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Articles 1 - 30 of 84
Full-Text Articles in Law
Road Work: Racial Profiling And Drug Interdiction On The Highway, Samuel R. Gross, Katherine Y. Barnes
Road Work: Racial Profiling And Drug Interdiction On The Highway, Samuel R. Gross, Katherine Y. Barnes
Michigan Law Review
Hypocrisy about race is hardly new in America, but the content changes. Recently the spotlight has been on racial profiling. The story of Colonel Carl Williams of the New Jersey State Police is a wellknown example. On Sunday, February 28, 1999, the Newark Star Ledger published a lengthy interview with Williams in which he talked about race and drugs: "Today . . . the drug problem is cocaine or marijuana. It is most likely a minority group that's involved with that. " Williams condemned racial profiling - "As far as racial profiling is concerned, that is absolutely not right. It …
The Principle And Practice Of Women's "Full Citizenship": A Case Study Of Sex-Segregated Public Education, Jill Elaine Hasday
The Principle And Practice Of Women's "Full Citizenship": A Case Study Of Sex-Segregated Public Education, Jill Elaine Hasday
Michigan Law Review
For more than a quarter century, the Supreme Court has repeatedly declared that sex-based state action is subject to heightened scrutiny under the Equal Protection Clause. But the Court has always been much less clear about what that standard allows and what it prohibits. For this reason, it is especially noteworthy that one of the Court's most recent sex discrimination opinions, United States v. Virginia, purports to provide more coherent guidance. Virginia suggests that the constitutionality of sex-based state action turns on whether the practice at issue denies women "full citizenship stature" or "create[s) or perpetuate[s) the legal, social, …
Safe, But Not Sound: Limiting Safe Harbor Immunity For Health And Disability Insurers And Self-Insured Employers Under The Americans With Disabilities Act, Rachel Schneller Ziegler
Safe, But Not Sound: Limiting Safe Harbor Immunity For Health And Disability Insurers And Self-Insured Employers Under The Americans With Disabilities Act, Rachel Schneller Ziegler
Michigan Law Review
When Congress passed the Americans with Disabilities Act ("ADA") on July 26, 1990, supporters heralded the Act as a full-scale victory for the 43 million disabled Americans. The Act's protections went far beyond those of its predecessor, the Rehabilitation Act of 1974, which only prohibited discrimination against individuals with disabilities by entities receiving federal funding. The new act was intended to prevent discrimination by private and public employers, public services, and public accommodations. In a bill signing ceremony at the White House, in front of more than two thousand advocates for the disabled, then President George Bush likened the ADA …
The Select Steel Analytic Shortcut: An Outcome-Predictive Analytic Model Exposes The Flaws Of The Select Steel Approach To Title Vi, Gina M. Van Detta
The Select Steel Analytic Shortcut: An Outcome-Predictive Analytic Model Exposes The Flaws Of The Select Steel Approach To Title Vi, Gina M. Van Detta
North Carolina Central Law Review
No abstract provided.
The Case Against Employment Tester Standing Under Title Vii And 42 U.S.C. § 1981, Michael Bowling
The Case Against Employment Tester Standing Under Title Vii And 42 U.S.C. § 1981, Michael Bowling
Michigan Law Review
In 1964, Congress passed comprehensive legislation aimed at eradicating discrimination in employment, public accommodations, public facilities, public schools, and federal benefit programs. Title VII of this Act directed its aim specifically at stamping out prejudice in employment. Four years later, the Supreme Court resurrected the provisions of § 1 of the Civil Rights Act of 1866, which, among other things, protects citizens, regardless of race or color, in their right to "make and enforce [employment] contracts." Together, Title VII and § 1981 serve as the primary legal bases for challenging racially discriminatory actioris by private employers. More than thirty years …
An Equality Paradign For Preventing Genetic Discrimination, Anita Silvers, Michael A. Stein
An Equality Paradign For Preventing Genetic Discrimination, Anita Silvers, Michael A. Stein
Vanderbilt Law Review
On June 26, 2000, scientists announced at a White House news conference that they had completed mapping the human genome sequence, the human race's genetic blueprint. This pronouncement generated tremendous and well-deserved excitement. Genomics, the study and application of genetic information, promises to be an unparalleled tool for improving public health. Genetic testing can identify asymptomatic individuals who are at risk of becoming ill themselves or bestowing illness on their children. As a result, individuals who test positive can take prophylactic measures to slow or stop disease and can also reduce the births of progeny at high risk of compromised …
From Bartell To Erickson To Mauldin: Title Vii's Effect On Insurance Coverage Of Contraceptives, Mari K. Cania
From Bartell To Erickson To Mauldin: Title Vii's Effect On Insurance Coverage Of Contraceptives, Mari K. Cania
Buffalo Women's Law Journal
No abstract provided.
