Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Civil Rights and Discrimination (299)
- Constitutional Law (133)
- Criminal Law (30)
- Human Rights Law (30)
- Law and Society (29)
-
- Education Law (28)
- First Amendment (28)
- Labor and Employment Law (28)
- Law and Race (27)
- Criminal Procedure (22)
- Law and Gender (21)
- Sexuality and the Law (20)
- State and Local Government Law (19)
- Courts (18)
- Administrative Law (17)
- Supreme Court of the United States (17)
- Fourteenth Amendment (15)
- Jurisprudence (15)
- Legislation (14)
- Law Enforcement and Corrections (13)
- Religion Law (13)
- Civil Procedure (11)
- Legal History (11)
- Arts and Humanities (10)
- History (9)
- Law and Politics (9)
- United States History (9)
- Immigration Law (8)
- Property Law and Real Estate (8)
- Institution
-
- William & Mary Law School (94)
- Villanova University Charles Widger School of Law (69)
- Fordham Law School (31)
- University of South Carolina (25)
- Yeshiva University, Cardozo School of Law (21)
-
- Maurer School of Law: Indiana University (14)
- Seattle University School of Law (14)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (13)
- Saint Louis University School of Law (12)
- Pepperdine University (10)
- University of San Diego (10)
- Florida A&M University College of Law (9)
- University of Colorado Law School (9)
- New York Law School (8)
- Touro University Jacob D. Fuchsberg Law Center (8)
- American University Washington College of Law (7)
- Georgia State University College of Law (7)
- University of the District of Columbia School of Law (7)
- St. John's University School of Law (6)
- The University of San Francisco (4)
- Washington and Lee University School of Law (4)
- West Virginia University (4)
- Chicago-Kent College of Law (3)
- Embry-Riddle Aeronautical University (3)
- University of Oklahoma College of Law (3)
- Cleveland State University (2)
- Penn State Dickinson Law (2)
- Southern Methodist University (2)
- The University of Akron (2)
- University of Georgia School of Law (2)
- Publication Year
- Publication
-
- Villanova Law Review (69)
- William & Mary Law Review (59)
- South Carolina Law Review (25)
- William & Mary Bill of Rights Journal (25)
- Fordham Law Review (23)
-
- Cardozo Law Review (21)
- Nevada Law Journal (13)
- Indiana Law Journal (11)
- Saint Louis University Law Journal (10)
- Seattle University Law Review (10)
- William & Mary Journal of Race, Gender, and Social Justice (10)
- Florida A & M University Law Review (9)
- Pepperdine Law Review (9)
- University of Colorado Law Review (9)
- NYLS Law Review (8)
- Georgia State University Law Review (7)
- Touro Law Review (7)
- University of the District of Columbia Law Review (6)
- California Regulatory Law Reporter (5)
- St. John's Law Review (5)
- American University Law Review (4)
- Fordham Intellectual Property, Media and Entertainment Law Journal (4)
- Seattle Journal for Social Justice (4)
- University of San Francisco Law Review (4)
- Washington and Lee Journal of Civil Rights and Social Justice (4)
- West Virginia Law Review (4)
- Chicago-Kent Law Review (3)
- Fordham Urban Law Journal (3)
- International Bulletin of Political Psychology (3)
- Oklahoma Law Review (3)
Articles 1 - 30 of 423
Full-Text Articles in Law
Radical Visions For The Law Of Peace: How W.E.B. Du Bois And The Black Antiwar Movement Reimagined Civil Rights And The Laws Of War And Peace, Andrew J. Lanham
Radical Visions For The Law Of Peace: How W.E.B. Du Bois And The Black Antiwar Movement Reimagined Civil Rights And The Laws Of War And Peace, Andrew J. Lanham
Washington Law Review
This Article reconstructs the history of Black antiwar activism in the twentieth-century United States and argues that Black antiwar activists played a significant but largely forgotten role in the development of both modern civil rights law and the international law of war and peace. The Article focuses on the career of W.E.B. Du Bois, tracing how he built coalitions between civil rights and antiwar organizations to pursue a series of shared legal campaigns. Du Bois’s antiwar work was also representative of a larger tradition, and his career illuminates how a range of Black activists and civil rights lawyers like Pauli …
Protecting The Promise To The Families Of Tuskegee: Banning The Use Of Persuasive Ai In Obtaining Informed Consent For Commercial Drug Trials, Jennifer S. Bard
