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

Law Commons

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

Series

Civil Rights and Discrimination

2011

Institution
Keyword
Publication
File Type

Articles 1 - 30 of 185

Full-Text Articles in Law

Amicus Curiae Brief On Behalf Of The Fred T. Korematsu Center For Law And Equality, In Support Of Neither Party, Robert S. Chang, Lorraine K. Bannai, Robert C. Boruchowitz, David A. Perez Dec 2011

Amicus Curiae Brief On Behalf Of The Fred T. Korematsu Center For Law And Equality, In Support Of Neither Party, Robert S. Chang, Lorraine K. Bannai, Robert C. Boruchowitz, David A. Perez

Fred T. Korematsu Center for Law and Equality

Civil Rights Amicus Brief Project


The Genetic Information Nondiscrimination Act (Gina): Public Policy And Medical Practice In The Age Of Personalized Medicine, Eric A. Feldman Dec 2011

The Genetic Information Nondiscrimination Act (Gina): Public Policy And Medical Practice In The Age Of Personalized Medicine, Eric A. Feldman

Faculty Scholarship at Penn Law

Survey data suggest that many people fear genetic discrimination by health insurers or employers. In fact, such discrimination has not yet been a significant problem. This article examines the fear and reality of genetic discrimination in the United States, describes how Congress sought to prohibit such discrimination by passing the Genetic Information Nondiscrimination Act of 2008 (GINA), and explores the implications of GINA for general internists and their institutions. It concludes that medical providers and health care institutions must be familiar with the general intent and specific terms of GINA, and should continue to collect genetic information that can contribute ...


Amici Curiae Brief On Behalf Of The Fred T. Korematsu Center For Law And Equality, The Latina/O Bar Association Of Washington, And The Loren Miller Bar Association, In Support Of Petitioner, Robert S. Chang, Lorraine K. Bannai, Robert C. Boruchowitz, David A. Perez Dec 2011

Amici Curiae Brief On Behalf Of The Fred T. Korematsu Center For Law And Equality, The Latina/O Bar Association Of Washington, And The Loren Miller Bar Association, In Support Of Petitioner, Robert S. Chang, Lorraine K. Bannai, Robert C. Boruchowitz, David A. Perez

Fred T. Korematsu Center for Law and Equality

No abstract provided.


Talking About Race And Equality, Sharon E. Rush Dec 2011

Talking About Race And Equality, Sharon E. Rush

UF Law Faculty Publications

Lots of people of different races are increasingly uncomfortable talking about race. They prefer to function in a colorblind society where they insist that race is irrelevant. Not surprisingly, the concept of racial silencing is consistent with the concept of colorblindness. Logically, it seems impossible to talk about race if we are not even supposed to see it. The idea seems to be that if people who believe in racial equality magically stopped seeing and talking about race they could avoid the negativity surrounding racial issues and just hope that the inequality would fix itself. But we know that if ...


The R-Word: A Tribute To Derrick Bell, Kenneth B. Nunn Dec 2011

The R-Word: A Tribute To Derrick Bell, Kenneth B. Nunn

UF Law Faculty Publications

Racism has become the “R-word,” an allegation that is so outrageous that it cannot even be spoken in public, let alone seriously addressed. In this brief exploration, I propose that it is exactly because racism continues to loom large in American society that talking about it has become taboo. In other words, banning the “R-word” serves a political function. It masks the failure of American society to confront the existence of racism and do something about its effects. Derrick Bell's path breaking work can be used to show why the focus of race discourse has moved from debating over ...


Sexual Epistemology And Bisexual Exclusion: A Response To Russell Robinson's "Masculinity As Prison: Race, Sexual Identity, And Incarceration", Michael Boucai Dec 2011

Sexual Epistemology And Bisexual Exclusion: A Response To Russell Robinson's "Masculinity As Prison: Race, Sexual Identity, And Incarceration", Michael Boucai

Journal Articles

No abstract provided.


