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- Faculty Scholarship (4)
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Articles 1 - 22 of 22
Full-Text Articles in Law
Bringing Small Business Development To Urban Neighborhoods, Robert E. Suggs
Bringing Small Business Development To Urban Neighborhoods, Robert E. Suggs
Faculty Scholarship
This article describes a race-neutral policy proposal designed to increase business formation and success rates for young urban African Americans. The proposal suggests using local governments' taxing authority, in a manner analogous to tax increment financing, to create financial incentives for successful small business owners to employ, and then mentor and train as business owners, young urban entrepreneurs from deteriorating neighborhoods. The amount of financial incentive varies directly with financial success of protégés and requires the transfer of some of the mentor’s social (reputational) capital to the protégé. Business activity has created wealth and economic mobility for other ethnic groups, …
Clash Between The First Amendment And Civil Rights: Public University Nondiscrimination Clauses, The, Richard M. Paul Iii, Derek Rose
Clash Between The First Amendment And Civil Rights: Public University Nondiscrimination Clauses, The, Richard M. Paul Iii, Derek Rose
Missouri Law Review
Individual rights have become increasingly important in this country in the past few decades. University campuses across the country form part of the current bedrock of this movement. Therefore, it should come as no surprise that public universities,' the closest representative of the government to college students, are the subject of much of the pressure to enact rules protecting the rights, viewpoints, and actions of minority members of society. Universities originally intended that nondiscrimination clauses ensure student groups recognized by the university did not exercise improper prejudices based on gender, nationality, or religious belief. Recently, however, the gay rights movement …
Accommodating Equality In The Unionized Workplace, Katherine Swinton
Accommodating Equality In The Unionized Workplace, Katherine Swinton
Osgoode Hall Law Journal
This article explores the appropriate relationship between human rights and collective bargaining laws through an examination of the Supreme Court of Canada's jurisprudence on the duty to accommodate. While collective bargaining can be an important force to promote equality for disadvantaged groups, resistance to changing the terms of collective agreements to accommodate those groups can arise, especially when other employees' seniority rights are affected. The emerging jurisprudence suggests that seniority rights will be respected in many situations, especially in layoffs, but the article outlines circumstances in which accommodation will be necessary to vindicate equality rights.
Foreword: Civil Rights In 1995, Barry Sullivan
Foreword: Civil Rights In 1995, Barry Sullivan
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Civil Rights: A Common And Continuing Struggle, Deval Patrick
Civil Rights: A Common And Continuing Struggle, Deval Patrick
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Who Is Right About Responsibility: An Application Of Rights Talk To Balla V. Gambro, Inc. And General Dynamics Corp. V. Rose, Justine Thompson
Who Is Right About Responsibility: An Application Of Rights Talk To Balla V. Gambro, Inc. And General Dynamics Corp. V. Rose, Justine Thompson
Duke Law Journal
No abstract provided.
Unlucky Thirteenth: A Constitutional Amendment In Search Of A Doctrine , Lauren Kares
Unlucky Thirteenth: A Constitutional Amendment In Search Of A Doctrine , Lauren Kares
Cornell Law Review
No abstract provided.
A Restatement Of The Supreme Court's Law Of Religious Freedom: Coherence, Conflict Or Chaos?, Carl H. Esbeck
A Restatement Of The Supreme Court's Law Of Religious Freedom: Coherence, Conflict Or Chaos?, Carl H. Esbeck
Faculty Publications
Religious freedom as guaranteed in the First Amendment makes religious pluralism more likely, while pluralism makes the maintenance of religious freedom as a fundamental civil right more necessary. It seems there is a limit, however, to the expansion of America's religious pluralism that, when exceeded, shatters cultural consensus thus rendering impossible the political and civil discourse necessary to sustain democratic institutions.1 This follows because pluralism promises freedom but exacts a price in civic disunity and moral confusion. The question thereby resolves itself into just how a religiously diverse people are to live together, despite their deepest differences, while sharing in …
The Color Of Tradition: Critical Race Theory And Postmodern Constitutional Traditionalism, Robert L. Hayman
The Color Of Tradition: Critical Race Theory And Postmodern Constitutional Traditionalism, Robert L. Hayman
Robert L. Hayman
No abstract provided.
Liberating The Thirteenth Amendment, Douglas L. Colbert
Liberating The Thirteenth Amendment, Douglas L. Colbert
Faculty Scholarship
No abstract provided.
