Law Commons^™

Racist Speech, Outsider Jurisprudence, And The Meaning Of America, Steven H. Shiffrin

Cornell Law Faculty Publications

Racist Speech Outsider Jurisprudence And The Meaning Of America , Steven H. Shiffrin

Cornell Law Review

No abstract provided.

Racial Segregation In Canadian Legal History: Viola Desmond's Challenge, Nova Scotia, 1946, Constance Backhouse

Dalhousie Law Journal

Viola Desmond's courageous efforts to eliminate racial segregation are not as well known to Canadians in general. However, the legal response to Viola Desmond' s challenge provides one of the best examples of the historical role of law in sustaining racism in Canada.

No Time For Trumpets: Title Vii, Equality, And The Fin De Sièchle, D. Marvin Jones

Michigan Law Review

My essay seeks to examine the internal architecture of the discursive barrier - the wall - that the Supreme Court has built within the doctrinal framework of Title VII and concomitantly within the discourse of equality. To understand how the Court has erected this discursive wall, we must begin with history. Equality, while historically a vehicle for national identity and contemporaneously for modernist conceptions of justice, is synchronically and diachronically indeterminate. Equality is a deeply sedimented concept with not one objective meaning but successive levels of meaning built up over time. Each of those historic understandings is itself a unity …

Caste And The Civil Rights Laws: From Jim Crow To Same-Sex Marriages, Richard A. Epstein

Michigan Law Review

In this essay I address the notion of caste in two separate contexts: in the traditional disputes over race and sex, and in the more modem disputes over sexual orientation. In both cases the idea of caste and its kindred notions of subordination and hierarchy are used to justify massive forms of government intervention. In all cases I think that these arguments are incorrect. In their place, I argue that the idea of caste should be confined to categories of formal, or legal, distinctions between persons before the law. This more limited notion of caste supplies no justification for the …

Ethics, The Legacy Of The Reverend Doctor Martin Luther King, Jr., And The Movement Toward Environmental Justice, Beverly Mcqueary Smith

Scholarly Works

No abstract provided.

University Hate Speech Codes: A Necessary Method In The Process Of Eradicating The Universal Wrong Of Racism, Nooshin Namazi, James H. Cahill

Touro Law Review

No abstract provided.

Overcoming Environmental Discrimination: The Need For A Disparate Impact Test And Improved Notice Requirements In Facility Siting Decisions, Omar Saleem

Journal Publications

No abstract provided.

Environmental Justice Litigation: Another Stone In David’S Sling, Luke W. Cole

Fordham Urban Law Journal

This Article attempts to synthesize some of the lessons environmental justice lawyers have learned, in order to offer a practitioner’s perspective on environmental justice cases. The author’s ambition in setting out these lessons is to allow community groups and attorneys entering the struggle to learn from mistakes, emulate successes, and avoid re-inventing the wheel. Without addressing the strategic and tactical drawbacks of litigation, this Article assumes that a community group has decided to pursue litigation. This Article will only discuss siting cases, as siting disputes have been the primary context for environmental justice litigation thus far. The Article proposes a …