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- American University Washington College of Law (18)
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- Discrimination (12)
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- Publication
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- American University Journal of Gender, Social Policy & the Law (8)
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- University of Maryland Law Journal of Race, Religion, Gender and Class (6)
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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
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
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
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
"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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
The Modern American
No abstract provided.
Movie Review: Vincent Who?, Yeon Me Kim
Legislative Updates , Guadalupe A. Lopez
Orphan Train Myths And Legal Reality , Rebecca S. Trammell
Orphan Train Myths And Legal Reality , Rebecca S. Trammell
The Modern American
No abstract provided.
Postracial Discrimination , Girardeau A. Spann
Postracial Discrimination , Girardeau A. Spann
The Modern American
No abstract provided.
Panelists Biographies , American University Washington College Of Law Office Of Student Affairs
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
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
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
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
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
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
Misinformed Consent: Non-Medical Bases For American Birth Recommendations As A Human Rights Issue, Lisa L. Chalidze
NYLS Law Review
No abstract provided.