Law Commons^™

Let's Put Our Cards On The Table When It Comes To Israel, Alan E. Garfield

Alan E Garfield

Civil Rights And Related Decisions, Eileen Kaufman

Eileen Kaufman

No abstract provided.

In Lieu Of Preclusion: Reconciling Administrative Decisionmaking And Federal Civil Rights Claims, Marjorie A. Silver

Marjorie A. Silver

No abstract provided.

Civil Rights And Related Decisions, Eileen Kaufman

Eileen Kaufman

No abstract provided.

Inheriting Inequality: Wealth, Race, And The Laws Of Succession, Palma Joy Strand

palma joy strand

The article begins by documenting deep inequality in the form of Black-White wealth disparities: While the overall wealth distribution in the United States is highly unequal from both historical and international perspectives, racial wealth disparities are particularly acute, with median Black net worth approximately a tenth of median White net worth (as compared to median Black income that is approximately two-thirds of median White income). Next, the article ties the perpetuation of this inequality to current inheritance law. It then confronts this inequality as a civil rights issue in terms of its social effects, its historical causes, and legal avenues …

Inheriting Inequality: Wealth, Race, And The Laws Of Succession, Palma Joy Strand

palma joy strand

The article begins by documenting deep inequality in the form of Black-White wealth disparities: While the overall wealth distribution in the United States is highly unequal from both historical and international perspectives, racial wealth disparities are particularly acute, with median Black net worth approximately a tenth of median White net worth (as compared to median Black income that is approximately two-thirds of median White income). Next, the article ties the perpetuation of this inequality to current inheritance law. It then confronts this inequality as a civil rights issue in terms of its social effects, its historical causes, and legal avenues …

"Polyamory As A Sexual Orientation", Ann E. Tweedy

Ann E. Tweedy

This article examines the possibility of expanding the definition of “sexual orientation” in employment discrimination statutes to include other disfavored sexual preferences, specifically polyamory. It first looks at the fact that the current definition of “sexual orientation” is very narrow, being limited to orientations based on the sex of those to whom one is attracted, and explores some of the conceptual and functional problems with the current definition. Next the article looks at the possibility of adding polyamory to current statutory definitions of sexual orientation, examining whether polyamory is a sufficiently embedded identity to be considered a sexual orientation and …

Strategic Pragmatism Or Radical Idealism?: The Same-Sex Marriage And Civil Rights Movements Juxtaposed, Kathryn L. Marshall

Kathryn L Marshall

Within the debate over the most effective strategy for achieving social change, there remains a significant divide between those who argue in favor of pushing for immediate and full equality and those who favor a more incremental approach. Indeed, this debate is looming large over the current struggle to achieve same-sex marriage rights nationwide. In this Article, I suggest that the unique political and social landscape within which the same-sex marriage movement is unfolding has important implications for the way in which the struggle can most effectively proceed. To illuminate the importance of this individualized approach, I compare the same-sex …

The United States Are But One Country: A Short History Of Grammar And Liberty, Charles R. Gardner

Charles Gardner

This legal essay traces the conversion of “the United States” from a plural to a singular noun in United States Supreme Court decisions, in presidential proclamations and inaugural addresses, in diplomatic correspondence and in public discourse. It did not happen with a bang at the end of the Civil War, but with a whimper at the beginning of the twentieth century.

Today, at the beginning of the twenty-first, the singularity of humanity, for which that conflagration was allegedly fought, still eludes us. It is that latter singularity that inspires and organizes this essay.

Not until the digital age was it …

When Domestic Violence And Sex-Based Discrimination Collide: Civil Rights Approaches To Combating The Revictimization Of Domestic Violence Survivors, Erica R. Franklin

Erica R Franklin

Domestic violence victims encounter widespread discrimination in civil society, particularly in the arenas of police intervention, employment, and housing. This discrimination amounts to the revictimization of victims of domestic violence. Civil Rights protections, namely the Equal Protection Clause of the Fourteenth Amendment, Title VII of the Civil Rights Act of 1964, and the Fair Housing Act, have a major role to play in combating this discrimination. This Comment highlights the importance of civil rights approaches to domestic violence law and explores the potential for successful civil rights challenges in light of prevailing precedent and novel legal arguments. It argues that …

Cyber Civil Rights: Looking Forward, Danielle Keats Citron

Danielle Keats Citron

The Cyber Civil Rights conference raised many important questions about the practical and normative value of seeing online harassment as a discrimination problem. In these remarks, I highlight and address two important issues that must be tackled before moving forward with a cyber civil rights agenda. The first concerns the practical—whether we, in fact, have useful antidiscrimination tools at the state and federal level and, if not, how we might conceive of new ones. The second involves the normative—whether we should invoke technological solutions, such as traceability anonymity, as part of a cyber civil rights agenda given their potential risks.

Exploring A New Paradigm For Women's Rights, Rebecca Zietlow

Rebecca E Zietlow

Nearly forty years after the Supreme Court recognized gender as a suspect class under the Equal Protection Clause of the Fourteenth Amendment, and almost half a century after the 1964 Civil Rights Act guaranteed women the right to work free of sex discrimination, women still find found gender equality to be an elusive goal. The persistent gender gap in wages and the continued prevalence of domestic violence are two indications that the predominant model of equality law, based in the Equal Protection Clause, is simply not adequate to address women’s inequality in our society.

