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Full-Text Articles in Law

Lawyers For White People?, Jessie Allen Jan 2021

Lawyers For White People?, Jessie Allen

Articles

This article investigates an anomalous legal ethics rule, and in the process exposes how current equal protection doctrine distorts civil rights regulation. When in 2016 the ABA Model Rules of Professional Conduct finally adopted its first ever rule forbidding discrimination in the practice of law, the rule carried a strange exemption: it does not apply to lawyers’ acceptance or rejection of clients. The exemption for client selection seems wrong. It contradicts the common understanding that in the U.S. today businesses may not refuse service on discriminatory grounds. It sends a message that lawyers enjoy a professional prerogative to discriminate ...


Rules, Tricks And Emancipation, Jessie Allen Jan 2020

Rules, Tricks And Emancipation, Jessie Allen

Book Chapters

Rules and tricks are generally seen as different things. Rules produce order and control; tricks produce chaos. Rules help us predict how things will work out. Tricks are deceptive and transgressive, built to surprise us and confound our expectations in ways that can be entertaining or devastating. But rules can be tricky. General prohibitions and prescriptions generate surprising results in particular contexts. In some situations, a rule produces results that seem far from what the rule makers expected and antagonistic to the interests the rule is understood to promote. This contradictory aspect of rules is usually framed as a downside ...


Civil Rights Activities, Maureen Miller, Hope Bragg, Christy Keefer Jan 2017

Civil Rights Activities, Maureen Miller, Hope Bragg, Christy Keefer

Integrated Math & Social Studies Lessons

The activities in this lesson support the students to investigate the development of Civil Rights initiatives leading to the Civil Rights Act of 1964. The lesson includes readings on Jim Crow laws, Brown vs Board of Education, Montgomery bus boycott, and the sit-in movements, .


Intersectionality And The Constitution Of Family Status, Serena Mayeri Jan 2017

Intersectionality And The Constitution Of Family Status, Serena Mayeri

Faculty Scholarship at Penn Law

Marital supremacy—the legal privileging of marriage—is, and always has been, deeply intertwined with inequalities of race, class, gender, and region. Many if not most of the plaintiffs who challenged legal discrimination based on family status in the 1960s and 1970s were impoverished women, men, and children of color who made constitutional equality claims. Yet the constitutional law of the family is largely silent about the status-based impact of laws that prefer marriage and disadvantage non-marital families. While some lower courts engaged with race-, sex-, and wealth-based discrimination arguments in family status cases, the Supreme Court largely avoided recognizing ...


Transgender Employment Rights, Discrimination & Litigation: Expanding Understandings And Opening Doors, Tambria Schroeder Jan 2016

Transgender Employment Rights, Discrimination & Litigation: Expanding Understandings And Opening Doors, Tambria Schroeder

Student Research Awards

The United States’ legal history shows a record of minorities being disenfranchised simply because of who they are. Humans do not have control over certain features, such as race, nationality, sex, gender, or physical ability. However, those who fall outside the “norm” of all of these things are treated as if they do, as if they choose to inhabit a specific race, sex, or disabled body. Given that lawyers and judges are just as much social beings as everyone else, they are not immune to these prejudices. Therefore, these sentiments often linger in courtrooms and are used in arguments to ...


A Revolution At War With Itself? Preserving Employment Preferences From Weber To Ricci, Sophia Z. Lee Jun 2014

A Revolution At War With Itself? Preserving Employment Preferences From Weber To Ricci, Sophia Z. Lee

Faculty Scholarship at Penn Law

Two aspects of the constitutional transformation Bruce Ackerman describes in The Civil Rights Revolution were on a collision course, one whose trajectory has implications for Ackerman’s account and for his broader theory of constitutional change. Ackerman makes a compelling case that what he terms “reverse state action” (the targeting of private actors) and “government by numbers” (the use of statistics to identify and remedy violations of civil rights laws) defined the civil rights revolution. Together they “requir[ed] private actors, as well as state officials, to . . . realize the principles of constitutional equality” and allowed the federal government to “actually ...


Making The World In Atlanta's Image: The Student Nonviolent Coordinating Committee, Morris Abram, And The Legislative History Of The United Nations Race Convention, H. Timothy Lovelace Jan 2014

Making The World In Atlanta's Image: The Student Nonviolent Coordinating Committee, Morris Abram, And The Legislative History Of The United Nations Race Convention, H. Timothy Lovelace

Articles by Maurer Faculty

No abstract provided.