Protecting The Promise To The Families Of Tuskegee: Banning The Use Of Persuasive Ai In Obtaining Informed Consent For Commercial Drug Trials, Jennifer S. Bard
San Diego Law Review
This is the first article to call for a ban on the use of AI technology designed to influence human decision-making, “Persuasive AI,” for the purpose of recruiting or enrolling human participants in drug trials sponsored by commercial entities. It does so from a perspective of precaution, not fear. Advances in Artificial Technology that can assist human decision-making have tremendous potential for good. It makes the case for doing so based on both the substantial risk of harm to the decision-making process and the ineffectiveness of intermediate regulatory measures. This Article looks directly at Persuasive AI, a type of AI …
No Apology Until Abolition: Redressing The Ongoing Atrocity Of Slavery, Brandee Mcgee
No Apology Until Abolition: Redressing The Ongoing Atrocity Of Slavery, Brandee Mcgee
San Diego Law Review
There are currently more Black adults under correctional control than there were enslaved at the height of slavery. Despite Black Americans making up only 12% of the domestic population, states imprison them at more than five times the rate of White Americans. In California, the ratio is even higher: the “Black/white disparity [is] larger than 9:1.” Although many White Americans are also imprisoned, Michelle Alexander in The New Jim Crow argues that these White prisoners are “collateral damage” to mask a racialized prison-industrial complex (PIC)—with mass incarceration as the main feature.
In 1865, after decades of activism by the abolitionist …
Title Seven Ate Nine? Extending Bostock's Meaning Of "Sex" From Title Vii To Title Ix, Julia L. Shea
Title Seven Ate Nine? Extending Bostock's Meaning Of "Sex" From Title Vii To Title Ix, Julia L. Shea
St. John's Law Review
(Excerpt)
When JayCee Cooper walked out onto the platform at a women’s powerlifting competition for the first time, “everything else fell away: her years-long internal struggle over her gender identity, her decision to leave men’s sports when she began transitioning, her doubts that she would ever feel safe if she returned to competitions.” Powerlifting was JayCee’s way of feeling empowered in her own life, but after signing up for more competitions, she was told she could no longer compete because of a discriminatory policy that barred transgender women. Transgender athletes play sports for the same reasons as anyone else, including …
Roundtable: The 1921 Tulsa Race Massacre; The Quest For Accountability, Robert Turner
Roundtable: The 1921 Tulsa Race Massacre; The Quest For Accountability, Robert Turner
University of Colorado Law Review
No abstract provided.
Foreword: Looking Back To Move Forward: Exploring The Legacy Of U.S. Slavery, Suzette Malveaux
Foreword: Looking Back To Move Forward: Exploring The Legacy Of U.S. Slavery, Suzette Malveaux
University of Colorado Law Review
No abstract provided.
Foreword: Expanding The Boundaries Of Knowledge About Slavery And Its Legacy, Lolita Buckner Inniss
Foreword: Expanding The Boundaries Of Knowledge About Slavery And Its Legacy, Lolita Buckner Inniss
University of Colorado Law Review
No abstract provided.
Higher Education Redress Statutes: A Preliminary Analysis Of States’ Reparations In Higher Education, Christopher L. Mathis
Higher Education Redress Statutes: A Preliminary Analysis Of States’ Reparations In Higher Education, Christopher L. Mathis
University of Colorado Law Review
No abstract provided.
The Color(Blind) Conundrum In Colorado Property Law, Tom I. Romero Ii
The Color(Blind) Conundrum In Colorado Property Law, Tom I. Romero Ii
University of Colorado Law Review
No abstract provided.
Slave Law, Race Law, Gabriel J. Chin
Slave Law, Race Law, Gabriel J. Chin
University of Colorado Law Review
No abstract provided.
Loving Reparations, Eric J. Miller
Loving Reparations, Eric J. Miller
University of Colorado Law Review
No abstract provided.
Social Construction Of Race Undergirds Racism By Providing Undue Advantages To White People, Disadvantaging Black People And Other People Of Color, And Violating The Human Rights Of All People Of Color, Adjoa A. Aiyetoro
University of Colorado Law Review
No abstract provided.
Shades Of Justice: Racial Profiling Then And Now, F. Michael Higginbotham
Shades Of Justice: Racial Profiling Then And Now, F. Michael Higginbotham
University of Colorado Law Review
No abstract provided.
