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Civil rights

2004

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Articles 1 - 30 of 46

Full-Text Articles in Law

The Promise Of Equality: Reflections On The Post-Brown Era In Virginia, Robert R. Mehrige Jr. Nov 2004

The Promise Of Equality: Reflections On The Post-Brown Era In Virginia, Robert R. Mehrige Jr.

University of Richmond Law Review

No abstract provided.


Table Of Contents Nov 2004

Table Of Contents

University of Richmond Law Review

No abstract provided.


Virginia's Next Challenge: Economic And Educational Opportunity, Mark R. Warner Nov 2004

Virginia's Next Challenge: Economic And Educational Opportunity, Mark R. Warner

University of Richmond Law Review

No abstract provided.


Other Disciplines, Methodologies, And Countries: Studying Courts And Crisis, Tracey E. George Nov 2004

Other Disciplines, Methodologies, And Countries: Studying Courts And Crisis, Tracey E. George

Missouri Law Review

The United States is at war: in Iraq, in Afghanistan, and against terrorism. This symposium asks the timely question: How do governments and their citizens respond to fear and risk in times of crisis? In the essay, I begin by framing the issue very briefly. I then argue that understanding this issue requires scholars to follow Epstein and Wells by looking to other disciplines, methodologies, and countries.


Encouraging Courage: Law's Response To Fear And Risk, William B. Fisch Nov 2004

Encouraging Courage: Law's Response To Fear And Risk, William B. Fisch

Missouri Law Review

No abstract provided.


Reflections On Brown And The Future, Oliver W. Hill Sr. Nov 2004

Reflections On Brown And The Future, Oliver W. Hill Sr.

University of Richmond Law Review

No abstract provided.


With All Deliberate Speed: Civil Human Rights Litigation As A Tool For Social Change, Beth Van Schaack Nov 2004

With All Deliberate Speed: Civil Human Rights Litigation As A Tool For Social Change, Beth Van Schaack

Vanderbilt Law Review

It has been said that Fildrtiga v. Peha-Irala is the Brown v. Board of Education of human rights litigation. Like Brown, Fildrtiga presents one of those rare "breakthrough moments" in law. In Fildrtiga, the Second Circuit confirmed that victims of human rights abuses abroad could seek legal redress in United States courts under the then-obscure Alien Tort Claims Act (ATCA). Fildrtiga thus inaugurated a steady line of cases in U.S. courts invoking the ATCA and related statutes to adjudicate international human rights claims. For a variety of reasons, including the very existence of these statutes, civil litigation has emerged ...


Brown, The Civil Rights Movement, And The Silent Litigation Revolution, Stephen C. Yeazell Nov 2004

Brown, The Civil Rights Movement, And The Silent Litigation Revolution, Stephen C. Yeazell

Vanderbilt Law Review

One doubts that Robert Carter, Thurgood Marshall, Spottswood Robinson, Jack Greenberg and the rest of the legal team that argued Brown v. Board of Education spent much time thinking about mass torts. Nonetheless, it is entirely appropriate that a commemoration of their achievements include not only that topic but also international human rights and health care, as well as the more expected ones of education and social welfare. Brown was part of a revolution, and revolutions often have collateral effects as important as their immediate consequences. The civil rights movement followed the same pattern.

As an immediate consequence, that movement ...


For The Rest Of Their Lives: Seniors And The Fair Housing Act, Robert G. Schwemm, Michael Allen Oct 2004

For The Rest Of Their Lives: Seniors And The Fair Housing Act, Robert G. Schwemm, Michael Allen

Law Faculty Scholarly Articles

America's population is growing older. According to the 2000 census, more than 35 million people in the United States (12% of the total population) are over 65 years old. These figures are expected to grow dramatically in the early decades of the twenty-first century as the "Baby Boom" generation reaches retirement age and as improvements in health care make it possible for more people to live to an advanced age.

Providing housing for this segment of the American population is already a massive industry and one that will certainly grow as the number of, older persons increases. One of ...


Causation And Attenuation In The Slavery Reparations Debate, Kaimipono D. Wenger Aug 2004

Causation And Attenuation In The Slavery Reparations Debate, Kaimipono D. Wenger

ExpressO

Recent discussions of reparations have noted the difficulty reparations advocates have in showing causation. Criticisms of reparations have focused on the attenuated nature of the harm, suggesting that modern claimants are not connected to slaves, that modern payers are not connected to slave owners, and that modern disadvantages cannot be connected to slavery.

This Article examines attenuation concerns and finds that they come in three related but distinct varieties: Victim attenuation, wrongdoer attenuation, and act attenuation. These three components, defined in this Article, show themselves in a number of interrelated legal and moral arguments. They have important strategic consequences, and ...


The Effects Of Jury Ignorance About Damage Caps: The Case Of The 1991 Civil Rights Act, Rebecca Hollander-Blumoff, Matthew T. Bodie Aug 2004

The Effects Of Jury Ignorance About Damage Caps: The Case Of The 1991 Civil Rights Act, Rebecca Hollander-Blumoff, Matthew T. Bodie

ExpressO

No abstract provided.


