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2007

Journal

Civil Rights and Discrimination

Institution
Keyword
Publication

Articles 1 - 30 of 113

Full-Text Articles in Law

Two Tailors: The Pursuit Of Racial Justice In 1970s Chicago, Susan L. Waysdorf Dec 2007

Two Tailors: The Pursuit Of Racial Justice In 1970s Chicago, Susan L. Waysdorf

University of the District of Columbia Law Review

Every legal case has a story behind it, and some, like this one, also have a legacy. This is a story about two immigrant tailors in Chicago-the white tailor's attempt to sell his tailor shop to the black tailor, and the racial discrimination they confronted together. One tailor, Ivan Thompson, was a black citizen of Great Britain living in Chicago, and the other, Martin Waysdorf, was a white Jew from Poland. He became a. U.S. citizen in 1949, after emigrating from his Polish shtetl to Chicago and escaping the Nazi Holocaust.' The Jewish tailor was my father. This article will …


Beyond The Cat’S Paw: An Argument For Adopting A “Substantially Influences” Standard For Title Vii And Adea Liability, Tim Davis Dec 2007

Beyond The Cat’S Paw: An Argument For Adopting A “Substantially Influences” Standard For Title Vii And Adea Liability, Tim Davis

The University of New Hampshire Law Review

[Excerpt] “Susan, an African-American nurse, has worked for a large group of physicians for nearly twenty years and is nearing the end of her career. Susan’s boss has recently retired and has been replaced by a man with an animus toward African-Americans. This has put Susan in a precarious situation.

Instead of overtly discriminating against her, Susan’s supervisor complains to the large medical practice’s personnel committee that Susan’s work is substandard and she no longer is a productive worker. The committee, based on the supervisor’s report, fires Susan.

When Susan goes to court to assert her right not to be …


Bigotry, Jury Failures, And The Supreme Court's Feeble Response, George C. Thomas Iii Dec 2007

Bigotry, Jury Failures, And The Supreme Court's Feeble Response, George C. Thomas Iii

Buffalo Law Review

No abstract provided.


Healing The Trauma Of America's Past: Restorative Justice, Honest Patriotism, And The Legacy Of Ethnic Cleansing, Howard J. Vogel Dec 2007

Healing The Trauma Of America's Past: Restorative Justice, Honest Patriotism, And The Legacy Of Ethnic Cleansing, Howard J. Vogel

Buffalo Law Review

No abstract provided.


Racial Adjudication, Andrew M. Carlon Dec 2007

Racial Adjudication, Andrew M. Carlon

BYU Law Review

No abstract provided.


Bias On The Bench: Raising The Bar For U.S. Immigration Judges To Ensure Equality For Asylum Seekers, Lindsey R. Vaala Dec 2007

Bias On The Bench: Raising The Bar For U.S. Immigration Judges To Ensure Equality For Asylum Seekers, Lindsey R. Vaala

William & Mary Law Review

No abstract provided.


An Equal Protection Standard For National Origin Classifications: The Context That Matters, Jenny Rivera Nov 2007

An Equal Protection Standard For National Origin Classifications: The Context That Matters, Jenny Rivera

Washington Law Review

The Supreme Court has stated, "[c]ontext matters when reviewing race-based governmental action under the Equal Protection Clause."' Judicial review of legislative race-based classifications has been dominated by the context of the United States' history of race-based oppression and consideration of the effects of institutional racism. Racial context has also dominated judicial review of legislative classifications based on national origin. This pattern is seen, for example, in challenges to government affirmative action programs that define Latinos according to national origin subclasses. As a matter of law, these national origin-based classifications, like race-based classifications, are subject to strict scrutiny and can only …


Rodrigo's Corrido: Race, Postcolonial Theory, And U.S. Civil Rights, Richard Delgado Nov 2007

Rodrigo's Corrido: Race, Postcolonial Theory, And U.S. Civil Rights, Richard Delgado

Vanderbilt Law Review

Richard Delgado enlists his alter ego, Rodrigo, to analyze Latino legal history and civil rights. Encountering "the Professor" after testifying at a hearing on an immigration bill, Rodrigo excitedly tells his old friend and mentor about a new body of writing he has come across. Postcolonial theory, which deals with issues such as cultural survival, resistance, and collaboration, can help move American civil rights scholarship beyond its current impasse. Over dinner, Rodrigo demonstrates how insights from these writers can enrich U.S. civil rights theory and practice. He also posits a new theory of Latinos' sociolegal construction, based on a triple …


