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2000

Civil Rights and Discrimination

Institution
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Articles 1 - 30 of 116

Full-Text Articles in Law

Deference And Disability Discrimination, Rebecca H. White Dec 2000

Deference And Disability Discrimination, Rebecca H. White

Scholarly Works

In 1999, the question of deference to the EEOC grabbed the spotlight. It surfaced in a case that arose under the Americans with Disabilities Act of 1990 (the "ADA"), a relatively new, and sweeping, anti-discrimination law that prohibits workplace discrimination against qualified individuals with a disability. A difficult substantive question was presented: Is the determination of whether one has a disability within the meaning of the ADA to be made with or without regard to mitigating measures? Instinctively, either a "yes" or a "no" answer seems problematic. On the one hand, defining disability without regard to the corrective effects of …


The Integration Game, Abraham Bell, Gideon Parchomovsky Dec 2000

The Integration Game, Abraham Bell, Gideon Parchomovsky

All Faculty Scholarship

No abstract provided.


Petition For A Writ Of Certiorari, Chris V. Tenet, No. 00-829 (U.S. Nov 16, 2000), David C. Vladeck Nov 2000

Petition For A Writ Of Certiorari, Chris V. Tenet, No. 00-829 (U.S. Nov 16, 2000), David C. Vladeck

U.S. Supreme Court Briefs

No abstract provided.


Affirmative Actions, William W. Van Alstyne Oct 2000

Affirmative Actions, William W. Van Alstyne

Faculty Publications

Liberals and progressives have been slow to realize that their preferred vocabulary has been hijacked and that when they respond to once hallowed phrases they are responding to a ghost now animated by a new machme. The point is not a small one, for in any debate, especially one fought in the arena of public opinion, the battle is won not by knock-down arguments but by the party that succeeds in placing its own spin on the terms presiding over the discussion.


Angry White Males: The Equal Protection Clause And "Classes Of One", Timothy Zick Oct 2000

Angry White Males: The Equal Protection Clause And "Classes Of One", Timothy Zick

Faculty Publications

No abstract provided.


Reinventing Structural Reform Litigation: Deputizing Private Citizens In The Enforcement Of Civil Rights, Myriam E. Gilles Oct 2000

Reinventing Structural Reform Litigation: Deputizing Private Citizens In The Enforcement Of Civil Rights, Myriam E. Gilles

Articles

The aim of this Article is to explore the possibility of constructing a model that harnesses the power of private citizens to reform unconstitutional practices, particularly in the critical area of police-related rights violations. I seek here to reintegrate private citizens into the enforcement of public laws; to tap the private experiential and financial resources that were a necessary condition of the great structural reform efforts of the civil rights movement of the 1950s and 1960s.

The vehicle by which I propose to accomplish these ends is a simple, yet novel, amendment to 42 U.S.C. § 14141, the statute which …


Section 4: Civil Rights & Employment Law, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2000

Section 4: Civil Rights & Employment Law, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Rights And Rules: An Overview, Matthew D. Adler, Michael C. Dorf Sep 2000

Rights And Rules: An Overview, Matthew D. Adler, Michael C. Dorf

Cornell Law Faculty Publications

Prior to recent decades, the United States Supreme Court often invoked the political question doctrine to avoid deciding controversial questions of individual rights. By the 1970s and 1980s, standing limits traced to Article III’s case-or-controversy language had replaced the political question doctrine as the favored justiciability device. Although both political question and standing doctrines remain tools in the Court’s arsenal of threshold decision making,3 in the last decade the Court has turned with increasing frequency to the distinction between facial and as-applied challenges to perform the gatekeeping function. However, although there is a considerable body of scholarship concerning the conventional …


The Heterogeneity Of Rights, Michael C. Dorf Sep 2000

The Heterogeneity Of Rights, Michael C. Dorf

Cornell Law Faculty Publications

What is the implication for the validity of governmental rules of the conclusion that the rule interferes with a constitutional right? This question has implications for two important doctrinal puzzles. The first is the question when, if ever, a litigant has a constitutional right to an exemption from a generally valid rule of law. Many constitutional rights are rule-dependent in the sense that they protect actors against certain kinds of governmental rules rather than shielding acts against governmental interference. This Article denies the claim by scholars and judges that this rule-dependence reflects a deep truth about the nature of constitutional …


Flyer: Commemorate The Women's Movement In Jacksonville, Edna Louise Saffy Aug 2000

Flyer: Commemorate The Women's Movement In Jacksonville, Edna Louise Saffy

Saffy Collection - All Textual Materials

Flyer for Women’s Equality Day program Balis Park in San Marco, Jacksonville, Florida August 26, 2000.


Program: A Commemoration Of Women's History Program August 26, 2000, Edna Louise Saffy Aug 2000

Program: A Commemoration Of Women's History Program August 26, 2000, Edna Louise Saffy

Saffy Collection - All Textual Materials

Women's Equality Day Eighty Years of Women's Suffrage Thirty Years of Jacksonville Women's Movement August 26, 2000 9 A.M. Includes program, and Procession of Honor to Mary Nolan’s grave. Program Committee: Karen Danko, Cathy Drompp, Pam Flynn, Sharon Laird, Edna Saffy, Judy Sheklin, Elizabeth Teague and Louise Stanton Warren.


