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2009

Journal

Civil Rights and Discrimination

Institution
Keyword
Publication

Articles 31 - 60 of 105

Full-Text Articles in Law

Compensatory Discrimination In India Sixty Years After Independence: A Vehicle Of Progress Or A Tool Of Partisan Politics?, Karthik Nagarajan Mar 2009

Compensatory Discrimination In India Sixty Years After Independence: A Vehicle Of Progress Or A Tool Of Partisan Politics?, Karthik Nagarajan

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Achieving The American Dream In Debt? Why The Usa Patriot Act Puts Undocumented Immigrants At Risk For Abuse By The Payday Loan Industry, Katherine Houren Mar 2009

Achieving The American Dream In Debt? Why The Usa Patriot Act Puts Undocumented Immigrants At Risk For Abuse By The Payday Loan Industry, Katherine Houren

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Reproducing Gender On Law School Faculties, Ann C. Mcginley Mar 2009

Reproducing Gender On Law School Faculties, Ann C. Mcginley

BYU Law Review

No abstract provided.


"Airbrushed Out Of The Constitutional Canon": The Evolving Understanding Of Giles V. Harris, 1903-1925, Samuel Brenner Mar 2009

"Airbrushed Out Of The Constitutional Canon": The Evolving Understanding Of Giles V. Harris, 1903-1925, Samuel Brenner

Michigan Law Review

Richard H. Pildes argued in an influential 2000 article that the U.S. Supreme Court's opinion in Giles v. Harris, which was written by Justice Oliver Wendell Holmes, was the "one decisive turning point" in the history of "American (anti)-democracy." In Giles, Holmes rejected on questionable grounds Jackson W. Giles's challenge to the new Alabama Constitution of 1901-a document which was designed to disfranchise and had the effect of disfranchising African Americans. The decision thus contributed significantly to the development of the all-white electorate in the South, and the concomitant marginalization of southern African Americans. According to Pildes, however, the …


How The Diversity Rationale Lays The Groundwork For New Discrimination: Examining The Trajectory Of Equal Protection Doctrine, Michael A. Helfand Mar 2009

How The Diversity Rationale Lays The Groundwork For New Discrimination: Examining The Trajectory Of Equal Protection Doctrine, Michael A. Helfand

William & Mary Bill of Rights Journal

This Article advocates differentiating between two distinct categories of equal protection cases. The first-what I have termed indicator cases-are instances where courts consider whether there are sufficient factual indications to demonstrate the existence of aprimafacie equal protection violation. The second-violation casesare instances where courts consider, having already determined the existence of an equal protection violation, whether there is a good enough justification for a prima facie equal protection violation. Unfortunately, the Supreme Court has not differentiated between these two different types of cases. This has led to a string of decisions where the Supreme Court has erroneously looked for justifications …


Causation Or Correlation? The Impact Of Lulac V. Clements On Section 2 Lawsuits In The Fifth Circuit, Elizabeth M. Ryan Feb 2009

Causation Or Correlation? The Impact Of Lulac V. Clements On Section 2 Lawsuits In The Fifth Circuit, Elizabeth M. Ryan

Michigan Law Review

Under section 2 of the Voting Rights Act, illegal vote dilution exists when an electoral standard, practice, or procedure results in a denial or abridgement of the right to vote on account of race or color Plaintiffs demonstrate vote dilution by introducing evidence regarding a variety of objective factors, including whether voting in the jurisdiction in question is polarized along racial lines. In 1993, the Fifth Circuit adopted a new standard for section 2 plaintiffs trying to prove racially polarized voting. The Fifth Circuit held that demonstrating a mere correlation between race and vote was insufficient to establish racially polarized …


Poll Workers, Election Administration, And The Problem Of Implicit Bias, Antony Page, Michael J. Pitts Jan 2009

Poll Workers, Election Administration, And The Problem Of Implicit Bias, Antony Page, Michael J. Pitts

Michigan Journal of Race and Law

Racial bias in election administration-more specifically, in the interaction between poll workers and voters at a polling place on election day-may be implicit, or unconscious. Indeed, the operation of a polling place may present an "optimal" setting for unconscious racial bias. Poll workers sometimes have legal discretion to decide whether or not a prospective voter gets to cast a ballot, and they operate in an environment where they may have to make quick decisions, based on little information, with few concrete incentives for accuracy, and with little opportunity to learn from their errors. Even where the letter of the law …


Winnter, Best Appellate Brief In The 2009 Native American Law Student Association Moot Court Competition, Alex Hagen, J.R. Laplante Jan 2009

Winnter, Best Appellate Brief In The 2009 Native American Law Student Association Moot Court Competition, Alex Hagen, J.R. Laplante

American Indian Law Review

No abstract provided.


