Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Seattle University School of Law (32)
- Columbia Law School (20)
- Roger Williams University (19)
- New York Law School (10)
- Morehead State University (9)
-
- University of Colorado Law School (9)
- University of Pennsylvania Carey Law School (9)
- University of Pittsburgh School of Law (8)
- American University Washington College of Law (7)
- Saint Louis University School of Law (7)
- University of Michigan Law School (7)
- Maurer School of Law: Indiana University (6)
- Boston University School of Law (5)
- Pace University (5)
- University of Richmond (5)
- Duke Law (4)
- Georgia State University College of Law (4)
- Texas A&M University School of Law (4)
- University of Florida Levin College of Law (4)
- University of Georgia School of Law (4)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (4)
- University of North Florida (4)
- West Virginia University (4)
- Western New England University School of Law (4)
- William & Mary Law School (4)
- Cleveland State University (3)
- Loyola University Chicago, School of Law (3)
- SJ Quinney College of Law, University of Utah (3)
- University of Kentucky (3)
- University of Miami Law School (3)
- Keyword
-
- Discrimination (26)
- Civil rights (21)
- Race (13)
- Civil Rights (11)
- Sex discrimination (11)
-
- Equality (10)
- Supreme Court (10)
- Title VII (9)
- Gender (8)
- Immigration (8)
- LGBT (8)
- Policy (8)
- Racism (8)
- Religion (8)
- Religious liberty (8)
- Transgender (8)
- Women (8)
- Human rights (7)
- Sexual orientation (7)
- Amendment (6)
- Constitutional law (6)
- Criminal justice (6)
- Diversity (6)
- Education (6)
- First Amendment (6)
- Housing (6)
- LGBT rights (6)
- Racial discrimination (6)
- Same-sex marriage (6)
- Trump (6)
- Publication
-
- Fred T. Korematsu Center for Law and Equality (30)
- Faculty Scholarship (28)
- Articles (21)
- All Faculty Scholarship (19)
- Center for Gender & Sexuality Law (14)
-
- Life of the Law School (1993- ) (11)
- Media Collection (9)
- Publications (8)
- Scholarly Works (8)
- Articles in Law Reviews & Other Academic Journals (7)
- Faculty Publications (7)
- Articles by Maurer Faculty (6)
- Law School Blogs (6)
- Other Publications (6)
- Elisabeth Haub School of Law Faculty Publications (5)
- Articles & Chapters (4)
- Faculty Publications By Year (4)
- Law Faculty Scholarship (4)
- UF Law Faculty Publications (4)
- Faculty Articles (3)
- Faculty Publications & Other Works (3)
- Journal Articles (3)
- Law Student Publications (3)
- Saffy Collection - All Textual Materials (3)
- Utah Law Faculty Scholarship (3)
- Book Chapters (2)
- Center for Equality and Social Justice Position Papers (2)
- Law Faculty Articles and Essays (2)
- Law Faculty Publications (2)
- Research Data (2)
Articles 241 - 257 of 257
Full-Text Articles in Law
Democratizing Criminal Law As An Abolitionist Project, Dorothy E. Roberts
Democratizing Criminal Law As An Abolitionist Project, Dorothy E. Roberts
All Faculty Scholarship
The criminal justice system currently functions to exclude black people from full political participation. Myriad institutions, laws, and definitions within the criminal justice system subordinate and criminalize black people, thereby excluding them from electoral politics, and depriving them of material resources, social networks, family relationships, and legitimacy necessary for full political citizenship. Making criminal law democratic requires more than reform efforts to improve currently existing procedures and systems. Rather, it requires an abolitionist approach that will dismantle the criminal law’s anti-democratic aspects entirely and reconstitute the criminal justice system without them.
