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2016

Civil rights

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Full-Text Articles in Law

Newsroom: Gift Supports Diversity Programming 12-15-2016, Roger Williams University School Of Law Dec 2016

Newsroom: Gift Supports Diversity Programming 12-15-2016, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


A "Notorious Litigant" And "Frequenter Of Jails": Martin Luther King, Jr., His Lawyers, And The Legal System, Leonard S. Rubinowitz, Michelle Shaw, Michal Crowder Nov 2016

A "Notorious Litigant" And "Frequenter Of Jails": Martin Luther King, Jr., His Lawyers, And The Legal System, Leonard S. Rubinowitz, Michelle Shaw, Michal Crowder

Northwestern Journal of Law & Social Policy

No abstract provided.


Democracy's Handmaid, Robert L. Tsai Nov 2016

Democracy's Handmaid, Robert L. Tsai

Robert L Tsai

Democratic theory presupposes open channels of dialogue, but focuses almost exclusively on matters of institutional design writ large. The philosophy of language explicates linguistic infrastructure, but often avoids exploring the political significance of its findings. In this Article, Tsai draws from the two disciplines to reach new insights about the democracy enhancing qualities of popular constitutional language. Employing examples from the founding era, the struggle for black civil rights, the religious awakening of the last two decades, and the search for gay equality, he presents a model of constitutional dialogue that emphasizes common modalities and mobilized vernacular. According to this …


Just, Smart: Civil Rights Protections And Market-Sensitive Vacant Property Strategies, James J. Kelly Jr. Oct 2016

Just, Smart: Civil Rights Protections And Market-Sensitive Vacant Property Strategies, James J. Kelly Jr.

James J. Kelly Jr.

This essay, prepared for and published by the Center for Community Progress, a national, non-profit intermediary dedicated to developing effective, sustainable solutions to turn vacant, abandoned and problem properties into vibrant places, examines the legal and normative implications of local governments' use of neighborhood real estate market data to strategically focus vacant property remediation tools. I and other writers, such as Frank Alexander, Alan Mallach and Joseph Schilling, have argued for the importance of understanding the economic feasibility of market-based rehabilitation of derelict, vacant houses in making decisions as to how and when to use a variety of code enforcement, …


Justice For Rodney King, Scott C. Burrell, Alan R. Dial, Thomas W. Mitchell Sep 2016

Justice For Rodney King, Scott C. Burrell, Alan R. Dial, Thomas W. Mitchell

Thomas W. Mitchell

May 1992 letter from three Howard University School of Law students to President George H.W. Bush advocating that the United States Department of Justice invoke the Petite Policy to initiate a criminal action against the Los Angeles Police Department police officers responsible for brutally beating Rodney King despite the fact that these offers had been acquitted in a California state court. The letter, which was read in front of the White House by Thomas Mitchell to hundreds of people who had gathered to urge the federal government to take action, sets forth a clear legal basis to permit the Justice …


Black Boys Matter: Developmental Equality, Nancy E. Dowd Sep 2016

Black Boys Matter: Developmental Equality, Nancy E. Dowd

Hofstra Law Review

The life course of Black boys is a stark reminder of the realities of inequality. While recent attention to policing and high profile deaths of Black youth and adults has raised consciousness of life-threatening situations, this focus exposes the most visceral and deadly aspect of a much larger set of issues. Those issues begin at birth, and are powerfully framed before adulthood, creating inequality particularly when the individual is most vulnerable, in childhood. This Article confronts the inequalities of Black boys and their subordination, as a vehicle to expose inequalities more generally based on children’s identities. The life course of …


Internal Dispute Resolution: The Transformation Of Civil Rights In The Workplace, John M. Lande, Lauren B. Edelman, Howard S. Erlanger Aug 2016

Internal Dispute Resolution: The Transformation Of Civil Rights In The Workplace, John M. Lande, Lauren B. Edelman, Howard S. Erlanger

Lauren Edelman

Many employers create internal procedures for the resolution of discrimination complaints. We examine internal complaint handlers' conceptions of civil rights law and the implications of those conceptions for their approach to dispute resolution. Drawing on interview data, we find that complaint handlers tend to subsume legal rights under managerial interests. They construct civil rights law as a diffuse standard of fairness, consistent with general norms of good management. Although they seek to resolve complaints to restore smooth employment relations, they tend to recast discrimination claims as typical managerial problems. While the assimilation of law into the management realm may extend …


Same Sex Marriage In A Post-Perry And Windsor America, Kathryn L. Moore, Allison I. Connelly, Ross T. Ewing Jul 2016

Same Sex Marriage In A Post-Perry And Windsor America, Kathryn L. Moore, Allison I. Connelly, Ross T. Ewing

Allison Connelly

These materials accompanied a presentation at the 2014 Kentucky Bar Association Annual Convention entitled Same Sex Marriage in a Post-Perry and Windsor America. The focus of this presentation was on: the legal landscape following major LGBTQ civil rights cases; how these cases would impact families in Kentucky; and any employment or retirement issues.


