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Full-Text Articles in Law

Taking Care Of Business And Protecting Maine's Employees: Supervisor Liability For Employment Discrimination Under The Maine Human Rights Act, Katharine I. Rand Dec 2017

Taking Care Of Business And Protecting Maine's Employees: Supervisor Liability For Employment Discrimination Under The Maine Human Rights Act, Katharine I. Rand

Maine Law Review

On the heels of federal legislation prohibiting employment discrimination most states, including Maine, have enacted their own civil or human rights statutes aimed at eliminating discriminatory behavior in the workplace. Like its federal counterpart, Title VII of the Civil Rights Act of 1964 (Title VII), the Maine Human Rights Act, enacted in 1971, prohibits employers from discriminating on the basis of race, gender, age, religion, or national origin and provides a civil remedy for victims of employment discrimination. Moreover, like Title VII, the question of just who constitutes a liable “employer” under the Maine Human Rights Act has been the …


The Role Of The State Attorney General In Preventing And Punishing Hate Crimes Through Civil Prosecution: Positive Experiences And Possible First Amendment Potholes, Amy Dieterich Oct 2017

The Role Of The State Attorney General In Preventing And Punishing Hate Crimes Through Civil Prosecution: Positive Experiences And Possible First Amendment Potholes, Amy Dieterich

Maine Law Review

On July 3, 2006, Lewiston, Maine resident Brent Matthews threw a pig's head as "a joke" into the town's only mosque, frequented primarily by Somali refugees, during evening services. Because of Matthews' "joke," members of the mosque were required by Islamic law to clean the desecrated area seven times, attendance at the mosque decreased, and some members said they feared physical harm. Unfortunately for Matthews, Maine is one of eight states that has given its Attorney General the authority to seek a civil remedy for a violation of a citizen's civil rights, which can be pursued concurrently or exclusively of …


Recollections Of My Time In The Civil Rights Movement, Melvyn H. Zarr Oct 2017

Recollections Of My Time In The Civil Rights Movement, Melvyn H. Zarr

Maine Law Review

A while back, in November 2007, some students came down after class and asked me why I never told any personal stories during class. I gave them my standard reply that class time was too valuable for the telling of "war stories." "Well," they countered, "would you be willing to tell your 'back story' after class?" I had no objection to that, as long as they would set it up. I half-expected nothing further to come of it, but the students did set it up, publicizing it to the whole law school community. On the appointed day, an overflow crowd …


Renewing Human Rights Law In Canada, Dominique Clément Oct 2017

Renewing Human Rights Law In Canada, Dominique Clément

Osgoode Hall Law Journal

Human rights law was one of the great legal innovations of the twentieth century. And yet human rights agencies and practitioners face a backlash that has resulted in regressive legislative reforms in recent years. These reforms have only succeeded in undermining some of the key pillars of the Canadian model for human rights law. The following article places the current backlash within historical context. The author argues that many recent reforms have replicated the deficiencies of past anti-discrimination laws. Commissions and policy-makers must respond by building on the strengths of the original Canadian model by improving public education, engaging with …


Litigating Police Misconduct: Does The Litigation Process Matter? Does It Work? Oct 2017

Litigating Police Misconduct: Does The Litigation Process Matter? Does It Work?

Northwestern Journal of Law & Social Policy

No abstract provided.


Police In America: Ensuring Accountability And Mitigating Racial Bias Feat. Paul Butler Oct 2017

Police In America: Ensuring Accountability And Mitigating Racial Bias Feat. Paul Butler

Northwestern Journal of Law & Social Policy

No abstract provided.


Reforming The Ranks: Policy Initiatives To Ensure Police Accountability & Improve Police And Community Relations Oct 2017

Reforming The Ranks: Policy Initiatives To Ensure Police Accountability & Improve Police And Community Relations

Northwestern Journal of Law & Social Policy

No abstract provided.


Building Movement: Racial Injustice, Transformative Justice And Reimagined Policing Oct 2017

Building Movement: Racial Injustice, Transformative Justice And Reimagined Policing

Northwestern Journal of Law & Social Policy

No abstract provided.


Utilizing Title Vi As A Means To Eradicate Health Discrimination, Adrian D. Samuels, Mariah L. Cole Jul 2017

Utilizing Title Vi As A Means To Eradicate Health Discrimination, Adrian D. Samuels, Mariah L. Cole

Journal of Health Disparities Research and Practice

Health disparities among people of color are persistent and detrimental to the overall wellness of these groups. Discrimination in the provision of health care services is one of the primary causes of health disparities. Title VI of the Civil Rights Act of 1964’s availability as a tool to prevent discrimination and, in turn, disparities among these groups is underdocumented. The legislative intent of Title VI and the historical context of the law have been helpful in its use outside of the health care arena to prevent discrimination. This sheds light on the ways that the law can influence the health …


Voting Rights And The History Of Institutionalized Racism: Criminal Disenfranchisement In The United States And South Africa, Brock A. Johnson Jun 2017

Voting Rights And The History Of Institutionalized Racism: Criminal Disenfranchisement In The United States And South Africa, Brock A. Johnson

Georgia Journal of International & Comparative Law

No abstract provided.