Meaningless Dna: Moore’S Inadequate Protection Of Genetic Material, Natalie Alexander
Meaningless Dna: Moore’S Inadequate Protection Of Genetic Material, Natalie Alexander
Dickinson Law Review (2017-Present)
Moore v. Regents of the University of California represents the seminal case regarding the protection of genetic material. In this case, the California Supreme Court held that patients do not retain property rights in their excised genetic material; instead, informed consent laws serve as genetic material’s only protection. Many states have accepted the Moore court’s decision not to extend property rights to genetic material, and most states choose to protect genetic material through informed consent alone. Moore and informed consent do not adequately protect genetic material, creating unjust results in which “donors” of genetic material have little to no recourse …
Sex Trait Discrimination: Intersex People And Title Vii After Bostock V. Clayton County, Sam Parry
Sex Trait Discrimination: Intersex People And Title Vii After Bostock V. Clayton County, Sam Parry
Washington Law Review
Title VII of the Civil Rights Act of 1964 protects employees from workplace discrimination and harassment on account of sex. Courts have historically failed to extend Title VII protections to LGBTQ+ people. However, in 2020, the U.S. Supreme Court decision in Bostock v. Clayton County changed this. Bostock explicitly extended Title VII’s protections against workplace discrimination to “homosexual” and “transgender” people, reasoning that it is impossible to discriminate against an employee for being gay or transgender without taking the employee’s sex into account. While Bostock is a win for LGBTQ+ rights, the opinion leaves several questions unanswered. The reasoning in …
Racial Disparities In South Carolina's Juvenile Justice System: Why They Exist And How They Can Be Reduced, Grace E. Driggers
Racial Disparities In South Carolina's Juvenile Justice System: Why They Exist And How They Can Be Reduced, Grace E. Driggers
South Carolina Law Review
No abstract provided.
Diversity's Distractions Revisited: The Case Of Latinx In Higher Education, Rachel F. Moran
Diversity's Distractions Revisited: The Case Of Latinx In Higher Education, Rachel F. Moran
South Carolina Law Review
No abstract provided.
Reclaiming Equality: How Regressive Laws Can Advance Progressive Ends, Jonathan P. Feingold
Reclaiming Equality: How Regressive Laws Can Advance Progressive Ends, Jonathan P. Feingold
South Carolina Law Review
No abstract provided.
The Constitutionality Of The Title Ix Religious Exemption, Madelyn Jacobsen, Rebecca Batty, Editor
The Constitutionality Of The Title Ix Religious Exemption, Madelyn Jacobsen, Rebecca Batty, Editor
Brigham Young University Prelaw Review
Petitioners in Hunter v. Department of Education questioned the constitutionality of the Title IX religious exemption as the basis of their 2021 class-action lawsuit. They claimed that more than 30 religious schools maintained discriminatory policies against LGBTQ students under the exemption. The religious exemption, often painted as unconstitutional discrimination, permits religious schools' adherence to sincerely held religious beliefs—and promotes a distinctive religious education that secular schools lack. This paper examines legal precedents relevant to religious freedom, higher education, and discrimination that demand the Title IX religious exemption remains in effect.
How In The World Could They Reach That Conclusion?, Hon. Carlton Reeves
How In The World Could They Reach That Conclusion?, Hon. Carlton Reeves
Dickinson Law Review (2017-Present)
No abstract provided.