The Sons Of Indiana: Kappa Alpha Psi Fraternity And The Fight For Civil Rights, Gregory S. Parks, Wendy Marie Laybourn Jul 2016

The Sons Of Indiana: Kappa Alpha Psi Fraternity And The Fight For Civil Rights, Gregory S. Parks, Wendy Marie Laybourn

Indiana Law Journal

The common narrative about African Americans’ quest for social justice and civil rights during the twentieth century consists, largely, of men and women working through organizations to bring about change. The typical list of organizations includes, inter alia, the National Association for the Advancement of Colored People, the National Urban League, the Southern Christian Leadership Conference, and the Student Nonviolent Coordinating Committee. What are almost never included in this list are African American collegiate-based fraternities. However, at the turn of the twentieth century, a small group of organizations emerged founded on personal excellence, the development and sustainment of fictive-kinship ties, …


Sangar & Nasira, Sangar, Nasira, Tsos Jul 2016

Sangar & Nasira, Sangar, Nasira, Tsos

TSOS Interview Gallery

Sangar and his family are from Iran but are originally Turkish. In Iran they faced a psychological war and many problems that stemmed from discrimination. He points out how many are oppressed or discriminated against, but he and his family were singled out for their ethnicity. There was no hope for a bright future, and they decided to flee the country for the benefit of their children.

They fled to Greece through Turkey and had many issues with human traffickers, robbery, a treacherous journey across the sea, and problems in Moria refugee camp where his wife couldn’t get the care …


Equal Protection For People With Disabilities, Robert L. Hayman, Daniel G. Atkins Jun 2016

Equal Protection For People With Disabilities, Robert L. Hayman, Daniel G. Atkins

Robert L. Hayman

No abstract provided.


Private Prisons And The New Marketplace For Crime, André Douglas Pond Cummings, Adam Lamparello Jun 2016

Private Prisons And The New Marketplace For Crime, André Douglas Pond Cummings, Adam Lamparello

Faculty Scholarship

A saner and safer prison policy in the United States begins by ending the scourge of the private prison corporation and returning crime and punishment to public function. We continue by radically reimagining our sentencing policies and reducing them significantly for non-violent crimes. We end the War on Drugs, once and for all, and completely reconfigure our drug and prison policy by legalizing and regulating marijuana use and providing health services to addicts of harder drugs and using prison for only violent drug kingpins and cartel bosses. We stop the current criminalization of immigration in its tracks and block the …


Newsroom: Rwu Law Celebrates Commencement 2016 5-13-16, Roger Williams University School Of Law May 2016

Newsroom: Rwu Law Celebrates Commencement 2016 5-13-16, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


History And Analysis Of The Fayetteville, Arkansas Human Civil Rights Ordinance, Michaela E. Pecoraro May 2016

History And Analysis Of The Fayetteville, Arkansas Human Civil Rights Ordinance, Michaela E. Pecoraro

Accounting Undergraduate Honors Theses

This study is a thorough documentation of the introduction and development of civil rights legislation in the City of Fayetteville, Arkansas. Specifically, the study details local and state-wide civil rights legislation that offers civil right protections to the Lesbian, Gay, Bisexual and Transsexual (LGBT) community and the discrimination that they face. The state’s progression towards a more LGBT inclusive society began with local municipalities drafting ordinances protecting citizens from discrimination based on sexual orientation and gender identity; this study focuses on Fayetteville’s and the legislative process that followed. The discussion of LGBT civil rights is a sensitive and controversial matter, …


Dissident Citizen, The Symposium: Sexuality & Gender Law: Assessing The Field, Envisioning The Future, Sonia K. Katyal Apr 2016

Dissident Citizen, The Symposium: Sexuality & Gender Law: Assessing The Field, Envisioning The Future, Sonia K. Katyal

Sonia Katyal

We have arrived at a crossroads in terms of the intersection between law, sexuality, and globalization. Historically, and even today, the majority of accounts of GLBT migration tend to remain focused on “a narrative of movement from repression to freedom, or a heroic journey undertaken in search of liberation.” Within this narrative, the United States is usually cast as a land of opportunity and liberation, a place that represents freedom from discrimination and economic opportunity. But this narrative also elides the complexity that erupts from grappling with the reality that many other jurisdictions outside of the United States can be …


Police Misconduct - A Plaintiff's Point Of View, Part Ii, John Williams Apr 2016

Police Misconduct - A Plaintiff's Point Of View, Part Ii, John Williams

Touro Law Review

No abstract provided.


Police Misconduct - A Plaintiff's Point Of View, Fred Brewington Apr 2016

Police Misconduct - A Plaintiff's Point Of View, Fred Brewington

Touro Law Review

No abstract provided.