Selective Strict Scrutiny – A New Way To Use Suspect Classifications, Bruce Comly French
Selective Strict Scrutiny – A New Way To Use Suspect Classifications, Bruce Comly French
Buffalo Public Interest Law Journal
No abstract provided.
A Remembrance Of Things Past?: Reflections On The Warren Court And The Struggle For Civil Rights, Ronald J. Krotoszynski, Jr.
A Remembrance Of Things Past?: Reflections On The Warren Court And The Struggle For Civil Rights, Ronald J. Krotoszynski, Jr.
Washington and Lee Law Review
No abstract provided.
Intersection And Divergence: Some Reflections On The Warren Court, Civil Rights, And The First Amendment, Lillian R. Bevier
Intersection And Divergence: Some Reflections On The Warren Court, Civil Rights, And The First Amendment, Lillian R. Bevier
Washington and Lee Law Review
No abstract provided.
The Law And Culture-Shift: Race And The Warren Court Legacy, John O. Calmore
The Law And Culture-Shift: Race And The Warren Court Legacy, John O. Calmore
Washington and Lee Law Review
No abstract provided.
Equal Educational Opportunity By The Numbers: The Warren Court's Empirical Legacy, Michael Heise
Equal Educational Opportunity By The Numbers: The Warren Court's Empirical Legacy, Michael Heise
Washington and Lee Law Review
No abstract provided.
The Story Of A Forgotten Battle: Reviewing The Mormon Question: Polygamy And Constitutional Conflict In Nineteenth Century America, Nathan B. Oman
The Story Of A Forgotten Battle: Reviewing The Mormon Question: Polygamy And Constitutional Conflict In Nineteenth Century America, Nathan B. Oman
BYU Law Review
No abstract provided.
Forfeiting "Enduring Freedom" For "Homeland Security": A Constitutional Analysis Of The Usa Patriot Act And The Justice Department's Anti-Terrorism Initiatives , John W. Whitehead, Steven H. Aden
Forfeiting "Enduring Freedom" For "Homeland Security": A Constitutional Analysis Of The Usa Patriot Act And The Justice Department's Anti-Terrorism Initiatives , John W. Whitehead, Steven H. Aden
American University Law Review
No abstract provided.
A Rational Basis For Affirmative Action: A Shaky But Classical Liberal Defense, Richard A. Epstein
A Rational Basis For Affirmative Action: A Shaky But Classical Liberal Defense, Richard A. Epstein
Michigan Law Review
I am honored to participate in a symposium on the occasion of the lOOth anniversary of one of America's preeminent law reviews. I am saddened, however, to write, at what should be a moment of celebration, with the knowledge that both the Law School and the College of Literature, Science and the Arts are enmeshed in extensive litigation over the critical and explosive issue of affirmative action. To find striking evidence of the deep split of learned judicial views on this issue, it is necessary to look no further than the sequence of opinions in Gratz v. Bollinger and Grutter …
Some Effects Of Identity-Based Social Movements On Constitutional Law In The Twentieth Century, William N. Eskridge Jr.
Some Effects Of Identity-Based Social Movements On Constitutional Law In The Twentieth Century, William N. Eskridge Jr.
