judicial relic. Part II examines the historical development of institutional reform litigation and examines the political factors that created the opportunity for dramatic changes in legal approaches to the issue of racial inequality. Part III examines litigation challenging segregation in Dallas public schools. It also discusses cases filed in the immediate post-Brown v. Board of Education era and contrasts those cases with Judge Sanders's rulings on …
Myth Of The Color-Blind Judge: An Empirical Analysis Of Racial Harassment Cases, Pat K. Chew, Robert E. Kelley
Myth Of The Color-Blind Judge: An Empirical Analysis Of Racial Harassment Cases, Pat K. Chew, Robert E. Kelley
Articles
This empirical study of over 400 federal cases, representing workplace racial harassment jurisprudence over a twenty-year period, found that judges' race significantly affects outcomes in these cases. African American judges rule differently than White judges, even when we take into account their political affiliation and case characteristics. At the same time, our findings indicate that judges of all races are attentive to relevant facts of the cases but interpret them differently. Thus, while we cannot predict how an individual judge might act, our study results strongly suggest that African American judges as a group and White judges as a group …
Created In Its Image: The Race Analogy, Gay Identity, And Gay Litigation In The 1950s-1970s, Craig J. Konnoth
Created In Its Image: The Race Analogy, Gay Identity, And Gay Litigation In The 1950s-1970s, Craig J. Konnoth
Publications
Existing accounts of early gay rights litigation largely focus on how the suppression and liberation of gay identity affected early activism. This Note helps complicate these dynamics, arguing that gay identity was not just suppressed and then liberated, but substantially transformed by activist efforts during this period, and that this transformation fundamentally affected the nature of gay activism. Gay organizers in the 1950s and 1960s moved from avoiding identity-based claims to analogizing gays to African-Americans. By transforming themselves in the image of a successful black civil rights minority, activists attempted to win over skeptical courts in a period when equal …
A New E.R.A. Or A New Era? Amendment Advocacy And The Reconstitution Of Feminism, Serena Mayeri
A New E.R.A. Or A New Era? Amendment Advocacy And The Reconstitution Of Feminism, Serena Mayeri
All Faculty Scholarship
Scholars have largely treated the reintroduction of the Equal Rights Amendment (ERA) after its ratification failure in 1982 as a mere postscript to a long, hard-fought, and ultimately unsuccessful campaign to enshrine women’s legal equality in the federal constitution. This Article argues that “ERA II” was instead an important turning point in the history of legal feminism and of constitutional amendment advocacy. Whereas ERA I had once attracted broad bipartisan support, ERA II was a partisan political weapon exploited by advocates at both ends of the ideological spectrum. But ERA II also became a vehicle for feminist reinvention. Congressional consideration …
Women’S Unequal Citizenship At The Border: Lessons From Three Nonfiction Films About The Women Of Juárez, Regina Austin
Women’S Unequal Citizenship At The Border: Lessons From Three Nonfiction Films About The Women Of Juárez, Regina Austin
All Faculty Scholarship
There is no better illustration of the impact of borders on women’s equal citizenship than the three documentaries reviewed in this essay. All three deal with the femicides that befell the young women of Ciudad Juárez, Mexico between 1993 and 2005. Juarez is just across the border from El Paso, Texas. Performing the Border (1999) stimulates the viewer’s imagination regarding the ephemeral nature of borders and their impact on the citizenship of women who live at the intersection of local, regional, national and international legal regimes. Señorita Extraviada (2001) is an intimate portrait of the victims which illustrates why the …
Qualified Immunity And Constitutional Avoidance, Jack M. Beermann
Qualified Immunity And Constitutional Avoidance, Jack M. Beermann
Faculty Scholarship
The Supreme Court’s elimination of the subjective element of the qualified immunity defense in constitutional tort cases had the unanticipated side effect of creating the potential for constitutional stagnation. To avoid this stagnation and although it appears to violate the general practice of constitutional avoidance, in Saucier v. Katz, the Court held that federal courts must decide the constitutional merits before deciding whether the defendant is immune from damages relief. Lower court judges and some Supreme Court Justices were unhappy at the prospect of addressing constitutional issues in all immunities cases, especially in those cases in which it was clear …