An Unfulfilled Promise: Section 1557'S Failure To Effectively Confront Discrimination In Healthcare, Majesta-Doré Legnini
An Unfulfilled Promise: Section 1557'S Failure To Effectively Confront Discrimination In Healthcare, Majesta-Doré Legnini
William & Mary Journal of Race, Gender, and Social Justice
When the Patient Protection and Affordable Care Act passed, it offered a broad promise to provide access to quality care on a nondiscriminatory basis. To achieve nondiscrimination, Congress included Section 1557, which integrated the nondiscrimination protections granted under Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments, Section 504, and the Age Discrimination Act. The language of the statute has proved that the section cannot achieve its broad promise. Covering only intentional discrimination and usually interpreted to divide the standard so that intersectional discrimination cannot be redressed, Section 1557 fails to address discrimination in …
Signed, Sealed, Delivered? Problems With The Use Of Signature Matching To Verify Mail Voter Identity
Signed, Sealed, Delivered? Problems With The Use Of Signature Matching To Verify Mail Voter Identity
Florida A & M University Law Review
During the 2020 election, the basic struggle to balance ballot access and election integrity played out in a more public fashion than at any time in recent memory. This begs several important questions. First, how did the American election system get to this point? The legal standards governing election law have long been debated and that uncertainty unleashed a flood of litigation in 2020. Second, why use signature matching—a practice which is methodologically unsound and steadily falling out of use—at all? The use of handwritten signatures to verify identity rather than to evidence attestation is on the decline in other …
Off-White: Al-Khazraji And Shaare Tefila's Potential To De-Essentialize Antidiscrimination Law
Off-White: Al-Khazraji And Shaare Tefila's Potential To De-Essentialize Antidiscrimination Law
Florida A & M University Law Review
The figure of the Arab Jew has historically occupied a space at the margins of Jewish life, rendered peripheral or even invisible by a lens trained on the experiences of Jews of European descent. Drawing in part from the academic lineage of Kimberl´e Kimberle Crenshaw’s theory of intersectionality, American Jews of Arab and Middle Eastern descent (“Mizrahi Jews”) are increasingly joining their Israeli counterparts and Jews of color in the United States in challenging the naturalization of Jewish whiteness in the popular imagination. In a striking parallel between this groundswell of community theorizing and legal strategy, the Supreme Court in …
Post-Conviction Release And Defacto Double Jeopardy: Making The Case For Felons As A Quasi-Suspect Class Due To The Collateral Consequences Of A Felony Conviction
Florida A & M University Law Review
Felons are a prime example of a sub-class of individuals that, once convicted in a court of law, are classified, punished, stigmatized, stripped of their rights as American citizens, and discriminated against. Could this be a form of De Facto double jeopardy? While felons are not literally subjected to a second trial within the judicial system for the same offense, felons face a pseudo trial with society, as its jury, upon re-entry into society, based on the continual discrimination for crimes they have already served time for. The enactment of discriminatory laws against felons dehumanizes the individual by discarding their …
Solving The Procedural Puzzles Of The Texas Heartbeat Act And Its Imitators: The Potential For Defensive Litigation, Charles W. "Rocky" Rhodes, Howard M. Wasserman
Solving The Procedural Puzzles Of The Texas Heartbeat Act And Its Imitators: The Potential For Defensive Litigation, Charles W. "Rocky" Rhodes, Howard M. Wasserman
SMU Law Review
The Texas Heartbeat Act (SB8) prohibits abortions following detection of a fetal heartbeat, a constitutionally invalid ban under current Supreme Court precedent. But the law adopts a unique enforcement scheme—it prohibits enforcement by government officials in favor of private civil actions brought by “any person,” regardless of injury. Texas sought to burden reproductive-health providers and rights advocates with costly litigation and potentially crippling liability.
In a series of articles, we explore how SB8’s exclusive reliance on private enforcement creates procedural and jurisdictional hurdles to challenging the law’s constitutional validity and obtaining judicial review. This piece explores defensive litigation, in which …
Testing The Limits: Asian Americans And The Debate Over Standardized Entrance Exams, Vinay Harpalani
Testing The Limits: Asian Americans And The Debate Over Standardized Entrance Exams, Vinay Harpalani
South Carolina Law Review
No abstract provided.
The President And Individual Rights, Mark Tushnet
The President And Individual Rights, Mark Tushnet
William & Mary Bill of Rights Journal
No abstract provided.
Executive Unilateralism And Individual Rights In A Federalist System, Meredith Mclain, Sharece Thrower
Executive Unilateralism And Individual Rights In A Federalist System, Meredith Mclain, Sharece Thrower
William & Mary Bill of Rights Journal
Presidents have a wide array of tools at their disposal to unilaterally influence public policy, without the direct approval of Congress or the courts. These unilateral actions have the potential to affect a variety of individual rights, either profitably or adversely. Governors too can employ unilateral directives for similar purposes, often impacting an even wider range of rights. In this Article, we collect all executive orders and memoranda related to individual rights issued between 1981 and 2018 at the federal level, and across the U.S. states, to analyze their use over time. We find that chief executives of all kinds …
Taxation And Racial Injustice In South Carolina, Jordan M. Wayburn
Taxation And Racial Injustice In South Carolina, Jordan M. Wayburn
South Carolina Law Review
No abstract provided.