What One Lawyer Can Do For Society: Lessons From The Remarkable Career Of William P. Homans, Jr., Mark S. Brodin Dec 2011

What One Lawyer Can Do For Society: Lessons From The Remarkable Career Of William P. Homans, Jr., Mark S. Brodin

Boston College Law School Faculty Papers

William P. Homans Jr. was an iconic civil liberties and criminal defense lawyer who mentored generations of younger lawyers that followed in his path. He appeared in cases that defined his times, from representing targets of the McCarthy-era inquisitions of the 1950s, to defending publishers of books like Tropic of Cancer when the authorities sought to suppress them, to serving on the defense team in the conspiracy trial of internationally-renowned pediatrician Benjamin Spock and four other leaders of the anti-Vietnam-War movement, to defending a doctor charged with manslaughter arising from an abortion he performed soon after Roe v. Wade legalized ...


Petition For A Writ Of Certiorari. Dellinger V. Science Applications International Corp. (No. 11-598), 2011 U.S. S. Ct. Briefs Lexis 2153, Eric Schnapper, Zachary A. Kitts, John J. Rigby Nov 2011

Petition For A Writ Of Certiorari. Dellinger V. Science Applications International Corp. (No. 11-598), 2011 U.S. S. Ct. Briefs Lexis 2153, Eric Schnapper, Zachary A. Kitts, John J. Rigby

Court Briefs

QUESTIONS PRESENTED (1) Does the anti-retaliation provision in section 15(a)(3) of the Fair Labor Standards Act apply to retaliation by an employer against a job applicant? (2) Is the private cause action provided by section 16(b) of the FLSA available to a job applicant who is retaliated against by an employer?


Ows, Discourse, And Narratives, Timothy Zick Oct 2011

Ows, Discourse, And Narratives, Timothy Zick

Popular Media

No abstract provided.


Ows And The Constitution, Timothy Zick Oct 2011

Ows And The Constitution, Timothy Zick

Popular Media

No abstract provided.


Trans-Border Exclusion And Execution, Timothy Zick Oct 2011

Trans-Border Exclusion And Execution, Timothy Zick

Popular Media

No abstract provided.


Petition For A Writ Of Certiorari. Opp V. Office Of The State's Attorney Of Cook County, 565 U.S. 815 (2011) (No. 10-1163), 2011 U.S. Lexis 6893, Eric Schnapper, Brian R. Holman, Dennis H. Stefanowicz, Tara Beth Davis, Susan Bogart Oct 2011

Petition For A Writ Of Certiorari. Opp V. Office Of The State's Attorney Of Cook County, 565 U.S. 815 (2011) (No. 10-1163), 2011 U.S. Lexis 6893, Eric Schnapper, Brian R. Holman, Dennis H. Stefanowicz, Tara Beth Davis, Susan Bogart

Court Briefs

QUESTION PRESENTED Five major federal employment statutes, including in this case the Age Discrimination in Employment Act, exclude certain government workers "at the policymaking level" from the definition of employees protected by those laws. The question presented is: who is a worker "on the policymaking level"?


Sustaining A Movement, Timothy Zick Oct 2011

Sustaining A Movement, Timothy Zick

Popular Media

No abstract provided.


Amici Curiae Brief On Behalf Of The Fred T. Korematsu Center For Law And Equality, The Asian Bar Association Of Washington, The Pacific Northwest District Of The Japanese American Citizens League, And The Vietnamese Bar Association Of Washington, In Support Of Petitioner, Lorraine K. Bannai, David A. Perez, Counsel For Amici Curiae Oct 2011

Amici Curiae Brief On Behalf Of The Fred T. Korematsu Center For Law And Equality, The Asian Bar Association Of Washington, The Pacific Northwest District Of The Japanese American Citizens League, And The Vietnamese Bar Association Of Washington, In Support Of Petitioner, Lorraine K. Bannai, David A. Perez, Counsel For Amici Curiae

Fred T. Korematsu Center for Law and Equality

Civil Rights Amicus Brief Project


A Brave New World Of Stop And Frisk, Ronald J. Bacigal Oct 2011

A Brave New World Of Stop And Frisk, Ronald J. Bacigal

Law Faculty Publications

In this article, the author Ron Bacigal discusses the editorials, The Shame of New York by Bob Herbert and Fighting Crime Where the Criminals Are by Heather MacDonald. These editorials were prompted by the New York City Police Department's release of figures regarding "stop and frisk" incidents within New York City.' MacDonald and Herbert reacted to the same statistical report by putting two very different spins on the raw data. While it's always helpful to compile empirical evidence, Bacigal suggests that we also need to look beyond the mere numbers. If you put aside anecdotal versions of encounters ...