More Than Segregation, Racial Identity: The Neglected Question In Plessy V. Ferguson, Thomas J. Davis Apr 2004

More Than Segregation, Racial Identity: The Neglected Question In Plessy V. Ferguson, Thomas J. Davis

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Give Them Their Due: An African-American Reparations Program Based On The Native American Federal Aid Model, Mishael A. Danielson, Alexis Pimentel Apr 2004

Give Them Their Due: An African-American Reparations Program Based On The Native American Federal Aid Model, Mishael A. Danielson, Alexis Pimentel

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Cognitive Dissonance Theory: A Case Study Of Loving V. Virginia, Bowers V. Hard Wick, And Lawrence V. Texas, Andrea Celina Coleman Apr 2004

Cognitive Dissonance Theory: A Case Study Of Loving V. Virginia, Bowers V. Hard Wick, And Lawrence V. Texas, Andrea Celina Coleman

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


The Heterosexual Agenda, In The Right To Marry: Making The Case To Go Forward Symposium, John G. Culhane Jan 2004

The Heterosexual Agenda, In The Right To Marry: Making The Case To Go Forward Symposium, John G. Culhane

John G. Culhane

No abstract provided.


Dr. King, Bull Connor, And Persuasive Narratives, Shaun B. Spencer Jan 2004

Dr. King, Bull Connor, And Persuasive Narratives, Shaun B. Spencer

Faculty Publications

This article describes an in-class exercise that illustrates the use of persuasive narrative techniques in a U.S. Supreme Court decision. The article first describes the background to the Supreme Court’s decision in Walker v. City of Birmingham. Next, the article examines persuasive narrative techniques through the lens of an in-class exercise in which students identify the Justices’ narrative devices and consider how those devices preview the Justices’ legal arguments. Finally, the article describes why the Walker case and the exercise are valuable not only to teach persuasive narratives, but also to raise broader issues of lawyering and social ...


A Rational Constitutional Faith: Remarks In Response To Professor Amsterdam, Eric M. Freedman Jan 2004

A Rational Constitutional Faith: Remarks In Response To Professor Amsterdam, Eric M. Freedman

Hofstra Law Review

There are a few substantive thoughts about the future that I wanted to share before letting you get acquainted with each other at the reception. But in order to talk about the future, I will have to go back to the past.

On a beautiful spring day, April 5, 1588, there was a young woman in an advanced state of pregnancy strolling along a beach on the south coast of England when she had an experience that is directly comparable to sitting in your office at the World Trade Center and seeing an airplane heading for your window. She saw ...


Remarks At The Investiture Of Eric M. Freedman As The Maurice A. Deane Distinguished Professor Of Constitutional Law, November 22, 2004, Anthony G. Amsterdam Jan 2004

Remarks At The Investiture Of Eric M. Freedman As The Maurice A. Deane Distinguished Professor Of Constitutional Law, November 22, 2004, Anthony G. Amsterdam

Hofstra Law Review

No abstract provided.


Piercing The Prison Uniform Of Invisibility For Black Female Inmates, Michelle S. Jacobs Jan 2004

Piercing The Prison Uniform Of Invisibility For Black Female Inmates, Michelle S. Jacobs

UF Law Faculty Publications

In Inner Lives: Voices of African American Women In Prison, Professor Paula Johnson has written about the most invisible of incarcerated women — incarcerated African American women. The number of women incarcerated in the United States increased by seventy-five percent between 1986 and 1991. Of these women, a disproportionate number are black women. The percentages vary by region and by the nature of institution (county jail, state prison or federal facility), but the bottom line remains the same. In every instance, black women are incarcerated at rates disproportionate to their percentage in the general population. In Inner Lives, Professor Johnson offers ...


The Logic And Experience Of Law: Lawrence V. Texas And The Politics Of Privacy, Danaya C. Wright Jan 2004

The Logic And Experience Of Law: Lawrence V. Texas And The Politics Of Privacy, Danaya C. Wright

UF Law Faculty Publications

The U.S. Supreme Court's June 2003 decision in Lawrence v. Texas may prove to be one of the most important civil rights cases of the twenty-first century. It may do for gay and lesbian people what Brown v. Board of Education did for African-Americans and Roe v. Wade did for women. While I certainly hope so, my enthusiasm is tempered by the fact that discrimination on the basis of race or gender has not disappeared. Will Lawrence signal meaningful change, or will its revolutionary possibilities be stifled by endless cycles of excuse and redefinition? The case is important ...


A Call To Leadership: The Future Of Race Relations In Virginia, Rodney A. Smolla Jan 2004

A Call To Leadership: The Future Of Race Relations In Virginia, Rodney A. Smolla

Scholarly Articles

Not available.