Writings: Program Presented In Balis Park, San Marco, Jacksonville Florida. In Celebration Of Women On August 26, 2000, Edna Louise Saffy Aug 2000

Writings: Program Presented In Balis Park, San Marco, Jacksonville Florida. In Celebration Of Women On August 26, 2000, Edna Louise Saffy

Saffy Collection - All Textual Materials

Speeches: Version of the program delivered on August 26, 2000 by Dr. Edna L. Saffy commemorating Women’s Equality Day, eighty years of woman’s suffrage and thirty years of the Jacksonville Women’s Movement.


Program: Ax Handle Saturday 40th Anniversary, August 26, 2000 Aug 2000

Program: Ax Handle Saturday 40th Anniversary, August 26, 2000

Textual material from the Rodney Lawrence Hurst, Sr. Papers

A program for the 40th anniversary of "Ax Handle" Saturday. August 26, 2000 at Hemming Plaza, Historic Snyder Memorial.


Fostering Equity And Diversity In The Nova Scotia Legal Profession, Douglas G. Ruck, Craig M. Garson, Robert G. Mackeigan, Carol A. Aylward, Innis Christie, Cora States, Candy Palmater, Douglas Keefe, Margaret Macdonald, Burnley A. (Rocky) Jones, Heidi Marshall, Heather Mcneill, Kelvin Gilpin, Judith Ferguson Aug 2000

Fostering Equity And Diversity In The Nova Scotia Legal Profession, Douglas G. Ruck, Craig M. Garson, Robert G. Mackeigan, Carol A. Aylward, Innis Christie, Cora States, Candy Palmater, Douglas Keefe, Margaret Macdonald, Burnley A. (Rocky) Jones, Heidi Marshall, Heather Mcneill, Kelvin Gilpin, Judith Ferguson

Innis Christie Collection

The Province of Nova Scotia has, for many years, attempted, through a variety of means, to address issues of diversity and affirmative action. However, despite the lessons of history there are still those who question the need for programs and policies that promote, encourage and enforce equality. Even though significant advances have been made on many fronts Nova Scotia continues to struggle with issues of inequality. As with many problems faced by society acknowledging the existence of the problem is the first step towards developing solutions.


Book Review Of Communists On Campus: Race, Politics, And The Public University In Sixties North Carolina, William W. Van Alstyne Jul 2000

Book Review Of Communists On Campus: Race, Politics, And The Public University In Sixties North Carolina, William W. Van Alstyne

Popular Media

This review finds William Billingsley's work to be a detailed and well-organized account of the North Carolina speaker's ban. The book avoids over-generalization and a lack of focus by honing in on this one particular story and examining it in great detail, rather than trying to provide a broad overview of similar situations across the country.


“Gay Rights” For “Gay Whites”?: Race, Sexual Identity, And Equal Protection Discourse, Darren Lenard Hutchinson Jul 2000

“Gay Rights” For “Gay Whites”?: Race, Sexual Identity, And Equal Protection Discourse, Darren Lenard Hutchinson

UF Law Faculty Publications

While the resolution of the problem of gay and lesbian inequality will ultimately turn on a host of social, legal, political, and ideological variables, this Article argues that the success or failure of efforts to achieve legal equality for gays, lesbians, bisexuals, and transgendered individuals will depend in large part on how scholars and activists in this field address questions of racial identity and racial subjugation. Commonly, these scholars and activists currently discuss race by use of analogies between “racial discrimination” and “sexual orientation discrimination,” or between “people of color” and “gays and lesbians.” On one level, the “comparative approach” …


Holocaust Deniers Can't Be Ignored: History: As Victims And Witnesses Of World War Ii Die Off, Revisionist Views Of The Nazi Horrors Could Gain Broader Acceptance, Kenneth Lasson Apr 2000

Holocaust Deniers Can't Be Ignored: History: As Victims And Witnesses Of World War Ii Die Off, Revisionist Views Of The Nazi Horrors Could Gain Broader Acceptance, Kenneth Lasson

All Faculty Scholarship

On trial in an English courtroom, where British historian David Irving has sued American professor Deborah Lipstadt for defamation, is not only the scholars' reputations but history itself. Irving claims that he was libeled by Lipstadt's 1993 book, "Denying the Holocaust: The Growing Assault on Truth and Memory," in which she called him "one of the most dangerous of the `revisionists'" because, "familiar with historical evidence, he bends it until it conforms with his ideological leanings and political agenda." But under British law, the burden of proof in defamation is squarely on the defendant, thus making it necessary for Lipstadt …


A. Leon Higginbotham Jr.: Who Will Carry The Baton?, F. Michael Higginbotham, José F. Anderson Apr 2000

A. Leon Higginbotham Jr.: Who Will Carry The Baton?, F. Michael Higginbotham, José F. Anderson

All Faculty Scholarship

It was a rainy November day during Thanksgiving weekend of 1997. The scene was the Washington, D.C., childhood home of Dr. Evelyn Brooks Higginbotham, A. Leon Higginbotham Jr.'s beloved wife. Our assignment was to assist in the removal, packing, and transport of a few prized family heirlooms that were to be taken to their home in Newton, Massachusetts.