Michigan Law Review
What motivated big changes in constitutional law doctrine during the twentieth century? Rarely did important constitutional doctrine or theory change because of formal amendments to the document's text, and rarer still because scholars or judges "discovered" new information about the Constitution's original meaning. Precedent and common law reasoning were the mechanisms by which changes occurred rather than their driving force. My thesis is that most twentieth century changes in the constitutional protection of individual rights were driven by or in response to the great identity-based social movements ("IBSMs") of the twentieth century. Race, sex, and sexual orientation were markers of …
Lesbians, Gay Men, And The Canadian Charter Of Rights And Freedoms, Brenda Cossman
Lesbians, Gay Men, And The Canadian Charter Of Rights And Freedoms, Brenda Cossman
Osgoode Hall Law Journal
The legacy of the first twenty years of the Charter for lesbians and gay men is a contradictory one of victories and defeats. At the level of doctrine, strategy, and politics, both the victories and defeats have been precarious and contradictory. While gaining formal equality rights, lesbians and gay men have not been able to secure rights to sexual freedom. And while formal equality has displaced the heteronormativity that denied legal recognition and subjectivity to lesbians and gay men, this formal equality has come at a cost. Lesbians and gay men are being reconstituted in law: some are being newly …
"Whoever Fights Monsters Should See To It That In The Process He Does Not Become A Monster": The Necessity Of Maintaining And Narrowing The Welcomeness Requirement In Sexual Harassment Suits, Leigh A. Salmon
Indiana Law Journal
No abstract provided.
Civil Rights, Robin Jean Davis, Louis J. Palmer Jr.
Civil Rights, Robin Jean Davis, Louis J. Palmer Jr.
West Virginia Law Review
No abstract provided.
After Ellerth: The Tangible Employment Action In Sexual Harassment Analysis, Susan Grover
After Ellerth: The Tangible Employment Action In Sexual Harassment Analysis, Susan Grover
University of Michigan Journal of Law Reform
In this Article, Professor Grover argues that courts too readily allow employers to avoid vicarious liability for supervisors' unlawful sexual harassment of subordinates. The Article explores the breadth of the affirmative defense first introduced in the Supreme Court's 1998 cases of Faragher v. Boca Raton and Burlington Indus., Inc. v. Ellerth. That defense clears an employer of liability for a supervisor's unlawful sexual harassment if (a) the employer exercised reasonable care to prevent and correct promptly any sexually harassing behavior, and (b) the plaintiff employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the …
Conceptualizing Constitutional Litigation As Anti-Government Expression: A Speech-Centered Theory Of Court Access, Robert L. Tsai
Conceptualizing Constitutional Litigation As Anti-Government Expression: A Speech-Centered Theory Of Court Access, Robert L. Tsai
American University Law Review
This Article proposes a speech-based right of court access. First, it finds the traditional due process approach to be analytically incoherent and of limited practical value. Second, it contends that history, constitutional structure, and theory all support conceiving of the right of access as the modern analogue to the right to petition government for redress. Third, the Article explores the ways in which the civil rights plaintiff's lawsuit tracks the behavior of the traditional dissident. Fourth, by way of a case study, the essay argues that recent restrictions - notably, a congressional limitation on the amount of fees counsel for …
Reparations For Slavery: A Dream Deferred, Watson Branch
Reparations For Slavery: A Dream Deferred, Watson Branch
San Diego International Law Journal
When the year began, the prediction was that 2001 was going to be the "Year of Reparations." Both internationally and in the United States, the consensus held that the time had finally come for governments around the world to face up to racism and apologize for the harm brought about by slavery and its aftermath harm in the past, to those long dead, and in the present, to those who, because of the color of their skin, still suffer from racism. Governments were expected to make amends for that harm through restitution and compensation, whether individual or collective. This willingness …
