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Civil Rights and Discrimination

2012

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Articles 1 - 30 of 174

Full-Text Articles in Law

Brief Of Amici Curiae Karen And Ken Korematsu; Holly, Iris, And Laurel Dee Yasui; Jay Hirabayashi; Sharon Mitsu Yuen; And Marion Setsu Oldenburg In Support Of Plaintiffs-Appellees And Affirmance, Fred T. Korematsu Center For Law And Equality, Counsel For Amici Curiae, Lorraine Bannai Dec 2012

Brief Of Amici Curiae Karen And Ken Korematsu; Holly, Iris, And Laurel Dee Yasui; Jay Hirabayashi; Sharon Mitsu Yuen; And Marion Setsu Oldenburg In Support Of Plaintiffs-Appellees And Affirmance, Fred T. Korematsu Center For Law And Equality, Counsel For Amici Curiae, Lorraine Bannai

Fred T. Korematsu Center for Law and Equality

Hedges v. Obama


Mary D. Branch, Plaintiff-Appellant, V. Officer Timothy Gorman, Et Al., Defandants-Appellants: Brief Of Appellant, Patricia E. Roberts, Pamela Palmer, Alexa Roggenkamp, Tillman J. Breckenridge, Robert M. Luck Iii Dec 2012

Mary D. Branch, Plaintiff-Appellant, V. Officer Timothy Gorman, Et Al., Defandants-Appellants: Brief Of Appellant, Patricia E. Roberts, Pamela Palmer, Alexa Roggenkamp, Tillman J. Breckenridge, Robert M. Luck Iii

Appellate and Supreme Court Clinic

No abstract provided.


Commentary On Marriage Grants: Article Iii & Same-Sex Marriage, Neal Devins, Tara Leigh Grove Dec 2012

Commentary On Marriage Grants: Article Iii & Same-Sex Marriage, Neal Devins, Tara Leigh Grove

Popular Media

No abstract provided.


Fisher's Fishing Expedition, Vinay Harpalani Dec 2012

Fisher's Fishing Expedition, Vinay Harpalani

All Faculty Scholarship

This Essay delves into the Supreme Court oral arguments in Fisher v. Texas, which occurred on October 10, 2012. It examines the exchanges between the advocates and Justices, focusing on the meaning of 'critical mass' and the quest for total race neutrality in UT admissions. It argues that both of these are futile endeavors and unnecessary to decide Fisher. The entire Fisher case is a fishing expedition - albeit one that might reel in race-conscious admissions.


Civil Rights, Charter Schools, And Lessons To Be Learned, Derek W. Black Dec 2012

Civil Rights, Charter Schools, And Lessons To Be Learned, Derek W. Black

Faculty Publications

Two major structural shifts have occurred in education reform in the past two decades: the decline of civil rights reforms and the rise of charter schools. Courts and policy makers have relegated traditional civil rights reforms that address segregation, poverty, disability, and language barriers to near irrelevance, while charter schools and policies supporting their creation and expansion have rapidly increased and now dominate federal policy. Advocates of traditional civil rights reforms interpret the success of charter schools as a threat to their cause, and, consequently, have fought the expansion of charter schools. This Article argues that the civil rights community ...


Lifting The Fog: Ending Felony Disenfranchisement In Virginia, Dori Elizabeth Martin Nov 2012

Lifting The Fog: Ending Felony Disenfranchisement In Virginia, Dori Elizabeth Martin

Law Student Publications

This comment explores how Virginia's disenfranchisement law originated, how it has managed to survive throughout Virginia's history, and whether it may be vulnerable to various legal challenges. Part II outlines the history of felony disenfranchisement in Virginia. Part III analyzes common policy justifications for the current law and discusses the widely held beliefs about the role of race in the law's inception. Part IV examines legal challenges to similar laws in the federal courts and evaluates the potential for success of comparable challenges in Virginia. Part V looks to recent attempts at enacting solutions at the state ...


