Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2003

Civil rights

Discipline
Institution
Publication
Publication Type

Articles 1 - 30 of 55

Full-Text Articles in Law

America After 9/11: Freedom Preserved Or Freedom Lost: Hearing Before The S. Comm. On The Judiciary, 108th Cong., Nov. 18, 2003 (Statement Of Viet D. Dinh, Prof. Of Law, Geo. U. L. Center), Viet D. Dinh Nov 2003

America After 9/11: Freedom Preserved Or Freedom Lost: Hearing Before The S. Comm. On The Judiciary, 108th Cong., Nov. 18, 2003 (Statement Of Viet D. Dinh, Prof. Of Law, Geo. U. L. Center), Viet D. Dinh

Testimony Before Congress

No abstract provided.


A Room Of One's Own: Morality And Sexual Privacy After Lawrence V. Texas, Marybeth Herald Oct 2003

A Room Of One's Own: Morality And Sexual Privacy After Lawrence V. Texas, Marybeth Herald

ExpressO

No abstract provided.


An Analysis Of The Rights-Based Justification For Federal Intervention In Environmental Regulation, Daveed Gartenstein-Ross Oct 2003

An Analysis Of The Rights-Based Justification For Federal Intervention In Environmental Regulation, Daveed Gartenstein-Ross

Duke Environmental Law & Policy Forum

No abstract provided.


Twenty-Five Years Of A Divided Court And Nation: "Conflicting" Views Of Affirmative Action And Reverse Discrimination, Shaakirrah R. Sanders Oct 2003

Twenty-Five Years Of A Divided Court And Nation: "Conflicting" Views Of Affirmative Action And Reverse Discrimination, Shaakirrah R. Sanders

University of Arkansas at Little Rock Law Review

No abstract provided.


The Struggle For Civil Rights: The Need For, And Impediments To, Political Coalitions Among And Within Minority Groups, Kevin R. Johnson May 2003

The Struggle For Civil Rights: The Need For, And Impediments To, Political Coalitions Among And Within Minority Groups, Kevin R. Johnson

Louisiana Law Review

No abstract provided.


Comparative Judging Of Civil Rights: A Transnational Critical Race Theory Approach, Tanya Kateri Hernández May 2003

Comparative Judging Of Civil Rights: A Transnational Critical Race Theory Approach, Tanya Kateri Hernández

Louisiana Law Review

No abstract provided.


Louisiana Associated General Contractors: A Case Study In The Failure Of A State Equality Guarantee To Further The Transformative Vision Of Civil Rights, John Devlin May 2003

Louisiana Associated General Contractors: A Case Study In The Failure Of A State Equality Guarantee To Further The Transformative Vision Of Civil Rights, John Devlin

Louisiana Law Review

No abstract provided.


The Activist Insecurity And The Demise Of Civil Rights Law, John Valery White May 2003

The Activist Insecurity And The Demise Of Civil Rights Law, John Valery White

Louisiana Law Review

No abstract provided.


Foreword: Is Civil Rights Law Dead?, John Valery White May 2003

Foreword: Is Civil Rights Law Dead?, John Valery White

Louisiana Law Review

No abstract provided.


Discrimination And Dignity, Denise G. Réaume May 2003

Discrimination And Dignity, Denise G. Réaume

Louisiana Law Review

No abstract provided.


Why The University Of Michigan Should Win In Grutter And Gratz, Michael Higginbotham, Kathleen Bergin May 2003

Why The University Of Michigan Should Win In Grutter And Gratz, Michael Higginbotham, Kathleen Bergin

Louisiana Law Review

No abstract provided.


Affirmative Action After Grutter: Reflections On A Tortured Death, Imagining A Humanity-Affirming Reincarnation, Rhonda V. Magee Andrews May 2003

Affirmative Action After Grutter: Reflections On A Tortured Death, Imagining A Humanity-Affirming Reincarnation, Rhonda V. Magee Andrews

Louisiana Law Review

No abstract provided.


Civil Rights In The Post 911 World: Critical Race Praxis, Coalition Building, And The War On Terrorism, Adrien Katherine Wing May 2003

Civil Rights In The Post 911 World: Critical Race Praxis, Coalition Building, And The War On Terrorism, Adrien Katherine Wing

Louisiana Law Review

No abstract provided.


Shedding Tiers "Above And Beyond" The Federal Floor: Loving State Constitutional Equality Rights To Death In Louisiana, Robert F. Williams May 2003

Shedding Tiers "Above And Beyond" The Federal Floor: Loving State Constitutional Equality Rights To Death In Louisiana, Robert F. Williams

Louisiana Law Review

No abstract provided.


