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Series

Civil Rights and Discrimination

1998

Institution
Keyword
Publication

Articles 1 - 30 of 68

Full-Text Articles in Law

Book Review Of Forced Justice: School Desegregation And The Law And Race Relations Litigation In An Age Of Complexity, Davison M. Douglas Oct 1998

Book Review Of Forced Justice: School Desegregation And The Law And Race Relations Litigation In An Age Of Complexity, Davison M. Douglas

Faculty Publications

No abstract provided.


Board Of Education V. Taxman: The Unpublished Opinions- Introduction, Michael J. Yelnosky, Ann C. Mcginley Oct 1998

Board Of Education V. Taxman: The Unpublished Opinions- Introduction, Michael J. Yelnosky, Ann C. Mcginley

Law Faculty Scholarship

No abstract provided.


Whither Weber?, Michael J. Yelnosky Oct 1998

Whither Weber?, Michael J. Yelnosky

Law Faculty Scholarship

No abstract provided.


Coming Out: Decision-Making In State And Federal Sodomy Cases, Susan Ayres Oct 1998

Coming Out: Decision-Making In State And Federal Sodomy Cases, Susan Ayres

Faculty Scholarship

In 1791, American states were enacting laws against sodomy at the same time they ratified the Bill of Rights, the first ten constitutional amendments meant to safeguard fundamental rights of individuals in a free society. In a March 1789 letter to James Madison, Thomas Jefferson asserted that a bill of rights was necessary to give the judiciary the power to protect such individual rights. Ironically, that which the judiciary gives, it may also take away, since "[t]he legislator is a writer. And the judge a reader."

This Article deconstructs recent sodomy cases in order to challenge judicial adoption or ...


Section 5: Civil Rights, Institute Of Bill Of Rights Law At The William & Mary Law School Sep 1998

Section 5: Civil Rights, Institute Of Bill Of Rights Law At The William & Mary Law School

Supreme Court Preview

No abstract provided.


Constitutional Remedies, Section 1983 And The Common Law, Michael L. Wells Sep 1998

Constitutional Remedies, Section 1983 And The Common Law, Michael L. Wells

Scholarly Works

Constitutional tort law marries the substantive rights granted by the Constitution to the remedial mechanism of tort law. The sweeping language of 42 U.S.C. 1983 provides that "[e]very person who, under color of any [state law] subjects, or causes to be subjected, any [person] to the deprivation of any [constitutional rights] shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress." Constitutional tort suits raise, in a new context, many tort-like remedial questions relating to causation, immunity, and damages--and therein lies a problem. The usual source ...


Madiba 80th Birthday Bash July 18, 1998, Desmond Tutu Jul 1998

Madiba 80th Birthday Bash July 18, 1998, Desmond Tutu

Archbishop Desmond Tutu Collection Textual

Speech written by Archbishop Tutu for Nelson Mandela's 80th birthday.


Unconscious Racism And The Criminal Law, Sheri Johnson Jul 1998

Unconscious Racism And The Criminal Law, Sheri Johnson

Cornell Law Faculty Publications

No abstract provided.


Fax: The White House – May 7, 1998, Remarks By The President, Arab American Institute Conference, Office Of The Press Secretary May 1998

Fax: The White House – May 7, 1998, Remarks By The President, Arab American Institute Conference, Office Of The Press Secretary

Saffy Collection - All Textual Materials

Bill Clinton’s speech for the Arab American Institute Conference May 7, 1998 at Grand Hyatt Hotel Washington, D.C.


The Enforcement Of Prisoners’ Rights In The United States: An Access To The Courts Issue, Roberta M. Harding May 1998

The Enforcement Of Prisoners’ Rights In The United States: An Access To The Courts Issue, Roberta M. Harding

Law Faculty Scholarly Articles

This article examines how the development and status of the rights of incarcerated people is significantly effected by their ability to access the judiciary; specifically the federal judicial system. The relatively recent explosion in the American prison population provided the impetus for researching this topic. The objective was to examine whether this tremendous rise in the number of people incarcerated in U.S. penal facilities had impacted the posture of the rights afforded to these individuals. One conclusion reached was that the rise in the prison population had harshly eroded the right of access to the courts. The exploration of ...


Ax-Grinding Politics Leads To Unequal Justice, Kenneth Lasson Apr 1998

Ax-Grinding Politics Leads To Unequal Justice, Kenneth Lasson

All Faculty Scholarship

No abstract provided.