Muslims And Religious Liberty In The Era Of 9/11: Empirical Evidence From The Federal Courts, Gregory C. Sisk, Michael Heise Nov 2012

Muslims And Religious Liberty In The Era Of 9/11: Empirical Evidence From The Federal Courts, Gregory C. Sisk, Michael Heise

Cornell Law Faculty Publications

In our continuing empirical study of religious-liberty decisions in the federal courts, American Muslims were at a distinct and substantial disadvantage in raising free exercise or accommodation claims between 1996 and 2005. With other variables held constant, the likelihood of success for non-Muslim claimants in Religious Free Exercise claims was 38%, while the probability of success for Muslim claimants fell to 22% (with an even higher disparity among court of appeals judges). In sum, Muslim claimants enjoyed only about half the chance to receive accommodation of their religious beliefs and practices as did claimants from other religious communities.

Drawing on ...


The Legal Revolution In American Women’S Rights—And The Problems That Remain, Sonia Pressman Fuentes Oct 2012

The Legal Revolution In American Women’S Rights—And The Problems That Remain, Sonia Pressman Fuentes

Avon Global Center for Women and Justice and Dorothea S. Clarke Program in Feminist Jurisprudence

No abstract provided.


Originalism And The Other Desegregation Decision, Ryan C. Williams Oct 2012

Originalism And The Other Desegregation Decision, Ryan C. Williams

Faculty Scholarship at Penn Law

Critics of originalist approaches to constitutional interpretation often focus on the “intolerable” results that originalism would purportedly require. Although originalists have disputed many such claims, one contention that they have been famously unable to answer satisfactorily is the claim that their theory is incapable of justifying the Supreme Court’s famous 1954 decision in Bolling v. Sharpe. Decided the same day as Brown v. Board of Education, Bolling is the case that is most closely associated with the Supreme Court’s so-called “reverse incorporation” doctrine, which interprets the Due Process Clause of the Fifth Amendment as if it effectively "incorporates ...


With Religious Liberty For All: A Defense Of The Affordable Care Act's Contraception Coverage Mandate, Frederick Mark Gedicks Oct 2012

With Religious Liberty For All: A Defense Of The Affordable Care Act's Contraception Coverage Mandate, Frederick Mark Gedicks

Faculty Scholarship

The “contraception mandate” of the Patient Protection and Affordable Care Act of 2010 poses a straightforward question for religious liberty jurisprudence: Must government excuse a believer from complying with a religiously burdensome law, when doing so would violate the liberty of others by imposing on them the costs and consequences of religious beliefs that they do not share? To ask this question is to answer it: One's religious liberty does not include the right to interfere with the liberty of others, and thus religious liberty may not be used by a religious employer to force employees to pay the ...


Abandoning Women To Their Rights: What Happens When Feminist Jurisprudence Ignores Birthing Rights, Rebecca A. Spence Oct 2012

Abandoning Women To Their Rights: What Happens When Feminist Jurisprudence Ignores Birthing Rights, Rebecca A. Spence

Student Articles and Papers

The goals of the Article are twofold. First, this Article will demonstrate that while birthing rights issues have been familiar areas of concern for feminist scholarship on women's rights to privacy and equality, neglecting to integrate this work into the law school classroom fails to promote effective legal advocacy for pregnant women. The violation of women's rights during childbirth is a more common problem than reported legal opinions indicate, and few lawyers are prepared to protect clients prospectively or to vindicate women's rights post-childbirth.


Riding Into The Sunset In A "Post-Racial" World: Lessons In Equal Educational Opportuity And College Admissions Schemes In France And The United States, Kristen Barnes Oct 2012

Riding Into The Sunset In A "Post-Racial" World: Lessons In Equal Educational Opportuity And College Admissions Schemes In France And The United States, Kristen Barnes

Akron Law Publications

The purpose of this paper is to evaluate and compare two strategies designed to promote ethno-racial inclusion that were initiated in France and the United States in the context of higher education. In particular, I examine the Priority Education Agreements Program or CEP, an innovative affirmative action program which was implemented in 2001 by the Sciences Po, one of France’s elite universities, in relation to the Texas Ten Percent Plan that was established in 1997 in the United States by the State of Texas.

Sections I and II of this paper will provide the historical and social contexts in ...


"Alien" Litigation As Polity-Participation: The Positive Power Of A "Voteless Class Of Litigants", Daniel Kanstroom Oct 2012

"Alien" Litigation As Polity-Participation: The Positive Power Of A "Voteless Class Of Litigants", Daniel Kanstroom

Boston College Law School Faculty Papers

From the introduction:

The framing title of this Symposium—Noncitizen Participation in the American Polity—seems to present an obvious contradiction: How can noncitizens, who are by legal definition “aliens” and often seen as “outsiders;” who are frequently described as lacking full “membership” in society; and who rarely, if ever, have the right to vote, participate in the polity? In particular, can the undocumented—who by definition have violated U.S. law, who face the existential epithet of being “illegal aliens,” and who have been well-described as living under “a regime of enforced invisibility”—possibly do so? Are they even ...