Gun Rights Talk, Joseph Blocher Jan 2014

Gun Rights Talk, Joseph Blocher

Faculty Scholarship

No abstract provided.


Introduction To The Workplace Constitution From The New Deal To The New Right, Sophia Z. Lee Jan 2014

Introduction To The Workplace Constitution From The New Deal To The New Right, Sophia Z. Lee

Faculty Scholarship at Penn Law

Today, most American workers do not have constitutional rights on the job. As The Workplace Constitution shows, this outcome was far from inevitable. Instead, American workers have a long history of fighting for such rights. Beginning in the 1930s, civil rights advocates sought constitutional protections against racial discrimination by employers and unions. At the same time, a conservative right-to-work movement argued that the Constitution protected workers from having to join or support unions. Those two movements, with their shared aim of extending constitutional protections to American workers, were a potentially powerful combination. But they sought to use those protections to ...


A Snitch In Time: An Historical Sketch Of Black Informing During Slavery, Andrea L. Dennis Jan 2013

A Snitch In Time: An Historical Sketch Of Black Informing During Slavery, Andrea L. Dennis

Scholarly Works

This article sketches the socio-legal creation, use, and regulation of informants in the Black community during slavery and the Black community’s response at that time. Despite potentially creating benefits such as crime control and sentence reduction, some Blacks today are convinced that cooperation with government investigations and prosecutions should be avoided. One factor contributing to this perspective is America’s reliance on Black informants to police and socially control Blacks during slavery, the Civil Rights Movement, and the Wars on Drugs, Crime and Gangs. Notwithstanding this historical justification for non-cooperation, only a few informant law and policy scholars have ...


Ua5/3 University Attorney - Committee File, Wku Archives Dec 2010

Ua5/3 University Attorney - Committee File, Wku Archives

WKU Archives Collection Inventories

Unprocessed committee files created by the University Attorney. Committees include the Council on Higher Education Special Committee on Minority Affairs, Administrative Council and Teacher Admissions, Certification, and Student Teaching Committee. This record group is unprocessed and must be reviewed for potential restricted materials before access is granted. Please contact the University Archivist prior to your visit.


Troubled Waters: Mid-Twentieth Century American Society On "Trial" In The Films Of John Waters, Taunya Lovell Banks Jan 2009

Troubled Waters: Mid-Twentieth Century American Society On "Trial" In The Films Of John Waters, Taunya Lovell Banks

Faculty Scholarship

In this Article Professor Banks argues that what makes many of filmmaker John Waters early films so subversive is his use of the “white-trash” body—people marginalized by and excluded from conventional white America—as countercultural heroes. He uses the white trash body as a surrogate for talk about race and sexuality in the early 1960s. I argue that in many ways Waters’ critiques of mid-twentieth century American society reflect the societal changes that occurred in the last forty years of that century. These societal changes resulted from the civil rights, gay pride, student, anti-war and women’s movements, all ...


A New E.R.A. Or A New Era? Amendment Advocacy And The Reconstitution Of Feminism, Serena Mayeri Jan 2009

A New E.R.A. Or A New Era? Amendment Advocacy And The Reconstitution Of Feminism, Serena Mayeri

Faculty Scholarship at Penn Law

Scholars have largely treated the reintroduction of the Equal Rights Amendment (ERA) after its ratification failure in 1982 as a mere postscript to a long, hard-fought, and ultimately unsuccessful campaign to enshrine women’s legal equality in the federal constitution. This Article argues that “ERA II” was instead an important turning point in the history of legal feminism and of constitutional amendment advocacy. Whereas ERA I had once attracted broad bipartisan support, ERA II was a partisan political weapon exploited by advocates at both ends of the ideological spectrum. But ERA II also became a vehicle for feminist reinvention. Congressional ...


The Heart Of The Game: Putting Race And Educational Equity At The Center Of Title Ix, Deborah L. Brake, Verna L. Williams Jan 2008

The Heart Of The Game: Putting Race And Educational Equity At The Center Of Title Ix, Deborah L. Brake, Verna L. Williams

Articles

This article examines how race and educational equity issues shape women's sports experiences, building upon the narrative of Darnellia Russell, a high school basketball player profiled in the documentary The Heart of the Game. Darnellia is a star player who, because of an unintended pregnancy, has to fight to play the game she loves.

