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Full-Text Articles in Law
The Support-Or-Advocacy Clauses, Richard Primus, Cameron O. Kistler
The Support-Or-Advocacy Clauses, Richard Primus, Cameron O. Kistler
Fordham Law Review
Two little known clauses of a Reconstruction-era civil rights statute are potentially powerful weapons for litigators seeking to protect the integrity of federal elections. For the clauses to achieve their potential, however, the courts will need to settle correctly a contested question of statutory interpretation: do the clauses create substantive rights, or do they merely create remedies for substantive rights specified elsewhere? The correct answer is that the clauses create substantive rights.
Everyone’S A Little Bit Racist? Reconciling Implicit Bias And Title Vii, Christopher Cerullo
Everyone’S A Little Bit Racist? Reconciling Implicit Bias And Title Vii, Christopher Cerullo
Fordham Law Review
Since its enactment as part of the Civil Rights Act of 1964, Title VII’s main purpose has been to end all forms of employment discrimination. Through a flexible judicial interpretation of Title VII that reached newly discovered forms of discrimination, and through occasional intervention by Congress to update the statute, Title VII has been largely successful in reducing and remedying instances of overt discrimination in the workplace. However, more recently, social scientists have analyzed and applied the results of Harvard’s Implicit Association Test to recognize a new form of discrimination characterized by a subconscious decisionmaking process based on intuition and …
Foreward, Howard M. Erichson, Benjamin C. Zipursky
Foreward, Howard M. Erichson, Benjamin C. Zipursky
Fordham Law Review
No abstract provided.
Adequately Representing Groups, Elizabeth Chamblee Burch
Adequately Representing Groups, Elizabeth Chamblee Burch
Fordham Law Review
No abstract provided.
The Lawyer's Role In A Contemporary Democracy, Promoting Social Change And Political Values, Debunking The Myth Of Civil Rights Liberalism: Visions Of Racial Justice In The Thought Of T. Thomas Fortune, 1880-1890, Susan D. Carle
Fordham Law Review
No abstract provided.
Trying Cases Related To Allegations Of Terrorism: Judges' Roundtable, Hon. Marcia G. Cooke, Hon. Gerald Ellis Rosen, Hon. Leonard Burke Sand, Hon. Shira A. Scheindlin
Trying Cases Related To Allegations Of Terrorism: Judges' Roundtable, Hon. Marcia G. Cooke, Hon. Gerald Ellis Rosen, Hon. Leonard Burke Sand, Hon. Shira A. Scheindlin
Fordham Law Review
No abstract provided.
Proposing A Uniform Remedial Approach For Undocumented Workers Under Federal Employment Discrimination Law, Craig Robert Senn
Proposing A Uniform Remedial Approach For Undocumented Workers Under Federal Employment Discrimination Law, Craig Robert Senn
Fordham Law Review
Given the recent influxes of undocumented workers who have entered the United States in order to obtain employment, the issue of their remedial rights under federal employment discrimination law has become highly significant. Under Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and/or the Age Discrimination in Employment Act (ADEA), these remedies could include back pay, front pay (in lieu of reinstatement), compensatory damages, punitive damages, liquidated damages, and/or reasonable attorneys’ fees, as applicable. At present, there is no uniform judicial approach for determining the monetary remedial rights of the millions of undocumented workers under …
Revisiting The Legal Standards That Govern Requests To Sterilize Profoundly Incompetent Children: In Light Of The "Ashley Treatment," Is A New Standard Appropriate?, Christine Ryan
Fordham Law Review
This Note discusses the recent controversy surrounding a six-year-old girl named Ashley, whose parents chose to purposefully stunt her growth and remove her reproductive organs for nonmedical reasons. A federal investigation determined that Ashley’s rights had been violated because doctors performed the procedure, now referred to as the “Ashley Treatment,” without first obtaining a court order. However, the investigation did not make any conclusions regarding whether the “Ashley Treatment” could present a legally permissible treatment option in the future. After discussing the constitutional rights that the “Ashley Treatment” implicates and the current legal standards in place, this Note examines how …