Dismantling The Trap: Untangling The Chain Of Events In Excessive Force Claims, Cara Mcclellan
Dismantling The Trap: Untangling The Chain Of Events In Excessive Force Claims, Cara Mcclellan
All Faculty Scholarship
In the wake of repeated police shootings of unarmed Black men and women, police departments across the country are focusing on de-escalation. Yet federal courts reviewing Fourth Amendment excessive force violations are often unwilling to take into account how an officer’s pre-seizure conduct may have affected the need to use force during a civilian encounter. I argue that as part of the Graham v. Connor reasonableness analysis, courts reviewing excessive force claims should consider prior police conduct that impacted the need for force when the officer predictably causes the civilian to respond by employing an overly aggressive tactic. I provide …
Health Information Equity, Craig Konnoth
Health Information Equity, Craig Konnoth
Publications
In the last few years, numerous Americans’ health information has been collected and used for follow-on, secondary research. This research studies correlations between medical conditions, genetic or behavioral profiles, and treatments, to customize medical care to specific individuals. Recent federal legislation and regulations make it easier to collect and use the data of the low-income, unwell, and elderly for this purpose. This would impose disproportionate security and autonomy burdens on these individuals. Those who are well-off and pay out of pocket could effectively exempt their data from the publicly available information pot. This presents a problem which modern research ethics …
Private Right Of Action Jurisprudence In Healthcare Discrimination Cases, Allison M. Tinsey
Private Right Of Action Jurisprudence In Healthcare Discrimination Cases, Allison M. Tinsey
Law Student Publications
Section 1557 of the Affordable Care Act provides that entities covered by the Act which receive federal funds are prohibited from discriminating on the basis of race, color, national origin, sex, age or disability. But since the provision’s enactment and the U.S. Department of Health and Human Services’ promulgation of a regulation creating a private right of action for alleged discrimination under the Act, courts have disagreed on whether a private right of action exists to enforce Section 1557. This Comment summarizes the courts’ confusion in applying the holding of Alexander v. Sandoval and Chevron deference to the nondiscrimination provision …
Civil Rights And The Charter School Choice: How Stricter Standards For Charter Schools Can Aid Educational Equity, Rachel E. Rubinstein
Civil Rights And The Charter School Choice: How Stricter Standards For Charter Schools Can Aid Educational Equity, Rachel E. Rubinstein
Law Student Publications
This paper analyzes the way variations in charter-enabling legislation may exacerbate segregation and how federal and state reforms could better utilize the charter system to further integration. Part I discusses the history of school choice and the social science underlying its potential as a vehicle for integration as well as further segregation. Part II reviews research on charter school demographics and the effectiveness of relevant civil rights statutes. Part III analyzes themes in local charter legislation that can influence charter school segregation by limiting accessibility for low income families and students with disabilities. Finally, Part IV offers recommendations for policy …
Every Dollar Counts: In Defense Of The Obama Department Of Education's "Supplement Not Supplant" Proposal, James S. Liebman, Michael Mbikiwa
Every Dollar Counts: In Defense Of The Obama Department Of Education's "Supplement Not Supplant" Proposal, James S. Liebman, Michael Mbikiwa
Faculty Scholarship
Evidence compellingly demonstrates – as Congress famously recognized in Title I of the Elementary and Secondary Education Act of 1965 (ESEA) – that children from economically disadvantaged backgrounds require more educational resources than other students. Yet, a half century later, many school districts still spend less money on high-poverty schools than on more privileged schools. In 2011, a study by the U.S. Department of Education discovered that nationwide, more than forty percent of schools eligible for Title I funding based on their high-poverty status receive less state and local funding for instructional and other personnel costs than non-Title I schools …
Equality Law Pluralism, Olatunde C.A. Johnson
Equality Law Pluralism, Olatunde C.A. Johnson
Faculty Scholarship
This contribution to the Constance Baker Motley Symposium examines the future of civil rights reform at a time in which longstanding limitations of the antidiscrimination law framework, as well as newer pressures such as the rise of economic populism, are placing stress on the traditional antidiscrimination project. This Essay explores the openings that nevertheless remain in public law for confronting persistent forms of exclusion and makes the case for greater pluralism in equality law frameworks. In particular, this Essay examines innovations that widen the range of regulatory levers for promoting inclusion, such as competitive grants, tax incentives, contests for labor …
Race, Law & Inequality, Fifty Years After The Civil Rights Era, Frank W. Munger
Race, Law & Inequality, Fifty Years After The Civil Rights Era, Frank W. Munger
Articles & Chapters
Over the last several decades, law and social science scholars have documented persistent racial inequality in the United States. This review focuses on mechanisms to explain this persistent pattern. We begin with policy making, a mechanism fundamental to all the others. We then examine one particularly important policy, the carceral state, which can be described as the most important policy response to the civil rights era. A significant body of scholarship on employment discrimination presents a site for explaining the transformation of law on the books into the law in action. Finally, we review scholarship on the persistence of segregation …
Transsexual, Transgender, Trans: Reading Judicial Nomenclature In Title Vii Cases, Kris Franklin, Sarah Chinn
Transsexual, Transgender, Trans: Reading Judicial Nomenclature In Title Vii Cases, Kris Franklin, Sarah Chinn
Articles & Chapters
No abstract provided.
