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2013

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Full-Text Articles in Law

Brief Of Amicus Curiae Labor Law Professors In Support Of Respondents, Fred T. Korematsu Center For Law And Equality Dec 2013

Brief Of Amicus Curiae Labor Law Professors In Support Of Respondents, Fred T. Korematsu Center For Law And Equality

Fred T. Korematsu Center for Law and Equality

Pamela Harris et al. v. Pat Quinn, Governor of Illinois et al.


Out Of 'Control': The Operation Gold Exception And The Ncaa’S Susceptibility To Lawsuit Under Title Vi, Rob C. Burns Dec 2013

Out Of 'Control': The Operation Gold Exception And The Ncaa’S Susceptibility To Lawsuit Under Title Vi, Rob C. Burns

Rob C Burns

This Note looks at the bylaws of the NCAA and argues that certain bylaws concerning athletes competing in the Olympic Games, which permit American athletes to receive medal bonuses that their foreign counterparts cannot, are discriminatory on the basis of national origin in violation of Title VI of the Civil Rights Act.


The New Privacy, Paul M. Schwartz, William Michael Treanor Dec 2013

The New Privacy, Paul M. Schwartz, William Michael Treanor

Paul M. Schwartz

This article reviews Overseers of the Poor: Surveillance, Resistance and the Limits of Privacy John Gilliom (2001). In 1964, as the welfare state emerged in full force in the United States, Charles Reich published The New Property, one of the most influential articles ever to appear in a law review. Reich argued that in order to protect individual autonomy in an "age of governmental largess," a new property right in governmental benefits had to be recognized. He called this form of property the "new property." In retrospect, Reich, rather than anticipating trends, was swimming against the tide of history. In …


Plight Of Black Farmers In The Context Of Usda Farm Loan Programs: A Research Agenda For The Future, Shakara S. Tyler, Eddie A. Moore Dec 2013

Plight Of Black Farmers In The Context Of Usda Farm Loan Programs: A Research Agenda For The Future, Shakara S. Tyler, Eddie A. Moore

Professional Agricultural Workers Journal

Black farmers remain an underdeveloped topic in academic literature. This historical study used a historical research methodology to assess the plight of Black farmers in the context of United States Department of Agriculture (USDA) farm loan programs and offered an array of future research recommendations. We investigated the severity of the plight of Black farmers in the context of USDA farm loan programs with an emphasis on effective and responsive leadership in relation to four elements: 1) legislative initiatives, 2) policy initiatives, 3) USDA structure and delivery systems, and the 4) Pigford v. Glickman class action and consent decree. We …


A Case Of Statutory Interpretation: Does 42 U.S.C. 1981 Prohibit Retaliation, Barbara J. Fick Dec 2013

A Case Of Statutory Interpretation: Does 42 U.S.C. 1981 Prohibit Retaliation, Barbara J. Fick

Barbara J. Fick

This article discusses the case CBOCS West, Inc. v. Humphries, 553 U.S. 442 (2008). That case presented two questions: (1) Can an employee bring a claim under 42 U.8.C. § 1981 if he is terminated from employment because he has complained about racial discrimination at work?; and (2) Can the language of the statute be interpreted to include retaliation claims? Professor Fick argues that the this case is of great concern to employers whose liability for retaliation will be greatly expanded if the statute is interpreted to include retaliation claims and also that the case may be important from a …


Title Vii: When Is A Pretext Not A Pretext? An Analysis Of Westinghouse Electric Corp. V. Vaughn, Barbara J. Fick Dec 2013

Title Vii: When Is A Pretext Not A Pretext? An Analysis Of Westinghouse Electric Corp. V. Vaughn, Barbara J. Fick

Barbara J. Fick

This article previews the Supreme Court case Westinghouse Electric Corp. v. Vaughn, 466 U.S. 521 (1984). The author expected the Court to clarify the evidentiary requirements and burdens of plaintiffs and defendants in litigating a disparate treatment claim under Title VII of the Civil Rights Act of 1964.