How To Sever The Legs Of An Octopus: Tunisia’S Ongoing Revolution, Matthew Hammel Oct 2011

How To Sever The Legs Of An Octopus: Tunisia’S Ongoing Revolution, Matthew Hammel

Independent Study Project (ISP) Collection

The Kasbah square is large and covered in barbwire. Military men stand on the inside of the fence cradling automatic rifles, joking, chatting, texting on their cell phones. Coming out from the bustle of the souks the square feels tranquil. It is September, seven months since the square became a temporary home to thousands of protestors who demanded the end of oppressive government in Tunisia. It was here that the Tunisian people solidified their revolution, refusing to be appeased by the flight of a figurehead while the tentacles of his regime remained.

Ben Ali ruled Tunisia for twenty-three years. During ...


Disparate Impact Realism, Amy L. Wax Oct 2011

Disparate Impact Realism, Amy L. Wax

Faculty Scholarship at Penn Law

In Ricci v. DeStefano, 129 S. Ct. 2658 (2009), the Supreme Court recently reaffirmed the doctrine, first articulated by the Court in Griggs v. Duke Power Company, 401 U.S. 424 (1971), that employers can be held liable under Title VII of the 1964 Civil Rights Act for neutral personnel practices with a disparate impact on minority workers. The Griggs Court further held that employers can escape liability by showing that their staffing practices are job related or consistent with business necessity.

In the interim since Griggs, social scientists have generated evidence undermining two key assumptions behind that decision and ...


Educating Prosecutors And Supreme Court Justices About Brady V. Maryland, Bennett L. Gershman Oct 2011

Educating Prosecutors And Supreme Court Justices About Brady V. Maryland, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

The author reviews the Supreme Court decision in Connick v. Thompson and provides a course outline, including problems, for training prosecutors on their duty to disclose materially favorable evidence to the defendant under Brady v. Maryland.


Assessment Of International Efforts To Protect The Rights Of Unaccompanied Minors, Kyla Gaines Oct 2011

Assessment Of International Efforts To Protect The Rights Of Unaccompanied Minors, Kyla Gaines

Independent Study Project (ISP) Collection

Children’s rights have been violated for centuries. These violations of children’s rights may include but are not limited to a child's access to education, adequate food or quality health care. Over the last few years there have been a rising number of prevalent issues that impact children, including trafficking, slave labor, and unaccompanied minors (UAM) migrating from their countries of origin to new host states in North America and Europe. The issue of unaccompanied minors migrating to Europe has been prevalent for years. "In most EU member states arrivals started during the 1990's. I'd say ...


Proving Racial Discrimination And Monitoring Fair Lending Compliance: The Missing Data Problem In Nonmortgage Credit, Winnie F. Taylor Oct 2011

Proving Racial Discrimination And Monitoring Fair Lending Compliance: The Missing Data Problem In Nonmortgage Credit, Winnie F. Taylor

Faculty Scholarship

No abstract provided.


Same-Sex Marriage, Second-Class Citizenship, And Law's Social Meanings, Michael C. Dorf Oct 2011

Same-Sex Marriage, Second-Class Citizenship, And Law's Social Meanings, Michael C. Dorf

Cornell Law Faculty Publications

Government acts, statements, and symbols that carry the social meaning of second-class citizenship may, as a consequence of that fact, violate the Establishment Clause or the constitutional requirement of equal protection. Yet social meaning is often contested. Do laws permitting same-sex couples to form civil unions but not to enter into marriage convey the social meaning that gays and lesbians are second-class citizens? Do official displays of the Confederate battle flag unconstitutionally convey support for slavery and white supremacy? When public schools teach evolution but not creationism, do they show disrespect for creationists? Different audiences reach different conclusions about the ...