Brief Of Amicus Curiae, Fred T. Korematsu Center For Law And Equality In Support Of Petitioner, Robert Chang, Fred T. Korematsu Center For Law And Equality Sep 2012

Brief Of Amicus Curiae, Fred T. Korematsu Center For Law And Equality In Support Of Petitioner, Robert Chang, Fred T. Korematsu Center For Law And Equality

Fred T. Korematsu Center for Law and Equality

State v. Garcia-Bueno


Section 7: Gay Rights, Institute Of Bill Of Rights Law At The William & Mary Law School Sep 2012

Section 7: Gay Rights, Institute Of Bill Of Rights Law At The William & Mary Law School

Supreme Court Preview

No abstract provided.


Petition For A Writ Of Certiorari. Brush V. Sears Holding Corp., 568 U.S. 1143 (2013) (No. 12-268), 2013 U.S. Lexis 925, Eric W. Scharf, Wayne R. Atkins, Eric Schnapper, Brian D. Buckstein Aug 2012

Petition For A Writ Of Certiorari. Brush V. Sears Holding Corp., 568 U.S. 1143 (2013) (No. 12-268), 2013 U.S. Lexis 925, Eric W. Scharf, Wayne R. Atkins, Eric Schnapper, Brian D. Buckstein

Court Briefs

QUESTION PRESENTED

Section 704(a) of Title VII prohibits an employer from retaliating against an employee because he or she opposed discrimination forbidden by Title VII. The lower courts are divided as to how such anti-retaliation provisions apply to management officials, such as personnel or EEO officials, whose duties include assuring compliance with Title VII or implementing an employer’s anti-discrimination policy.

The question presented is: Are management officials: (1) subject to exclusion from protection under section 704(a) if their actions are within the scope of their official duties (the rule in the Fifth, Eighth, Tenth and Eleventh Circuits ...


Justice For Girls: Are We Making Progress?, Francine Sherman Aug 2012

Justice For Girls: Are We Making Progress?, Francine Sherman

Boston College Law School Faculty Papers

Over the course of more than a century, structural gender bias has been a remarkably durable feature of United States juvenile justice systems. Consequently, as these systems have developed over the years, reducing gender bias and addressing girls in helpful, rather than harmful, ways has required specific and concerted efforts on the part of federal and state governments. Currently, there are a number of positive trends in juvenile justice, including policy and practice that is increasingly developmentally centered and data-driven. The question for those focused on girls in the juvenile justice system is how to ensure that girls are the ...


Prison, Foster Care, And The Systemic Punishment Of Black Mothers, Dorothy E. Roberts Aug 2012

Prison, Foster Care, And The Systemic Punishment Of Black Mothers, Dorothy E. Roberts

Faculty Scholarship at Penn Law

This article is part of a UCLA Law Review symposium, “Overpoliced and Underprotected: Women, Race, and Criminalization.” It analyzes how the U.S. prison and foster care systems work together to punish black mothers in a way that helps to preserve race, gender, and class inequalities in a neoliberal age. The intersection of these systems is only one example of many forms of overpolicing that overlap and converge in the lives of poor women of color. I examine the statistical overlap between the prison and foster care populations, the simultaneous explosion of both systems in recent decades, the injuries that ...


Families Of Color In Crisis: Bearing The Weight Of The Financial Market Meltdown, André Douglas Pond Cummings Jul 2012

Families Of Color In Crisis: Bearing The Weight Of The Financial Market Meltdown, André Douglas Pond Cummings

Faculty Scholarship

The financial market crisis of 2008 landed heaviest and hardest upon communities of color. In the minority communities that continue to bear the crushing weight of this crisis—which continues unrequited—women of color, and by extension, their families, are by far the group most devastated by the global market meltdown. In an ultimate irony, most economists, scholars, and commentators now agree that the collapse, which continues to ravage Main Street, was caused primarily by a select group of privileged white men–i.e., Wall Street executives, bankers, and the politicians purchased by Wall Street largess. The impact of Wall ...


