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Articles 1 - 14 of 14
Full-Text Articles in Law
Not On The Menu, Kathryn Casteel, Zameena Mejia
Not On The Menu, Kathryn Casteel, Zameena Mejia
Capstones
The element of “unwelcomeness” and the burden of proof on the plaintiff to prove sexual conduct in the workplace is one of the flaws of Title VII that make it difficult to protect victims of sexual harassment. This is particularly true in restaurants where a sexual environment is often thought of as “part of the job.” Formal complaint systems, if available, in restaurants are often flawed, even though they can pose as an affirmative defense for the defendant if they are available and a victim does not file a complaint. In the cases examined, all involved an accused supervisor or …
Brief Of Appellant, Davon Jones V. State Of Maryland, No. 547, Paul Dewolfe, Renée M. Hutchins, Matthew T. Healy
Brief Of Appellant, Davon Jones V. State Of Maryland, No. 547, Paul Dewolfe, Renée M. Hutchins, Matthew T. Healy
Court Briefs
No abstract provided.
The Vote Is Precious, Melissa A. Logan
The Vote Is Precious, Melissa A. Logan
Indiana Journal of Law and Social Equality
This Note traces the history of the voter suppression in the United States, connecting present-day efforts to restrict access to the polls to harmful practices of the past. After demonstrating that the United States has never truly fulfilled the promise of the Fifteenth Amendment—that no citizen shall be denied the right to vote based on race, color, or previous condition of servitude—I argue that the federal government must take steps to protect voters from racial discrimination. I propose that Congress can use the power bestowed to it under the Elections Clause to regulate the time, place, and manner of elections …
Just, Smart: Civil Rights Protections And Market-Sensitive Vacant Property Strategies, James J. Kelly Jr.
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, …
Pushing An End To Sanctuary Cities: Will It Happen?, Raina Bhatt
Pushing An End To Sanctuary Cities: Will It Happen?, Raina Bhatt
Michigan Journal of Race and Law
Sanctuary jurisdictions refer to city, town, and state governments (collectively, localities or local governments) that have passed provisions to limit their enforcement of federal immigration laws. Such local governments execute limiting provisions in order to bolster community cooperation, prevent racial discrimination, focus on local priorities for enforcement, or even to a show a local policy that differs from federal policy. The provisions are in the forms of executive orders, municipal ordinances, and state resolutions. Additionally, the scope of the provisions vary by locality: some prohibit law enforcement from asking about immigration status, while others prohibit the use of state resources …
Human Rights Recommendations To The United States: A Desk Reference For State And Local Human Rights Agencies, Human Rights Institute
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 …
United States V. Ramirez-Soberanes: Is Sympathy Towards Minorities A Race-Neutral Reason Under Batson V. Kentucky?, Thomas Galan
United States V. Ramirez-Soberanes: Is Sympathy Towards Minorities A Race-Neutral Reason Under Batson V. Kentucky?, Thomas Galan
Touro Law Review
No abstract provided.
Recovering Forgotten Struggles Over The Constitutional Meaning Of Equality, Helen Norton
Recovering Forgotten Struggles Over The Constitutional Meaning Of Equality, Helen Norton
Publications
No abstract provided.
Derivative Racial Discrimination, Kevin Woodson
Derivative Racial Discrimination, Kevin Woodson
Law Faculty Publications
This Article introduces the concept of derivative racial discrimination, a process of institutional discrimination in which certain social and cultural dynamics impede the careers of minority workers in predominantly white firms even in the absence of racial biases and stereotypes. Derivative racial discrimination is a manifestation of cultural homophily, the universal tendency of people to gravitate toward others with similar cultural interests and backgrounds. Although not intrinsically racial, cultural homophily disadvantages minority workers in predominantly white work settings due to various race-related social and cultural differences. Seemingly inconsequential in isolation, these differences produce racial disparities in the accrual of valuable …
The Shelby County Problem, Ellen D. Katz
The Shelby County Problem, Ellen D. Katz
Book Chapters
Decided on June 23, 2013, Shelby County v. Holder scrapped the coverage formula set forth in Section 4(b) of the Voting Rights Act (VRA). Congress first enacted this formula in 1965 and, in it, set forth criteria to identify places with low levels of voter participation that was likely attributable to racial discrimination. Once identified, "covered" jurisdictions needed to obtain federal approval, known as preclearance, before changing any electoral practice. Specifically, they needed to demonstrate to the U.S. Department of Justice or a federal court that proposed changes were not discriminatory in purpose or effect. Shelby County lifted the preclearance …
Whren's Flawed Assumptions Regarding Race, History, And Unconscious Bias, William M. Carter Jr.
Whren's Flawed Assumptions Regarding Race, History, And Unconscious Bias, William M. Carter Jr.
Articles
This article is adapted from remarks presented at CWRU Law School's symposium marking the 20th anniversary of Whren v. United States. The article critiques Whren’s constitutional methodology and evident willful blindness to issues of social psychology, unconscious bias, and the lengthy American history of racialized conceptions of crime and criminalized conceptions of race. The article concludes by suggesting a possible path forward: reconceptualizing racially motivated pretextual police encounters as a badge or incident of slavery under the Thirteenth Amendment issue rather than as abstract Fourth or Fourteenth Amendment issues.
Human Capital Discrimination, Law Firm Inequality, And The Limits Of Title Vii, Kevin Woodson
Human Capital Discrimination, Law Firm Inequality, And The Limits Of Title Vii, Kevin Woodson
Law Faculty Publications
This Article advances the legal scholarship on workplace inequality through use of evidence derived from interviews of a sample of black attorneys who have worked in large, predominantly white law firms. It does so by calling attention to the manner in which these firms operate as sites of human capital discrimination — patterns of mistreatment that deprive many black associates of access to the substantive work opportunities crucial to their professional development and career advancement. This Article identifies the specific arrangements and practices within these firms that facilitate human capital discrimination and describes the varied, often subtle harms and burdens …
Race, Shelby County, And The Voter Information Verification Act In North Carolina, Michael D. Herron, Daniel A. Smith
Race, Shelby County, And The Voter Information Verification Act In North Carolina, Michael D. Herron, Daniel A. Smith
Florida State University Law Review
Shortly after the Supreme Court in Shelby County v. Holder struck down section 4(b) of the Voting Rights Act (VRA), the State of North Carolina enacted an omnibus piece of election- reform legislation known as the Voter Information Verification Act (VIVA). Prior to Shelby, portions of North Carolina were covered jurisdictions per the VRA’s sections 4 and 5—meaning that they had to seek federal preclearance for changes to their election procedures— and this motivates our assessment of whether VIVA’s many alterations to North Carolina’s election procedures are race-neutral. We show that in presidential elections in North Carolina black early voters …
Disparate Impact And The Role Of Classification And Motivation In Equal Protection Law After Inclusive Communities, Samuel Bagenstos
Disparate Impact And The Role Of Classification And Motivation In Equal Protection Law After Inclusive Communities, Samuel Bagenstos
Articles
At least since the Supreme Court’s 2009 decision in Ricci v. DeStefano, disparate-impact liability has faced a direct constitutional threat. This Article argues that the Court’s decision last Term in Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc., which held that disparate-impact liability is available under the Fair Housing Act, has resolved that threat, at least for the time being. In particular, this Article argues, Inclusive Communities is best read to adopt the understanding of equal protection that Justice Kennedy previously articulated in his pivotal concurrence in the 2007 Parents Involved case—which argued that …