Veterans In The Fight For Equal Rights: From The Civil War To Today, Ron E. Armstead Jan 2009

Veterans In The Fight For Equal Rights: From The Civil War To Today, Ron E. Armstead

Trotter Review

When a man puts his life at the disposal of the nation, that man has earned the rights of a citizen. So the black man owes it to himself and to his advancement to heed the call of war. That is what Frederick Douglass thought, and he gave voice to that opinion in his last autobiography, Life and Times of Frederick Douglass (1881): “I … urged every man who could to enlist to get an eagle on his button, a musket on his shoulder, and the star-spangled banner over his hand.” History has proven him wrong. black men and black …


Recognition Of Group Rights As Requisite To Substantive Equality Goals, Kathrina Szymborski Jan 2009

Recognition Of Group Rights As Requisite To Substantive Equality Goals, Kathrina Szymborski

Michigan Law Review First Impressions

Courts, legislatures, and scholars are increasingly turning away from traditional Aristotelian thinking in favor of a substantive, pro-active approach to equality. Under the substantive approach, the identification and eradication of systematic discrimination replace an adherence to neutral principles. This Comment argues that while a substantive approach is the most effective way to bring about true equality, it will not succeed unless it centers on protecting group rights. State decision-makers and international human rights advocates must focus on group experiences in order to create societies where no one is favored based on immutable characteristics.


The Developing Equality Jurisprudence In South Africa, Karthy Govender Jan 2009

The Developing Equality Jurisprudence In South Africa, Karthy Govender

Michigan Law Review First Impressions

Apartheid was technically about separateness, but it was fundamentally about inequality. The founding premise of the ideology was to preserve the total hegemony of white South Africans. The liberation organizations opposing the apartheid regime sought to affirm that the country belonged to all those that lived in it. Thus, it is unsurprising that the commitment to equality is one of the founding values of the Constitution and an indelible thread woven throughout the fabric of the Bill of Rights. After some misstatements about certain rights being more important than others, courts have interpreted rights in the Bill of Rights to …


Untold Stories: Gender-Related Persecution And Asylum In South Africa, Lindsay M. Harris Jan 2009

Untold Stories: Gender-Related Persecution And Asylum In South Africa, Lindsay M. Harris

Michigan Journal of Gender & Law

This Article explains the particular difficulties that female asylum seekers and survivors of gender-related persecution face, reaffirming the need for the practical and sensitive application of international and domestic gender guidelines. Extensive research into client files and interviews with key decision makers prove that, despite scholarship suggesting that women may be advantaged in asylum proceedings, a focus on gender is still needed in the South African context. While there are undoubtedly problematic elements of the 1998 Refugees Act warranting its revision, the addition of gender as an additional category under the refugee definition, as proposed by the recent Refugees Amendment …


Student Gladiators And Sexual Assault: A New Analysis Of Liability For Injuries Inflicted By College Athletes, Ann Scales Jan 2009

Student Gladiators And Sexual Assault: A New Analysis Of Liability For Injuries Inflicted By College Athletes, Ann Scales

Michigan Journal of Gender & Law

This Article will focus on an issue that was probably not on the minds of 19th century educators, nor primarily on the minds of the legions of present-day academic critics of intercollegiate sports. Namely, this Article explores the ways in which big-time athletics- particularly football-normalize and encourage harms to women, including educational and sexual harms. The author’s theses depend upon acknowledging certain open secrets about college football: that it is a celebration of male physical supremacy (measured by male standards); that it is something that society lets males do and have as their sport, for reasons both good and bad; …


Can Patent Protections Trample Civil Liberties? The Aclu Challenges The Patentability Of Breast Cancer Genes, Ann Weilbaecher Jan 2009

Can Patent Protections Trample Civil Liberties? The Aclu Challenges The Patentability Of Breast Cancer Genes, Ann Weilbaecher

Public Interest Law Reporter

No abstract provided.


Transcript: Lost In Transition: The If/When/How Of Disclosing To An Employer, American University Washington College Of Law Office Of Student Affairs Jan 2009

Transcript: Lost In Transition: The If/When/How Of Disclosing To An Employer, American University Washington College Of Law Office Of Student Affairs

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Transitioning Our Prisons Toward Affirmative Law: Examining The Impact Of Gender Classification Policies On U.S. Transgender Prisoners, Richael Faithful Jan 2009

Transitioning Our Prisons Toward Affirmative Law: Examining The Impact Of Gender Classification Policies On U.S. Transgender Prisoners, Richael Faithful

The Modern American

No abstract provided.


Jones V. Bennet: The Bifurcated Legal Status Of Early Nineteenth Century Free Blacks In Kentucky, Alexander J. Chenault Jan 2009

Jones V. Bennet: The Bifurcated Legal Status Of Early Nineteenth Century Free Blacks In Kentucky, Alexander J. Chenault

The Modern American

No abstract provided.


Cutt Ing Funds For Oral Contracept Ives: Violation Of Equal Protection Rights And The Disparate Impact On Women’S Healt Hcare, Rachel V. Rose Jan 2009

Cutt Ing Funds For Oral Contracept Ives: Violation Of Equal Protection Rights And The Disparate Impact On Women’S Healt Hcare, Rachel V. Rose

The Modern American

No abstract provided.