Civil Rights Remedies In Higher Education: Jurisprudential Limitations And Lost Moments In Time, Lia Epperson Apr 2017

Civil Rights Remedies In Higher Education: Jurisprudential Limitations And Lost Moments In Time, Lia Epperson

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Ncaa: No Consequences Against Athletes, Catalina Kelly Jan 2017

Ncaa: No Consequences Against Athletes, Catalina Kelly

Loyola of Los Angeles Law Review

No abstract provided.


Gender-Selective Service: The History And Future Of Women And The Draft, Elizabeth Farrington Jan 2017

Gender-Selective Service: The History And Future Of Women And The Draft, Elizabeth Farrington

University of Arkansas at Little Rock Law Review

No abstract provided.


Why Are The Twin Cities So Segregated?, Myron Orfield, Will Stancil Jan 2017

Why Are The Twin Cities So Segregated?, Myron Orfield, Will Stancil

Mitchell Hamline Law Review

No abstract provided.


Dynamic Regulatory Constitutionalism: Taking Legislation Seriously In The Judicial Enforcement Of Economic And Social Rights, Richard Stacey Jan 2017

Dynamic Regulatory Constitutionalism: Taking Legislation Seriously In The Judicial Enforcement Of Economic And Social Rights, Richard Stacey

Notre Dame Journal of Law, Ethics & Public Policy

The international human rights revolution in the decades after the Second World War recognized economic and social rights alongside civil and political rights. The Universal Declaration of Human Rights in 1949, the International Covenant on Economic, Social, and Cultural Rights in 1966, regional treaties, and subject-specific treaties variously describe rights to food, shelter, health, and education, and set out state obligations for the treatment of children. When they first appeared, these international, economic, and social rights instruments raised questions about whether economic and social rights are justiciable in domestic legal contexts and whether they can be meaningfully enforced by courts …


Toward Systemic Equality: Reinvigorating A Progressive Application Of The Disparate Impact Doctrine, Justin D. Cummins, Beth Belle Isle Jan 2017

Toward Systemic Equality: Reinvigorating A Progressive Application Of The Disparate Impact Doctrine, Justin D. Cummins, Beth Belle Isle

Mitchell Hamline Law Review

No abstract provided.


Supreme Court Supremacy In A Time Of Turmoil: James V. City Of Boise, Richard Henry Seamon Jan 2017

Supreme Court Supremacy In A Time Of Turmoil: James V. City Of Boise, Richard Henry Seamon

Loyola of Los Angeles Law Review

Last Term’s decision in James v. City of Boise encapsulates the current civil rights turmoil and the legal system’s inadequate response to it. In James ̧ the U.S. Supreme Court reversed a decision in which the Idaho Supreme Court (1) awarded attorney’s fees against a civil rights plaintiff despite her credible claim of excessive police force and (2) denied that it was bound by U.S. Supreme Court decisions interpreting the federal statute authorizing the award. Although the Court in James reaffirmed the state courts’ well-settled duty to obey the Court’s decisions on federal law, this article shows that the duty …


Blowing Past Minnesota Nice: New Opportunities Arise To Utilize Disparate-Impact Theory And Practice In Twin Cities Low-Income Housing Discrimination Litigation, Anne M. Robertson Jan 2017

Blowing Past Minnesota Nice: New Opportunities Arise To Utilize Disparate-Impact Theory And Practice In Twin Cities Low-Income Housing Discrimination Litigation, Anne M. Robertson

Mitchell Hamline Law Review

No abstract provided.


"Lifting As We Climb": The American Council On Human Rights And The Quest For Civil Rights, Gregory S. Parks Jan 2017

"Lifting As We Climb": The American Council On Human Rights And The Quest For Civil Rights, Gregory S. Parks

American University Journal of Gender, Social Policy & the Law

The narrative of African Americans’ quest for racial equality and social justice in the Twentieth Century is typically construed in the context of main-line civil rights organizations—e.g., NAACP, SCLC, SNCC, and the like. However, for decades, black fraternal networks had been helping to lay the groundwork for the major civil rights campaigns that culminated in the Civil Rights Act of 1964. In 1938 Alpha Kappa Alpha Sorority, Incorporated created the National Non-Partisan Lobby on Civil and Democratic Rights (“NPC”), later renamed the National Non-Partisan Council on Public Affairs. It was the first full-time congressional lobby for minority group civil rights. …