How Myth-Busting About The Historical Goals Of Civil Rights Activism Can Illuminate Paths For The Future, Susan Carle Oct 2011

How Myth-Busting About The Historical Goals Of Civil Rights Activism Can Illuminate Paths For The Future, Susan Carle

Articles in Law Reviews & Other Academic Journals

This article considers four myths about the history of civil rights activism, taht have tended to cloud assessments about current current civil rights law and its potential future directions. I argue that correcting those myths can help illunundile promising paths for the future. In each instance, alternative historical narrative routes for further development of core principles of civil rights law, including further theoretical and practical work to pursue long-standing concepts of structural discrimination, the promise of experimentalist approaches to regulation and enforcement, increased interdisciplinary colaboration between law and other social science fields, and more focus on matters of economic inequality ...


Pepper-Spraying Of Wall Street Protesters Under Investigation, Timothy Zick Sep 2011

Pepper-Spraying Of Wall Street Protesters Under Investigation, Timothy Zick

Popular Media

No abstract provided.


More On The Wall Street Protest, Timothy Zick Sep 2011

More On The Wall Street Protest, Timothy Zick

Popular Media

No abstract provided.


Arab Spring On Wall Street?, Timothy Zick Sep 2011

Arab Spring On Wall Street?, Timothy Zick

Popular Media

No abstract provided.


The Summer Of Discontent: Creative Repertoires Of Public Protest, Timothy Zick Sep 2011

The Summer Of Discontent: Creative Repertoires Of Public Protest, Timothy Zick

Popular Media

No abstract provided.


Front Matters - Vol. 11, No. 1, Connecticut Public Interest Law Journal Sep 2011

Front Matters - Vol. 11, No. 1, Connecticut Public Interest Law Journal

Connecticut Public Interest Law Journal

No abstract provided.


The Law Of Reputation And The Interest Of The Audience, Laura A. Heymann Sep 2011

The Law Of Reputation And The Interest Of The Audience, Laura A. Heymann

Faculty Publications

Although an individual has control over many of the statements, acts, and other biographical data points that are used to construct her reputation, she does not ultimately have control over the result of that reputational assessment, the pronouncement of which is a task reserved to others. Reputation is fundamentally a social concept; it does not exist until a community collectively forms a judgment about an individual or firm that has the potential to guide the community’s future interactions. Despite reputation’s relational nature, discussions of the law’s interest in reputation tend to focus on one of two parties ...


Post Racialism?, André Douglas Pond Cummings Aug 2011

Post Racialism?, André Douglas Pond Cummings

Faculty Scholarship

The 2008 election of President Barack Obama represents a halcyon moment in U.S. history. President Obama’s election begs a critical question: whether his nationwide landslide victory catapulted the United States, with its sordid racial past, into a truly post-racial place as many claim. While Obama’s election was possible due to important changes that have taken place in the United States in the past fifty years, the reality is that profound disparities continue to exist between minority and white Americans that show no sign of dissipating during this Obama presidency. Of these profound disparities, some of the most ...


Eminent Domain And Racial Discrimination: A Bogus Equation, J. Peter Byrne Aug 2011

Eminent Domain And Racial Discrimination: A Bogus Equation, J. Peter Byrne

Georgetown Law Faculty Publications and Other Works

This paper is a transcript of testimony by Professor J. Peter Byrne before the U.S. Civil Rights Commission on August 12, 2011.

This hearing addresses claims that the use of eminent domain for economic development unfairly and disproportionately harms racial and ethnic minorities. These claims draw on the history of urban renewal prior to the 1960’s, when many African Americans and others were displaced by publicly funded projects that bulldozed their homes in largely failed attempts to modernize cities. Justice Clarence Thomas’s dissent in Kelo v. City of New London further argued that the use of eminent ...