Law Commons^™

Race, Reform, And Retrenchment: Transformation And Legitimation In Antidiscrimination Law, Kimberlé W. Crenshaw

Faculty Scholarship

Recent works by neoconservatives and by Critical legal scholars have suggested that civil rights reforms have been an unsuccessful means of achieving racial equality in America. In this Article, Professor Crenshaw considers these critiques and analyzes the continuing role of racism in the subordination of Black Americans. The neoconservative emphasis on formal colorblindness, she argues, fails to recognize the indeterminacy of civil rights laws and the force of lingering racial disparities. The Critical scholars, who emphasize the legitimating role of legal ideology and legal rights rhetoric, are substantially correct, according to Professor Crenshaw, but they fail to appreciate the choices …

Private Enforcement And The Fair Housing Act, Robert G. Schwemm

Law Faculty Scholarly Articles

The first section of the Fair Housing Act declares that "[i]t is the policy of the United States to provide, within constitutional limitations, for fair housing throughout the United States." If the United States has been officially committed to providing for fair housing for the past 20 years, why is segregated housing still the prevailing norm throughout our nation? Why does discrimination still regularly occur when minority homeseekers venture into white areas? Why are the opportunities for living in stable, integrated neighborhoods only marginally better now than they were a generation ago in the days of Lyndon Johnson, Everett McKinley …

The Black Lawyer In Virginia: Reflections Upon A Journey, 1938–1988, Veryl Victoria Miles, Gerald Bruce Lee, G. Nelson Smith Iii

Scholarly Articles

No abstract provided.

Rationality-And The Irrational Underinclusiveness Of The Civil Rights Laws, Peter Brandon Bayer

Washington and Lee Law Review

No abstract provided.

Decertification Of Police: An Alternative To Traditional Remedies For Police Misconduct, Roger L. Goldman, Steven Purro

All Faculty Scholarship

This article is the first in-depth examination of revocation of peace officer licenses for citizen abuse. Unlike the more familiar remedy of terminating the officer’s employment, license revocation, more commonly called decertification, has the advantage of disabling the officer from continuing to work in other departments within the state, just as occurs for myriad other professions and occupations. To determine what type of misconduct led to revocation, a file search was made of all revocations by the Florida Criminal Justices Standards and Training Commission during the time period October 1976 – October 1983. Florida was selected because it has been …

Pornography Is A Civil Rights Issue For Women, Andrea Dworkin

University of Michigan Journal of Law Reform

My name is Andrea Dworkin. I am a citizen of the United States, and in this country where I live, every year millions and millions of pictures are being made of women with our legs spread. We are called beaver, we are called pussy, our genitals are tied up, they are pasted, makeup is put on them to make them pop out of a page at a male viewer. Millions and millions of pictures are made of us in postures of submission and sexual access so that our vaginas are exposed for penetration, our anuses are exposed for penetration, our …

Civil Rights In Transition: Sections 1981 And 1982 Cover Discrimination On The Basis Of Ancestry And Ethnicity, Eileen Kaufman, Martin A. Schwartz

Touro Law Review

No abstract provided.

The Problem Of Selecting A Valuation Date For Property Subject To Equitable Distribution In New York

Touro Law Review

No abstract provided.

Civil Liberties Guarantees When Indian Tribes Act As Majority Societies: The Case Of The Winnebago Retrocession, Charles F. Wilkinson

Publications

No abstract provided.

Admissibility Of Psychiatric Evaluations Under Miranda And The Right To Counsel: Satterwhite And Buchanan, Michael L. Perlin

Other Publications

No abstract provided.

Legislative Enforcement Of Equal Protection, Stephen F. Ross

Faculty Scholarship

This Article explores the legislative role in enforcing the constitutional guarantee to equal protection. Part I describes the underenforcement principle that explains the restrictive judicial exercise of authority in constitutional matters. The Article then focuses on Congress' role in examining issues relating to the constitutional guarantee of equal protection that the courts have chosen to underenforce. Part II analyzes relevant constitutional provisions that may empower or limit congressional actions. Part III considers ways in which Congress can address state violations of equal protection through directives to the judiciary and through the legislative process. Part IV details how both federal and …

Rationality - And The Irrational Underinclusiveness Of The Civil Rights Laws, Peter Brandon Bayer

Scholarly Works

Congress has enacted a series of civil rights laws designed to protect individuals from public an private forms of irrational discrimination. To be lawful, such civil rights statutes must conform with the definition of rationality required by the Fifth and Fourteenth Amendments. Yet, in one fashion, these statutes are as irrational as the behavior they seek to control. The statutes protect only certain classes of individuals in limited instances. This article argues that the existing civil rights laws, although integral to a free society, are but a first step. The statute will never be fully rational, never completely fair, until …

Protecting The Parental Rights Of Incarcerated Mothers Whose Children Are In Foster Care: Proposed Changes To New York's Termination Of Parental Rights Law, Philip Genty

Faculty Scholarship

In the past decade, the number of female prisoners in New York state and city jails has risen dramatically. Currently, there are 1,890 women incarcerated in New York State prisons, and an additional 1,626 women confined in New York City jails. Approximately seventy- two percent of the women in state prisons are parents, and, according to one informal study, nearly sixty percent of the women in city prisons are single parents with minor children. While some of these women can make formal or informal child care arrangements with relatives or close friends, many others must turn to state-regulated foster care. …

Privatization Of Prisons: An Analysis Of The State Action Requirement Of The Fourteenth Amendment And 42 U.S.C. § 1983, Ira Robbins

