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2008

Civil Rights and Discrimination

Institution
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Articles 1 - 30 of 169

Full-Text Articles in Law

Justiciability And The Role Of Courts In Adequacy Litigation: Preserving The Constitutional Right To Education, Robynn K. Sturm, Julia A. Simon-Kerr Dec 2008

Justiciability And The Role Of Courts In Adequacy Litigation: Preserving The Constitutional Right To Education, Robynn K. Sturm, Julia A. Simon-Kerr

Student Scholarship Papers

In the first study of opinions handed down in education adequacy litigation between January 2005 and January 2008, this paper shows a marked shift away from outcomes favorable to adequacy plaintiffs. Following two decades in which courts spurred significant reforms in our nation’s neediest schools by interpreting the education clauses of their state constitutions to guarantee an “adequate” education for all students, the years 2005 to 2008 have seen a dramatic change in the judicial response to adequacy litigation. Through an analysis of the latest body of cases, this paper shows that separation of powers concerns have begun to ...


Brown And The Colorblind Constitution, Christopher W. Schmidt Dec 2008

Brown And The Colorblind Constitution, Christopher W. Schmidt

All Faculty Scholarship

This Essay offers the first in-depth examination of the role of colorblind constitutionalism in the history of Brown v. Board of Education. In light of the recent Supreme Court ruling in Parents Involved in Community Schools v. Seattle School Dist. No. 1 (2007), such an examination is needed today more than ever. In this case, Chief Justice John Roberts drew on the history of Brown to support his conclusion that racial classifications in school assignment policies are unconstitutional. Particularly controversial was the Chief Justice's use of the words of the NAACP lawyers who argued Brown as evidence for his ...


Writings: Syrian American Women’S Club December 4, 2008, Edna Louise Saffy Dec 2008

Writings: Syrian American Women’S Club December 4, 2008, Edna Louise Saffy

Saffy Collection - All Textual Materials

Speeches: Presented to the Syrian American Women’s Club December 4, 2008 by Dr. Edna Saffy.


Does Heller Protect A Right To Carry Guns Outside The Home?, Michael C. Dorf Dec 2008

Does Heller Protect A Right To Carry Guns Outside The Home?, Michael C. Dorf

Cornell Law Faculty Publications

No abstract provided.


Cyber Civil Rights (November 2008; Mp3), Danielle Keats Citron Nov 2008

Cyber Civil Rights (November 2008; Mp3), Danielle Keats Citron

Faculty Scholarship

Social networking sites and blogs have increasingly become breeding grounds for anonymous online groups that attack women, people of color, and members of other traditionally disadvantaged groups. These destructive groups target individuals with defamation, threats of violence, and technology-based attacks that silence victims and concomitantly destroy their privacy. Victims go offline or assume pseudonyms to prevent future attacks, impoverishing online dialogue and depriving victims of the social and economic opportunities associated with a vibrant online presence. Attackers manipulate search engines to reproduce their lies and threats for employers and clients to see, creating digital "scarlet letters" that ruin reputations. Today ...


Introducing The New And Improved Americans With Disabilities Act: Assessing The Ada Amendments Act Of 2008, Alex B. Long Nov 2008

Introducing The New And Improved Americans With Disabilities Act: Assessing The Ada Amendments Act Of 2008, Alex B. Long

NULR Online

No abstract provided.


Instead Of Enda, A Course Correction For Title Vii, Jennifer S. Hendricks Nov 2008

Instead Of Enda, A Course Correction For Title Vii, Jennifer S. Hendricks

NULR Online

No abstract provided.


Freedom Comes Only From The Law': The Debate Over Law's Capacity And The Making Of Brown V. Board Of Education, Christopher W. Schmidt Nov 2008

Freedom Comes Only From The Law': The Debate Over Law's Capacity And The Making Of Brown V. Board Of Education, Christopher W. Schmidt

All Faculty Scholarship

From the late nineteenth into the mid-twentieth century, civil rights reformers fought, with little success, against the argument that law was powerless to change prejudicial attitudes and customs. It was widely assumed during the Jim Crow era that forcing the principle of racial equality on resistant southern whites might turn desegregation into yet another failed experiment in social reform by legal fiat - another Reconstruction or Prohibition. In the 1940s and 1950s, these assumptions began to give way because of the efforts of liberal scholars and activists who made the case that legal reform could be particularly effective at combating prejudice ...