Accommodating Outness: Hurley, Free Speech, And Gay And Lesbian Equality, Darren Lenard Hutchinson Apr 1998

Accommodating Outness: Hurley, Free Speech, And Gay And Lesbian Equality, Darren Lenard Hutchinson

UF Law Faculty Publications

In this article I explore two important questions raised by the Hurley v. Irish-American Gay, Lesbian and Bisexual Group of Boston decision. First, although the Supreme Court did not analyze the case under the Roberts framework, it suggested at the conclusion of the opinion that the case would have the same outcome under that test. The Court's dictum concerning the Roberts trilogy thus raises the question whether Hurley indicates that the Court might disturb the Roberts doctrine if presented with the opportunity. Second, the Hurley Court, in rejecting GLIB's claim, found that the parade organizers were not attempting ...


Writing Rules Does Not Right Wrongs, Odeana R. Neal Apr 1998

Writing Rules Does Not Right Wrongs, Odeana R. Neal

All Faculty Scholarship

I believe the work that lawyers, legal academics, and judges do is important. Our work allows us to devise legal theories, develop litigation strategies and determine outcomes that can make a tremendous difference in people's lives. As a result, I applaud the insight and creativity of Judge Beck and Professors Glennon and Goldfarb. Their work demonstrates how law can be used to protect gay men, lesbians, bisexuals, their relationships and their families.


Twain's Admiration Of Jews Conflicted His Article Of 100 Years Ago Seems Less Flattering Today, Kenneth Lasson Mar 1998

Twain's Admiration Of Jews Conflicted His Article Of 100 Years Ago Seems Less Flattering Today, Kenneth Lasson

All Faculty Scholarship

It's been exactly a hundred years since Mark Twain first revealed himself as an unmitigated admirer of Jewish people. "A marvelous race, by long odds the most marvelous that the world has produced, I suppose." he wrote in "Concerning the Jews," published in March of 1898 by Harper's magazine.

How different after all was Twain from H.L. Mencken, who (after the posthumous publication of his diaries) was attacked as an anti-Semite? As literary critic Joseph Epstein has pointed out, Mencken talked about Jews the way they talked about themselves: "But H.L. Mencken was no anti-Semite. For ...


Passage Of Religious Freedom Act Necessary To Fulfill Maryland's National Leadership Role, Kenneth Lasson Mar 1998

Passage Of Religious Freedom Act Necessary To Fulfill Maryland's National Leadership Role, Kenneth Lasson

All Faculty Scholarship

Three hundred sixty-four years ago this month, two tiny sailing ships arrived near what is now St. Mary's City with the first settlers in Maryland. The Ark and the Dove were sent to the New World by Cecil Calvert. Lord Baltimore had founded his small colony as a haven for those persecuted in England because of their religious beliefs.

On numerous occasions since then - from passage of the Act of Toleration in 1649 to the achievement of full civil liberties for Jews in 1825 to landmark Supreme Court decisions involving the state in the 1960s - Maryland has been a ...


A Constitution Of Democratic Experimentalism, Michael C. Dorf, Charles F. Sabel Mar 1998

A Constitution Of Democratic Experimentalism, Michael C. Dorf, Charles F. Sabel

Cornell Law Faculty Publications

In this Article, Professors Dorf and Sabel identify a new form of government, democratic experimentalism, in which power is decentralized to enable citizens and other actors to utilize their local knowledge to fit solutions to their individual circumstances, but in which regional and national coordinating bodies require actors to share their knowledge with others facing similar problems. This information pooling, informed by the example of novel kinds of coordination within and among private firms, both increases the efficiency of public administration by encouraging mutual learning among its parts and heightens its accountability through participation of citizens in the decisions that ...


Re-Defining Reproductive Freedom, Timothy Zick Jan 1998

Re-Defining Reproductive Freedom, Timothy Zick

Faculty Publications

No abstract provided.


Book Review Of Employment Discrimination Law, James S. Heller Jan 1998

Book Review Of Employment Discrimination Law, James S. Heller

Library Staff Publications

No abstract provided.


Housing Equity Analysis Final Report, Center For Economic Development Jan 1998

Housing Equity Analysis Final Report, Center For Economic Development

Center for Economic Development Technical Reports

the Purpose of this study is to assess the impact of discrimination on rental housing opportunities in Massachusetts. We obtained information on the numbers and types of housing discrimination cases filed in Massachusetts with federal, state, and private non-profit fair housing organizations. A total of 3,431 complaints were reported in Massachusetts from the period of 1990 to April 1998. Our findings indicate clearly, that rental housing discrimination exist in the state of Massachusetts. One of the major problems that we found is the fact that most instances of housing discrimination do not get reported. Based on our work, we ...


Book Review Of Desegregating Texas Schools: Eisenhower, Shivers, And The Crisis At Mansfield High, Davison M. Douglas Jan 1998

Book Review Of Desegregating Texas Schools: Eisenhower, Shivers, And The Crisis At Mansfield High, Davison M. Douglas

Faculty Publications

No abstract provided.