Scholarly Articles in Law Reviews & Journals

Introduction: The privatization of prisons raises important issues with respect to liability in suits brought by inmates. If a private company operates the prison, the state likely will be directly involved in some aspects of prison life, such as using force when necessary or making quasi-judicial decisions, but it may not be directly involved in the day-to-day operation of the institution. This dichotomy of involvement may lead to con- fusion over responsibility and accountability when a violation of rights is alleged to have occurred. When a private party, as opposed to a government employee, is charged with abridging rights guaranteed …

Communities, Texts, And Law: Reflections On The Law And Literature Movement, Robin West

Georgetown Law Faculty Publications and Other Works

How do we form communities? How might we form better ones? What is the role of law in that process? In a recent series of books and articles, James Boyd White, arguably the modern law and literature movement's founder, has put forward distinctively literary answers to these questions. Perhaps because of the fluidity of the humanities, White's account of the nature of community is not nearly as axiomatic to the law and literature movement as is Posner's depiction of the "individual" to legal economists. Nevertheless, White's conception is increasingly representative of the literary-legalist's world view. Furthermore, with the exception of …

Surrogate Parenting After Baby M: The Ball Moves To The Legislature’S Court, John R. Dunne, Gregory V. Serio

Touro Law Review

No abstract provided.

A Democratic Response To Foreign Political Offenses: The Need For Legislation To Counter Anti-Terrorism Excesses, Daniel H. Derby

Scholarly Works

No abstract provided.

Addendum: Civil Rights In Jeopardy, Eileen R. Kaufman, Martin A. Schwartz

Touro Law Review

No abstract provided.

Unborn Child: Can You Be Protected?, Heather M. White

University of Richmond Law Review

Continuing medical advancement in the area of prenatal care' raises the question of when, if ever, the state may intervene in the life of a pregnant woman to protect her unborn child from abuse and neglect. This issue, though troublesome, can no longer be ignored. Since the Supreme Court's decision in Roe v. Wade, giving the pregnant woman the constitutional right to decide whether or not to terminate her pregnancy, there has been abundant controversy over the allowance of state intervention to protect the human fetus. This controversy necessarily entails a discussion as to when and in what manner the …

Protecting Persons With Aids From Employment Discrimination, Erica Horn

Kentucky Law Journal

No abstract provided.

The Preiser Puzzle: Continued Frustrating Conflict Between The Civil Rights And Habeas Corpus Remedies For State Prisoners, Martin A. Schwartz

Scholarly Works

No abstract provided.

Addendum: Civil Rights In Jeopardy, Martin A. Schwartz, Eileen Kaufman

Scholarly Works

No abstract provided.

Enforcement Provisions Of The Civil Rights Act Of 1866: A Legislative History In Light Of Runyon V. Mccrary, The Review Essay And Comments: Reconstructing Reconstruction, Robert J. Kaczorowski

Faculty Scholarship

The purpose of this Comment is to examine the history of the enactment and early enforcement of the Civil Rights Act of 1866 from the perspective of the remedies Congress sought to provide to meet the problems that necessitated the legislation. Its main foci are the statute's enforcement provisions and their early implementation, an aspect of the history of the statute that has not been fully considered in relation to section one, the provision that has received the most scholarly attention. The occasion of this study is the Supreme Court's reconsideration of Runyon v. McCrary' in Patterson v. McLean Credit …

A Radical Intent, Michael A. Simons

Faculty Publications

(Excerpt)

Much of the recent debate regarding constitutional interpretation has focused on the relevance of the Framers' intent. Attorney General Edwin Meese III has urged judges to "resurrect the original meaning of constitutional provisions." In contrast, Justice William Brennan has argued that courts should adapt the Constitution to "cope with current problems and current needs." A key disagreement involves whether the Bill of Rights protects citizens against state as well as federal government abuses. Some scholars have called for a rollback of Supreme Court decisions that incorporate provisions of the Bill of Rights in the fourteenth amendment, arguing that these …

Gender Justice And Its Critics, Neal Devins

Faculty Publications

No abstract provided.

Judicial Vigilantism: Inherent Judicial Authority To Appoint Contempt Prosecutors In Young V. United States Ex Rei Vuitton Et Fils S.A., Neal Devins, Steven J. Mulroy

Faculty Publications

No abstract provided.

Civil Action No. 84-3040 Plaintiff's Request For Production Of Documents Relief Phase - Set I, United States District Court For The District Of Columbia

Ann B. Hopkins Papers

No abstract provided.

A Qualified Academic Freedom Privilege In Employment Litigation: Protecting Higher Education Or Shielding Discrimination?, Ayna J. Partain

Vanderbilt Law Review

Courts have long honored the fundamental principle that the right to full and fair litigation assumes the unobstructed availability of evidence.' When the divulgence of information in court threatens interests or relationships of sufficient social importance,however, courts have recognized a compelling justification for sacrificing the free flow of evidence and have created rules of privilege. Since 1972, when Congress extended Title VII of the Civil Rights Act of 19641 to academic institutions, colleges and universities increasingly have faced broad discovery requests for confidential personnel files by plaintiffs alleging that discriminatory factors such as sex, race, or age played an impermissible …

Department Of The Navy V. Egan, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.

No. 87-11667 Brief Amicus Curiae Of The Equal Employment Advisory Council In The Support Of The Petitioner, Supreme Court Of The United States

Ann B. Hopkins Papers

No abstract provided.