Yes We Did, Photograph Nov 2008

Yes We Did, Photograph

Textual material from the Rodney Lawrence Hurst, Sr. Papers

MoveOn.org print.


Program: Jacksonville Urban League 35th Anniversary Equal Opportunity Luncheon. Oct 2008

Program: Jacksonville Urban League 35th Anniversary Equal Opportunity Luncheon.

Textual material from the Rodney Lawrence Hurst, Sr. Papers

An Equal Opportunity Luncheon on Wednesday, October 29, 2008 at the Hyatt Regency Jacksonville Riverfront.


Student Speech Rights In The Digital Age, Mary-Rose Papandrea Oct 2008

Student Speech Rights In The Digital Age, Mary-Rose Papandrea

Boston College Law School Faculty Papers

For several decades courts have struggled to determine when, if ever, public schools should have the power to restrict student expression that does not occur on school grounds during school hours. In the last several years, courts have struggled with this same question in a new context – the digital media. The dramatic increase in the number of student speech cases involving the Internet, mobile phones, and video cameras begs for a closer examination of the scope of school officials’ authority to censor the expression of minors as well as the scope of juvenile speech rights generally. This Article takes a ...


Is America Finally Ready To Elect A Black President?, F. Michael Higginbotham Oct 2008

Is America Finally Ready To Elect A Black President?, F. Michael Higginbotham

All Faculty Scholarship

In its 220 year history, America has yet to elect a president who is not white. In the 2008 presidential election, Barack Obama, the only black member of the United States Senate, has received the nomination of the Democratic Party, the first minority candidate to ever receive a major party nomination. This article argues that Americans must not let fear or prejudice squander this historic opportunity.


Diversity And Race-Neutrality, Kenneth L. Marcus Oct 2008

Diversity And Race-Neutrality, Kenneth L. Marcus

NULR Online

No abstract provided.


Activism And Terrorism, Timothy Zick Oct 2008

Activism And Terrorism, Timothy Zick

Popular Media

No abstract provided.


The Sanctity Of Polling Places, Timothy Zick Oct 2008

The Sanctity Of Polling Places, Timothy Zick

Popular Media

No abstract provided.


Press Release: Rodney Hurst "It Was Never About A Hot Dog And A Coke", Ron Miller Oct 2008

Press Release: Rodney Hurst "It Was Never About A Hot Dog And A Coke", Ron Miller

Textual material from the Rodney Lawrence Hurst, Sr. Papers

A press release about Rodney Hurst's book "It was never about a hot dog and a coke." In addition, it advertises the Amelia Island Book Festival on October 2-4, 2008.


Pleading Civil Rights Claims In The Post-Conley Era, A. Benjamin Spencer Oct 2008

Pleading Civil Rights Claims In The Post-Conley Era, A. Benjamin Spencer

Faculty Publications

Much has been made of the Supreme Court's recent pronouncements on federal civil pleading standards during the latter half of the 2006-2007 Term. Specifically, what will be the fallout from the Court's decision in Bell Atlantic Corp. v. Twombly, a case that abrogated Conley v. Gibson's famous "no set of facts" formulation and supplanted it with a new plausibility pleading standard? This Article attempts to examine and distill the impact of Twombly on the pleading standards that lower federal courts are applying when scrutinizing civil rights claims. Two main approaches emerge: that of courts choosing to continue ...


Why America Still Needs Affirmative Action, Jonathan K. Stubbs Oct 2008

Why America Still Needs Affirmative Action, Jonathan K. Stubbs

Law Faculty Publications

Affirmative action has gotten a bad rap.Many people think of affirmative action as race-based policies that favor unqualified persons because of the color of their skin. Resentments and misunderstandings flow from such perceptions in part because race remains America’s most inflammatory unfinished business.

