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2005

Civil rights

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Articles 1 - 30 of 43

Full-Text Articles in Law

The Impact Of Alcohol & Tobacco Advertising On The Latino Community As A Civil Rights Issue, Katherine Culliton Nov 2005

The Impact Of Alcohol & Tobacco Advertising On The Latino Community As A Civil Rights Issue, Katherine Culliton

KATHERINE CULLITON-GONZÁLEZ

No abstract provided.


The Untold Story Of The Rest Of The Americans With Disabilities Act, Michael Waterstone Nov 2005

The Untold Story Of The Rest Of The Americans With Disabilities Act, Michael Waterstone

Vanderbilt Law Review

The Americans with Disabilities Act ("ADA")' can be described as the All-Star team of civil rights legislation. The framers of the ADA sought to create sweeping change in nearly every facet of the lives of people with disabilities. To achieve these ambitious goals, the framers assembled the best and brightest parts of other civil rights legislation: pieces of Title VII of the Civil Rights Act of 1964, Section 04 of the Rehabilitation Act of 1973, Title II of the Civil Rights Act of 1964, and the Fair Housing Act. The end result was a comprehensive statute with three major parts: …


Tribute To Judge Merhige, Orran L. Brown Nov 2005

Tribute To Judge Merhige, Orran L. Brown

University of Richmond Law Review

No abstract provided.


Supreme Court Nomination John G. Roberts: Hearing Before The S. Comm. On The Judiciary, 109th Cong., Sept. 15, 2005 (Statement Of Peter B. Edelman, Prof. Of Law, Geo. U. L. Center), Peter B. Edelman Sep 2005

Supreme Court Nomination John G. Roberts: Hearing Before The S. Comm. On The Judiciary, 109th Cong., Sept. 15, 2005 (Statement Of Peter B. Edelman, Prof. Of Law, Geo. U. L. Center), Peter B. Edelman

Testimony Before Congress

No abstract provided.


Causation And Attenuation In The Slavery Reparations Debate, Kaimipono D. Wenger Sep 2005

Causation And Attenuation In The Slavery Reparations Debate, Kaimipono D. Wenger

ExpressO

The success or failure of slavery reparations will depend on causation. Many criticisms of reparations have focused on the attenuated nature of the harm, suggesting that modern claimants are not connected to slaves, that modern payers are not connected to slave owners, and that harms suffered by modern Blacks cannot be connected to slavery. This Article examines these attenuation concerns and finds that they come in three related but distinct varieties: Victim attenuation, wrongdoer attenuation, and act attenuation. These three components, defined in this Article, show themselves in a number of interrelated arguments.

The Article then discusses how ideas about …


Going Courting: How Same-Sex Marriage Opponents Came To Love The Courts, Robert Lipkin Sep 2005

Going Courting: How Same-Sex Marriage Opponents Came To Love The Courts, Robert Lipkin

Robert Justin Lipkin

No abstract provided.


Solomon Amendment, Gerald A. Daniel Aug 2005

Solomon Amendment, Gerald A. Daniel

ExpressO

Review of the history and current status of the Solomon Amendment with respect to law schools and law school organizations opposed to military recruiting policies which exclude homosexual applicants from consideration for military service.


Rfk, Day Of Affirmation Speech And Human Rights In America, Stuart Weinstein Aug 2005

Rfk, Day Of Affirmation Speech And Human Rights In America, Stuart Weinstein

ExpressO

An examination of Robert Kennedy historic Day of Affirmation speech made forty years ago. Is the role he envisioned for the US to play in international affairs and in advancing the cause of freedom and social justice for all humanity relvant in a post-Iraq abu Gharaib world?


