Law Commons^™

The Domestic Face Of Globalization: Law's Role In The Integration Of Immigrants In The United States, Alfred C. Aman, Graham Rehrig

Articles by Maurer Faculty

This article applies a global perspective to immigration in the United States, focusing in particular on law’s role in the integration of immigrants into U.S. society. The global perspective illuminates the relationship of immigration to other forms of transnationalism, as well as to the situation of non-immigrant minorities and the working poor. We review the history of immigration law in the United States as well as the main elements of current debate. Drawing on the Constitution’s guarantees of equal protection, as well as the preemption doctrine, we suggest specific ways in which immigration law might optimally evolve in the future. …

The Entrenchment Of The Glass Sneaker Ceiling: Excavating Forty-Five Years Of Sex Discrimination Involving Educational Athletic Employment Based On Title Vii, Title Ix And The Equal Pay Act, Diane Heckman

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

The Thirteenth Amendment And Interest Convergence, William M. Carter Jr.

Articles

The Thirteenth Amendment was intended to eliminate the institution of slavery and to eliminate the legacy of slavery. Having accomplished the former, the Amendment has only rarely been extended to the latter. The Thirteenth Amendment’s great promise therefore remains unrealized.

This Article explores the gap between the Thirteenth Amendment’s promise and its implementation. Drawing on Critical Race Theory, this Article argues that the relative underdevelopment of Thirteenth Amendment doctrine is due in part to a lack of perceived interest convergence in eliminating what the Amendment’s Framers called the “badges and incidents of slavery.” The theory of interest convergence, in its …

The Supreme Court’S Surprising And Strategic Response To The Civil Rights Act Of 1991, Michael Selmi

GW Law Faculty Publications & Other Works

This essay, which was prepared for a symposium issue in recognition of the twentieth anniversary of the Civil Rights Act of 1991, explores the Supreme Court’s response to the Congressional repudiation of its cases reflected in the 1991 Act. Relying on a positive political theory framework, I demonstrate that the Court appears to have responded in a strategically sophisticated manner designed to insulate their decisions from Congressional reversal. The 1991 Act reversed or modified eight Supreme Court decisions, and reflected concern regarding the conservative turn the Court had taken in discrimination cases. After the passage of the Act, plaintiffs have …

Localities As Equality Innovators, Robin A. Lenhardt

Faculty Scholarship

This Article thus argues that instead of regarding cities and localities that, like Seattle and Louisville, try to develop serious solutions to existing racial disparities as "bad cities" no different from those whose notorious policies spurred the civil rights movement of the 1950s and 1960s, we should be regarding them as potential "equality innovators.” Their on-the-ground experience with the realities of race and its operation in the twenty-first century arguably places them in a better position than courts to develop innovative approaches to the structural racial inequities with which so many municipalities must grapple. Existing doctrine limits dramatically the ability …

Beyond Common Sense: A Social Psychological Study Of Iqbal's Effect On Claims Of Race Discrimination, Victor D. Quintanilla

Articles by Maurer Faculty

This article examines the U.S. Supreme Court’s decision Ashcroft v. Iqbal, 129 S. Ct. 1937 (2009) from a social psychological perspective, and empirically studies Iqbal’s effect on claims of race discrimination.

In Twombly and then Iqbal, the Court recast Rule 8 from a notice-based rule into a plausibility standard. Under Iqbal, federal judges must evaluate whether each complaint contains sufficient factual matter “to state a claim to relief that is plausible on its face.” When doing so, Iqbal requires judges to draw on their “judicial experience and common sense.” Courts apply Iqbal at the pleading stage, before evidence has been …

Maryland Lawyers Who Helped Shape The Constitution: Father Of Freedom - Charles Hamilton Houston, José F. Anderson

All Faculty Scholarship

For most Americans, Charles Hamilton Houston is barely a footnote in history. Born in 1896, this Phi Beta Kappa graduate of Amherst College and Harvard educated African-American lawyer went on to win eight of nine cases in the United States Supreme Court. He designed the legal strategy for the historic Brown v. Board of Education 347 U.S. 483 (1954). He was the first African American to be elected to the Harvard Law Review and the first to earn the degree Doctor of Juridical Science Degree

By 1950 he would be laid to rest, exhausted by his brutal multi-state law reform …

Senator Edward Kennedy: A Lion For Voting Rights, Gilda R. Daniels

All Faculty Scholarship

Senator Edward Kennedy was considered the Lion of the United States Senate. He was also a Lion for civil rights, fighting for justice and equality. Passion, patience and perseverance all describe Senator Kennedy’s approach to legislation. He worked across the political ideological aisle for the furtherance of civil and human rights. His political perspective was never shaded with shadows of personal benefit.