Petruska V. Gannon University: A Crack In The Stained Glass Ceiling, Sarah Fulton Oct 2007

Petruska V. Gannon University: A Crack In The Stained Glass Ceiling, Sarah Fulton

William & Mary Journal of Race, Gender, and Social Justice

An examination of the protections afforded to religious institutions in their hiring decisions. Both § 702 of the Civil Rights Act and the judicially created ministerial exception allow churches to use criteria that other employers are not permitted to use under the law when making hiring decisions. Beginning with McClure v. Salvation Army, courts have slowly expanded the scope of these protections, leading up to the recent case of Petruska v. Gannon University. Petruska provides an example of the extent to which a broad reading of § 702 and the ministerial exception can harm religious workers. The opinion of Judge …


Parents Involved And Race-Conscious Measures: A Cause For Optimism, Joseph O. Oluwole, Preston C. Green Iii Sep 2007

Parents Involved And Race-Conscious Measures: A Cause For Optimism, Joseph O. Oluwole, Preston C. Green Iii

Buffalo Public Interest Law Journal

No abstract provided.


Civil Disobedience And The Necessity Defense, John Alan Cohan Sep 2007

Civil Disobedience And The Necessity Defense, John Alan Cohan

The University of New Hampshire Law Review

[Excerpt] “This article will first examine the nature of civil disobedience, and distinguish between direct and indirect civil disobedience. Part II highlights some historical examples of civil disobedience. Part IV then examines the principles of the necessity defense, analyzing each of the elements that make up the defense, illustrated with cases on point. Next, Part V will turn to an analysis of several abortion-protest cases that raise issues different from other types of civil disobedience cases. Part VI then will examine Viet Nam era civil disobedience cases. Following that, Part VIII will explore a unique defense known as the Nuremberg …


Speaking In Tongues: Mandating Multilingual Disaster Warnings In The Public Interest, Susan S. Kuo Sep 2007

Speaking In Tongues: Mandating Multilingual Disaster Warnings In The Public Interest, Susan S. Kuo

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Fighting For The High Ground: Race, Class, Markets And Development Done Right In Post Katrina Recovery , Audrey Mcfarlane Sep 2007

Fighting For The High Ground: Race, Class, Markets And Development Done Right In Post Katrina Recovery , Audrey Mcfarlane

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Social Justice And The Law, Elaine R. Jones Sep 2007

Social Justice And The Law, Elaine R. Jones

University of Richmond Law Review

No abstract provided.


Minority Rights In Turkey, Ilhan Yildiz Sep 2007

Minority Rights In Turkey, Ilhan Yildiz

BYU Law Review

No abstract provided.


Keynote Address: After Twenty-Five Years, Robert A. Seiple Sep 2007

Keynote Address: After Twenty-Five Years, Robert A. Seiple

BYU Law Review

No abstract provided.


Why Student Religious Speech Is Speech, John E. Taylor Sep 2007

Why Student Religious Speech Is Speech, John E. Taylor

West Virginia Law Review

No abstract provided.


Public School Students' Religious Speech And Viewpoint Discrimination, Kristi L. Bowman Sep 2007

Public School Students' Religious Speech And Viewpoint Discrimination, Kristi L. Bowman

West Virginia Law Review

No abstract provided.


Mexican Legislation On Religion And The 1981 Declaration On Intolerance And Discrimination, Raul Gonzalez Schmal Sep 2007

Mexican Legislation On Religion And The 1981 Declaration On Intolerance And Discrimination, Raul Gonzalez Schmal

BYU Law Review

No abstract provided.


Time For A Treaty? The Legal Sufficiency Of The Declaration On The Elimination Of All Forms Of Intolerance And Discrimination, Carolyn Evans Sep 2007

Time For A Treaty? The Legal Sufficiency Of The Declaration On The Elimination Of All Forms Of Intolerance And Discrimination, Carolyn Evans

BYU Law Review

No abstract provided.