This girl's story provides a unique and underutilized lens through which to examine gender and athletics, as well as evaluate the legal framework for gender equality in sport. In focusing on this narrative, we seek to give voice to black female athletes and to ...


Perceiving Subtle Sexism: Mapping The Social-Psychological Forces And Legal Narratives That Obscure Gender Bias, Deborah L. Brake Jan 2007

Perceiving Subtle Sexism: Mapping The Social-Psychological Forces And Legal Narratives That Obscure Gender Bias, Deborah L. Brake

Articles

This essay seeks to explain the Davis v. Monroe County Board of Education case as an interpretation of discrimination that notably and correctly focuses on how institutions cause sex-based harm, rather than on whether officials within chosen institutions act with a discriminatory intent. In the process, I discuss what appears to be the implicit theory of discrimination underlying the Davis decision: that schools cause the discrimination by exacerbating the harm that results from sexual harassment by students. I then explore the significance of the deliberate indifference requirement in this context, concluding that the standard, for all its flaws, is distinct ...


Title Ix As Pragmatic Feminism, Deborah Brake Jan 2007

Title Ix As Pragmatic Feminism, Deborah Brake

Articles

This paper uses Title IX as a vehicle for exploring the potential benefits of pragmatism for feminist legal theory. Title IX is unusual in antidiscrimination law for its eclectic approach to theory, drawing from liberal feminism, substantive equality, antisubordination and different voice models of equality at various points in the law's approach to gender equality in sports. This paper argues that Title IX, as a pragmatic approach to theory, provides a promising example of how feminist legal theory can draw from pragmatism to navigate the double-bind and the backlash.

Following an introduction in Part I, Part II of this ...


The Strange Career Of Jane Crow: Sex Segregation And The Transformation Of Anti-Discrimination Discourse, Serena Mayeri Jan 2006

The Strange Career Of Jane Crow: Sex Segregation And The Transformation Of Anti-Discrimination Discourse, Serena Mayeri

Faculty Scholarship at Penn Law

This article examines the causes and consequences of a transformation in anti-discrimination discourse between 1970 and 1977 that shapes our constitutional landscape to this day. Fears of cross-racial intimacy leading to interracial marriage galvanized many white Southerners to oppose school desegregation in the 1950s and 1960s. In the wake of Brown v. Board of Education, some commentators, politicians, and ordinary citizens proposed a solution: segregate the newly integrated schools by sex. When court-ordered desegregation became a reality in the late 1960s, a smattering of southern school districts implemented sex separation plans. As late as 1969, no one saw sex-segregated schools ...


Two "Wrongs" Do/Can Make A Right: Remembering Mathematics, Physics, & Various Legal Analogies (Two Negatives Make A Positive; Are Remedies Wrong?) The Law Has Made Him Equal, But Man Has Not, John C. Duncan Jr Jan 2005

Two "Wrongs" Do/Can Make A Right: Remembering Mathematics, Physics, & Various Legal Analogies (Two Negatives Make A Positive; Are Remedies Wrong?) The Law Has Made Him Equal, But Man Has Not, John C. Duncan Jr

Journal Publications

This article demonstrates the incomplete logic and inconsistent legal reasoning used in the argument against affirmative action. The phrase "two wrongs don't make a right" is often heard in addressing various attempts to equalize, to balance, and to correct the acknowledged wrongs of slavery and segregation and their derivative effects. Yet, "two wrongs do/can make a right" has a positive connotation. This article reviews the history of societal and judicial wrongs against Blacks, as well as the evolution of the narrowing in legal reasoning concerning discrimination against minorities, including Blacks. Next, the legal reasoning behind legacy programs will ...