Ain’T No Peace Until We Get A Piece: Exploring The Justiciability And Potential Mechanisms Of Reparations For American Blacks Through United States Law, Specific Modes Of International Law, And The Covenant For The Elimination Of All Forms Of Racial Discrimination, Dekera Greene Jan 2009

Ain’T No Peace Until We Get A Piece: Exploring The Justiciability And Potential Mechanisms Of Reparations For American Blacks Through United States Law, Specific Modes Of International Law, And The Covenant For The Elimination Of All Forms Of Racial Discrimination, Dekera Greene

The Modern American

No abstract provided.


Movie Review: Vincent Who?, Yeon Me Kim Jan 2009

Movie Review: Vincent Who?, Yeon Me Kim

The Modern American

No abstract provided.


Legislative Updates , Guadalupe A. Lopez Jan 2009

Legislative Updates , Guadalupe A. Lopez

The Modern American

No abstract provided.


Orphan Train Myths And Legal Reality , Rebecca S. Trammell Jan 2009

Orphan Train Myths And Legal Reality , Rebecca S. Trammell

The Modern American

No abstract provided.


Postracial Discrimination , Girardeau A. Spann Jan 2009

Postracial Discrimination , Girardeau A. Spann

The Modern American

No abstract provided.


Panelists Biographies , American University Washington College Of Law Office Of Student Affairs Jan 2009

Panelists Biographies , American University Washington College Of Law Office Of Student Affairs

American University Journal of Gender, Social Policy & the Law

No abstract provided.


The Substance Of Substantive Equality: Gender Equality And Turkey's Headscarf Debate, Rachel Rebouche Jan 2009

The Substance Of Substantive Equality: Gender Equality And Turkey's Headscarf Debate, Rachel Rebouche

American University International Law Review

No abstract provided.


Performing Discretion Or Performing Discrimination: Race, Ritual, And Peremptory Challenges In Capital Jury Selection, Melynda J. Price Jan 2009

Performing Discretion Or Performing Discrimination: Race, Ritual, And Peremptory Challenges In Capital Jury Selection, Melynda J. Price

Michigan Journal of Race and Law

Research shows the mere presence of Blacks on capital juries-- on the rare occasions they are seated--can mean the difference between life and death. Peremptory challenges are the primary method to remove these pivotal participants. Batson v. Kentucky developed hearings as an immediate remedy for the unconstitutional removal of jurors through racially motivated peremptory challenges. These proceedings have become rituals that sanction continued bias in the jury selection process and ultimately affect the outcome of capital trials. This Article deconstructs the role of the Batson ritual in legitimating the removal of African American jurors. These perfunctory hearings fail to meaningfully …


Choosing Those Who Will Die: The Effect Of Race, Gender, And Law In Prosecutorial Decision To Seek The Death Penalty In Durham County, North Carolina, Isaac Unah Jan 2009

Choosing Those Who Will Die: The Effect Of Race, Gender, And Law In Prosecutorial Decision To Seek The Death Penalty In Durham County, North Carolina, Isaac Unah

Michigan Journal of Race and Law

District prosecutors in the United States exercise virtually unfettered power and discretion to decide which murder cases to prosecute for capital punishment. According to neoclassical theory of formal legal rationality, the process for determining criminal punishment should be based upon legal rules established and sanctioned by the state to communicate the priorities of the political community. The theory therefore argues in favor of a determinate mode of decision-making that diminishes the importance of extrinsic elements such as race and gender in the application of law. In the empirical research herein reported, I test this theory using death eligible cases in …


Same-Sex Marriage In The Heartland: The Case For Legislative Minimalism In Crafting Religious Exemptions, Ian C. Bartrum Jan 2009

Same-Sex Marriage In The Heartland: The Case For Legislative Minimalism In Crafting Religious Exemptions, Ian C. Bartrum

Michigan Law Review First Impressions

In Varnum v. Brien, decided April 3rd of this year, the Iowa Supreme Court unanimously struck down the state's statutory ban on same-sex marriage. In a remarkably clear and thoughtful opinion, Justice Mark Cady explored in depth the immutability of sexual identity and the appropriate standard of judicial review for legislative classifications based on sexual orientation-adopting (for now) an intermediate level of scrutiny. The decision marked the first significant legal victory for same-sex marriage outside of New England (with the exception of a short-term success in Hawaii), and served notice that the gay rights movement—once thought compelling only among northeastern …


Rebalancing The Scales: Restoring The Availability Of Disparate Impact Causes Of Action In Title Vi Cases, Victor Suthammanont Jan 2009

Rebalancing The Scales: Restoring The Availability Of Disparate Impact Causes Of Action In Title Vi Cases, Victor Suthammanont

NYLS Law Review

No abstract provided.


Misinformed Consent: Non-Medical Bases For American Birth Recommendations As A Human Rights Issue, Lisa L. Chalidze Jan 2009

Misinformed Consent: Non-Medical Bases For American Birth Recommendations As A Human Rights Issue, Lisa L. Chalidze

NYLS Law Review

No abstract provided.