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Articles 1 - 30 of 113
Full-Text Articles in Law
Two Tailors: The Pursuit Of Racial Justice In 1970s Chicago, Susan L. Waysdorf
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
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 Susan’s boss has recently retired and has been replaced by a man with an animus toward African-Americans.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
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
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
Bias On The Bench: Raising The Bar For U.S. Immigration Judges To Ensure Equality For Asylum Seekers, Lindsey R. Vaala
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
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
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
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
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
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
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
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
Social Justice And The Law, Elaine R. Jones
University of Richmond Law Review
No abstract provided.
Minority Rights In Turkey, Ilhan Yildiz
Keynote Address: After Twenty-Five Years, Robert A. Seiple
Keynote Address: After Twenty-Five Years, Robert A. Seiple
BYU Law Review
No abstract provided.
Why Student Religious Speech Is Speech, John E. Taylor
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
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
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
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
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
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
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
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
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
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
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
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
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
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. …