Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Series

Civil Rights and Discrimination

1999

Institution
Keyword
Publication

Articles 1 - 30 of 78

Full-Text Articles in Law

Interview With Gilbert F. Casellas, Lake Srinivasan, Gilbert F. Casellas, Legal Oral History Project, University Of Pennsylvania Carey Law School Oct 1999

Interview With Gilbert F. Casellas, Lake Srinivasan, Gilbert F. Casellas, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

For transcript, click the Download button above. For video index, click the link below.

Gilbert F. Casellas (L '77) is a lawyer and businessman. He is Chairman of OMNITRU, a Washington, D.C. area investment and consulting firm, a director of Prudential Financial, trustee of the University of Pennsylvania, and advisor to Toyota Motor North America and Comcast Corporation. He is a member of the Council on Foreign Relations and the American Law Institute. From 1994 to 1998 he served as chair of the Equal Employment Opportunity Commission.


Beyond The Rhetoric Of “Dirty Laundry”: Examining The Value Of Internal Criticism Within Progressive Social Movements And Oppressed Communities, Darren Lenard Hutchinson Oct 1999

Beyond The Rhetoric Of “Dirty Laundry”: Examining The Value Of Internal Criticism Within Progressive Social Movements And Oppressed Communities, Darren Lenard Hutchinson

UF Law Faculty Publications

Several historical reasons explain opposition to the airing of internal criticism by scholars and activists within progressive social movements and by members of subordinate communities. Opponents often contend that such criticism might reinforce negative stereotypes of subordinate individuals and that reactionary movements and activists might appropriate and misuse negative portrayals of the oppressed. A related fear holds that internal criticism will dismantle political unity within oppressed communities and progressive social movements, thereby forestalling social change. While these concerns provide some context for understanding the resistance to internal criticism within progressive social movements, I argue in this essay that they do ...


Sharing Space: Why Racial Goodwill Isn't Enough, Sharon E. Rush Oct 1999

Sharing Space: Why Racial Goodwill Isn't Enough, Sharon E. Rush

UF Law Faculty Publications

Racism is understood by most White people to be an attitude of prejudice toward Blacks. In contrast, Blacks define racism more inclusively; it is a system of institutional preferences for Whites, resulting from historically ingrained prejudices Whites have against Blacks. People of goodwill are disinclined to attribute racial connotations to ordinary, everyday negative interactions involving Whites and people of color as long as the Whites are people of goodwill (people who do not think they have prejudiced attitudes). Second, goodwill comfort is important to maintain, causing many Whites to shy away from any discussions about race. People of goodwill have ...


Advancing Tolerance And Equality Using State Constitutions: Are The Boy Scouts Prepared?, Rachel A. Van Cleave Oct 1999

Advancing Tolerance And Equality Using State Constitutions: Are The Boy Scouts Prepared?, Rachel A. Van Cleave

Publications

The traditional United States Supreme Court analysis for determining whether a group may exclude people from membership on the basis of sexual orientation involves a series of either/or choices. For example, in the context of the exclusion of homosexuals by the Boy Scouts of America, one issue is whether the Boy Scouts is a "public accommodation.' Another issue is whether homosexuals constitute a protected class. This Article argues that independent state constitutional analysis of this issue provides an opportunity to avoid the narrowing effects of the traditional dichotomies, and that courts should directly consider the interests of the parties ...


Section 6: Civil Rights, Institute Of Bill Of Rights Law At The William & Mary Law School Sep 1999

Section 6: Civil Rights, Institute Of Bill Of Rights Law At The William & Mary Law School

Supreme Court Preview

No abstract provided.


The Rule 11 Studies And Civil Rights Cases: An Inquiry Into The Neutrality Of Procedural Rules, Mark Spiegel Sep 1999

The Rule 11 Studies And Civil Rights Cases: An Inquiry Into The Neutrality Of Procedural Rules, Mark Spiegel

Boston College Law School Faculty Papers

This article discusses the controversy regarding neutral procedural rules. It focuses on the claim that the 1983 version of Rule 11 had a disproportionate impact upon civil rights cases, thereby violating the norm of procedural neutrality. By looking at this claim about the impact of Rule 11 on civil rights cases, we can evaluate whether the 1983 version of Rule 11 violated the norm of procedural neutrality, and also understand the different ways that the concept of procedural neutrality is used. This exploration will help us understand the larger debate regarding the neutrality of procedural rules and to make connections ...


If Wall Street Is A Dead End, Do Women Fight Or Leave?, The New York Times Aug 1999

If Wall Street Is A Dead End, Do Women Fight Or Leave?, The New York Times

Ann B. Hopkins Papers

No abstract provided.