Parental-Status Employment Discrimination: A Wrong In Need Of A Right?, Peggie R. Smith
Parental-Status Employment Discrimination: A Wrong In Need Of A Right?, Peggie R. Smith
University of Michigan Journal of Law Reform
This Article evaluates strategies to challenge employment discrimination based on parental status. Specifically, it examines proposals put forth by some commentators to establish parental status as a protected class. While such a suggestion is attractive, the Article argues that it ultimately offers few practical advantages and remains wedded to a limited conception of equality, requiring only that employment decisions not reflect differences based on parenthood. Consequently, such a strategy would satisfy anti-discrimination legislation so long as both men and women with parental obligations are equally ill-treated. The Article concludes that a shift in perspective from gender to parental status will …
How The "Equal Opportunity" Sexual Harasser Discriminates On The Basis Of Gender Under Title Vii, Kyle F. Mothershead
How The "Equal Opportunity" Sexual Harasser Discriminates On The Basis Of Gender Under Title Vii, Kyle F. Mothershead
Vanderbilt Law Review
Americans commonly know that federal law prohibits workplace sexual harassment. Many might be surprised to find, however, that generally courts have not found liability in the case of the so-called "equal opportunity" harasser.' A simple hypothetical will explain the nature of this peculiar species of harasser. Suppose Ken and Carol are both employed at Happyfun, Inc. as manufacturers of reindeer Christmas ornaments under the direction of their supervisor, Fred. Fred corners each of them daily and asks, "How about some sex today?" No doubt he is sexually harassing both Ken and Carol. If they sue for relief, however, a judge …
Mexico And The 1981 United Nations Declaration On The Elimination Of All Forms Of Intolerance And Of Discrimination Based On Religion Or Belief, Jose Luis Soberanes Fernandez
Mexico And The 1981 United Nations Declaration On The Elimination Of All Forms Of Intolerance And Of Discrimination Based On Religion Or Belief, Jose Luis Soberanes Fernandez
BYU Law Review
No abstract provided.
Despite A Recent Eleventh Circuit Decision, Diversity Remains A Compelling Interest In The University Admissions Process, David A. Kelly
Despite A Recent Eleventh Circuit Decision, Diversity Remains A Compelling Interest In The University Admissions Process, David A. Kelly
Brigham Young University Journal of Public Law
No abstract provided.
Contemporary Discussions On Religious Minorities In Islam, Jorgen S. Nielsen
Contemporary Discussions On Religious Minorities In Islam, Jorgen S. Nielsen
BYU Law Review
No abstract provided.
Killing The Messenger: The Misuse Of Disparate Impact Theory To Challenge High-Stakes Educational Tests, Jennifer C. Braceras
Killing The Messenger: The Misuse Of Disparate Impact Theory To Challenge High-Stakes Educational Tests, Jennifer C. Braceras
Vanderbilt Law Review
There are two basic theoretical models for addressing claims of discrimination: disparate treatment and disparate impact. The disparate treatment model attempts to expose and punish intentional discrimination; the disparate impact model seeks to eliminate policies that, while neutral on their face, disproportionately harm members of a protected class. Since 1991, Title VII of the Civil Rights Act of 1964, which prohibits discrimination in employment, has expressly permitted plaintiffs to challenge employment practices with a disproportionate impact on certain protected groups. By contrast, Title VI, which prohibits discrimination by federally assisted programs including most schools, does not explicitly authorize claims of …
Confounded By Cromartie: Are Racial Stereotypes Now Acceptable Across The Board Or Only When Used In Support Of Partisan Gerrymanders?, John Hart Ely
Confounded By Cromartie: Are Racial Stereotypes Now Acceptable Across The Board Or Only When Used In Support Of Partisan Gerrymanders?, John Hart Ely
University of Miami Law Review
No abstract provided.
The Selective Deportation Of Same-Gender Partners: In Search Of The "Rara Avis", Victor C. Romero
The Selective Deportation Of Same-Gender Partners: In Search Of The "Rara Avis", Victor C. Romero
University of Miami Law Review
No abstract provided.