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Articles 1 - 29 of 29
Full-Text Articles in Law
Radical Visions For The Law Of Peace: How W.E.B. Du Bois And The Black Antiwar Movement Reimagined Civil Rights And The Laws Of War And Peace, Andrew J. Lanham
Radical Visions For The Law Of Peace: How W.E.B. Du Bois And The Black Antiwar Movement Reimagined Civil Rights And The Laws Of War And Peace, Andrew J. Lanham
Washington Law Review
This Article reconstructs the history of Black antiwar activism in the twentieth-century United States and argues that Black antiwar activists played a significant but largely forgotten role in the development of both modern civil rights law and the international law of war and peace. The Article focuses on the career of W.E.B. Du Bois, tracing how he built coalitions between civil rights and antiwar organizations to pursue a series of shared legal campaigns. Du Bois’s antiwar work was also representative of a larger tradition, and his career illuminates how a range of Black activists and civil rights lawyers like Pauli …
Racial Disparities In South Carolina's Juvenile Justice System: Why They Exist And How They Can Be Reduced, Grace E. Driggers
Racial Disparities In South Carolina's Juvenile Justice System: Why They Exist And How They Can Be Reduced, Grace E. Driggers
South Carolina Law Review
No abstract provided.
Reclaiming Equality: How Regressive Laws Can Advance Progressive Ends, Jonathan P. Feingold
Reclaiming Equality: How Regressive Laws Can Advance Progressive Ends, Jonathan P. Feingold
South Carolina Law Review
No abstract provided.
Shareholder Meetings And Freedom Rides: The Story Of Peck V. Greyhound, Harwell Wells
Shareholder Meetings And Freedom Rides: The Story Of Peck V. Greyhound, Harwell Wells
Seattle University Law Review
In 1947, civil rights pioneers James Peck and Bayard Rustin, members of the radical religious group, the Fellowship of Reconciliation, and its offshoot, the Congress of Racial Equality (CORE), prepared to embark on the Journey of Reconciliation, an interracial protest against segregated busing in the American South. But first, they did something else radical: they bought shares in a corporation. A year later, after their travels in the South had led to terror, death threats, beatings, and in Rustin’s case, a term on a chain gang, they brought their civil rights activism to a new site of protest—the shareholder meeting …
Designing The Legal Architecture To Protect Education As A Civil Right, Kimberly J. Robinson
Designing The Legal Architecture To Protect Education As A Civil Right, Kimberly J. Robinson
Indiana Law Journal
Although education has always existed at the epicenter of the battle for civil rights, federal and state law and policy fail to protect education as a civil right. This collective failure harms a wide array of our national interests, including our foundational interests in an educated democracy and a productive workforce. This Article proposes innovative reforms to both federal and state law and policy that would protect education as a civil right. It also explains why the U.S. approach to education federalism will require legal reforms by both levels of government to protect education as a civil right.
Theorizing Racial Microaffirmations As A Response To Racial Microaggressions: Counterstories Across Three Generations Of Critical Race Scholars, Daniel Solórzano, Lindsay Pérez Huber, Layla Huber-Verjan
Theorizing Racial Microaffirmations As A Response To Racial Microaggressions: Counterstories Across Three Generations Of Critical Race Scholars, Daniel Solórzano, Lindsay Pérez Huber, Layla Huber-Verjan
Seattle Journal for Social Justice
No abstract provided.
Internet Architecture And Disability, Blake Reid
Internet Architecture And Disability, Blake Reid
Indiana Law Journal
The Internet is essential for education, employment, information, and cultural and democratic participation. For tens of millions of people with disabilities in the United States, barriers to accessing the Internet—including the visual presentation of information to people who are blind or visually impaired, the aural presentation of information to people who are deaf or hard of hearing, and the persistence of Internet technology, interfaces, and content without regard to prohibitive cognitive load for people with cognitive and intellectual disabilities—collectively pose one of the most significant civil rights issues of the information age. Yet disability law lacks a comprehensive theoretical approach …
Creative Lawyering For Social Change, Raymond H. Brescia
Creative Lawyering For Social Change, Raymond H. Brescia
Georgia State University Law Review
Lawyers have long played an integral part in efforts to bring about social change. With an increasing desire to see change in the world, regardless of one’s political perspective, there is a growing interest in understanding the role that lawyers can play in bringing about such change. This type of lawyering is complex, however, and faces far more challenges than those the traditional lawyer faces in his or her work. Although all lawyers solve problems on behalf of their clients, the role of the social-change lawyer is more complex because the problems she seeks to address are more complex, mostly …
“Who Is A Latcrit?”: Jerome Culp And Angela Harris Provide Answers And Ways Of Being, Margaret Montoya
“Who Is A Latcrit?”: Jerome Culp And Angela Harris Provide Answers And Ways Of Being, Margaret Montoya
Seattle Journal for Social Justice
No abstract provided.
