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Civil rights

Civil Rights and Discrimination

Duke Law

Articles 1 - 18 of 18

Full-Text Articles in Law

Tainted Precedent, Darrell A. H. Miller Jan 2021

Tainted Precedent, Darrell A. H. Miller

Faculty Scholarship

No abstract provided.


Slouching Toward Universality: A Brief History Of Race, Voting, And Political Participation, Guy-Uriel E. Charles, Luis E. Fuentes-Rohwer Jan 2019

Slouching Toward Universality: A Brief History Of Race, Voting, And Political Participation, Guy-Uriel E. Charles, Luis E. Fuentes-Rohwer

Faculty Scholarship

No abstract provided.


Race And Representation Revisited: The New Racial Gerrymandering Cases And Section 2 Of The Vra, Guy-Uriel Charles, Luis Fuentes-Rohwer Jan 2018

Race And Representation Revisited: The New Racial Gerrymandering Cases And Section 2 Of The Vra, Guy-Uriel Charles, Luis Fuentes-Rohwer

Faculty Scholarship

No abstract provided.


The Thirteenth Amendment, Disparate Impact, And Empathy Deficits, Darrell A. H. Miller Jan 2016

The Thirteenth Amendment, Disparate Impact, And Empathy Deficits, Darrell A. H. Miller

Faculty Scholarship

No abstract provided.


Race, Federalism, And Voting Rights, Guy-Uriel E. Charles, Luis Fuentes-Rohwer Jan 2015

Race, Federalism, And Voting Rights, Guy-Uriel E. Charles, Luis Fuentes-Rohwer

Faculty Scholarship

In Shelby County v. Holder, the Court struck down an important provision of the Voting Rights Act, section 4, on federalism grounds. The Court argued that Congress no longer had the power to enact section 4 because of the “federalism costs” imposed by the Act and because the Act violated "basic principles" of federalism. Unfortunately, the Court failed to articulate the costs to federalism imposed by the Act, much less conduct a cost-benefit analysis in order to determine whether the benefits of the Act outweighed its costs. Moreover, the Court failed to discuss whether the Reconstruction Amendments ought to matter ...


Title Vii At 50: Contemporary Challenges For U.S. Employment Discrimination Law, Trina Jones Jan 2014

Title Vii At 50: Contemporary Challenges For U.S. Employment Discrimination Law, Trina Jones

Faculty Scholarship

No abstract provided.


Response: Anti-Discrimination Law In Peril?, Trina Jones Jan 2010

Response: Anti-Discrimination Law In Peril?, Trina Jones

Faculty Scholarship

No abstract provided.


Reply: Good Intentions Matter, Katharine T. Bartlett Jan 2010

Reply: Good Intentions Matter, Katharine T. Bartlett

Faculty Scholarship

While writing the article to which Professors Mitchell and Bielby have published responses, I was mindful of the many ways in which the article could be misinterpreted. In taking issue with the assumption that legal controls work in a direct, linear manner to deter crimination, I thought I might be misunderstood to say that people are not responsive to incentives. In worrying about how legal sanctions exert external pressure that may crowd out the inclination of well-intentioned people to self-monitor for bias, I feared that the article would be read mistakenly to oppose strong and appropriate legal rules against discrimination ...


Do We Care Enough About Racial Inequality? Reflections On The River Runs Dry, Guy-Uriel Charles Jan 2009

Do We Care Enough About Racial Inequality? Reflections On The River Runs Dry, Guy-Uriel Charles

Faculty Scholarship

In response to Kimberly West-Faulcon, The River Runs Dry: When Title VI Trumps State Anti–Affirmative Action Laws, 157 University of Pennsylvania Law Review 1075 (2009)


Toward A New Civil Rights Framework, Guy-Uriel Charles Jan 2007

Toward A New Civil Rights Framework, Guy-Uriel Charles

Faculty Scholarship

No abstract provided.


Civil Rights And Civil Liberties: Whose “Rule Of Law”?, William W. Van Alstyne Jan 2003

Civil Rights And Civil Liberties: Whose “Rule Of Law”?, William W. Van Alstyne

Faculty Scholarship

No abstract provided.


Foreign Affairs And Domestic Reform (Book Review), Curtis A. Bradley Jan 2001

Foreign Affairs And Domestic Reform (Book Review), Curtis A. Bradley

Faculty Scholarship

Reviewing, Mary L. Dudziak, Cold War Civil Rights: Race and the Image of American Democracy (2000).


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

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

Faculty Scholarship

No abstract provided.


Lawyers And Social Justice, Michael E. Tigar Jan 1995

Lawyers And Social Justice, Michael E. Tigar

Faculty Scholarship

No abstract provided.


Whose Rights? What Danger?, Michael E. Tigar Jan 1985

Whose Rights? What Danger?, Michael E. Tigar

Faculty Scholarship

No abstract provided.


Equality For Individuals Or Equality For Groups: Implications Of The Supreme Court Decision In The Manhart Case, William W. Van Alstyne Jan 1978

Equality For Individuals Or Equality For Groups: Implications Of The Supreme Court Decision In The Manhart Case, William W. Van Alstyne

Faculty Scholarship

This commentary breaks down the case of the City of Los Angeles Department of Water and Power v. Manhart and discusses what effects the Supreme Court's decision will have when Title VII is applied to university employers, particularly in their relationship with TIAA-CREF


New Frontiers, Michael E. Tigar Jan 1969

New Frontiers, Michael E. Tigar

Faculty Scholarship

No abstract provided.


The New Law Of Race Relations, Arthur Larson Jan 1969

The New Law Of Race Relations, Arthur Larson

Faculty Scholarship

No abstract provided.