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Full-Text Articles in Law
Affirmative Action And The Leadership Pipeline, Joni Hersch
Affirmative Action And The Leadership Pipeline, Joni Hersch
Vanderbilt Law School Faculty Publications
Recent events have brought heightened attention to racial injustice in the United States, which includes among its legacies a dearth of Black people in influential positions that shape society. But at the same time that the United States has turned its attention to diversity in leadership positions, the already narrow pipeline for those from underrepresented groups is likely to narrow even further in the near future. Specifically, the pipeline to influential positions in society typically flows from an elite education. Race-conscious affirmative action in higher education admissions is currently permitted in order for universities to meet their compelling interest in …
The Right To Feast And Festivals, Juan C. Riofrio
The Right To Feast And Festivals, Juan C. Riofrio
Vanderbilt Journal of Entertainment & Technology Law
Festive behavior is a basic characteristic of human life, as evidenced from ancient times. Humans need to use ceremony and ritual in specific places and times to mark their triumphs, joys, and sorrows. However, some categories of individuals are harmed because they cannot celebrate the most important highlights of their lives through such festive feasts: prisoners, mariners at sea, soldiers on the frontlines, workers subject to the pressures of ungenerous employers, towns occupied by oppressive invaders, and impoverished individuals who cannot afford customary celebrations, among others. When feasts and festivals are restricted, societies lose well-being, communities lose identity, and individuals …
The Perfect Match: Solving The Due Process Problem Of Signature Matching With Federal Agency Regulation, Rachel Blumenstein
The Perfect Match: Solving The Due Process Problem Of Signature Matching With Federal Agency Regulation, Rachel Blumenstein
Vanderbilt Journal of Entertainment & Technology Law
Local election commissions in the United States disenfranchise Americans when they erroneously reject voters’ mail-in ballots for failed signature matches. Disenfranchisement is not only problematic because it is dangerous to the health of American democracy, but also because signature matching violates the procedural due process protections voters are entitled to when they exercise their right to vote. Furthermore, the practice of signature matching is one of many ballot access restrictions that disproportionately impact minority voters under the guise of voter fraud prevention. Expanding the Election Assistance Commission’s mandate to allow it to develop more accurate methods of ballot verification can …
Let's Talk About Gender: Nonbinary Title Vii Plaintiffs Post-Bostock, Meredith R. Severtson
Let's Talk About Gender: Nonbinary Title Vii Plaintiffs Post-Bostock, Meredith R. Severtson
Vanderbilt Law Review
In Bostock v. Clayton County, the Supreme Court held that Title VII’s sex-discrimination prohibition applies to discrimination against gay and transgender employees. This decision, surprising from a conservative Court, has engendered a huge amount of commentary on both its substantive holding and its interpretive method. This Note addresses a single question arising from this discourse: After Bostock, how will courts address allegations of sex discrimination by plaintiffs whose gender identities exist outside of traditional sex and gender binaries? As this Note explores, some have argued that Bostock’s textualist logic precludes sex-discrimination claims by nonbinary plaintiffs. While such arguments fail to …
Brown, Massive Resistance, And The Lawyer's View: A Nashville Story, Daniel Sharfstein
Brown, Massive Resistance, And The Lawyer's View: A Nashville Story, Daniel Sharfstein
Vanderbilt Law School Faculty Publications
Every grassroots story complicates what we already know, and the history of Cecil Sims and his world48 stands out in at least two important ways. First, Sims's work on issues relating to segregated education predates Brown. In the late 1940s, as Southern states responded to Supreme Court decisions desegregating graduate education, Sims assumed a central role in developing nominally race-neutral proposals that involved a series of complex transactions and legal forms. Just as the Civil Rights Movement began years before Brown and the Montgomery Bus Boycott, Sims is emblematic of the segregated South's "long history" of resistance to civil rights. …