The Pre-Furman Juvenile Death Penalty In South Carolina: Young Black Life Was Cheap, Sheri Lynn Johnson, John H. Blume, Hannah L. Freedman
The Pre-Furman Juvenile Death Penalty In South Carolina: Young Black Life Was Cheap, Sheri Lynn Johnson, John H. Blume, Hannah L. Freedman
South Carolina Law Review
No abstract provided.
Is The United States Judicial System Failing Transgender Women? A Critical Overview, Taylor J. House
Is The United States Judicial System Failing Transgender Women? A Critical Overview, Taylor J. House
Florida A & M University Law Review
This paper will discuss the rise of the transgender civil rights movement, the problems in the judicial system, and the rights that should be afforded to transgender women. In part one, I will address the LGBTQA civil rights movement led by transgender women. In part two, I will address the transphobia in the prison system. In part three, I will address the lack of visibility of black transgender issues in the current black civil rights movement. In the fourth part, I will address whether there should be certain fundamental rights given to transgender women. In the fifth part of this …
Half-Baked: The Demand By For-Profit Businesses For Religious Exemptions From Selling To Same-Sex Couples, James M. Donovan
Half-Baked: The Demand By For-Profit Businesses For Religious Exemptions From Selling To Same-Sex Couples, James M. Donovan
Loyola of Los Angeles Law Review
Should bakers be required to make cakes for same-sex weddings? This Article unravels the eclectic arguments that are offered in support of a religious exemption from serving gay customers in the wake of Obergefell.
Preliminary issues first consider invocations of a libertarian right to exclude. Rather than being part of our concept of liberty, this right to exclude from commercial premises is a new rule devised to prevent African Americans from participating in free society. Instead of expanding this racist rule to likewise bar gays from the marketplace, it should be reset to the antebellum standard of free access …
Reverend Fred Shuttlesworth And Nicholas Kristof: 2013 Recipients, Priya Walia
Reverend Fred Shuttlesworth And Nicholas Kristof: 2013 Recipients, Priya Walia
Freedom Center Journal
The National Underground Railroad Freedom Center proudly presented the 2013 recipients the International Freedom Conductor Award to Reverend Fred Shuttlesworth and Nicholas Kristof. Rev. Shuttlesworth was known as the courageous, charismatic, blunt preacher who vowed to "kill segregation or be killed by it." After his successes with racial desegregation, Shuttlesworth spent the rest of his life fighting for equality for impoverished people. Two-time Pulitzer Prize winning journalist, Nicholas Kristof changed the course of social justice philanthropy through his work. Through individual personal narratives, Kristof compels the audience to delve further into seemingly remote global issues and inspires the American public …
Qualified Immunity For “Private” § 1983 Defendants After Filarsky V. Delia, Andrew W. Weis
Qualified Immunity For “Private” § 1983 Defendants After Filarsky V. Delia, Andrew W. Weis
Georgia State University Law Review
In 2012, the Supreme Court addressed private party qualified immunity in the case of Filarsky v. Delia. There, the Court found that both the historical and policy bases for immunity under § 1983 supported extending qualified immunity to outside counsel retained by a municipality. The Court noted that full-time government employees can always seek qualified immunity, so not extending it to individuals employed on some other basis would create “significant line-drawing problems . . . [which could] deprive state actors of the ability to ‘reasonably anticipate when their conduct may give rise to liability . . . .’”
This …
In Memory Of Professor Derrick Bell, Bell Symposium
In Memory Of Professor Derrick Bell, Bell Symposium
Seattle University Law Review
Derrick Bell—law teacher, mentor, scholar, activist, author, loving husband and father—larger than the sum of his many parts. The articles in this symposium are fitting tributes to his legacy and valuable contributions to Derrick’s memory.
Harmless Amusement Or Sexual Harassment: The Reasonableness Of The Reasonable Woman Standard, Penny L. Cigoy
Harmless Amusement Or Sexual Harassment: The Reasonableness Of The Reasonable Woman Standard, Penny L. Cigoy
Pepperdine Law Review
No abstract provided.