Applying 42 U.S.C. Section 1981 To Claims Of Consumer Discrimination, Abby Morrow Richardson Jun 2005

Applying 42 U.S.C. Section 1981 To Claims Of Consumer Discrimination, Abby Morrow Richardson

ExpressO

This Comment explores several interesting legal questions regarding the proper interpretation 42 U.S.C. Section 1981, which prohibits racial discrimination in contracting, when discrimination arises in the context of a consumer retail contract. It explores how the Fifth Circuit’s and other federal courts’ narrow interpretation of section 1981’s application in a retail setting, which allows plaintiffs to invoke the statute only when they have been prevented from completing their purchase, is contrary to the statute’s express language, Congressional intent, and to evolving concepts of contract theory, all of which encompass our society’s deep commitment to combating racial discrimination through strict enforcement …


For Whom Does The Bell Toll: The Bell Tolls For Brown?, Angela Onwuachi-Willig May 2005

For Whom Does The Bell Toll: The Bell Tolls For Brown?, Angela Onwuachi-Willig

Faculty Scholarship

This review essay analyzes Derrick Bell's provocative new book, Silent Covenants: Brown v. Board of Education and the Unfulfilled Hopes for Racial Reform (2004). In Silent Covenants, Professor Bell reviews Brown v. Board of Education, and inquires "whether another approach than the one embraced by the Brown decision might have been more effective and less disruptive in the always-contentious racial arena." Specifically, Professor Bell joins black conservatives in critiquing what he describes as a misguided focus on achieving racial balance in schools and argues that the quality of education for minority children, in particular Blacks, would have been better today …


Interning The “Non-Alien” Other: The Illusory Protections Of Citizenship, Natsu Taylor Saito Apr 2005

Interning The “Non-Alien” Other: The Illusory Protections Of Citizenship, Natsu Taylor Saito

Law and Contemporary Problems

Saito draws parallels between the internment of Japanese Americans during WWII and the current actions being taken by the US government as it seeks out terrorists in the post-9/11 world. The action of unequal prosecution of citizens based on race has roots that extend far back in American history, and the unfair internment of citizens in the 20th century should not be considered an aberration of public policy.


The Ku Klux Klan Act And The Civil Rights Revolution: How Civil Rights Litigation Came To Regulate Police And Correctional Officer Misconduct., Alan W. Clarke Mar 2005

The Ku Klux Klan Act And The Civil Rights Revolution: How Civil Rights Litigation Came To Regulate Police And Correctional Officer Misconduct., Alan W. Clarke

The Scholar: St. Mary's Law Review on Race and Social Justice

Modern civil rights litigation stems from the Ku Klux Klan Act, otherwise known as the Civil Rights Act of 1871. Congress codified this Act in the United States Code under Section 1983 of Title 42. No other law is more central to present day police and correctional officer accountability. The Civil Rights statute effectuates broad constitutional protections set in place in the aftermath of the Civil War. Congress designed this Act to change over time and intertwine with a continuing history of expanding rights. Section 1983 provides a remedy to any person who experienced another person, acting under the color …


Remarks As Delivered At Cornell University, William Jefferson Clinton Jan 2005

Remarks As Delivered At Cornell University, William Jefferson Clinton

Cornell International Law Journal

No abstract provided.


Representing Americans Employed Abroad: The Extraterritorial Application Of Federal And State Anti-Discrimination Laws, Robert B. Stulberg, Amy F. Shulman Jan 2005

Representing Americans Employed Abroad: The Extraterritorial Application Of Federal And State Anti-Discrimination Laws, Robert B. Stulberg, Amy F. Shulman

ILSA Journal of International & Comparative Law

More than two million American citizens work in civilian jobs outside of the United States.


Lawrence-Ium: The Densest Known Substance, John Culhane Jan 2005

Lawrence-Ium: The Densest Known Substance, John Culhane

John G. Culhane

No abstract provided.


Writing On, Around, And Through Lawrence V. Texas, John G. Culhane Jan 2005

Writing On, Around, And Through Lawrence V. Texas, John G. Culhane

John G. Culhane

No abstract provided.


Counter-Stories: Maintaining And Expanding Civil Liberties In Wartime, Mark A. Graber Jan 2005

Counter-Stories: Maintaining And Expanding Civil Liberties In Wartime, Mark A. Graber

Faculty Scholarship

No abstract provided.