Throughout his career, Senator Kennedy continued to champion civil rights issues, such as, voting, education, housing, and disability rights. During his almost five decades in the United States Senate, he seized many opportunities to highlight and forward the …

Tangled Up In Law: The Jurisprudence Of Bob Dylan, Michael L. Perlin

Articles & Chapters

A a careful examination of Bob Dylan’s lyrics reveals a writer - a scholar - with a well-developed jurisprudence, ranging over a broad array of topics that relate to civil and criminal law, public and private law. His lyrics reflect the work of a thinker who takes “the law” seriously in multiple iterations - the role of lawyers, the role of judges, the disparities between the ways the law treats the rich and the poor, the inequality of the criminal and civil justice systems, the corruption of government, the police, and the judiciary, and more. In this paper, I seek …

Stimulus And Civil Rights, Olatunde C.A. Johnson

Faculty Scholarship

Federal spending has the capacity to perpetuate racial inequality, not simply through explicit exclusion, but through choices made in the legislative and institutional design of spending programs. Drawing on the lessons of New Deal and postwar social programs, this Essay offers an account of the specificfeatures offederal spending that give it salience in structuring racial arrangements. Federal spending programs, this Essay argues, are relevant in structuring racial inequality due to their massive scale, their creation of new programmatic and spending infrastructures, and the choices made in these programs as to whether to impose explicit inclusionary norms on states and localities. …

The Last Plank: Rethinking Public And Private Power To Advance Fair Housing, Olatunde C.A. Johnson

Faculty Scholarship

The persistence of housing discrimination more than forty years after the passage of the federal Fair Housing Act (FHA) of 1968 is among the most intractable civil rights puzzle. For the most part, this puzzle is not doctrinal: the Supreme Court has interpreted the FHA only a handful of times over the last two decades – a marked contrast to frequent doctrinal contestations over the statutory scope and constitutionality of federal laws governing employment discrimination and voting rights. Instead, the central puzzle is the inefficacy of the FHA's enforcement regime given that, in formal terms, the regime is the strongest …

Clearing Civil Procedure Hurdles In The Quest For Justice, Suzette M. Malveaux

Publications

No abstract provided.

Beyond Equality? Against The Universal Turn In Workplace Protection, Jessica A. Clarke

Vanderbilt Law School Faculty Publications

Sexual harassment law and family leave policy originated as feminist reform projects designed to protect women in the workplace. But many academics now ask whether harassment and leave policies have outgrown their gendered roots. The anti-bullying movement advocates taking the “sexual” out of harassment law to prohibit all forms of on-the-job mistreatment. Likewise, the work-life balance movement advocates taking the “family” out of leave policy to require employers to accommodate all types of life pursuits. These proposals are in line with recent cases and scholarship on civil rights that reframe problems once seen as issues of inequality as deprivations of …

Fostering Race-Related Dialogue: Lessons From A Small Seminar, Jonathan R. Cohen

UF Law Faculty Publications

People frequently shy away from discussing race. Yet, for many reasons, discussing race is extremely important. Drawing upon my experience of teaching a small seminar that addressed race through the lens of reconciliation, in this essay I offer several suggestions for fostering constructive race-related dialogue. I begin by identifying some factors that can make race-related dialogue difficult. I then suggest five steps that may facilitate constructive dialogue: (1) establish trust and good conversational dynamics before discussing race, (2) prompt the discussion with a reading or other informative stimulus, (3) listen to others with the goal of understanding their thoughts, (4) …

Building A Movement With Immigrant Workers: The 1972-74 Strike And Boycott At Farah Manufacturing, Maria L. Ontiveros

Maria L. Ontiveros

Between May, 1972 and February, 1974, thousands of Chicana workers struck Farah Manufacturing plants throughout Texas. They were joined in their efforts by the Amalgamated Clothing Workers of America who orchestrated nationwide pickets calling for a boycott of Farah slacks. The strike and boycott were supported by various civil rights groups, politicians and religious organizations. Working together, they caused a dramatic drop in sales, large operating losses and a substantial drop in the company's share price. After several victories before the National Labor Relations Board, the strike settled with the company rehiring 3,000 strikers and recognizing the union. The company, …

Equality Dissonance: Jurisprudential Limitations And Legislative Opportunities, Lia Epperson

Lia Epperson