The Unbearable Whiteness Of Milk: Food Oppression And The Usda, Andrea Freeman Dec 2013

The Unbearable Whiteness Of Milk: Food Oppression And The Usda, Andrea Freeman

UC Irvine Law Review

No abstract provided.


From Sex For Pleasure To Sex For Parenthood: How The Law Manufactures Mothers, Beth A. Burkstrand-Reid Dec 2013

From Sex For Pleasure To Sex For Parenthood: How The Law Manufactures Mothers, Beth A. Burkstrand-Reid

Nebraska College of Law: Faculty Publications

As soon as sperm enter a woman, so do law and politics, or so the decades-long disputes surrounding abortion suggest. Now, however, renewed debates surrounding contraceptives show legal and political interference with women’s sexual and reproductive autonomy may actually precede the sperm. This Article argues that, increasingly, women even thinking about having sex are defined socially and legally as “mothers.” Via this broad definition of who is a “mother,” the State extends its reach into women’s decision-making throughout their reproductive lifetime.

This Article argues that the State simultaneously devalues women’s choices to have sex for pleasure, which this Article calls …


Torch (December 2013), Brandon Baldwin, Civil Rights Team Project Dec 2013

Torch (December 2013), Brandon Baldwin, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

No abstract provided.


The Invention Of Asian Americans, Robert S. Chang Dec 2013

The Invention Of Asian Americans, Robert S. Chang

UC Irvine Law Review

No abstract provided.


Terror En El Crepúsculo: El Verdadero Legado De La Patrulla Fronteriza De Los Estados Unidos En La Península Olímpica Del Estado De Washington, Fred T. Korematsu Center For Law And Equality, Forks Human Rights Group Dec 2013

Terror En El Crepúsculo: El Verdadero Legado De La Patrulla Fronteriza De Los Estados Unidos En La Península Olímpica Del Estado De Washington, Fred T. Korematsu Center For Law And Equality, Forks Human Rights Group

Fred T. Korematsu Center for Law and Equality

Terror in Twilight: Border Patrol involvement in local policing


True Feminism: Identifying The Real Threats To Women, Cynthia Noland Dunbar Dec 2013

True Feminism: Identifying The Real Threats To Women, Cynthia Noland Dunbar

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

No abstract provided.


Terror In Twilight: Border Patrol Involvement In Local Policing, Fred T. Korematsu Center For Law And Equality, Forks Human Rights Group Dec 2013

Terror In Twilight: Border Patrol Involvement In Local Policing, Fred T. Korematsu Center For Law And Equality, Forks Human Rights Group

Fred T. Korematsu Center for Law and Equality

Terror in Twilight: Border Patrol involvement in local policing


“It’S A Kākou Thing”: The Dadt Repeal And A New Vocabulary Of Anti-Subordination, Kim D. Chanbonpin Dec 2013

“It’S A Kākou Thing”: The Dadt Repeal And A New Vocabulary Of Anti-Subordination, Kim D. Chanbonpin

UC Irvine Law Review

No abstract provided.


Citizenship, Voting, And Asian American Political Engagement, Ana Henderson Dec 2013

Citizenship, Voting, And Asian American Political Engagement, Ana Henderson

UC Irvine Law Review

No abstract provided.


Democracy And Renewed Distrust: Equal Protection And The Evolving Judicial Conception Of Politics, Bertrall L. Ross Nov 2013

Democracy And Renewed Distrust: Equal Protection And The Evolving Judicial Conception Of Politics, Bertrall L. Ross

Bertrall L Ross

Judicial interpretations of the Equal Protection Clause have undergone a major transformation over the last fifty years. A Supreme Court once suspicious of the democratic losses of discrete and insular minorities, now closely scrutinizes their democratic victories. A Court once active in structuring the democratic process to be inclusive of racial and other minorities, now views minority representation in the political process as essentially irrelevant. A Court once deferential to exercises of congressional power that enhanced the equal protection rights of minorities, now gives Congress much less leeway.

