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Articles 1 - 16 of 16

Full-Text Articles in Law

The Hidden Fences Shaping Resegregation, Jeannine Bell Jan 2019

The Hidden Fences Shaping Resegregation, Jeannine Bell

Articles by Maurer Faculty

This Article offers a window into the experiences that inform the neighborhood choices of middle-class and upper-middle-class Blacks. As I suggest below, there are many hidden fences, walling off white neighborhoods and restricting Blacks’ housing choices in de facto ways. These hidden fences exist in the form of the many challenges Blacks face when moving to white neighborhoods. The obstacles to easy, contented lives range from police harassment to anti-integrationist violence that push Blacks into less affluent neighborhoods. Ultimately, this Article demonstrates how race can circumscribe housing choice and social mobility, even in the absence of legal barriers restricting where ...


Animus And Its Alternatives: Constitutional Principle And Judicial Prudence, Daniel O. Conkle Jan 2019

Animus And Its Alternatives: Constitutional Principle And Judicial Prudence, Daniel O. Conkle

Articles by Maurer Faculty

In a series of cases addressing sexual orientation and other issues, the Supreme Court has ruled that animus-based lawmaking is constitutionally impermissible. The Court treats animus as an independent and sufficient basis for invalidation. Moreover, it appears to regard animus as a doctrine of first resort, to be utilized even when an alternative constitutional rationale, such as declaring a challenged classification suspect or quasi-suspect, would readily justify the same result. Responding especially to Professor William D. Araiza’s elaboration and defense of the Court’s animus doctrine, I agree that this doctrine is sound, indeed compelling, as a matter of ...


Intimate Liberties And Antidiscrimination Law, Deborah A. Widiss Jan 2017

Intimate Liberties And Antidiscrimination Law, Deborah A. Widiss

Articles by Maurer Faculty

In assessing laws that regulate marriage, procreation, and sexual intimacy, the Supreme Court has recognized a “synergy” between guaranteeing personal liberties and advancing equality. Courts interpreting the antidiscrimination laws that govern the private sector, however, often draw artificial and untenable lines between “conduct” and “status” to preclude protections for individuals or couples who face censure because of their intimate choices. This Article exposes how these arguments have been used to justify not only discrimination against the lesbian and gay community, but also discrimination against heterosexual couples who engage in non-marital intimacy or non-marital childrearing.

During the 1980s and 1990s, several ...


Domestic Violence And The Workplace: The Explosion Of State Legislation And The Need For A Comprehensive Strategy, Deborah A. Widiss Jan 2008

Domestic Violence And The Workplace: The Explosion Of State Legislation And The Need For A Comprehensive Strategy, Deborah A. Widiss

Articles by Maurer Faculty

In recent years, domestic violence legislation has migrated out of its traditional locus in family law and criminal law to include a rapidly growing body of employment law. The new laws respond to a relatively simple problem: Economic security is one of the most important factors in whether a victim of domestic violence will be able to separate from an abusive partner, but domestic violence often interferes with victims' ability to maintain jobs, thus causing job loss that further traps victims in abusive relationships. By providing supports to victims and empowering employers to take direct legal action against perpetrators of ...


Lessons Learned From Comparing The Application Of Constitutional Law And Anti-Discrimination Law To African Americans In The U.S. And Dalits In India In The Context Of Higher Education, Kevin D. Brown, Vinay Sitapati Jan 2008

Lessons Learned From Comparing The Application Of Constitutional Law And Anti-Discrimination Law To African Americans In The U.S. And Dalits In India In The Context Of Higher Education, Kevin D. Brown, Vinay Sitapati

Articles by Maurer Faculty

In this Article the authors will compare the development of constitutional law and federal anti-discrimination law in the context of higher education of African-Americans in the U.S. and Dalits in India. Both groups suffer from oppression and discrimination based upon a hereditary trait and related to their integration into mainstream society; neither group is completely isolated from the majority population responsible for the discrimination; and African-Americans and Dalits approximate similar percentages of their country's population. Based upon the 2000 census, African-Americans constitute 12.7% of the American populations, and, according to the 1991 Census Report of India, Dalits ...