National Security At What Price: A Look Into Civil Liberty Concerns In The Information Age Under The Usa Patriot Act Of 2001 And A Proposed Constitutional Test For Future Legislation, Jacob R. Lilly Apr 2003

National Security At What Price: A Look Into Civil Liberty Concerns In The Information Age Under The Usa Patriot Act Of 2001 And A Proposed Constitutional Test For Future Legislation, Jacob R. Lilly

Cornell Journal of Law and Public Policy

No abstract provided.


What's Law Got To Do With It?: Historical Considerations On Class Struggle, Boundaries Of Constraint, And Capitalist Authority, Bryan D. Palmer Apr 2003

What's Law Got To Do With It?: Historical Considerations On Class Struggle, Boundaries Of Constraint, And Capitalist Authority, Bryan D. Palmer

Osgoode Hall Law Journal

This article offers a preliminary theoretical statement on the law as a set of boundaries constraining class struggle in the interests of capitalist authority. But those boundaries are not forever fixed, and are constantly evolving through the pressures exerted on them by active working-class resistance, some of which takes the form of overt civil disobedience. To illustrate this process, the author explores the ways in which specific moments of labour upheaval in 1886, 1919, 1937, and 1946 conditioned the eventual making of industrial legality. When this legality unravelled in the post-World War II period, workers were left vulnerable and their ...


Social Resistance And The Disturbing Of The Peace, John Clarke Apr 2003

Social Resistance And The Disturbing Of The Peace, John Clarke

Osgoode Hall Law Journal

Argues that preserving the Peace maintains injustice, and that it is morally just and historically necessary to challenge it with acts of social resistance.


Civil Disobedience, Civil Liberties, And Civil Resistance: Law's Role And Limits, Judy Fudge, Harry J. Glasbeek Apr 2003

Civil Disobedience, Civil Liberties, And Civil Resistance: Law's Role And Limits, Judy Fudge, Harry J. Glasbeek

Osgoode Hall Law Journal

Based on a two-year project launched by the Journal. Its goal was to engage students, faculty, and all members of the wider Osgoode and professional communities in an ongoing discussion about the nature and limits of law, seen through the lens of civil disobedient conduct in a legal polity that had developed mature democratic and civil liberty enhancing institutions. To this end, a variety of panels, seminars, and lectures were organized, beginning in the Fall of 2001. They were interpellated into the law school's curriculum. A culminating event was a conference in the Fall of 2002, to which a ...


Désobéissance Civile, Libertés Civiques, Et Résistance Civile: Rôle Et Limites Du Droit, Judy Fudge, Harry J. Glasbeek Apr 2003

Désobéissance Civile, Libertés Civiques, Et Résistance Civile: Rôle Et Limites Du Droit, Judy Fudge, Harry J. Glasbeek

Osgoode Hall Law Journal

Les contributions à cette collection proviennent des activités d’un projet de deux ans. Son but consistait à inviter les étudiants, la faculté, tous les membres de la communauté d'Osgoode et de la communauté juridique dans leur ensemble, à s'associer à un débat permanent sur la nature et les limites du droit, vues à travers le prisme de la conduite de désobéissance civile dans une politie juridique qui avait de longue date développé des institutions démocratiques et propagé les libertés civiques. À cette fin, divers panels, séminaires et conférences ont été organisés dès l'automne 2001. Ils sont ...


Civil Disobedience And The Law: The Role Of Legal Professionals, James Macpherson Apr 2003

Civil Disobedience And The Law: The Role Of Legal Professionals, James Macpherson

Osgoode Hall Law Journal

Discusses the role of judges when cases of civil disobedience are brought before the court.


The Right To Civil Disobedience, Vinit Haksar Apr 2003

The Right To Civil Disobedience, Vinit Haksar

Osgoode Hall Law Journal

This article compares and contrasts the way Gandhi understands the right to civil disobedience with the way this right is understood by some contemporary liberals. Some of the implications of the right to civil disobedience are also discussed. The right to civil disobedience implies that the authorities should extend some tolerance to civil disobedients not only when they are correct, but also when they are reasonably mistaken in their views. Tolerance here does not involve preventing civil disobedients from breaking the law, and implies that when civil disobedients break the law, they have a claim not to be punished or ...