Justifying Racial Reform, Davison M. Douglas Jan 1998

Justifying Racial Reform, Davison M. Douglas

Faculty Publications

No abstract provided.


The Mccleskey Puzzle: Remedying Prosecutorial Discrimination Against Black Victims In Capital Sentencing, Ashutosh Bhagwat, Evan Tsen Lee Jan 1998

The Mccleskey Puzzle: Remedying Prosecutorial Discrimination Against Black Victims In Capital Sentencing, Ashutosh Bhagwat, Evan Tsen Lee

Faculty Scholarship

No abstract provided.


Assimiliationist Bias In Equal Protection: The Visibility Presumption And The Case Of Don't Ask, Don't Tell, Kenji Yoshino Jan 1998

Assimiliationist Bias In Equal Protection: The Visibility Presumption And The Case Of Don't Ask, Don't Tell, Kenji Yoshino

Faculty Scholarship Series

Equal protection heightened scrutiny jurisprudence currently privileges
the talismanic classifications of race and, to a lesser extent, sex. In
considering arguments that other classifications be accorded heightened
scrutiny, the courts have required claimants to demonstrate the similarities
these classifications share with race and sex. Commonalities between the
two paradigm classifications thus play a powerful gatekeeping role.
Two commonalities emphasized by the courts are that race and sex
ostensibly mark individuals with immutable and visible traits. A
classification will therefore be less likely to receive heightened scrutiny if
its defining traits can be altered or concealed. By withholding protection
from these ...


The Hubris Of The Master Chefs Of Diversity Stew, Michael K. Jordan Jan 1998

The Hubris Of The Master Chefs Of Diversity Stew, Michael K. Jordan

Faculty Scholarship

This article discusses the dangers of pursuing diversity, be it in the workplace, in a student body, or in a society, in a manner that puts a high level of control in the hands of a few experts using a specifc "recipe". These masters of diversity may pose serious threats to some basic principles that most Americans hold to be essential componenets of what it means to be free, self-determining individuals.


Who's Responsible? Employer Liability For Supervisors' Hostile-Environment Sexual Harassment: An Analysis Of Faragher V. City Of Boca Raton, Barbara J. Fick Jan 1998

Who's Responsible? Employer Liability For Supervisors' Hostile-Environment Sexual Harassment: An Analysis Of Faragher V. City Of Boca Raton, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case Faragher v. City of Boca Raton, 524 U.S. 775 (1998). The author expected the Court to address the issue of under what circumstances an employer is liabile under title VII of the Civil Rights Act of 1964 for a supervisor's sexual harassement that creates a hostile work environment.


Expanding The Circle Of Membership By Reconstructing The Alien: Lessons From Social Psychology And The Promise Enforcement Cases, Victor C. Romero Jan 1998

Expanding The Circle Of Membership By Reconstructing The Alien: Lessons From Social Psychology And The Promise Enforcement Cases, Victor C. Romero

Journal Articles

Recent legal scholarship suggests that the Supreme Court's decisions on immigrants' rights favor conceptions of membership over personhood. Federal courts are often reluctant to recognize the personal rights claims of noncitizens because they are not members of the United States. Professor Michael Scaperlanda argues that because the courts have left the protection of noncitizens' rights in the hands of Congress and, therefore, its constituents, U.S. citizens must engage in a serious dialogue regarding membership in this polity while considering the importance of constitutional principles of personhood. This Article takes up Scaperlanda's challenge. Borrowing from recent research in ...


The Limits Of Feminism, Emily Sherwin Jan 1998

The Limits Of Feminism, Emily Sherwin

Cornell Law Faculty Publications

No abstract provided.


Foreword (Symposium: Finding A Path To Gender Equality: Legal And Policy Issues Raised By All-Female Public Education), Nadine Strossen Jan 1998

Foreword (Symposium: Finding A Path To Gender Equality: Legal And Policy Issues Raised By All-Female Public Education), Nadine Strossen

Articles & Chapters

No abstract provided.


Civil Rights And Self-Concept: Life Stories Of Law, Disability And Employment, Frank W. Munger, David M. Engel Jan 1998

Civil Rights And Self-Concept: Life Stories Of Law, Disability And Employment, Frank W. Munger, David M. Engel

Articles & Chapters

No abstract provided.


Does A Conspiracy To Terminate At-Will Employment Constitute An Injury To Property? An Analysis Of Haddle V. Garrison, Barbara J. Fick Jan 1998

Does A Conspiracy To Terminate At-Will Employment Constitute An Injury To Property? An Analysis Of Haddle V. Garrison, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case Haddle v. Garrison, 525 U.S. 121 (1998). The author expected the Court to determine whether the termination of an at-will employee can be compensible under 42 U.S.C. § 1985, one of the Reconstruction Era Civil Rights Act.