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Articles 1 - 7 of 7
Full-Text Articles in Law
Functionally Suspect: Reconceptualizing 'Race' As A Suspect Classification, Lauren Sudeall
Functionally Suspect: Reconceptualizing 'Race' As A Suspect Classification, Lauren Sudeall
Vanderbilt Law School Faculty Publications
In the context of equal protection doctrine, race has become untethered from the criteria underlying its demarcation as a classification warranting heightened scrutiny. As a result, it is no longer an effective vehicle for challenging the existing social and political order; instead, its primary purpose under current doctrine is to signal the presence of an impermissible basis for differential treatment. This Symposium Article suggests that, to more effectively serve its underlying normative goals, equal protection should prohibit not discrimination based on race per se, but government actions that implicate the concerns leading to race’s designation as a suspect classification. For …
The Sins Of Innocence In Standing Doctrine, Elise C. Boddie
The Sins Of Innocence In Standing Doctrine, Elise C. Boddie
Vanderbilt Law Review
Should reverse discrimination plaintiffs always be able to challenge race-conscious selection policies in court? Conventional standing doctrine requires plaintiffs to show that the contested policy or practice has caused a concrete, personal harm. Yet in affirmative action cases, courts seem to have quietly dispensed with this required showing. The Supreme Court's decision in Fisher v. University of Texas is a prime example. The university illustrated that the white plaintiff would not have been admitted whatever her race. Yet the Court completely ignored the standing inquiry, reinforcing the significant confusion among courts and scholars alike about the cognizability of racial injury. …
Contextualizing Gay‐Straight Alliances: Student, Advisor And Structural Factors Related To Positive Youth Development Among Members, Matthew P. Shaw
Contextualizing Gay‐Straight Alliances: Student, Advisor And Structural Factors Related To Positive Youth Development Among Members, Matthew P. Shaw
Vanderbilt Law School Faculty Publications
Gay-straight alliances (GSAs) may promote resilience. Yet, what GSA components predict well-being? Among 146 youth and advisors in 13 GSAs (58% lesbian, gay, bisexual, or questioning; 64% White; 38% received free/reduced-cost lunch), student (demographics, victimization, attendance frequency, leadership, support, control), advisor (years served, training, control), and contextual factors (overall support or advocacy, outside support for the GSA) that predicted purpose, mastery, and self-esteem were tested. In multilevel models, GSA support predicted all outcomes. Racial/ethnic minority youth reported greater well-being, yet lower support. Youth in GSAs whose advisors served longer and perceived more control and were in more supportive school contexts …
Against Immutability, Jessica A. Clarke
Against Immutability, Jessica A. Clarke
Vanderbilt Law School Faculty Publications
Courts often hold that antidiscrimination law protects “immutable” characteristics, like sex and race. In a series of recent cases, gay rights advocates have persuaded courts to expand the concept of immutability to include not just those traits an individual cannot change, but also those considered too important for anyone to be asked to change. Sexual orientation and religion are paradigmatic examples. This Article critically examines this new concept of immutability, asking whether it is fundamentally different from the old one and how it might apply to characteristics on the borders of employment discrimination law’s protection, such as obesity, pregnancy, and …
An Immovable Object And An Unstoppable Force: Reconciling The First Amendment And Antidiscrimination Laws In The Claybrooks Court, Erin A. Shackelford
An Immovable Object And An Unstoppable Force: Reconciling The First Amendment And Antidiscrimination Laws In The Claybrooks Court, Erin A. Shackelford
Vanderbilt Journal of Entertainment & Technology Law
This Note broadly addresses the problem of racial stereotyping and racial roles in the media. It is viewed through the lens of Claybrooks v. ABC, Inc., a recent federal district court decision of first impression. In Claybrooks, the court dismissed the plaintiffs discrimination claims, ruling that casting decisions were protected under the First Amendment. This Note will address the problem of racial discrimination by focusing on racial misrepresentations in the media and the role of reality television programs in that landscape. Specifically, this Note will propose a new solution for the Claybrooks court. This analysis will assert that cast members …
Built For Boyhood?: A Proposal For Reducing The Amount Of Gender Bias In The Advertising Of Children's Toys On Television, Nareissa L. Smith
Built For Boyhood?: A Proposal For Reducing The Amount Of Gender Bias In The Advertising Of Children's Toys On Television, Nareissa L. Smith
Vanderbilt Journal of Entertainment & Technology Law
While the last half-century has seen a dramatic increase in the number of US women in the workforce, women remain under represented in STEM (Science, Technology, Engineering, and Mathematics) fields. For years, researchers and social commentators have tried to explain the persistence of this gender gap. Some have even argued that genetic differences explain women's inability to excel in the hard sciences. This Article asserts that the impact of socialization on children's educational and occupational choices has been greatly underestimated. Specifically, the toys that are marketed to boys teach spatial skills that prepare boys for STEM careers. Conversely, the toys …
Baptizing O'Brien: Towards Intermediate Protection Of Religiously Motivated Expressive Conduct, Daniel J. Hay
Baptizing O'Brien: Towards Intermediate Protection Of Religiously Motivated Expressive Conduct, Daniel J. Hay
Vanderbilt Law Review
Despite the relative prominence of religious expression in society' and its elevated status in constitutional law, the Supreme Court has struggled to articulate a consistent standard of review for neutral, generally applicable laws that indirectly burden religious expression. Since the late nineteenth century, the Court has vacillated between a highly deferential belief-action dichotomy and a more searching (albeit selectively applied) compelling interest test. Currently, the Court embraces a hybrid categorical-rational basis standard that relies in part upon a highly criticized assumption that the political process will be solicitous of minority religious practice. This retreat to rational basis has subordinated religious …