Race Liberalism And The Deradicalization Of Racial Reform, Kimberlé W. Crenshaw
Race Liberalism And The Deradicalization Of Racial Reform, Kimberlé W. Crenshaw
Faculty Scholarship
Recent works by neoconservatives and by Critical legal scholars have suggested that civil rights reforms have been an unsuccessful means of achieving racial equality in America. In this Article, Professor Crenshaw considers these critiques and analyzes the continuing role of racism in the subordination of Black Americans. The neoconservative emphasis on formal colorblindness, she argues, fails to recognize the indeterminacy of civil rights laws and the force of lingering racial disparities. The Critical scholars, who emphasize the legitimating role of legal ideology and legal rights rhetoric, are substantially correct, according to Professor Crenshaw, but they fail to appreciate the choices …
The Economic Justice Imperative For Transactional Law Clinics, Lynnise E. Pantin
The Economic Justice Imperative For Transactional Law Clinics, Lynnise E. Pantin
Faculty Scholarship
The economic, political, and social volatility of the sixties and seventies, out of which clinical legal education was born, has certain mythical qualities for most law students, and perhaps some law professors. America still bears the scars of the economic policies of those previous eras, such as redlining, blockbusting, poverty and urban decay. While the realities of the era may seem out of reach for many of our students, those arising out of that era have contributed to the wealth gap in this country, which has worsened over the last twenty years. Now more than ever, society needs social justice …
Inequality And The Mortgage Interest Deduction, Kyle Rozema, Daniel J. Hemel
Inequality And The Mortgage Interest Deduction, Kyle Rozema, Daniel J. Hemel
Scholarship@WashULaw
The mortgage interest deduction is often criticized for contributing to after-tax income inequality. Yet the effects of the mortgage interest deduction on income inequality are more nuanced than the conventional wisdom would suggest. We show that the mortgage interest deduction causes high-income households (i.e., those in the top 10% and top 1%) to bear a larger share of the total tax burden than they would if the deduction were repealed. We further show that the effect of the mortgage interest deduction on income inequality is highly sensitive to the alternative scenario against which the deduction is evaluated. These findings demonstrate …
The Deserving Poor, The Undeserving Poor, And Class-Based Affirmative Action, Khiara M. Bridges
The Deserving Poor, The Undeserving Poor, And Class-Based Affirmative Action, Khiara M. Bridges
Faculty Scholarship
This Article is a critique of class-based affirmative action. It begins by observing that many professed politically conservative individuals have championed class-based affirmative action. However, it observes that political conservatism is not typically identified as an ideology that generally approves of improving the poor’s well-being through the means that class-based affirmative action employs — that is, through redistributing wealth by taking wealth from a wealthy individual and giving it directly to a poor person. This is precisely what class-based affirmative action does: it takes a seat in an incoming class (a species of wealth) from a wealthy individual and gives …
Hacking Qualified Immunity: Camera Power And Civil Rights Settlements, Mary D. Fan
Hacking Qualified Immunity: Camera Power And Civil Rights Settlements, Mary D. Fan
Articles
Excessive force cases are intensely fact-specific. Did the suspect resist, necessitating the use offorce? What threat did the suspect pose, if any? Was the use of force excessive in light of the situation? These are judgment calls based on myriad facts that differ from case to case. Establishing what really happened forces courts and juries to wade into a fact-bound morass filled with fiercely conflicting defendant-said, police-said battles.
Now an evidentiary transformation is underway. We are in an era where the probability of a police encounter being recorded has never been higher. With the rise of recording—by the public as …
A Different Class Of Care: The Benefits Crisis And Low-Wage Workers, Trina Jones
A Different Class Of Care: The Benefits Crisis And Low-Wage Workers, Trina Jones
Faculty Scholarship
When compared to other developed nations, the United States fares poorly with regard to benefits for workers. While the situation is grim for most U.S. workers, it is worse for low-wage workers. Data show a significant benefits gap between low-wage and high-wage in terms of flexible work arrangements (FWAs), paid leave, pensions, and employer-sponsored health-care insurance, among other things. This gap exists notwithstanding the fact that FWAs and employment benefits produce positive returns for employees, employers, and society in general. Despite these returns, this Article contends that employers will be loath to extend FWAs and greater employment benefits to low-wage …
Aggressive Encounters & White Fragility: Deconstructing The Trope Of The Angry Black Woman, Trina Jones, Kimberly Jade Norwood
Aggressive Encounters & White Fragility: Deconstructing The Trope Of The Angry Black Woman, Trina Jones, Kimberly Jade Norwood
Faculty Scholarship
Black women in the United States are the frequent targets of bias-filled interactions in which aggressors: (1) denigrate Black women; and (2) blame those women who elect to challenge the aggressor’s acts and the bias that fuels them. This Article seeks to raise awareness of these “aggressive encounters” and to challenge a prevailing narrative about Black women and anger. It examines the myriad circumstances (both professional and social) in which aggressive encounters occur and the ways in which these encounters expose gender and racial hierarchies. It then explores how the intersectional nature of Black women’s identities triggers a particularized stereotype …
Feminism And Economic Inequality, Katharine T. Bartlett
Feminism And Economic Inequality, Katharine T. Bartlett
Faculty Scholarship
No abstract provided.