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2003

Civil rights

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Articles 31 - 55 of 55

Full-Text Articles in Law

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.


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

Publications

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 of …


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

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

Scholarly Works

Civil rights law is today moribund. An impressive edifice, built upon the ruins of Jim Crow, with the blood and sweat of the civil rights movement, and intended to both dismantle that system and ensure the civil liberties that Jim Crow illustrated were all too easily lost, civil rights law was to be the lasting monument of the civil rights struggle. Fortified by this legacy, civil rights law retains a symbolic value, implying that there are formidable forces working to protect citizens from abusive state action, to ensure a broad anti-discrimination ethic, and to fix the wrongs of Jim Crow. …


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 constitutional …


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 …


Federal Courts: Alexander V. Sandoval: Civil Rights Without Remedies, Benjamin Labow Jan 2003

Federal Courts: Alexander V. Sandoval: Civil Rights Without Remedies, Benjamin Labow

Oklahoma Law Review

No abstract provided.


Foreward: Is Civil Rights Law Dead?, John Valery White Jan 2003

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

Scholarly Works

This forward to The Louisiana Law Review’s Spring 2003 Symposium on civil rights presents a hypothetical that highlights the perils of civil rights litigation.


Where Shall We Live? Class And The Limitations Of Fair Housing Law, Wendell Pritchett Jan 2003

Where Shall We Live? Class And The Limitations Of Fair Housing Law, Wendell Pritchett

All Faculty Scholarship

This paper examines the effort to secure fair housing laws at the local, state and federal levels in the 1950s, focusing in particular on New York City and state. It will examine the arguments that advocates made regarding the role the law should play in preventing housing discrimination, and the relationship of these views to advocates' understanding of property rights in general. My paper will argue that fair housing advocates had particular conceptions about the importance of housing in American society that both supported and limited their success. By arguing that minorities only sought what others wanted - a single-family …


Addressing Domestic Violence Through A Strategy Of Economic Rights, Donna Coker Jan 2003

Addressing Domestic Violence Through A Strategy Of Economic Rights, Donna Coker

Articles

No abstract provided.


Tolerance As Understanding, Jay Schiffman Jan 2003

Tolerance As Understanding, Jay Schiffman

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


The Latest Chapter In The Saga Of A Spiritless Law: Detaining Haitian Asylum Seekers As A Violation Of The Spirit And The Letter Of International Law, Michael Rowan Jan 2003

The Latest Chapter In The Saga Of A Spiritless Law: Detaining Haitian Asylum Seekers As A Violation Of The Spirit And The Letter Of International Law, Michael Rowan

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Congruence And Proportionality For Congressional Enforcement Powers: Cosmetic Change Or Velvet Revolution?, Elisabeth Zoller Jan 2003

Congruence And Proportionality For Congressional Enforcement Powers: Cosmetic Change Or Velvet Revolution?, Elisabeth Zoller

Indiana Law Journal

Symposium: Congressional Power in the Shadow of the Rehnquist Court: Strategies for the Future held at Indiana University Law School, February 1-2, 2002.


Adjudication, Antisubordination, And The Jazz Connection, Christopher A. Bracey Jan 2003

Adjudication, Antisubordination, And The Jazz Connection, Christopher A. Bracey

GW Law Faculty Publications & Other Works

We live in the midst of a pervasive and sustained democratic crisis. Our society expresses a deep commitment to core notions of freedom, justice, and equality for all citizens. Yet, it is equally clear that our democracy tolerates a great deal of social and economic inequality. Membership in a socially disfavored group can (and often does) profoundly distort one's life chances and opportunities. Our constitutional democracy acknowledges this tension, providing for both majority rule and the protection of minority rights and interests. Although we seek to safeguard minority rights and interest through express legal prohibitions on the subordination of socially …


Tumbling Towers As Turning Points: Will 9/11 Usher In A New Civil Rights Era For Gay Men And Lesbians In The United States?, Susan J. Becker Jan 2003

Tumbling Towers As Turning Points: Will 9/11 Usher In A New Civil Rights Era For Gay Men And Lesbians In The United States?, Susan J. Becker

Law Faculty Articles and Essays

This article examines the events of 9/11, and the potential resultant shifts in attitude, policies, and laws in the United States, through the lens of civil rights extended to gay and lesbian citizens. It seeks, but does not purport to definitively discover, the true meaning of the phrase "life will never be the same." It asks, but does not purport to fully answer, whether historians a century or two hence will look back on 9/11 as the turning point when the United States began to fulfill its promise of liberty to all people, or whether this date will be earmarked …


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.


Thinking Race, Making Nation (Reviewing Glenn C. Loury, The Anatomy Of Racial Inequality), Christopher A. Bracey Jan 2003

Thinking Race, Making Nation (Reviewing Glenn C. Loury, The Anatomy Of Racial Inequality), Christopher A. Bracey

GW Law Faculty Publications & Other Works

We live in a race-conscious culture. As Americans, we are a nation of people who self-consciously chose to adopt a vision of society that embraced lofty ideals of individual freedom and democracy for all along with powerful mechanisms for devastating racial oppression. Our history is replete with instances of differential treatment on account of race - slavery being only the most egregious example - that achieved the desired effect of generating remarkable disparities in socioeconomic well-being among individuals and between different racial groups. Such disparities are not simply historical artifacts. They are facts of the contemporary American racial landscape as …


Advancing Equality In Domestic Violence Law Reform, Julie Goldscheid Jan 2003

Advancing Equality In Domestic Violence Law Reform, Julie Goldscheid

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Security And Freedom: Are The Governments' Efforts To Deal With Terrorism Violative Of Our Freedoms?, David Cole Jan 2003