The book GENDER EQUALITY: DIMENSIONS OF …

Taxing Civil Rights Gains, Anthony C. Infanti

Anthony C. Infanti

In this article, I take a novel approach to the question of what constitutes a “tax.” I argue that the unique burdens imposed on same-sex couples by the federal and state “defense of marriage” acts (the DOMAs) constitute a tax on lesbian and gay families.

Classifying the DOMAs as a “tax” has important substantive and rhetorical consequences. As a tax, the DOMAs are subject to the same constitutional restrictions as other taxes. This opens them to challenge under the federal constitution’s direct tax clauses and the uniformity clauses present in many state constitutions. Where such constitutional challenges are unavailable or …

Of Dinosaurs And Birds: The Second Circuit’S “Forum Rule” As An Unwarranted Attack On Plaintiffs’ Employment Discrimination Class Action Attorneys’ Fee Petitions, Patrick F. Madden, Shanon J. Carson

Patrick F. Madden

No abstract provided.

Why Same-Sex Marriage Will Not Repeat The Errors Of No-Fault Divorce, Austin R. Caster

Austin R Caster

Because so many negative ramifications resulted from changing marriage laws through no-fault divorce legislation, it is understandable that those who rightfully feared no-fault divorce would also fear any additional changes to the definition of marriage. Those fears are unfounded as applied to same-sex marriage legislation, however, because the same consequences resulting from no-fault divorce do not apply to same-sex marriage. Whereas changing marriage exit rights through laws such as no-fault divorce legislation resulted in an increased divorced rate throughout the world, the opposite has happened in countries that have allowed same-sex marriage laws by changing marriage entrance rights. Society has …

Pearson, Iqbal, And Procedural Judicial Activism, Goutam U. Jois

Goutam U Jois

In its most recent term, the Supreme Court decided Pearson v. Callahan and Ashcroft v. Iqbal, two cases that, even at this early date, can safely be called “game-changers.” What is fairly well known is that Iqbal and Pearson, on their own terms, will hurt civil rights plaintiffs. A point that has not been explored is how the interaction between Iqbal and Pearson will also hurt civil rights plaintiffs. First, the cases threaten to catch plaintiffs on the horns of a dilemma: Iqbal says, in effect, that greater detail is required to get allegations past the motion to dismiss stage. …

From Nondiscrimination To Civil Marriage, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

As William Faulkner explained, we must be free not because we claim freedom, but because we practice it. This article analyzes the continuing constitutional struggle for civil rights on the basis of sexual orientation, concentrating on the constitution state's critique of its constitution. Connecticut is currently at the forefront of recognizing civil rights. Connecticut has ruled that discrimination against gay and lesbian persons is subject to intermediate scrutiny, which has historically been used to review laws that employ quasi-suspect classifications such as gender. Civil marriage for same sex couples is legal in Connecticut, Iowa, Maine, Massachusetts, New Hampshire and Vermont. …

Clear As Mud: How The Uncertain Precedential Status Of Unpublished Opinions Muddles Qualified Immunity Determinations, David R. Cleveland

David R. Cleveland

While unpublished opinions are now freely citeable under Federal Rule of Appellate Procedure 32.1, their precedential value remains uncertain. This ambiguity muddles the already unclear law surrounding qualified immunity and denies courts valuable precedents for making fair and consistent judgments on these critical civil rights issues. When faced with a claim that they have violated a person’s civil rights, government officials typically claim qualified immunity. The test is whether they have violated “clearly established law.” Unfortunately, the federal circuits differ on whether unpublished opinions may be used in determining clearly established law. This article, Clear as Mud: How the Uncertain …

Unreasonable Accommodation And Due Hardship, Mark C. Weber

Mark C. Weber

This Article analyzes authoritative sources concerning the Americans with Disabilities Act accommodation requirement and concludes: (1) Reasonable accommodation and undue hardship are two sides of the same coin. The statutory duty is accommodation up to the limit of hardship, and reasonable accommodation should not be a separate hurdle for claimants to surmount apart from the undue hardship defense. There is no such thing as “unreasonable accommodation” or “due hardship.” (2) The duty to accommodate is a substantial obligation, one that may be expensive to satisfy, and one that is not subject to a cost-benefits balance, but rather a cost-resources balance; …

Beyond The Binary: What Can Feminists Learn From Intersex And Transgender Jurisprudence?, Marybeth Herald

Marybeth Herald

This panel discussion focuses on recent developments in the intersex and transsexual communities. Recently, both movements have undergone profound changes and each has provided new and unique theoretical and practical perspectives that can potentially benefit other social justice groups. This dialogue describes these developments. It also emphasizes the importance of feminist, lesbian, gay, bisexual, transsexual and intersex activists becoming aware of the goals that they share and areas where their interests may diverge. As each of these movements develops their legal strategies, they need to be conscious of the potentially positive and negative ramifications that their approaches may have on …

Punishing Pregnant Drug-Using Women: Defying Law, Medicine, And Common Sense, Jeanne M. Flavin Phd, Lynn M. Paltrow Jd

Jeanne M Flavin

The arrests, detentions, prosecutions, and other legal actions taken against drug-dependent pregnant women distract attention from significant social problems, such as our lack of universal health care, the dearth of policies to support pregnant and parenting women, the absence of social supports for children, and the overall failure of the drug war. The attempts to “protect the fetus” undertaken through the criminal justice system (as well as in family and drug courts) actually undermine maternal and fetal health and discourage efforts to identify and implement effective strategies for addressing the needs of pregnant drug users and their families. In this …