Insane Fear: The Discriminatory Category Of "Mentally Ill And Dangerous", Sherry F. Colb Jul 1999

Insane Fear: The Discriminatory Category Of "Mentally Ill And Dangerous", Sherry F. Colb

Cornell Law Faculty Publications

This article considers the constitutional and moral implications of the distinction the law draws between different classes of dangerous people, depending upon their status as mentally ill or mentally well. Those who are mentally well benefit from the right to freedom from incarceration unless and until they commit a crime. By contrast, dangerous people who are mentally ill are subject to potentially indefinite "civil" preemptive confinement.

In a relatively recent case, Kansas v. Hendricks, the United States Supreme Court upheld the post-prison civil confinement of Leroy Hendricks, a man who had served prison time after pleading guilty to child molestation ...


Supreme Court To Rule On Student Fees Case, Arthur S. Leonard Jul 1999

Supreme Court To Rule On Student Fees Case, Arthur S. Leonard

Center for LGBTQ Studies (CLAGS)

The U.S. Supreme Court announced March 29 that it will intervene in the "culture wars" raging in academia by considering whether public university students have a constitutional right to block use of their student activity fees by student organizations of which they disapprove. Lesbian and gay studies programs, such as CLAGS, are at the heart of these culture wars, as right-wing groups raise public controversies about the discussion of sexuality in the academy and question the very legitimacy of lesbian and gay studies as an academic discipline.


Fourth Amendment Issues In Section 1983 Litigation, Kathryn R. Urbonya Jul 1999

Fourth Amendment Issues In Section 1983 Litigation, Kathryn R. Urbonya

Faculty Publications

No abstract provided.


"Driving While Black": Corollary Phenomena And Collateral Consequences, Katheryn Russell-Brown May 1999

"Driving While Black": Corollary Phenomena And Collateral Consequences, Katheryn Russell-Brown

UF Law Faculty Publications

In the public arena, issues of race continue to command center stage. The ongoing debates and discussions have raised new questions, while not necessarily answering the old ones. Specifically, the recent dialogues have focused on the role that Blackness plays in today's society. Some assign Blackness a primary role, others believe it is secondary. Still others dismiss it as tertiary. These varied positions, ranging from "race has nothing to do with this" to "race has everything to do with this" have in some ways canceled out any meaningful discussion of racial issues. Each of the racial camps has been ...


Panel Remarks Civil Rights Division Association Symposium: The Civil Rights Division At Forty, Michael A. Middleton Apr 1999

Panel Remarks Civil Rights Division Association Symposium: The Civil Rights Division At Forty, Michael A. Middleton

Faculty Publications

Welcome to all of you to the second of our Symposia. This is the fortieth year of the Civil Rights Division. Our focus this morning will be the Division's past and where it should be going in the future.


Institutional Analysis Of Municipal Liability Under Section 1983, Michael J. Gerhardt Apr 1999

Institutional Analysis Of Municipal Liability Under Section 1983, Michael J. Gerhardt

Faculty Publications

No abstract provided.


There's Nothing Special About Sex: The Supreme Court Mainstreams Sexual Harassment, Rebecca White Apr 1999

There's Nothing Special About Sex: The Supreme Court Mainstreams Sexual Harassment, Rebecca White

Scholarly Works

In this Essay, Professor White argues that the Supreme Court finally has merged analysis of sexual harassment law with other claims of intentional discrimination. Professor White contends that the Court's decision in Meritor Savings Bank, FSB v. Vinson created confusion over the proper analysis of sexual harassment claims by seemingly embracing quid pro quo and hostile work environment theories as distinct forms of discrimination and by suggesting that at least some sexual harassment claims may warrant a revised approach to employer liability. In the wake of Meritor, sexual harassment claims increasingly were evaluated differently from other claims of disparate ...


Why Constitutional Torts Deserve A Book Of Their Own, Michael Wells, Thomas A. Eaton, Sheldon H. Nahmod Apr 1999

Why Constitutional Torts Deserve A Book Of Their Own, Michael Wells, Thomas A. Eaton, Sheldon H. Nahmod

Scholarly Works

Over thirty years ago, Marshall Shapo coined the term "constitutional tort" to denote a suit brought against an official, charging a constitutional violation and seeking damages. In the years since Shapo's pathbreaking article, the number of such suits has grown exponentially. The suits have generated a host of new substantive and remedial issues, yet conventional casebooks on constitutional law and federal courts give little attention to the area. That Professor Shapiro had four books to include in his review of "Civil Rights" casebooks in the Seattle University Law Review is some indication of a demand for teaching materials currently ...


Oppression, Lies, And The Dream Of Autonomy, Judy Scales-Trent Mar 1999

Oppression, Lies, And The Dream Of Autonomy, Judy Scales-Trent

Journal Articles

No abstract provided.