Criminal Prosecution And Section 1983, Barry C. Scheck Apr 2016

Criminal Prosecution And Section 1983, Barry C. Scheck

Touro Law Review

No abstract provided.


Section 1983 Custom Claims And The Code Of Silence, Myriam Gilles Apr 2016

Section 1983 Custom Claims And The Code Of Silence, Myriam Gilles

Touro Law Review

No abstract provided.


Dialogue On State Action, Martin A. Schwartz, Erwin Chemerinsky Apr 2016

Dialogue On State Action, Martin A. Schwartz, Erwin Chemerinsky

Touro Law Review

No abstract provided.


Eleventh Amendment Federalism And State Sovereign Immunity Cases: Direct Effect On Section 1983?, Stephen H. Steinglass Apr 2016

Eleventh Amendment Federalism And State Sovereign Immunity Cases: Direct Effect On Section 1983?, Stephen H. Steinglass

Touro Law Review

No abstract provided.


Constitutional Law—Fourth Amendment And Seizures— Accidental Seizures By Deadly Force: Who Is Seized During A Police Shootout? Plumhoff V. Rickard, 134 S. Ct. 2012 (2014)., Adam D. Franks Apr 2016

Constitutional Law—Fourth Amendment And Seizures— Accidental Seizures By Deadly Force: Who Is Seized During A Police Shootout? Plumhoff V. Rickard, 134 S. Ct. 2012 (2014)., Adam D. Franks

University of Arkansas at Little Rock Law Review

No abstract provided.


Human Rights Recommendations To The United States: A Desk Reference For State And Local Human Rights Agencies, Human Rights Institute Apr 2016

Human Rights Recommendations To The United States: A Desk Reference For State And Local Human Rights Agencies, Human Rights Institute

Human Rights Institute

State and local human rights and human relations agencies play a pivotal role in promoting and protecting human rights across the country. Indeed, state and local agencies work on a daily basis to foster equality and eradicate discrimination. Through education, monitoring, and addressing human rights issues, they ensure the ability of the United States to make human rights a reality in local communities.

To assist state and local agencies in doing this work, this resource distills the core human rights principles that fall under the jurisdiction of many state and local agencies, and offers guidance to strengthen the culture of …


What Is (And Isn't) Healthism, Jessica L. Roberts, Elizabeth Weeks Leonard Apr 2016

What Is (And Isn't) Healthism, Jessica L. Roberts, Elizabeth Weeks Leonard

Scholarly Works

What does it mean to discriminate on the basis of health status? Health is, of course, relevant in a number of ways. It can speak to the length of our lives, our ability to perform mentally and physically, our need for health care, and our risk of injury and incapacity. But the mere relevance of a particular attribute does mean that considering it should be legally permissible. Moreover, the potential harms that may result from health-status discrimination raise important moral questions. This Essay explores when differentiating on the basis of health is socially acceptable and, by contrast, when it is …


Strategic Evidence Issues In Equal Employment Litigation, Marc Rosenblum Mar 2016

Strategic Evidence Issues In Equal Employment Litigation, Marc Rosenblum

Touro Law Review

No abstract provided.


Unconstitutional Strip Search Policies: Redressibility's State Of Undress After City Of Los Angeles V. Lyons, Nancy Hark Mar 2016

Unconstitutional Strip Search Policies: Redressibility's State Of Undress After City Of Los Angeles V. Lyons, Nancy Hark

Touro Law Review

No abstract provided.


Fundamentals Of Section 1983 Litigation, Martin A. Schwartz Mar 2016

Fundamentals Of Section 1983 Litigation, Martin A. Schwartz

Touro Law Review

No abstract provided.


Discrimination Cases In The 2000 Term, Eileen Kaufman Mar 2016

Discrimination Cases In The 2000 Term, Eileen Kaufman

Touro Law Review

No abstract provided.


God Almighty Hisself: The Life And Legacy Of Dick Allen, Mitchell J. Nathanson Mar 2016

God Almighty Hisself: The Life And Legacy Of Dick Allen, Mitchell J. Nathanson

Mitchell J Nathanson

“What I saw…persuaded me that (he) was the victim of an innate and incurable disorder.  I might give alms to his body; but his body did not pain him; it was his soul that suffered, and his soul I could not reach.”
     -- Herman Melville, “Bartleby The Scrivener.”

Through the course of his major league career, Dick Allen was without doubt recognized for doing a lot of things.  He was the 1964 National League Rookie of the Year and the 1972 American League Most Valuable Player.  His 351 home runs are more than Hall of Famer Ron Santo and …


"Race-Conscious" School Finance Litigation: Is A Fourth Wave Emerging?, David G. Hinojosa Mar 2016

"Race-Conscious" School Finance Litigation: Is A Fourth Wave Emerging?, David G. Hinojosa

University of Richmond Law Review

No abstract provided.