Security And Freedom: Are The Governments' Efforts To Deal With Terrorism Violative Of Our Freedoms?, David Cole

Georgetown Law Faculty Publications and Other Works

One of the most common things that is said about September 11th is that it changed everything. In some respects, that is true. In the most important respects it would be more accurate to say it has changed everything for some, far more than it has for others. One instance of that can be seen in a pole that National Public Radio did one year after September 11th. They asked people to what extent their life had changed. They asked them whether they had to give up any important rights or freedoms in the war on terrorism. Only seven percent …


Are Foreign Nationals Entitled To The Same Constitutional Rights As Citizens?, David Cole Jan 2003

Are Foreign Nationals Entitled To The Same Constitutional Rights As Citizens?, David Cole

Georgetown Law Faculty Publications and Other Works

Are foreign nationals entitled only to reduced rights and freedoms? The difficulty of the question is reflected in the deeply ambivalent approach of the Supreme Court, an ambivalence matched only by the alternately xenophobic and xenophilic attitude of the American public toward immigrants. On the one hand, the Court has insisted for more than a century that foreign nationals living among us are "persons" within the meaning of the Constitution, and are protected by those rights that the Constitution does not expressly reserve to citizens. Because the Constitution expressly limits to citizens only the rights to vote and to run …


Defending Korematsu?: Reflections On Civil Liberties In Wartime, Mark V. Tushnet Jan 2003

Defending Korematsu?: Reflections On Civil Liberties In Wartime, Mark V. Tushnet

Georgetown Law Faculty Publications and Other Works

According to Justice William J. Brennan, "After each perceived security crisis ended, the United States has remorsefully realized that the abrogation of civil liberties was unnecessary. But it has proven unable to prevent itself from repeating the error when the next crisis came along." This Article examines that observation, using Korematsu as a vehicle for refining the claim and, I think, reducing it to a more defensible one. Part I opens my discussion, providing some qualifications to the broad claim about threats to civil liberties in wartime. Part II then deals with Korematsu and other historical examples of civil liberties …


The Fordham Law Drug Policy Reform Project: America's Oldest War: The Efficacy Of United States Drug Policy, John Nicholas Iannuzzi, Graham Boyd, Asa Hutchinson Jan 2003

The Fordham Law Drug Policy Reform Project: America's Oldest War: The Efficacy Of United States Drug Policy, John Nicholas Iannuzzi, Graham Boyd, Asa Hutchinson

Fordham Urban Law Journal

The Fordham Law Drug Policy Reform Project planned and executed the debate, "America's Oldest War: The Efficacy of United States Drug Policy," on April 23, 2002 at the end of the organization's first year. The goal of the debate was to bring to one forum the leading voices at both ends of the drug policy spectrum. Professor John Nicholas Iannuzzi moderated, giving each speaker three minutes to answer each question from the floor. Over one hundred and twenty professionals, students, and community members attended the debate.


Emotional Harm In Housing Discrimination Cases: A New Look At A Lingering Problem, Victor M. Goode, Conrad A. Johnson Jan 2003

Emotional Harm In Housing Discrimination Cases: A New Look At A Lingering Problem, Victor M. Goode, Conrad A. Johnson

Fordham Urban Law Journal

This Article explores relevant social science data and examines how it affects the analysis and understanding of evidence of emotional harm. Part I provides an overview of the current state of emotional harm cases. Part II discusses the issue of bias in the process of reviewing discrimination cases from the perspective of critical race theory and recent social science data. In Part III, this Article examines the cycles of ignorance that have contributed to an under-valuation of emotional harm in housing discrimination litigation. Finally, suggestions are made about how to gather relevant psychological and medical information on the effects of …


Emotional Harm In Housing Discrimination Cases: A New Look At A Lingering Problem, Victor M. Goode, Conrad A. Johnson Jan 2003

Emotional Harm In Housing Discrimination Cases: A New Look At A Lingering Problem, Victor M. Goode, Conrad A. Johnson

Fordham Urban Law Journal

This Article explores relevant social science data and examines how it affects the analysis and understanding of evidence of emotional harm. Part I provides an overview of the current state of emotional harm cases. Part II discusses the issue of bias in the process of reviewing discrimination cases from the perspective of critical race theory and recent social science data. In Part III, this Article examines the cycles of ignorance that have contributed to an under-valuation of emotional harm in housing discrimination litigation. Finally, suggestions are made about how to gather relevant psychological and medical information on the effects of …


A Comment On Grutter And Gratz V. Bollinger, Lee C. Bollinger Jan 2003

A Comment On Grutter And Gratz V. Bollinger, Lee C. Bollinger

Faculty Scholarship

Now that the Supreme Court has definitively resolved (at least for a generation) the issue of the constitutionality of affirmative action in American higher education, thereby continuing without major adjustment what has been the practice in our selective colleges and universities for more or less the last thirty years, it is easy to forget how different the United States would have looked in the years ahead if only one vote had shifted to the dissenting side. Just how precipitous and long-lasting the decline in racial and ethnic diversity would have been is a complicated matter, but that it would have …


The New Mccarthyism: Repeating History In The War In Terrorism, David Cole Jan 2003

The New Mccarthyism: Repeating History In The War In Terrorism, David Cole

Georgetown Law Faculty Publications and Other Works

This Essay will argue that the government has invoked two methods in particular in virtually every time of fear. The first, discussed in Part I, involves a substantive expansion of the terms of responsibility. Authorities target individuals not for what they do or have done but based on predictions about what they might do. These predictions often rely on the individuals' skin color, nationality, or political and religious associations. The second method, the subject of Part II, is procedural-the government invokes administrative processes to control, precisely so that it can avoid the guarantees associated with the criminal process. In hindsight, …