What explains these shifts? An easy explanation is that the Supreme Court …


Changing Your Name In New York: A Guide For Attorneys And The Self-Represented—Part Ii, Gerald Lebovits Nov 2013

Changing Your Name In New York: A Guide For Attorneys And The Self-Represented—Part Ii, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.


Children, Parents & The State: The Construction Of A New Family Ideology, Deseriee A. Kennedy Nov 2013

Children, Parents & The State: The Construction Of A New Family Ideology, Deseriee A. Kennedy

Deseriee A. Kennedy

More than twenty-five states allow courts to consider parental incarceration or conviction of a crime in determining whether to terminate parental rights. This problem is of increasing significance as a result of dramatic growth in incarceration rates, particularly among women who were often the primary and sole caretaker of their children before their imprisonment. Social scientists have recognized that the reality for parents in many communities is one of widespread and repeated incarceration, which has a devastating effect on families and communities. The problem is magnified by a failed drug policy and the Adoption and Safe Families Act, which, in …


How (And Why) Nclb Failed To Close The Achievement Gap:Evidence From North Carolina, 1998-2004, Roslyn Mickelson, Jason Giersch, Elizabeth Stearns, Stephanie Moller Nov 2013

How (And Why) Nclb Failed To Close The Achievement Gap:Evidence From North Carolina, 1998-2004, Roslyn Mickelson, Jason Giersch, Elizabeth Stearns, Stephanie Moller

The Bridge: Interdisciplinary Perspectives on Legal & Social Policy

Recent state and national policy changes for public education are premised upon the idea that high-stakes tests can improve student outcomes and close achievement gaps. Opponents maintain that such policies fail on both counts. Using a unique longitudinal dataset from North Carolina, we find that high-stakes tests have failed to close achievement gaps associated with social class and race, and that the persistence of these gaps is related, at least in part, to academic tracking. Such findings add to the questions being raised about such policies as No Child Left Behind.


Brief Of Amicus Curiae Latina And Latino Critical Legal Theory, Inc. Supporting Plaintiffs-Appellants Urging Reversal, Counsel For Amici Curiae Nov 2013

Brief Of Amicus Curiae Latina And Latino Critical Legal Theory, Inc. Supporting Plaintiffs-Appellants Urging Reversal, Counsel For Amici Curiae

Fred T. Korematsu Center for Law and Equality

Fighting Arizona's Attack on Ethnic Studies - Maya Arce, et al. v. John Huppenthal, et. al


Brief For Amici Curiae 48 Public School Teachers In Support Of Appellants' Request For Reversal, Counsel For Amici Curiae Nov 2013

Brief For Amici Curiae 48 Public School Teachers In Support Of Appellants' Request For Reversal, Counsel For Amici Curiae

Fred T. Korematsu Center for Law and Equality

Fighting Arizona's Attack on Ethnic Studies - Maya Arce, et al. v. John Huppenthal, et. al


Brief Of The National Education Association And Arizona Education Association As Amici Curiae In Support Of Plaintiffs-Appellants, Counsel For Amici Curiae Nov 2013

Brief Of The National Education Association And Arizona Education Association As Amici Curiae In Support Of Plaintiffs-Appellants, Counsel For Amici Curiae

Fred T. Korematsu Center for Law and Equality

Fighting Arizona's Attack on Ethnic Studies - Maya Arce, et al. v. John Huppenthal, et. al


Brief Of Authors Rodolfo Acuña, Bill Bigelow, Richard Delgado, And Jean Stefancic As Amici Curiae In Support Of Appellants, Counsel For Amici Curiae Nov 2013

Brief Of Authors Rodolfo Acuña, Bill Bigelow, Richard Delgado, And Jean Stefancic As Amici Curiae In Support Of Appellants, Counsel For Amici Curiae

Fred T. Korematsu Center for Law and Equality

Fighting Arizona's Attack on Ethnic Studies - Maya Arce, et al. v. John Huppenthal, et. al


Amici Curiae Brief On Behalf Of Chief Earl Warren Institute On Law And Social Policy, And The Anti-Defamation League, In Support Of Plaintiffs-Appellants, Counsel For Amici Curiae Nov 2013