The Majoritarian Difficulty: Affirmative Action, Sodomy, And Supreme Court Politics, Darren L. Hutchinson Jan 2005

The Majoritarian Difficulty: Affirmative Action, Sodomy, And Supreme Court Politics, Darren L. Hutchinson

Faculty Articles

This Article challenges liberal and conservative assessments of Lawrence, Gratz, and Grutter. Although the outcome of these cases might indeed prove helpful to the agendas of social movements for racial and sexual justice, progressive scholars and activists should not receive these cases with elation. Instead, the research of constitutional theorists, critical legal scholars, and political scientists allows for a more contextualized and guarded account of and reaction to these decisions. Instead of representing extraordinary victories for oppressed classes, these cases reflect majoritarian and moderate views concerning civil rights, and the opinions contain many doctrinal elements that reinforce, …


Spotlight On Jon Velie: Man On A Thirteen Year Mission, Lydia Edwards Jan 2005

Spotlight On Jon Velie: Man On A Thirteen Year Mission, Lydia Edwards

The Modern American

No abstract provided.


Christina M. Cerna On The Development Of Positive Obligations Under The European Convention On Human Rights By The European Court Of Human Rights By Alastair Mowbray. Oxford: Hart Publishing, 2004. 239pp., Christina M. Cerna Jan 2005

Christina M. Cerna On The Development Of Positive Obligations Under The European Convention On Human Rights By The European Court Of Human Rights By Alastair Mowbray. Oxford: Hart Publishing, 2004. 239pp., Christina M. Cerna

Human Rights & Human Welfare

A review of:

The Development of Positive Obligations under the European Convention on Human Rights by the European Court of Human Rights by Alastair Mowbray. Oxford: Hart Publishing, 2004. 239pp.


Review Of David E. Bernstein's "You Can't Say That!--The Growing Threat To Civil Liberties From Antidiscrimination Laws", Ivan E. Bodensteiner Jan 2005

Review Of David E. Bernstein's "You Can't Say That!--The Growing Threat To Civil Liberties From Antidiscrimination Laws", Ivan E. Bodensteiner

Law Faculty Publications

No abstract provided.


Jack And Jill Go To Court: Litigating A Peer Sexual Harassment Case Under Title Ix, Susan P. Stuart Jan 2005

Jack And Jill Go To Court: Litigating A Peer Sexual Harassment Case Under Title Ix, Susan P. Stuart

Law Faculty Publications

Title IX peer sexual harassment cases present challenges to litigators because of the unique educational environment in which these cases arise. This Article attempts to educate litigators on the prima facie case, evidentiary issues, and the overall presentation of peer sexual harassment cases.


Sacred Visions Of Law, Robert L. Tsai Jan 2005

Sacred Visions Of Law, Robert L. Tsai

Faculty Scholarship

Around the time of the Bicentennial Celebration of the U.S. Constitution's framing, Professor Sanford Levinson called upon Americans to renew our constitutional faith. This article answers the call by examining how two legal symbols - Marbury v. Madison and Brown v. Board of Education - have been used by jurists over the years to tend the American community of faith. Blending constitutional theory and the study of religious form, the article argues that the decisions have become increasingly linked in the legal imagination even as they have come to signify very different sacred visions of law. One might think that …


Constitutive Commitments And Roosevelt's Second Bill Of Rights: A Dialogue, Randy E. Barnett, Cass R. Sunstein Jan 2005

Constitutive Commitments And Roosevelt's Second Bill Of Rights: A Dialogue, Randy E. Barnett, Cass R. Sunstein

Georgetown Law Faculty Publications and Other Works

What made the Second Bill of Rights possible? Part of the answer lies in a simple idea, one pervasive in the American legal culture during Roosevelt's time: No one really opposes government intervention. Markets and wealth depend on government. Without government creating and protecting property rights, property itself cannot exist. Even the people who most loudly denounce government interference depend on it every day. Their own rights do not come from minimizing government but are a product of government. Political scientist Lester Ward vividly captured the point: "[T]hose who denounce state intervention are the ones who most frequently and successfully …


The Other Sullivan Case, Garrett Epps, Garrett Epps Jan 2005

The Other Sullivan Case, Garrett Epps, Garrett Epps

All Faculty Scholarship

The standard triumphalist narrative of NEW YORK TIMES V. SULLIVAN celebrates the Supreme Court's defense of free speech and press in the case's vindication of powerful journalistic institution. Ignored in this story is the story of the local defendants, civil rights leaders in Alabama who had their solvency threatened by the state courts' vindictive action against them. These defendants challenged the segregated proceedings used in court to affix liability to them—but the Supreme Court ignored their arguments and ignored the racial-equality and individual-rights aspects of the case. From their point of view, SULLIVAN might be so unalloyed a triumph.