To ignite a spirited, thoughtful discussion as well as practical action regarding affirmative action, this article briefly discusses what constitutes affirmative action; evaluates why affirmative action programs that consider race, gender, and class remain necessary; and offers some thoughts regarding when affirmative action should end.


Straight From The Mouth Of The Volcano: The Lowdown On Law, Language, And Latin@S, Ángel Oquendo Oct 2008

Straight From The Mouth Of The Volcano: The Lowdown On Law, Language, And Latin@S, Ángel Oquendo

Faculty Articles and Papers

No abstract provided.


Is The Right To Vote Really Fundamental?, Joshua A. Douglas Oct 2008

Is The Right To Vote Really Fundamental?, Joshua A. Douglas

Law Faculty Scholarly Articles

This Article poses a question at the core of our democracy: Is the constitutional right to vote a fundamental right? The answer, surprisingly, is “not always.”

For over forty years, the Supreme Court has fostered confusion surrounding the right to vote by creating two lines of election law cases. In one breath the Court calls the right to vote fundamental and applies strict scrutiny review. In another, the Court fails to recognize the right as fundamental and uses a lower level of scrutiny. These two lines of cases have coexisted, leaving lower courts and litigants with little guidance on how ...


Section 5: Civil Rights, Institute Of Bill Of Rights Law At The William & Mary Law School Sep 2008

Section 5: Civil Rights, Institute Of Bill Of Rights Law At The William & Mary Law School

Supreme Court Preview

No abstract provided.


Nowhere To Hide: Overbreadth And Other Constitutional Challenges Facing The Current Designation Regime, Ilya O. Podolyako Sep 2008

Nowhere To Hide: Overbreadth And Other Constitutional Challenges Facing The Current Designation Regime, Ilya O. Podolyako

Student Scholarship Papers

This Article examines the legal foundation and policy implications of the President’s power to designate terrorist organizations. These administrative actions carry severe repercussions because of the criminal prohibition on knowingly providing material support to the designated entities, codified at 18 U.S.C. § 2339B. Due to the overlap of the President’s Commander-in-Chief power to block enemy assets and specific Congressional authorization of such actions, the designations themselves appear to be immune from constitutional challenges. It is the addition of concomitant criminal sanctions, however, that drastically expands the potency of the designations and turns them into an effective national ...


Protecting The Right To Vote: Oversight Of The Department Of Justice's Preparations For The 2008 Election - Statement Of Gilda R. Daniels Before The Senate Judiciary Committee, September 9, 2008, Gilda R. Daniels Sep 2008

Protecting The Right To Vote: Oversight Of The Department Of Justice's Preparations For The 2008 Election - Statement Of Gilda R. Daniels Before The Senate Judiciary Committee, September 9, 2008, Gilda R. Daniels

All Faculty Scholarship

In 2000, we witnessed faulty voting machines with hanging chads and dimpled ballots. We also experienced error-filled purges and voter intimidation in minority neighborhoods. Since the 2000 Presidential election the voting rights vocabulary has expanded to include terms such as, voting irregularities and election protection and created a new debate regarding voter access versus voter integrity. Despite the debates and new legislation in the form of the Help America Vote Act (HAVA), and the continued enforcement of other voting statutes such as the Voting Rights Act and the National Voter Registration Act, (NVRA), problems persist in the operation of our ...


Matters Of Conscience: Lessons For Same-Sex Marriage From The Healthcase Context, Robin Fretwell Wilson Sep 2008

Matters Of Conscience: Lessons For Same-Sex Marriage From The Healthcase Context, Robin Fretwell Wilson

Scholarly Articles

None available.


The Freedom Of Information Act And The Ecology Of Transparency, Seth F. Kreimer Sep 2008

The Freedom Of Information Act And The Ecology Of Transparency, Seth F. Kreimer

Faculty Scholarship at Penn Law

The Framers’ approbation of a unitary executive rested in important part on the belief that the unitary executive’s actions were apt to be more “narrowly watched and readily suspected” by an informed public opinion than those of a plural executive. Yet the body of the Constitution provides no right to public information. What the Constitutional text omits, the last generation has embedded as a part of modern constitutional practice in the Freedom of Information Act. Some critics have deplored FOIA as a “romantic” effort at “self help oversight”, superfluous in light of the checks and balances of divided government ...