Amici Curiae Brief On Behalf Of Chief Earl Warren Institute On Law And Social Policy, And The Anti-Defamation League, In Support Of Plaintiffs-Appellants, Counsel For Amici Curiae

Fred T. Korematsu Center for Law and Equality

Fighting Arizona's Attack on Ethnic Studies - Maya Arce, et al. v. John Huppenthal, et. al


Brief Of Freedom To Read Foundation, Et Al. As Amici Curiae In Support Of Plaintiffs-Appellants And Supporting Reversal, Counsel For Amici Curiae Nov 2013

Brief Of Freedom To Read Foundation, Et Al. As Amici Curiae In Support Of Plaintiffs-Appellants And Supporting Reversal, Counsel For Amici Curiae

Fred T. Korematsu Center for Law and Equality

Fighting Arizona's Attack on Ethnic Studies - Maya Arce, et al. v. John Huppenthal, et. al


Religious Victory Over The Affordable Care Act? Possible Recourse For The Employee Of The Religious Employer, Jacqueline Prats Nov 2013

Religious Victory Over The Affordable Care Act? Possible Recourse For The Employee Of The Religious Employer, Jacqueline Prats

Jacqueline M Prats

In 2012, the Supreme Court upheld the Patient Protection and Affordable Care Act (ACA). Even as the Court deliberated, a number of for-profit employers prepared to challenge the law—not the Act as a whole, but a specific part: the requirement that insurance plans cover contraceptives for women, free of co-pay or other cost-sharing. Although their companies were secular, these business owners claimed that the “contraception mandate” violated not only their religious beliefs, but also those of their companies. They challenged the ACA under both the Free Exercise Clause of the First Amendment and a federal statute called the Religious Freedom …


What Do We Worry About When We Worry About Price Discrimination? The Law And Ethics Of Using Personal Information For Pricing, Akiva A. Miller Nov 2013

What Do We Worry About When We Worry About Price Discrimination? The Law And Ethics Of Using Personal Information For Pricing, Akiva A. Miller

Akiva A Miller

New information technologies have dramatically increased sellers’ ability to engage in retail price discrimination. Debates over using personal information for price discrimination frequently treat it as a single problem, and are not sufficiently sensitive to the variety of price discrimination practices, the different kinds of information they require in order to succeed, and the different ethical concerns they raise. This paper explores the ethical and legal debate over regulating price discrimination facilitated by consumers’ personal information. Various kinds of “privacy remedies”—self-regulation, technological fixes, state regulation, and legislating private causes of legal action—each have their place. By drawing distinctions between various …


Brief Of Appellants, Lorraine Bannai, Robert S. Chang, Charlotte Garden, Fred T. Korematsu Center For Law And Equality, Attorneys For Appellants Nov 2013

Brief Of Appellants, Lorraine Bannai, Robert S. Chang, Charlotte Garden, Fred T. Korematsu Center For Law And Equality, Attorneys For Appellants

Fred T. Korematsu Center for Law and Equality

Fighting Arizona's Attack on Ethnic Studies - Maya Arce, et al. v. John Huppenthal, et. al


Clarence X?: The Black Nationalist Behind Justice Thomas's Constitutionalism, Stephen F. Smith Nov 2013

Clarence X?: The Black Nationalist Behind Justice Thomas's Constitutionalism, Stephen F. Smith

Stephen F. Smith

No abstract provided.


A Supplementary State Civil Rights Act, Robert E. Rodes Nov 2013

A Supplementary State Civil Rights Act, Robert E. Rodes

Robert Rodes

Under the following statute, civil rights groups, with the approval of the state civil rights commission, may enter into agreements with employers, labor organizations, school authorities, or other public or private agencies, for a direct attack on de facto segregation through a deliberate mixing of races in a desired proportion. Professor Rodes characterizes his draft as "a suggestion for controlled concessions to the principle of direct mixing of the races" in such a manner as to be "philosophically consistent with an ultimate commitment to a society in which racial considerations play no part."