Affirming The Thirteenth Amendment, Douglas L. Colbert
Affirming The Thirteenth Amendment, Douglas L. Colbert
Faculty Scholarship
No abstract provided.
Rights And Politics, Joseph Raz
Rights And Politics, Joseph Raz
Indiana Law Journal
Presented on October 7, 1994, at the Indiana University School of Law-Bloomington, as the inaugural Jerome Hall Lecture.
Employment Discrimination: Recent Developments In The Supreme Court (Symposium: The Supreme Court And Local Government Law, 1993-1994 Term), Eileen Kaufman
Employment Discrimination: Recent Developments In The Supreme Court (Symposium: The Supreme Court And Local Government Law, 1993-1994 Term), Eileen Kaufman
Scholarly Works
No abstract provided.
The Price Of Landlord's "Free" Exercise Of Religion: Tenant's Rights To Discrimination-Free Housing And Privacy, Maureen E. Markey
The Price Of Landlord's "Free" Exercise Of Religion: Tenant's Rights To Discrimination-Free Housing And Privacy, Maureen E. Markey
Fordham Urban Law Journal
No precedent from the United States Supreme Court or other jurisprudence supports an individual, court-ordered free exerciseexemption for a landlord who violates the antidiscrimination laws while engaged in the business of rental housing. The fair housing laws are designed specifically to protect tenants from discrimination based on a landlord's personal biases. Although neither courts nor legislatures can dictate the morals of the marketplace, neither should they condone discriminatory acts that are clothed in the respectable shroud of the free exercise of religion. An exemption based not upon the landlord's own conduct, but on the landlord's disapproval of the presumed conduct …
Federal Defender Services: Serving The System Or The Client, John J. Cleary
Federal Defender Services: Serving The System Or The Client, John J. Cleary
Law and Contemporary Problems
Cleary discusses how defense services should be provided. He reviews the evolution of the right to effective assistance of counsel and the advent of compensated defense services and suggests reforms.
Tribal-State Affairs: The Next Proving Ground?, David E. Wilkins
Tribal-State Affairs: The Next Proving Ground?, David E. Wilkins
Jepson School of Leadership Studies articles, book chapters and other publications
While these more profound issues of structure and perception beg for solution, a more immediate problem has arisen with the advent of Republican dominance in the Congress. One of the likely outgrowths of this transference of political power is that Congress, along with the Supreme Court, which has been doing it for some time, may funnel more issues to the States and their subsidiary governments for resolution or administration. Such a transfer does not bode well for tribes. Remember the allotment of Indian lands (1880s-1930s) and the Termination of tribes (1950s-1960s)? Those policies essentially made tribes and their citizens subject …
Lawyers And Social Justice, Michael E. Tigar
Lawyers And Social Justice, Michael E. Tigar
Faculty Scholarship
No abstract provided.
2001: A Train Ride: A Guided Tour Of The Sixth Amendment Right To Counsel, Gerald F. Uelmen
2001: A Train Ride: A Guided Tour Of The Sixth Amendment Right To Counsel, Gerald F. Uelmen
Law and Contemporary Problems
Uelmen offers a guided railway tour of the Sixth Amendment right to counsel, making stops along the way to revisit various legal landmarks such as "Nabb v. United States" and "Powell v. Alabama."
Federal Enforcement Of Civil Rights During The First Reconstruction, Robert J. Kaczorowski
Federal Enforcement Of Civil Rights During The First Reconstruction, Robert J. Kaczorowski
Fordham Urban Law Journal
This essay recounts the heroic efforts of federal legal officers and judges to enforce citizens' rights during the 1870s. Part I sets forth the historical events giving rise to the enforcement effort of the Grant Administration. Part II details the problems which the federal executive branch faced when it aggressively prosecuted civil rights violations. Part III details the problems which the federal judiciary faced in administering the civil rights prosecutions brought by the executive branch. Part IV details the national political problems that eventually ended effective enforcement of federal civil rights laws. This Essay concludes that, notwithstanding the problems faced …
Eliminating Indian Stereotypes From American Society: Causes And Legal And Societal Solutions, Kim Chandler Johnson, John Terrence Eck
Eliminating Indian Stereotypes From American Society: Causes And Legal And Societal Solutions, Kim Chandler Johnson, John Terrence Eck
American Indian Law Review
No abstract provided.