Tolerance And Religious Freedom: The Struggle In Peru To Tolerate Multiple Cultures In Light Of Principles Of Religious Freedom, Carlos Valderrama Adriansen Sep 2007

Tolerance And Religious Freedom: The Struggle In Peru To Tolerate Multiple Cultures In Light Of Principles Of Religious Freedom, Carlos Valderrama Adriansen

BYU Law Review

No abstract provided.


Racial Classification And The Flawed Pursuit Of Diversity: How Phantom Minorities Threaten "Critical Mass" Justification In Higher Education, Edward C. Thomas Sep 2007

Racial Classification And The Flawed Pursuit Of Diversity: How Phantom Minorities Threaten "Critical Mass" Justification In Higher Education, Edward C. Thomas

BYU Law Review

No abstract provided.


The Religious Freedom Restoration Act And Smith: Dueling Levels Of Constitutional Scrutiny, Whitney Travis Sep 2007

The Religious Freedom Restoration Act And Smith: Dueling Levels Of Constitutional Scrutiny, Whitney Travis

Washington and Lee Law Review

No abstract provided.


Why Don't "Reasonable Women" Complain About Sexual Harassment?, L. Camille Hébert Jul 2007

Why Don't "Reasonable Women" Complain About Sexual Harassment?, L. Camille Hébert

Indiana Law Journal

No abstract provided.


Immigration And Language Rights: The Evolution Of Private Racist Attitudes Into American Public Law And Policy, Lupe S. Salinas Jun 2007

Immigration And Language Rights: The Evolution Of Private Racist Attitudes Into American Public Law And Policy, Lupe S. Salinas

Nevada Law Journal

No abstract provided.


Bortz V. Suzuki, Judgment Of October 12, 1999, Hamamatsu Branch, Shizuoka District Court, Timothy Webster Jun 2007

Bortz V. Suzuki, Judgment Of October 12, 1999, Hamamatsu Branch, Shizuoka District Court, Timothy Webster

Washington International Law Journal

The Bortz case links a series of truly comparative moments. In the first, the unsuspecting foreigner crosses into another culture’s blind spot, and emerges a very different person. Ana Bortz was shopping for a necklace in a Japanese jewelry store when the owner asked her where she was from. A westerner in Japan, Bortz likely thought little of the question, having answered it many times. She answered first in Japanese, and then in English, “from Brazil.” Neither response pleased the storeowner. Foreigners, or perhaps just Brazilians, were not allowed in the store. Their ensuing argument revealed other comparative moments. Enraged …


Introduction: Old Hate In New Bottles: Privatizing, Localizing, And Bundling Anti-Spanish And Anti-Immigrant Sentiment In The 21st Century, Steven W. Bender Jun 2007

Introduction: Old Hate In New Bottles: Privatizing, Localizing, And Bundling Anti-Spanish And Anti-Immigrant Sentiment In The 21st Century, Steven W. Bender

Nevada Law Journal

No abstract provided.


The Immigrant Rights Marches (Las Marchas): Did The "Gigante" (Giant) Wake Up Or Does It Still Sleep Tonight?, Sylvia R. Lazos Jun 2007

The Immigrant Rights Marches (Las Marchas): Did The "Gigante" (Giant) Wake Up Or Does It Still Sleep Tonight?, Sylvia R. Lazos

Nevada Law Journal

No abstract provided.


The Democratic Right To Full Bilingual Education, Thomas Kleven Jun 2007

The Democratic Right To Full Bilingual Education, Thomas Kleven

Nevada Law Journal

No abstract provided.


Discrimination And Outrage: The Migration From Civil Rights To Tort Law, Martha Chamallas May 2007

Discrimination And Outrage: The Migration From Civil Rights To Tort Law, Martha Chamallas

William & Mary Law Review

It is not always appreciated that proven discrimination on the basis of race or sex may not amount to a tort and that even persistent racial or sexual harassment may not be enough to qualify for tort recovery. This Article explores the question of whether discriminatory and harassing conduct in the workplace is or should be considered outrageous conduct, actionable under the tort of intentional infliction of emotional distress. In recent years, courts have taken radically different approaches to the issue, from holding that such claims are preempted to treating the infliction tort as a reinforcement of civil rights principles. …