The Private Club Exemption From Civil Rights Legislation - Sanctioned Discrimination Or Justified Protection Of Right To Associate, Margaret E. Koppen
The Private Club Exemption From Civil Rights Legislation - Sanctioned Discrimination Or Justified Protection Of Right To Associate, Margaret E. Koppen
Pepperdine Law Review
No abstract provided.
Eradicating Sex Discrimination In Education: Extending Disparate-Impact Analysis To Title Ix Litigation, James S. Wrona
Eradicating Sex Discrimination In Education: Extending Disparate-Impact Analysis To Title Ix Litigation, James S. Wrona
Pepperdine Law Review
No abstract provided.
"A Land Of Strangers": Communitarianism And The Rejuvenation Of Intermediate Associations, Derek E. Brown
"A Land Of Strangers": Communitarianism And The Rejuvenation Of Intermediate Associations, Derek E. Brown
Pepperdine Law Review
No abstract provided.
Substance And Method In The Year 2000, Akhil Reed Amar
Substance And Method In The Year 2000, Akhil Reed Amar
Pepperdine Law Review
No abstract provided.
Rebellious Lawyering, Settlement, And Reconciliation: Soko Bukai V. Ywca, Bill Ong Hing
Rebellious Lawyering, Settlement, And Reconciliation: Soko Bukai V. Ywca, Bill Ong Hing
Nevada Law Journal
No abstract provided.
The Mississippi Of The West?, Michael S. Green
The Mississippi Of The West?, Michael S. Green
Nevada Law Journal
No abstract provided.
"Justice Is Slow But Sure": The Civil Rights Movement In The West: 1950-1970, Quintard Taylor
"Justice Is Slow But Sure": The Civil Rights Movement In The West: 1950-1970, Quintard Taylor
Nevada Law Journal
No abstract provided.
Foreword: Pursuing Equal Justice In The West, Lynne Henderson
Foreword: Pursuing Equal Justice In The West, Lynne Henderson
Nevada Law Journal
No abstract provided.
Citizenship And Suffrage: The Native American Struggle For Civil Rights In The American West, 1830-1965, Willard Hughes Rollings
Citizenship And Suffrage: The Native American Struggle For Civil Rights In The American West, 1830-1965, Willard Hughes Rollings
Nevada Law Journal
No abstract provided.
A Curious Document Recently Discovered In The Archives, Peter Tillers
A Curious Document Recently Discovered In The Archives, Peter Tillers
Cardozo Law Review
The document reproduced below, which appears to be a letter written by Peter Pilgrim to "Lash, " was recently discovered in the archives of the library of the Benjamin N. Cardozo School of Law. Peter Pilgrim is the late Doctor of Facts at Cardozo. "Lash" is probably L.H. LaRue, Story Professor of Law at Washli University. Professor LaRue is also known as the Delphic Oracle of Lex, possibly because no one knows for sure what the letters "L.H." represent. The annotations to the text of the putative letter appear to be a mixture of notes by its author and comments …
42 U.S.C. 1981 Does Not Provide A Remedy For Racial Harassment During Employment., Jeffrey A. Lacy
42 U.S.C. 1981 Does Not Provide A Remedy For Racial Harassment During Employment., Jeffrey A. Lacy
St. Mary's Law Journal
In Patterson v. McLean Credit Union, the United States Supreme Court held 42 U.S.C. § 1981 does not provide a remedy for racial harassment during employment. In 1976, in Runyon v. McCrary, the Court expanded the scope of § 1981 to cover private discrimination in contractual settings, including racial discrimination in private schools, when previously unavailable. More than a decade after the Runyon decision, the Supreme Court in Patterson, established that there were limits to § 1981’s applicability in private racial discrimination claims. Specifically, the Court held while § 1981 prohibits discriminatory conduct while entering into or enforcing a contract, …
De Facto Public School Segregation, Will Maslow
De Facto Public School Segregation, Will Maslow
Villanova Law Review
No abstract provided.
Social Science Testimony In The Desegregation Cases - A Reply To Professor Kenneth Clark, Ernest Van Den Haag
Social Science Testimony In The Desegregation Cases - A Reply To Professor Kenneth Clark, Ernest Van Den Haag
Villanova Law Review
No abstract provided.