Bush V. Gore: The Worst (Or At Least Second-To-The-Worst) Supreme Court Decision Ever, Mark S. Brodin Jul 2012

Bush V. Gore: The Worst (Or At Least Second-To-The-Worst) Supreme Court Decision Ever, Mark S. Brodin

Boston College Law School Faculty Papers

In the stiff competition for worst Supreme Court decision ever, two candidates stand heads above the others for the simple reason that they precipitated actual fighting wars in their times. By holding that slaves, as mere chattels, could not sue in court and could never be American citizens, and further invalidating the Missouri Compromise, which had prohibited slavery in new territories, Dred Scott v. Sanford charted the course to secession and Civil War four years later. By disenfranchising Florida voters and thereby appointing popular-vote loser George W. Bush as President, Bush v. Gore set in motion events which would lead ...


Brief Of Amici Curiae The Defender Initiative And Aclu Of South Carolina, The Defender Initiative, Aclu Of South Carolina, Robert C. Boruchowitz Jun 2012

Brief Of Amici Curiae The Defender Initiative And Aclu Of South Carolina, The Defender Initiative, Aclu Of South Carolina, Robert C. Boruchowitz

Fred T. Korematsu Center for Law and Equality

Brief of Amici Curiae The Defender Initiative and ACLU of South Carolina


Petition For A Writ Of Certiorari. Lawson V. Fmr Llc, 134 S. Ct. 1158 (2014) (No. 12-3), 2012 U.S. S. Ct. Briefs Lexis 2827, Eric Schnapper, Indira Talwani, Kevin G. Powers Jun 2012

Petition For A Writ Of Certiorari. Lawson V. Fmr Llc, 134 S. Ct. 1158 (2014) (No. 12-3), 2012 U.S. S. Ct. Briefs Lexis 2827, Eric Schnapper, Indira Talwani, Kevin G. Powers

Court Briefs

QUESTION PRESENTED Section 806 of the Sarbanes-Oxley Act, 18 U.S.C. § 1514A, forbids a publicly traded company, a mutual fund, or “any ... contractor [or] subcontractor ... of such company [to] ... discriminate against an employee in the terms and conditions of employment because of” certain protected activity. (Emphasis added). The First Circuit held that under section 1514A such contractors and subcontractors, if privately-held, may retaliate against their own employees, and are prohibited only from retaliating against employees of the public companies with which they work. The question presented is: Is an employee of a privately-held contractor or subcontractor of a public ...


Plaintiff-Appellant's Replacement Reply Brief, Anjana Malhotra, Robert Chang, Fred T. Korematsu Center For Law And Equality, Ronald A. Peterson Law Clinic Jun 2012

Plaintiff-Appellant's Replacement Reply Brief, Anjana Malhotra, Robert Chang, Fred T. Korematsu Center For Law And Equality, Ronald A. Peterson Law Clinic

Fred T. Korematsu Center for Law and Equality

Hoisington v. Williams


Tying The Knot: Determining The Legality Of Same-Sex Marriage And The Courts’ Responsibilities In Defining The Right, Eva Cerreta May 2012

Tying The Knot: Determining The Legality Of Same-Sex Marriage And The Courts’ Responsibilities In Defining The Right, Eva Cerreta

Honors Scholar Theses

Ambiguous terms and phrases in the United States Bill of Rights have caused a great deal of controversy throughout United States history over what rights truly exist and which branch of government should be responsible for determining those rights. These questions are currently being debated in states throughout the country concerning the right to same-sex marriage. This thesis answers these questions of legality and responsibility concerning the right to same-sex marriage. The thesis uses case law of the doctrinal development of the Equal Protection Clause and the right to privacy to suggest that the Equal Protection Clause provides the soundest ...