Income And Career Satisfaction In The Legal Profession: Survey Data From Indiana Law School Graduates, Jeffrey E. Stake, Kenneth G. Dau-Schmidt, Kaushik Mukhopadhaya Jan 2007

Income And Career Satisfaction In The Legal Profession: Survey Data From Indiana Law School Graduates, Jeffrey E. Stake, Kenneth G. Dau-Schmidt, Kaushik Mukhopadhaya

Articles by Maurer Faculty

This article presents data on graduates of a law school located at a large, midwestern public university. It presents responses to survey questions relating to various personal and job characteristics, including income from the practice of law and career satisfaction. It compares the responses across various demographic groups, including type of practice, gender, race, and ethnicity. We find that lawyers in large private law firms make more money than lawyers in small private practices, who, in turn, make more than those in government or public interest positions. Career satisfaction is greatest for lawyers in corporate counsel, public interest, and government ...


Exposing Sex Stereotypes In Recent Same-Sex Marriage Jurisprudence, Deborah A. Widiss, Elizabeth Rosenblatt, Douglas Nejaime Jan 2007

Exposing Sex Stereotypes In Recent Same-Sex Marriage Jurisprudence, Deborah A. Widiss, Elizabeth Rosenblatt, Douglas Nejaime

Articles by Maurer Faculty

This article examines sex discrimination arguments in recent same-sex marriage cases. Since 1993, when the Hawaii Supreme Court held in Baehr v. Lewin that denying same-sex couples the right to marry could state a claim of sex discrimination, every state high court to consider the issue has rejected the claim. But many recent decisions have in fact relied upon sex-based stereotypes to justify marriage restrictions. These include claims that men and women, simply by virtue of their gender, provide distinct role models for children; that men and women play "opposite" or "complementary" roles within marriage; and that marriage is essential ...


Preclearance, Discrimination, And The Department Of Justice: The Case Of South Carolina, Luis Fuentes-Rohwer, Guy-Uriel E. Charles Jan 2006

Preclearance, Discrimination, And The Department Of Justice: The Case Of South Carolina, Luis Fuentes-Rohwer, Guy-Uriel E. Charles

Articles by Maurer Faculty

No abstract provided.


Employment Protection For Domestic Violence Victims, Deborah A. Widiss, Wendy R. Weiser Jan 2004

Employment Protection For Domestic Violence Victims, Deborah A. Widiss, Wendy R. Weiser

Articles by Maurer Faculty

No abstract provided.


Book Review. Belonging To America, Lauren K. Robel Jan 1991

Book Review. Belonging To America, Lauren K. Robel

Articles by Maurer Faculty

No abstract provided.


The Relevance Of Statistics To Prove Discrimination: A Typology, Julia C. Lamber, Barbara Reskin, Terry Dworkin Jan 1983

The Relevance Of Statistics To Prove Discrimination: A Typology, Julia C. Lamber, Barbara Reskin, Terry Dworkin

Articles by Maurer Faculty

No abstract provided.


Private Causes Of Action Under Federal Agency Nondiscrimination Statutes, Julia C. Lamber Jan 1978

Private Causes Of Action Under Federal Agency Nondiscrimination Statutes, Julia C. Lamber

Articles by Maurer Faculty

Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race in programs and activities receiving federal financial assistance. Similarly Title IX of the Education Amendments of 1972 prohibits sex discrimination in federally funded education programs or activities. Although the effect of Title VI has been felt primarily in education, the statutory prohibition applies to any federally funded activity, public or private, including hospitals, social service and welfare agencies, law enforcement agencies, housing, and recreational programs. Both statutes provide for administrative enforcement against prohibited activities. This article explores the question of whether a private cause ...


Human Rights In South Africa, John T. Baker Jan 1965

Human Rights In South Africa, John T. Baker

Articles by Maurer Faculty

No abstract provided.


The Association And The Desegregation Controversy, Ralph F. Fuchs Jan 1962

The Association And The Desegregation Controversy, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.


Book Review. Discrimination By Railroads And Other Public Utilities By I. Beverly Lake, Ivan C. Rutledge Jan 1948

Book Review. Discrimination By Railroads And Other Public Utilities By I. Beverly Lake, Ivan C. Rutledge

Articles by Maurer Faculty

No abstract provided.


Constitutional Law -- Equal Protection Clause -- Discrimination, Fowler V. Harper Jan 1929

Constitutional Law -- Equal Protection Clause -- Discrimination, Fowler V. Harper

Articles by Maurer Faculty

No abstract provided.