On the early morning drive into Washington, D.C., our conversation was mostly idle chit-chat. Little did we know that the circumstances of the day would lead to an amazing set of discussions, the importance of which we could never have imagined at …


Privacy, Cyberspace, And Democracy: A Case Study, Michael J. Gerhardt Apr 2000

Privacy, Cyberspace, And Democracy: A Case Study, Michael J. Gerhardt

Faculty Publications

No abstract provided.


Supreme Court's 1998-1999 Term: Fourth Amendment Decisions, Kathryn R. Urbonya Apr 2000

Supreme Court's 1998-1999 Term: Fourth Amendment Decisions, Kathryn R. Urbonya

Faculty Publications

No abstract provided.


The Cash Balance Controversy, Edward A. Zelinsky Apr 2000

The Cash Balance Controversy, Edward A. Zelinsky

Articles

No abstract provided.


The Case Against Private Disparate Impact Suits, Thom Lambert Apr 2000

The Case Against Private Disparate Impact Suits, Thom Lambert

Faculty Publications

This article argues that the Third Circuit, and the courts that have implicitly approved private disparate impact suits, have erred in construing Title VI to permit private plaintiffs to sue federally funded entities for discrimination based on disparate impact alone. From a policy standpoint, permitting private disparate impact suits is a bad idea, for the threat of such suits will lead to deterrence of actions and decisions that have incidental disparate effects but are, on the whole, good.


Interview With Alan M. Lerner, Lake Srinivasan, Alan M. Lerner, Legal Oral History Project, University Of Pennsylvania Carey Law School Feb 2000

Interview With Alan M. Lerner, Lake Srinivasan, Alan M. Lerner, 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.

Alan M. Lerner (L '65) was a practice professor at the University of Pennsylvania Law School from 1993 until his death in 2010. He practiced and taught mainly in the areas of civil rights and family law.


Eugenic Laws Restricting Immigration, Paul A. Lombardo Feb 2000

Eugenic Laws Restricting Immigration, Paul A. Lombardo

Faculty Publications By Year

No abstract provided.


Eugenic Laws Against Race Mixing, Paul A. Lombardo Feb 2000

Eugenic Laws Against Race Mixing, Paul A. Lombardo

Faculty Publications By Year

No abstract provided.


Breaking The Code Of Silence: Rediscovering "Custom" In Section 1983 Municipal Liability, Myriam E. Gilles Feb 2000

Breaking The Code Of Silence: Rediscovering "Custom" In Section 1983 Municipal Liability, Myriam E. Gilles

Articles

No abstract provided.


Eugenic Sterilization Laws, Paul A. Lombardo Feb 2000

Eugenic Sterilization Laws, Paul A. Lombardo

Faculty Publications By Year

No abstract provided.


The Glass Ceiling In Law Firms: A Form Of Sex-Based Discrimination, Rebecca Korzec Jan 2000

The Glass Ceiling In Law Firms: A Form Of Sex-Based Discrimination, Rebecca Korzec

All Faculty Scholarship

At a certain level, women lawyers collide with a "glass ceiling," an invisible, artificial barrier which prevents women from being promoted to management and leadership positions within a business or firm. The glass ceiling 'represents a subtle form of sex discrimination - unwritten, generally unspoken, but very pervasive.' Its presence is reflected in trends and statistics which consistently reveal women's underrepresentation in executive and management positions.

This article focuses on whether the glass ceiling formed as a result of sex discrimination, blatant or subtle, or whether it formed as a result of women lawyers' differing qualifications or career choices. It …


“The Little Project:” From Alternative Families To Domestic Partnerships To Same-Sex Marriage, Barbara Cox Jan 2000

“The Little Project:” From Alternative Families To Domestic Partnerships To Same-Sex Marriage, Barbara Cox

Faculty Scholarship

No abstract provided.


Save The Marriage Before (Not After) The Ceremony: The Marriage Preparation Act - Can We Have A Public Response To A Private Problem, Lundy Langston Jan 2000

Save The Marriage Before (Not After) The Ceremony: The Marriage Preparation Act - Can We Have A Public Response To A Private Problem, Lundy Langston

Journal Publications

Two individuals meet, engage in an intimate, not necessarily sexual, relationship and marry. The two join in a union with the promise to spend the remainder of their natural lives together. But forever is not forever. On a national level, over 50 percent of marriages end in divorce.' Perhaps marriage vows should include a statement about the inevitability of divorce. States' divorce laws vary, from faultbased, to no-fault, to a statutory period of separation. Some states recently made it easier for individuals to be granted a divorce. Reasons for making it easier to end marriages could have been related to …