Piercing The Prison Uniform Of Invisibility For Black Female Inmates, Michelle S. Jacobs Jan 2004

Piercing The Prison Uniform Of Invisibility For Black Female Inmates, Michelle S. Jacobs

UF Law Faculty Publications

In Inner Lives: Voices of African American Women In Prison, Professor Paula Johnson has written about the most invisible of incarcerated women — incarcerated African American women. The number of women incarcerated in the United States increased by seventy-five percent between 1986 and 1991. Of these women, a disproportionate number are black women. The percentages vary by region and by the nature of institution (county jail, state prison or federal facility), but the bottom line remains the same. In every instance, black women are incarcerated at rates disproportionate to their percentage in the general population. In Inner Lives, Professor Johnson offers ...


Where Shall We Live? Class And The Limitations Of Fair Housing Law, Wendell Pritchett Jan 2003

Where Shall We Live? Class And The Limitations Of Fair Housing Law, Wendell Pritchett

Faculty Scholarship at Penn Law

This paper examines the effort to secure fair housing laws at the local, state and federal levels in the 1950s, focusing in particular on New York City and state. It will examine the arguments that advocates made regarding the role the law should play in preventing housing discrimination, and the relationship of these views to advocates' understanding of property rights in general. My paper will argue that fair housing advocates had particular conceptions about the importance of housing in American society that both supported and limited their success. By arguing that minorities only sought what others wanted - a single-family home ...


Tumbling Towers As Turning Points: Will 9/11 Usher In A New Civil Rights Era For Gay Men And Lesbians In The United States?, Susan J. Becker Jan 2003

Tumbling Towers As Turning Points: Will 9/11 Usher In A New Civil Rights Era For Gay Men And Lesbians In The United States?, Susan J. Becker

Law Faculty Articles and Essays

This article examines the events of 9/11, and the potential resultant shifts in attitude, policies, and laws in the United States, through the lens of civil rights extended to gay and lesbian citizens. It seeks, but does not purport to definitively discover, the true meaning of the phrase "life will never be the same." It asks, but does not purport to fully answer, whether historians a century or two hence will look back on 9/11 as the turning point when the United States began to fulfill its promise of liberty to all people, or whether this date will ...


School Liability For Peer Sexual Harassment After Davis: Shifting From Intent To Causation In Discrimination Law, Deborah L. Brake Jan 2001

School Liability For Peer Sexual Harassment After Davis: Shifting From Intent To Causation In Discrimination Law, Deborah L. Brake

Articles

This essay seeks to explain the Davis v. Monroe County Board of Education case as an interpretation of discrimination that notably and correctly focuses on how institutions cause sex-based harm, rather than on whether officials within chose institutions act with a discriminatory intent. In the process, I discuss what appears to be the implicit theory of discrimination underlying the Davis decision: that schools cause the discrimination by exacerbating the harm that results from sexual harassment by students. I then explore the significance of the deliberate indifference requirement in this context, concluding that the standard, for all its flaws, is distinct ...


Beyond The Civil Rights Agenda For Blacks: Principles For The Pursuit Of Economic And Community Development, James Jennings Jan 1994

Beyond The Civil Rights Agenda For Blacks: Principles For The Pursuit Of Economic And Community Development, James Jennings

William Monroe Trotter Institute Publications

Over the last several decades, this country has experimented with economic development and social welfare strategies and programs molded by liberals and conservatives, and embodied in the policies and politics of both Republicans and Democrats at the national level. However, given the continuing social and economic crisis, and gaps between African Americans and whites, it seems the approaches of both liberals and conservatives have been inadequate. Due to the failure of current policy strategies, in terms of black living conditions, debate in the black community should move from disagreements between liberals and conservatives, or Democrats and Republicans, towards the question ...


Sncc Conference Pt. A "The New Abolitionists And The Modern South.", Trinity College Jan 1988

Sncc Conference Pt. A "The New Abolitionists And The Modern South.", Trinity College

We Shall Not Be Moved: videos of a1988 conference on the Student Non-violent Coordinating Committee

Featuring Howard Zinn, Joanne Grant, Mary King, June Johnson ; moderator, J. Ronald Spencer. Part of a 10 part series of videorecordings of a conference held at Trinity College, Hartford, CT, April 14-16, 1988, titled, "We Shall Not Be moved: The Life and Times of the Student Non-violent Coordinating Committee, 1960-1966"


Sncc Conference Pt. C "The Beginnings Of The Voter Registration Movement, 1961-1963.", Trinity College Jan 1988

Sncc Conference Pt. C "The Beginnings Of The Voter Registration Movement, 1961-1963.", Trinity College