Plaintiff-Appellant's Opening Replacement Brief, Anjana Malhotra, Robert Chang, Ronald A. Peterson Law Clinic, Fred T. Korematsu Center For Law And Equality May 2012

Plaintiff-Appellant's Opening Replacement Brief, Anjana Malhotra, Robert Chang, Ronald A. Peterson Law Clinic, Fred T. Korematsu Center For Law And Equality

Fred T. Korematsu Center for Law and Equality

Hoisington v. Williams


"If The Plaintiffs Are Right, Grutter Is Wrong": Why Fisher V. University Of Texas Presents An Opportunity For The Supreme Court To Overturn A Flawed Decision, Brooks H. Spears May 2012

"If The Plaintiffs Are Right, Grutter Is Wrong": Why Fisher V. University Of Texas Presents An Opportunity For The Supreme Court To Overturn A Flawed Decision, Brooks H. Spears

Law Student Publications

The constitutionality of affirmative action in America's public higher education institutions ("HEIs") gained prominence in the late 1970s with the Supreme Court's decision in Regents of the University of California v. Bakke. The Bakke decision was less than clear, but it provided the framework in which HEls formulated their admission policies regarding the use of race. Nevertheless, the law regarding affirmative action remained unsettled, and the circuits remained split.


Sexual Liberty And Same-Sex Marriage: An Argument From Bisexuality, Michael Boucai May 2012

Sexual Liberty And Same-Sex Marriage: An Argument From Bisexuality, Michael Boucai

Journal Articles

In Lawrence v. Texas (2003), the U.S. Supreme Court recognized a right to choose homosexual relations and relationships. Same-sex marriage bans unconstitutionally burden this right because they have the purpose and effect of channeling individuals into heterosexual relations and relationships. Bisexuals are in the best position to raise this claim because they share homosexuals’ interest in the freedom to choose same-sex partners, yet are more easily steered toward different-sex partners by marriage’s enormous prestige and benefits.

An argument from bisexuality for same-sex marriage refutes on normative rather than empirical grounds what this article calls “the politics of containment ...


Amicus Curiae Brief Of The Washington Defender Association, The Washington Association Of Criminal Defense Lawyers, The Northwest Immigrant Rights Project, Oneamerica, Fred T. Korematsu Center For Law And Equality, And The Washington Chapter Of The American Immigration Lawyers Association, In Support Of Appellant's Motion For Reconsideration, Fred T. Korematsu Center For Law And Equality Apr 2012

Amicus Curiae Brief Of The Washington Defender Association, The Washington Association Of Criminal Defense Lawyers, The Northwest Immigrant Rights Project, Oneamerica, Fred T. Korematsu Center For Law And Equality, And The Washington Chapter Of The American Immigration Lawyers Association, In Support Of Appellant's Motion For Reconsideration, Fred T. Korematsu Center For Law And Equality

Fred T. Korematsu Center for Law and Equality

State v. Cervantes


Brief Of Amici Curiae, Fred T. Korematsu Center For Law And Equality, Oneamerica, Northwest Immigrant Rights Project, Asian Counseling & Referral Service, Korean American Bar Association Of Washington, Middle Eastern Legal Association Of Washington, And Dr. Daryl Fujii In Support Of Appellant, Attorneys For Amicus Curiae, Fred T. Korematsu Center For Law And Equality Apr 2012

Brief Of Amici Curiae, Fred T. Korematsu Center For Law And Equality, Oneamerica, Northwest Immigrant Rights Project, Asian Counseling & Referral Service, Korean American Bar Association Of Washington, Middle Eastern Legal Association Of Washington, And Dr. Daryl Fujii In Support Of Appellant, Attorneys For Amicus Curiae, Fred T. Korematsu Center For Law And Equality

Fred T. Korematsu Center for Law and Equality

State v. Sisouvanh


A Journey From The Heart Of Apartheid Darkness Towards A Just Society: Salient Features Of The Budding Constitutionalism And Jurisprudence Of South Africa, Dikgang Moseneke Apr 2012

A Journey From The Heart Of Apartheid Darkness Towards A Just Society: Salient Features Of The Budding Constitutionalism And Jurisprudence Of South Africa, Dikgang Moseneke

Philip A. Hart Memorial Lecture

On April 4, 2012, Deputy Chief Justice Dikgang Moseneke of the Republic of South Africa delivered the Georgetown Law Center’s thirty-second annual Philip A. Hart Lecture: “A Journey from the Heart of Apartheid Darkness towards a Just Society: Salient Features of the Budding Constitutionalism and Jurisprudence of South Africa.”

Moseneke earned a BA in English and political science, as well as a B Juris degree from University of South Africa and later completed an LLB. Justice Moseneke began his professional career in 1976 as an attorney’s clerk in Pretoria. In 1978 he was admitted and practiced for five ...