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Full-Text Articles in Law

Everyone’S A Little Bit Racist? Reconciling Implicit Bias And Title Vii, Christopher Cerullo Oct 2013

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 …


Colorblind Constitutionalism, Randall Kennedy Oct 2013

Colorblind Constitutionalism, Randall Kennedy

Fordham Law Review

No abstract provided.


Domestic Counterinsurgency: How Counterinsurgency Tactics Combined With Laws Were Deployed Against Blacks Throughout U.S. History, William Y. Chin Jul 2013

Domestic Counterinsurgency: How Counterinsurgency Tactics Combined With Laws Were Deployed Against Blacks Throughout U.S. History, William Y. Chin

University of Miami Race & Social Justice Law Review

Long before the United States engaged in counterinsurgency overseas in Iraq and Afghanistan, the United States engaged in counterinsurgency domestically against blacks. The history of America is a history of enduring conflict between black insurgents and white counterinsurgents. This conflict began centuries ago with the forced transport of enslaved blacks to America’s shores. From the beginning, whites employed all levers of national power including laws to suppress black resistance. The laws became counterinsurgency weapons launched against blacks in an internal conflict lasting generations.


In The Interests Of Justice: Human Rights And The Right To Counsel In Civil Cases, Martha F. Davis Apr 2013

In The Interests Of Justice: Human Rights And The Right To Counsel In Civil Cases, Martha F. Davis

Touro Law Review

This report examines the international human rights treaties binding on the United States as well as other non-binding international human rights documents to ascertain the status of the right to counsel in civil cases, the so-called "Civil Gideon" right. The United Nations treaty monitoring bodies responsible for the International Covenant on Civil and Political Rights and the Convention on the Elimination of All Forms of Racial Discrimination have both indicated that legal assistance may be required to ensure fairness in civil cases. The Charter of the Organization of American States, to which the United States is a party, goes farther …


Saint Francis College V. Al-Khazraji: Cosmetic Surgery Or A Fresh Breadth For Section 1981? , Barbara A. Bayliss Jan 2013

Saint Francis College V. Al-Khazraji: Cosmetic Surgery Or A Fresh Breadth For Section 1981? , Barbara A. Bayliss

Pepperdine Law Review

No abstract provided.


Blocking The Ballot: Why Florida’S New Voting Restrictions Demonstrate A Need For Continued Enforcement Of The Voting Rights Act Preclearance Requirement, Michael Ellement Jan 2013

Blocking The Ballot: Why Florida’S New Voting Restrictions Demonstrate A Need For Continued Enforcement Of The Voting Rights Act Preclearance Requirement, Michael Ellement

Catholic University Law Review

No abstract provided.