Drum Majors For Justice, F. Michael Higginbotham, José F. Anderson Feb 1999

Drum Majors For Justice, F. Michael Higginbotham, José F. Anderson

All Faculty Scholarship

Many lawyers worked with the legendary Thurgood Marshall to overturn the Supreme Court's infamous separate but equal doctrine, which had permitted racial segregation in schools and public accommodations. But while most Marylanders are aware of Marshall's contribution, few recognize the name of his colleague, William I. Gosnell.

At that time, Gosnell was one of only 32 black lawyers in the state of Maryland. In fact, due to the state's racial segregation policy, both he and Marshall had received scholarships to attend out- of-state law schools. They were denied entry to the University of Maryland because of their ...


The Interplay Of Race And False Claims Of Jury Nullification, Nancy S. Marder Feb 1999

The Interplay Of Race And False Claims Of Jury Nullification, Nancy S. Marder

All Faculty Scholarship

No abstract provided.


The Virginia Human Rights Act: Court's Decision Could Hurt Victims Of Job Discrimination, Susan Grover Jan 1999

The Virginia Human Rights Act: Court's Decision Could Hurt Victims Of Job Discrimination, Susan Grover

Popular Media

No abstract provided.


W. E. B. Du Bois Fbi Files (Foia), William E.B. Du Bois Jan 1999

W. E. B. Du Bois Fbi Files (Foia), William E.B. Du Bois

U.S. Department of Justice Publications and Materials

Covers period 1942-1960.

William Edward Burghardt "W. E. B." Du Bois was an American sociologist, historian, civil rights activist, Pan-Africanist, author, writer and editor.

PDF file is 530 pages.


Charlotte And The American Dilemma, Carl W. Tobias Jan 1999

Charlotte And The American Dilemma, Carl W. Tobias

Law Faculty Publications

Review of Davison Douglas, Reading, Writing and Race: The Desegregation of the Charlotte Schools (1995).


Introduction To Civil Rights Symposium , Brian K. Landsberg Jan 1999

Introduction To Civil Rights Symposium , Brian K. Landsberg

McGeorge School of Law Scholarly Articles

No abstract provided.


Mirabile Dictum! The Case For 'Unnecessary' Constitutional Rulings In Civil Rights Damages Actions, John M. Greabe Jan 1999

Mirabile Dictum! The Case For 'Unnecessary' Constitutional Rulings In Civil Rights Damages Actions, John M. Greabe

Law Faculty Scholarship

This article contends that, for purposes of settling the law, courts entertaining civil rights lawsuits doomed to fail on grounds of qualified immunity should presumably address the question whether the complaint pleads a viable claim that the defendant caused a violation of the plaintiff's federal rights. The article also contends that such "unnecessary" threshold rulings are not dicta.


The Legal Status Of Teachers: A Comparative Study Between The System In The United States And The System In Belgium., Hildegard Ann Schmidt Jan 1999

The Legal Status Of Teachers: A Comparative Study Between The System In The United States And The System In Belgium., Hildegard Ann Schmidt

LLM Theses and Essays

The legal status of the teacher refers to his life both inside and outside the classroom. The most obvious part of his job is teaching, which consists of the passing of knowledge to his students. Yet before he enters the classroom, there are issues to be resolved. For instance, the nature of the employment contract must be determined. Since job security is a substantial matter, the teacher needs to know whether the employment contract is at will. If it is not an at-will contract, the reasons for dismissal should be clearly established. The teacher also will be concerned about the ...


Compulsory Arbitration Of Discrimination Claims And The Civil Rights Act Of 1991: Encouraged Or Proscribed?, Mark Adams Jan 1999

Compulsory Arbitration Of Discrimination Claims And The Civil Rights Act Of 1991: Encouraged Or Proscribed?, Mark Adams

Articles

No abstract provided.


Looking At Communities And Markets, Lan Cao Jan 1999

Looking At Communities And Markets, Lan Cao

Faculty Publications

No abstract provided.


Market Work And Family Work In The 21st Century, Joan C. Williams Jan 1999

Market Work And Family Work In The 21st Century, Joan C. Williams

Faculty Scholarship

No abstract provided.


Is Law An Art Or A Science?: Comments On Objectivity, Feminism, And Power, Joan C. Williams Jan 1999

Is Law An Art Or A Science?: Comments On Objectivity, Feminism, And Power, Joan C. Williams

Faculty Scholarship

No abstract provided.


Do Wives Own Half? Winning For Wives After Wendt, Joan C. Williams Jan 1999

Do Wives Own Half? Winning For Wives After Wendt, Joan C. Williams

Faculty Scholarship

No abstract provided.


Tribute To Curt Berger, Joan C. Williams Jan 1999

Tribute To Curt Berger, Joan C. Williams

Faculty Scholarship

No abstract provided.