Intertwining Of Poverty, Gender, And Race: A Critical Analysis Of Welfare News Coverage From 1993-2000, Deseriee A. Kennedy Jan 2005

Intertwining Of Poverty, Gender, And Race: A Critical Analysis Of Welfare News Coverage From 1993-2000, Deseriee A. Kennedy

Scholarly Works

Over the years, welfare has become highly intertwined with ideological beliefs involving gender, race, and poverty. As the nature of welfare transformed to include non-white recipients, the perception of welfare recipients as single "worthy white widows" was replaced by the "lazy African-American breeders." This study examined how television news may have appropriated this negative image in its coverage of the changes in the U.S. welfare system that took place during the 1990s. News stories presented by the major U.S. television networks from 1993 to 2000 were examined. The analysis showed that news stories tended to depict the typical welfare recipient …


"Can I See Your Papers?" Local Police Enforcement Of Federal Immigration Law Post 9/11 And Asian American Permanent Foreignness, Mohar Ray Jan 2005

"Can I See Your Papers?" Local Police Enforcement Of Federal Immigration Law Post 9/11 And Asian American Permanent Foreignness, Mohar Ray

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Two "Wrongs" Do/Can Make A Right: Remembering Mathematics, Physics, & Various Legal Analogies (Two Negatives Make A Positive; Are Remedies Wrong?) The Law Has Made Him Equal, But Man Has Not, John C. Duncan Jr Jan 2005

Two "Wrongs" Do/Can Make A Right: Remembering Mathematics, Physics, & Various Legal Analogies (Two Negatives Make A Positive; Are Remedies Wrong?) The Law Has Made Him Equal, But Man Has Not, John C. Duncan Jr

Journal Publications

This article demonstrates the incomplete logic and inconsistent legal reasoning used in the argument against affirmative action. The phrase "two wrongs don't make a right" is often heard in addressing various attempts to equalize, to balance, and to correct the acknowledged wrongs of slavery and segregation and their derivative effects. Yet, "two wrongs do/can make a right" has a positive connotation. This article reviews the history of societal and judicial wrongs against Blacks, as well as the evolution of the narrowing in legal reasoning concerning discrimination against minorities, including Blacks. Next, the legal reasoning behind legacy programs will be reviewed …


True Integration: Advancing Brown's Goal Of Educational Equity In The Wake Of Grutter, Lia Epperson Jan 2005

True Integration: Advancing Brown's Goal Of Educational Equity In The Wake Of Grutter, Lia Epperson

Articles in Law Reviews & Other Academic Journals

The late Supreme Court Justice Thurgood Marshall, founder of the NAACP Legal Defense Fund ("LDF"), and head of the legal team that litigated Brown v. Board of Education,' knew well the challenges that desegregation posed in a nation founded on a system of racial subjugation and white supremacy. A full thirty years after Brown, he acknowledged: Desegregation is not and was never expected to be an easy task. Racial attitudes ingrained in our Nation's childhood and adolescence are not quickly thrown aside in its middle years.... In the short run, it may seem to be the easier course to allow …


Sacred Visions Of Law, Robert Tsai Jan 2005

Sacred Visions Of Law, Robert Tsai

Articles in Law Reviews & Other Academic Journals

Around the time of the Bicentennial Celebration of the U.S. Constitution's framing, Professor Sanford Levinson called upon Americans to renew our constitutional faith. This article answers the call by examining how two legal symbols - Marbury v. Madison and Brown v. Board of Education - have been used by jurists over the years to tend the American community of faith. Blending constitutional theory and the study of religious form, the article argues that the decisions have become increasingly linked in the legal imagination even as they have come to signify very different sacred visions of law. One might think that …