White Cartels, The Civil Rights Act Of 1866, And The History Of Jones V. Alfred H. Mayer Co., Darrell A. H. Miller
White Cartels, The Civil Rights Act Of 1866, And The History Of Jones V. Alfred H. Mayer Co., Darrell A. H. Miller
Fordham Law Review
In 2008, Jones v. Alfred H. Mayer Co. turned forty. In Jones, the U.S. Supreme Court held for the first time that Congress can use its enforcement power under the Thirteenth Amendment, which abolished slavery, to prohibit private racial discrimination in the sale of property. Jones temporarily awoke the Thirteenth Amendment and its enforcement legislation—the Civil Rights Act of 1866—from a century-long slumber. Moreover, it recognized an economic reality: racial discrimination by private actors can be as debilitating as racial discrimination by public actors. In doing so, Jones veered away from three decades of civil rights doctrine—a doctrine that had …
Class Actions And The Interpretation Of Monetary Damages Under Federal Rule Of Civil Procedure 23(B)(2), Natasha Dasani
Class Actions And The Interpretation Of Monetary Damages Under Federal Rule Of Civil Procedure 23(B)(2), Natasha Dasani
Fordham Law Review
No abstract provided.
Five Lessons For Practicing Law In The Interests Of Justice, Fred C. Zacharias
Five Lessons For Practicing Law In The Interests Of Justice, Fred C. Zacharias
Fordham Law Review
No abstract provided.
Collective Representation For The Disadvantaged: Variations In Problems Of Accountability, Ann Southworth
Collective Representation For The Disadvantaged: Variations In Problems Of Accountability, Ann Southworth
Fordham Law Review
No abstract provided.
"Nice Work If You Can Get It": "Ethical" Jury Selection In Criminal Defense, Abbe Smith
"Nice Work If You Can Get It": "Ethical" Jury Selection In Criminal Defense, Abbe Smith
Fordham Law Review
No abstract provided.
A Requiem For Blockbusting: Law, Economics, And Race-Based Real Estate Speculation, Dmitri Mehlhorn
A Requiem For Blockbusting: Law, Economics, And Race-Based Real Estate Speculation, Dmitri Mehlhorn
Fordham Law Review
No abstract provided.
The Evolution And Implementation Of Minority Rights, David Wippman
The Evolution And Implementation Of Minority Rights, David Wippman
Fordham Law Review
No abstract provided.
Asia's Activists And The Future Of Human Rights, Dinah Pokempner
Asia's Activists And The Future Of Human Rights, Dinah Pokempner
Fordham Law Review
No abstract provided.
Intersectionality And Positionality: Situating Women On Color In The Affirmative Action Dialogue, Laura M. Padilla
Intersectionality And Positionality: Situating Women On Color In The Affirmative Action Dialogue, Laura M. Padilla
Fordham Law Review
No abstract provided.
Thomas Jefferson, Equality, And The Creation Of A Civil Society, Gordon S. Wood
Thomas Jefferson, Equality, And The Creation Of A Civil Society, Gordon S. Wood
Fordham Law Review
No abstract provided.
Political Reality Testing: 1993, Derrick Bell
Political Reality Testing: 1993, Derrick Bell
Fordham Law Review
No abstract provided.
Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, The Historical Setting Of Brown And Its Impact On The Supreme Court's Decision, Constance Baker Motley
Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, The Historical Setting Of Brown And Its Impact On The Supreme Court's Decision, Constance Baker Motley
Fordham Law Review
Judge Motley provides an insightful overview of the Brown v. Board of Education decision in an historical context In addition to analyzing several Supreme Court decisions that preceded Brown, Judge Motley focuses on the role of Thurgood Marshall as both a strategist and tactician during this dynamic period in our history. Judge Motley concludes by examining the immediate impact of Brown on the civil rights movement in America.
Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, Public Law Litigation And The Ambiguties Of Brown, Mark Tushnet
Fordham Law Review
Professor Tushnet posits that the Supreme Court's concern for gradually carrying out desegregation in the public schools ironically gave rise to "'public law litigation"---an aggressive form ofjudicial review. Specifically. Professor Tushnet argues that the "all deliberate speed" standard, which separated the right from the remedy, enabled the courts to become a more powerful institution in shaping social policy. Throughout his speech, Professor Tushnet provides insight into the thought processes of the Supreme Court justices at the time of the Brown decision.
Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, The Other Desegregation Story: Eradicating The Dual School System In Hillborough County, Florida, Drew S. Days, Iii
Fordham Law Review
Professor Days describes the successful desegregation of the Hillsborough County, Florida school system. The Hillsborough case was originally filed by Thurgood Marshall and Constance Baker Motley and exemplifies the optimal outcome of Brown.
Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, The Overthrow Of Monroe V. Pape: A Chapter In The Legacy Of Thurgood Marshall, Conrad K. Harper
Fordham Law Review
As the first Director-Counsel of the NAACP Legal Defense and Education Fund, otherwise known as the "Inc. Fund," Thurgood Marshall helped establish the Inc Fund's tradition of landmark civil rights litigation. Mr. Harper discusses in this article the role played by the Inc Fund and Justice Marshall in overthrowing Monroe v. Pape and its curtailment of civil rights suits against municipalities. The instrument for change was Harkdess v. Sweeny Independent School District, a suit filed on behalf of seventeen Black schoolteachers who were discriminatorily fired by a Texas school district.
Derrick Bell's Radical Realism, Tracy E. Higgins
Derrick Bell's Radical Realism, Tracy E. Higgins
Fordham Law Review
No abstract provided.
Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, The Limitless Horizons Of Brown V. Board Of Education, Louis H. Pollack
Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, The Limitless Horizons Of Brown V. Board Of Education, Louis H. Pollack
Fordham Law Review
Judge Pollak discusses the impact of Brown on Supreme Court jurisprudence. He begins by recounting Morgan v. Virginia--a significant Supreme Court decision that foreshadowed the holding of Brown. The remainder of Judge Pollak's speech highlights Brown's impact on, inter alia, First Amendment jurisprudence and international law.
Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, Introductory Remarks, William Michael Treanor
Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, Introductory Remarks, William Michael Treanor
Fordham Law Review
No abstract provided.
Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, Panel I, Concluding Remarks, Paul R. Dimond
Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, Panel I, Concluding Remarks, Paul R. Dimond
Fordham Law Review
No abstract provided.
Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, Missouri V. Jenkins: Are We Really A Desgregated Society?, Theodore M. Shaw
Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, Missouri V. Jenkins: Are We Really A Desgregated Society?, Theodore M. Shaw
Fordham Law Review
The Brown decision bucked a centuries-old tradition of discrimination in America, but that tradition has not been easily overcome. Professor Shaw discusses Missouri v. Jenkins and questions whether society has really changed in its attitude towards segregated schools.
Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, Learning Together: Justice Marshall's Desegregation Opinions, Maria L. Marcus
Fordham Law Review
In this Article, Professor Marcus examines the influence of Justice Thurgood Marshall on the Supreme Court's current school desegregation agenda. Justice Marshall was part of the majority in desegregation cases during his earlier years on the high Court subsequently, however, his role became one of dissenter. Professor Marcus analyzes the divisive issues facing the Court in desegregation litigation, Marshall's positions on such issues, and his legacy to the Court in this area. Finally, the Article assesses the vitality of this legacy in light of two Supreme Court decisions issued after Justice Marshall's retirement.
Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, Panel Ii, Concluding Remarks, Paul R. Dimond
Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, Panel Ii, Concluding Remarks, Paul R. Dimond
Fordham Law Review
No abstract provided.