We Shall Not Be Moved: videos of a1988 conference on the Student Non-violent Coordinating Committee

Featuring James Forman, Bernard Lafayette, Charles Sherrod, Danny Lyon ; moderator, Julian Bond. Part of a 10 part series of videorecordings of a conference held at Trinity College, Hartford, CT, April 14-16, 1988, titled, "We Shall Not Be moved: The Life and Times of the Student Non-violent Coordinating Committee, 1960-1966"


Sncc Conference Pt. I "The Rise And Triumph Of Black Power, 1965-1966.", Trinity College Jan 1988

Sncc Conference Pt. I "The Rise And Triumph Of Black Power, 1965-1966.", Trinity College

We Shall Not Be Moved: videos of a1988 conference on the Student Non-violent Coordinating Committee

Featuring Michael Thelwell, Cleveland Sellers, Gloria House, Courtland Cox ; moderator, James Miller. Part of a 10 part series of videorecordings of a conference held at Trinity College, Hartford, CT, April 14-16, 1988, titled, "We Shall Not Be moved: The Life and Times of the Student Non-violent Coordinating Committee, 1960-1966"


Sncc Conference Pt. B. "The Redemptive Community : The Sit-Ins, The Freedom Rides, And The Birth Of S.N.C.C.", Trinity College Jan 1988

Sncc Conference Pt. B. "The Redemptive Community : The Sit-Ins, The Freedom Rides, And The Birth Of S.N.C.C.", Trinity College

We Shall Not Be Moved: videos of a1988 conference on the Student Non-violent Coordinating Committee

Featuring Diane Nash, James Forman, Charles McDew, Bob Zellner ; moderator, Julian Bond. Part of a 10 part series of videorecordings of a conference held at Trinity College, Hartford, CT, April 14-16, 1988, titled, "We Shall Not Be moved: The Life and Times of the Student Non-violent Coordinating Committee, 1960-1966"


Sncc Conference Pt. D (Continued From Part C): "The Beginnings Of The Voter Registration Movement, 1961-1963.", Trinity College Jan 1988

Sncc Conference Pt. D (Continued From Part C): "The Beginnings Of The Voter Registration Movement, 1961-1963.", Trinity College

We Shall Not Be Moved: videos of a1988 conference on the Student Non-violent Coordinating Committee

Featuring James Forman, Bernard Lafayette, Charles Sherrod, Danny Lyon ; moderator, Julian Bond. Part of a 10 part series of videorecordings of a conference held at Trinity College, Hartford, CT, April 14-16, 1988, titled, "We Shall Not Be moved: The Life and Times of the Student Non-violent Coordinating Committee, 1960-1966"


Sncc Conference Pt. E. "In The Middle Of The Iceberg : The Movement In Mississippi, 1964-1965.", Trinity College Jan 1988

Sncc Conference Pt. E. "In The Middle Of The Iceberg : The Movement In Mississippi, 1964-1965.", Trinity College

We Shall Not Be Moved: videos of a1988 conference on the Student Non-violent Coordinating Committee

Featuring Lawrence Guyot, Victoria Gray Adams, Hollis Watkins, Mendy Samstein ; moderator, Casey Hayden. Part of a 10 part series of videorecordings of a conference held at Trinity College, Hartford, CT, April 14-16, 1988, titled, "We Shall Not Be moved: The Life and Times of the Student Non-violent Coordinating Committee, 1960-1966"


Sncc Conference Pt. F. "Oh Freedom : The Music Of The Movement", And Pt. G. "The S.N.C.C. Woman And The Stirrings Of Feminism.", Trinity College Jan 1988

Sncc Conference Pt. F. "Oh Freedom : The Music Of The Movement", And Pt. G. "The S.N.C.C. Woman And The Stirrings Of Feminism.", Trinity College

We Shall Not Be Moved: videos of a1988 conference on the Student Non-violent Coordinating Committee

Featuring Casey Hayden, Jean Wheeler Smith, Joyce Ladner ; moderator, Barbara Sicherman. Part of a 10 part series of videorecordings of a conference held at Trinity College, Hartford, CT, April 14-16, 1988, titled, "We Shall Not Be moved: The Life and Times of the Student Non-violent Coordinating Committee, 1960-1966"