Private Parties As Defendants In Civil Rights Litigation, Myriam Gilles Jan 2004

Private Parties As Defendants In Civil Rights Litigation, Myriam Gilles

Articles

No abstract provided.


From Empire To Globalization: The New Zealand Experience, Janet Mclean Jan 2004

From Empire To Globalization: The New Zealand Experience, Janet Mclean

Indiana Journal of Global Legal Studies

Globalization, Courts, and Judicial Power Symposium


The Right To Health, Sarah Friedmann Jan 2004

The Right To Health, Sarah Friedmann

Human Rights & Human Welfare

In the human rights discourse and practice the right to health has been and continues to be a contentious arena. Primarily located within legal frameworks that focus on civil and political rights, the right to health is more frequently being used to challenge abuses of health by invoking social and economic rights, even though this places the right to health on slippery terrain that is not as internationally accepted as civil and political rights.


Comparing Remedies For School Desegregation And Employment Discrimination, Candace Kovacic-Fleischer Jan 2004

Comparing Remedies For School Desegregation And Employment Discrimination, Candace Kovacic-Fleischer

Articles in Law Reviews & Other Academic Journals

INTRODUCTION: Ten years after the Supreme Court decided Brown v. Board of Education, now a symbol of the beginning of the end of racial discrimination, Congress passed Title VII of the Civil Rights Act of 1964. Title VII opened the workplace to all races and women in ways that had not previously existed. While discrimination in the workplace has not disappeared in the forty years since Title VII's enactment, one sees minorities and women in a greater variety of jobs, and at higher levels, than one would have seen a generation ago. The promise of Brown, however, has not ...


Anomalies, Warts And All: Four Score Of Liberty, Privacy And Equality, Francisco Valdes Jan 2004

Anomalies, Warts And All: Four Score Of Liberty, Privacy And Equality, Francisco Valdes

Articles

Lawrence was decided exactly eighty years after the first liberty-privacy case, and in the midst of a fierce kulturkampf striving to roll back civil rights generally. In this Article, Professor Valdes situates Lawrence in the context formed both by these four score of liberty-privacy jurisprudence that precede it as well as by the politics of backlash that envelop it today. After canvassing the landmark rulings from Meyer in 1923 to Lawrence in 2003, in the process acknowledging both their emancipatory strengths and their traditionalist instrumentalism, Professor Valdes concludes that Lawrence is a long overdue recognition of the prior precedents and ...


Will Employment Discrimination Class Actions Survive?, Melissa Hart Jan 2004

Will Employment Discrimination Class Actions Survive?, Melissa Hart

Articles

Recent years have witnessed increasing attacks on the appropriateness of certification of employment discrimination class action claims. The shift is often attributed to amendments to federal antidiscrimination laws in the Civil Rights Act of 1991. This paper argues, however, that the changes wrought by the 1991 amendments need not pose a barrier to resolution of employment discrimination claims through class litigation. The addition of compensatory and punitive damages and a jury-trial right may increase the level of scrutiny and perhaps the level of judicial involvement necessary in an employment discrimination class action. But they do not render such a class ...


Women Choosing Diverse Workplaces: A Rational Preference With Disturbing Implications For Both Occupational Segregation And Economic Analysis Of Law, Scott A. Moss Jan 2004

Women Choosing Diverse Workplaces: A Rational Preference With Disturbing Implications For Both Occupational Segregation And Economic Analysis Of Law, Scott A. Moss

Articles

Despite women's dramatic labor market gains, there remains a striking degree of occupational segregation by gender. Analysts typically blame discrimination or women's work/family priorities. This Article offers a different explanation.

It is hard for women choosing jobs or occupations to know where they will face discrimination, particularly since recent judicial decisions eliminated certain employer signals that once differentiated fair and discriminatory firms. One way women can effectuate a preference for nondiscriminatory workplaces is by choosing gender-diverse workplaces. Nondiverse workplaces often are not female-friendly, and discrimination may be the reason they are nondiverse. In economic terms, women rationally ...


Processing Civil Rights Summary Judgment And Consumer Discrimination Claims, Deseriee A. Kennedy Jan 2004

Processing Civil Rights Summary Judgment And Consumer Discrimination Claims, Deseriee A. Kennedy

Scholarly Works

No abstract provided.


Understanding The Mark: Race, Stigma, And Equality In Context, Robin A. Lenhardt Jan 2004

Understanding The Mark: Race, Stigma, And Equality In Context, Robin A. Lenhardt

Faculty Scholarship

In its Fourteenth Amendment jurisprudence, the Supreme Court regards intentional discrimination as the principal source of racial injury in the United States. In this Article, R.A. Lenhardt argues that racial stigma, not intentional discrimination, constitutes the main source of racial harm and that courts must take the social science insight that most racialized conduct or thought is unconscious, rather than intentional, into account in their constitutional analyses of acts or policies challenged on the grounds of race. Drawing on the social science work of Erving Goffman and the ground-breaking work of Charles H. Lawrence, Professor Lenhardt argues that courts ...