Summary Judgment Rates Over Time, Across Case Categories, And Across Districts: An Empirical Study Of Three Large Federal Districts, Theodore Eisenberg, Charlotte Lanvers Aug 2008

Summary Judgment Rates Over Time, Across Case Categories, And Across Districts: An Empirical Study Of Three Large Federal Districts, Theodore Eisenberg, Charlotte Lanvers

Cornell Law Faculty Publications

Prior research on summary judgment hypothesizes a substantial increase in summary judgment rates after a trilogy of Supreme Court cases in 1986 and a disproportionate adverse effect of summary judgment on civil rights cases. This article analyzes summary judgment rates in the Eastern District of Pennsylvania (EDPA) and the Northern District of Georgia (NDGA), for two time periods, 1980-81 and 2001-02. It also analyzes summary judgment rates for the Central District of California (CDCA) for 1980-81 and for other civil rights cases in the CDCA in 1975-76. The combined sample consists of over 5,000 cases. The three-district sample for ...


Certificate: 2008 Sabrina Awards Best Non Fiction And Top Three Pick. Jul 2008

Certificate: 2008 Sabrina Awards Best Non Fiction And Top Three Pick.

Textual material from the Rodney Lawrence Hurst, Sr. Papers

A winner for "It was Never About a Hotdog and a Coke!" at the Sabrina Awards, July 31, 2008


Lessons Learned From The 2004 Presidential Election: Testimony Of Gilda R. Daniels Before The House Judiciary Subcommittee On The Constitution, Civil Rights And Civil Liberties, July 24, 2008, Gilda R. Daniels Jul 2008

Lessons Learned From The 2004 Presidential Election: Testimony Of Gilda R. Daniels Before The House Judiciary Subcommittee On The Constitution, Civil Rights And Civil Liberties, July 24, 2008, Gilda R. Daniels

All Faculty Scholarship

Since the 2000 Presidential election the voting rights vocabulary has expanded to include terms such as, "voting irregularities" and "election protection" and created a new debate regarding voter access versus voter integrity. Despite the debates and new legislation in the form of the Help America Vote Act (HAVA), and the continued enforcement of other voting statutes such as the Voting Rights Act, and the National Voter Registration Act, (NVRA), problems persist in the operation of our participatory democracy.

What we have witnessed since 2000, particularly during the 2004 election, gave us some reason to hope but also reason for concern ...


"Good Reason To Believe": Widespread Constitutional Violations In The Course Of Immigration Enforcement And The Case For Revisiting Lopez-Mendoza, Stella J. Burch Jul 2008

"Good Reason To Believe": Widespread Constitutional Violations In The Course Of Immigration Enforcement And The Case For Revisiting Lopez-Mendoza, Stella J. Burch

Student Scholarship Papers

In 1984 the Supreme Court held in INS v. Lopez-Mendoza that the exclusionary rule did not ordinarily apply to respondents in immigration proceedings. However, the Court suggested that its opinion about the applicability of the exclusionary rule might change if constitutional violations by immigration officers became a widespread problem. First, this article proposes that constitutional violations by immigration officers have become both geographically and institutionally widespread in the years since Lopez-Mendoza. Second, this article argues that immigration law and the practice of immigration enforcement have changed fundamentally in the twenty-four years since Lopez-Mendoza was decided, undermining the assumptions on which ...


The Immigration Paradox: Alien Workers And Distributive Justice, Howard F. Chang Jul 2008

The Immigration Paradox: Alien Workers And Distributive Justice, Howard F. Chang

Faculty Scholarship at Penn Law

The immigration of relatively unskilled workers poses a fundamental problem for liberals. While from the perspective of the economic welfare of natives, the optimal policy would be to admit these aliens as guest workers, this policy would violate liberal ideals. These ideals would treat these workers as equals, entitled to access to citizenship and to the full set of public benefits provided to citizens. If the welfare of incumbent residents determines admissions policies, however, and we anticipate the fiscal burden that the immigration of the poor would impose, then our welfare criterion would preclude the admission of relatively unskilled workers ...