From Hutchins Hall To Hyderabad And Beyond: A Comparative Look At Affirmative Action In Three Jurisdictions, Jason Morgan-Foster Apr 2003

From Hutchins Hall To Hyderabad And Beyond: A Comparative Look At Affirmative Action In Three Jurisdictions, Jason Morgan-Foster

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Reforming Civil Rights With Systems Reform: Health Care Disparities, Translation Services, & Safe Harbors, Sidney D. Watson Apr 2003

Reforming Civil Rights With Systems Reform: Health Care Disparities, Translation Services, & Safe Harbors, Sidney D. Watson

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Civil Disobedience And Academic Freedom, Leslie Green Apr 2003

Civil Disobedience And Academic Freedom, Leslie Green

Osgoode Hall Law Journal

What is the relation between the forms of principled law-breaking that we know as civil disobedience and the special rights of teachers and students that comprise academic freedom? It is argued that academic freedom does not give them a right to engage in civil disobedience, not even on campus. At the same time, however, academic freedom does protect them in studying, discussing, assessing, and even recommending civil disobedience--even when their opinions and recommendations are misguided or wrong. The subject is discussed in light of some recent cases.


Bail, Global Justice, And The Limits Of Dissent, Jackie Esmonde Apr 2003

Bail, Global Justice, And The Limits Of Dissent, Jackie Esmonde

Osgoode Hall Law Journal

This article examines the ways in which the law of bail has been used to criminalize dissent in Canada. Three case studies are analyzed to demonstrate how the law of bail has been applied to those arrested at global justice demonstrations associated with militant civil disobedience. The first case study examines the bail conditions imposed on protesters arrested at anti-APEC demonstrations in Vancouver 1997. These bail conditions were intentionally designed to prevent those arrested from attending the protests. The second case study focuses on the Ontario Coalition Against Poverty (OCAP), with an analysis of how the bail system has been ...


You Can't Ask (Or Say) That: The First Amendment And Civil Rights Restrictions On Decisionmaker Speech, Helen Norton Jan 2003

You Can't Ask (Or Say) That: The First Amendment And Civil Rights Restrictions On Decisionmaker Speech, Helen Norton

Articles

Federal, state, and local civil rights laws regulate private decisionmaking about whom an employer may hire or fire, to whom a landlord may rent an apartment, or to whom a creditor may extend credit. In prohibiting discriminatory conduct, however, these laws also limit the speech of those making these decisions. In this Article, Professor Norton explores how we might think about these civil rights laws in the context of the First Amendment, and their place within the Supreme Court's commercial speech jurisprudence. She concludes that the speech restricted by these laws may be characterized as falling outside the protection ...


Bioterrorism Defense: Are State Mandated Compulsory Vaccination Programs An Infringement Upon A Citizen's Constitutional Rights, Brendon Kohrs Jan 2003

Bioterrorism Defense: Are State Mandated Compulsory Vaccination Programs An Infringement Upon A Citizen's Constitutional Rights, Brendon Kohrs

Journal of Law and Health

The agents of anthrax and smallpox threaten the health and welfare of the state citizenry and therefore the state can enact legislation appropriate to offset the possible harm. In order for the enacted legislation to withstand a constitutional challenge, the possible harm has to be a compelling governmental interest of public safety and welfare narrowly tailored to that goal. The purpose of this article is to demonstrate that the United States Department of Health and Human Services has the ability to recommend a compulsory vaccination program for citizens, and this program would not be in violation of a person's ...


Multiple Ironies: Brown At 50, Ronald S. Sullivan Jr. Jan 2003

Multiple Ironies: Brown At 50, Ronald S. Sullivan Jr.

Faculty Scholarship Series

Brown v. Board of Education occupies a vaunted space in American
jurisprudence. One commentator writes that Brown is the most
celebrated case in the Court's history. Equally laudatory, another
commentator remarks: "In the half century since the Supreme Court's
decision, Brown has become a beloved legal and political icon." A
third proclaims that, "Brown forever changed the role of the United States Supreme Court in American politics and society." To the lay
public, Brown sits among a small pantheon of cases that is widely recognizable
to the average American.' Miranda and Roe v. Wade
likely are the only ...


The Interaction Of The Ada, The Fmla, And Workers' Compensation: Why Can't We Be Friends?, S. Elizabeth Malloy Jan 2003

The Interaction Of The Ada, The Fmla, And Workers' Compensation: Why Can't We Be Friends?, S. Elizabeth Malloy

Faculty Articles and Other Publications

This Article addresses some of the issues that arise when an employee injured at work qualifies for leave under the ADA, the FMLA and workers' compensation statutes. Part II of the Article provides a brief overview of these
three statutory schemes, focusing on the provisions, which define employee and employer qualification and the rights and responsibilities surrounding leave due to a work-related injury. Part III examines how the courts have resolved some of the overlapping and conflicting provisions contained in these statutes. This section particularly focuses on how the courts address employer obligations under all three statutes when an employee ...


Jose Padilla: Enemy Combatant Or Common Criminal, Samantha A. Pitts-Kiefer Jan 2003

Jose Padilla: Enemy Combatant Or Common Criminal, Samantha A. Pitts-Kiefer

Villanova Law Review

No abstract provided.