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Articles 1 - 30 of 76
Full-Text Articles in Law
Where To Begin Researching Civil Rights Law, Rebecca Mattson
Where To Begin Researching Civil Rights Law, Rebecca Mattson
Law Library Faculty Works
In this article, the author discusses selected sources for researching civil rights law.
Involuntary Servitude, Public Accommodations Laws, And The Legacy Of Heart Of Atlanta Hotel, Inc. V. United States, Linda C. Mcclain
Involuntary Servitude, Public Accommodations Laws, And The Legacy Of Heart Of Atlanta Hotel, Inc. V. United States, Linda C. Mcclain
Faculty Scholarship
In Heart of Atlanta Motel v. United States (1964), the U.S. Supreme Court unanimously affirmed Congress’s power under the Commerce Clause to pass Title II, the public accommodations component of the Civil Rights Act of 1964 (CRA). The Johnson Administration expressed hope that this unanimous decision would aid the “reasonable and responsible acceptance” of the CRA. A less familiar legacy of this case is the role played by the Thirteenth Amendment and its declaration that “neither slavery and involuntary servitude . . . shall exist within the United States.” The owner of the Heart of Atlanta Motel unsuccessfully invoked this …
The R-Word: A Tribute To Derrick Bell, Kenneth B. Nunn
The R-Word: A Tribute To Derrick Bell, Kenneth B. Nunn
UF Law Faculty Publications
Racism has become the “R-word,” an allegation that is so outrageous that it cannot even be spoken in public, let alone seriously addressed. In this brief exploration, I propose that it is exactly because racism continues to loom large in American society that talking about it has become taboo. In other words, banning the “R-word” serves a political function. It masks the failure of American society to confront the existence of racism and do something about its effects. Derrick Bell's path breaking work can be used to show why the focus of race discourse has moved from debating over what …
Consensual Amorous Relationships Between Faculty And Students: The Constitutional Right To Privacy, Elisabeth A. Keller
Consensual Amorous Relationships Between Faculty And Students: The Constitutional Right To Privacy, Elisabeth A. Keller
Elisabeth Keller
Surveys of college students in the United States revealed that a significant number of students thought they had been victims of some form of sexual harassment. Growing awareness of the magnitude, dimensions, and effects of sexual harassment at educational institutions and the potential for institutional liability have prompted educators to adopt policies to avert such problems. The policies typically prohibit sexual harassment of employees and students and alert the university community to the serious effects of sexual harassment and the potential for student exploitation. Some universities have gone beyond establishing regulations directed at widely litigated problems of sexual harassment and …
Consensual Amorous Relationships Between Faculty And Students: The Constitutional Right To Privacy, Elisabeth A. Keller
Consensual Amorous Relationships Between Faculty And Students: The Constitutional Right To Privacy, Elisabeth A. Keller
Elisabeth Keller
Surveys of college students in the United States revealed that a significant number of students thought they had been victims of some form of sexual harassment. Growing awareness of the magnitude, dimensions, and effects of sexual harassment at educational institutions and the potential for institutional liability have prompted educators to adopt policies to avert such problems. The policies typically prohibit sexual harassment of employees and students and alert the university community to the serious effects of sexual harassment and the potential for student exploitation. Some universities have gone beyond establishing regulations directed at widely litigated problems of sexual harassment and …
Criminalizing The Undocumented: Ironic Boundaries Of The Post-September 11th ‘Pale Of Law.’, Daniel Kanstroom
Criminalizing The Undocumented: Ironic Boundaries Of The Post-September 11th ‘Pale Of Law.’, Daniel Kanstroom
Daniel Kanstroom
The general hypothesis put forth in this Article is that well-accepted historical matrices are increasingly inadequate to address the complex issues raised by various U.S. government practices in the so-called “war on terrorism.” The Article describes certain stresses that have recently built upon two major legal dichotomies: the citizen/non-citizen and criminal/civil lines. Professor Kanstroom reviews the use of the citizen/non-citizen dichotomies as part of the post-September 11th enforcement regime and considers the increasing convergence between the immigration and criminal justice systems. Professor Kanstroom concludes by suggesting the potential emergence of a disturbing new legal system, which contains the worst features …
Disparate Impact Is Not Unconstitutional, Michael Evan Gold
Disparate Impact Is Not Unconstitutional, Michael Evan Gold
Michael Evan Gold
[Excerpt] In Ricci v. DeStefano, the "New Haven Firefighters" case, whitefirefighters and one Hispanic firefighter sued the city of New Haven, Connecticut and city officials under Title VII. The plaintiffs claimed the city had committed intentional discrimination or disparate treatment against them when the city disregarded the results of promotion examinations that had an adverse effect on black and Hispanic applicants. The Supreme Court sustained the claim. In his concurring opinion, Justice Scalia invited attorneys in subsequent cases to consider arguing that the disparate impact theory of employment discrimination is unconstitutional. He reasoned as follows: • The Constitution prohibits the …
Teaching Comparative Perspectives In The Domestic Constitutional Law Class: A Step-By-Step Primer, Mark S. Kende
Teaching Comparative Perspectives In The Domestic Constitutional Law Class: A Step-By-Step Primer, Mark S. Kende
Journal of Legal Education
No abstract provided.
Church Autonomy Versus Civil Rights, Alan E. Garfield
Church Autonomy Versus Civil Rights, Alan E. Garfield
Alan E Garfield
No abstract provided.
Equal Citizenship And The Individual Right To Vote, Jospeh Fishkin
Equal Citizenship And The Individual Right To Vote, Jospeh Fishkin
Indiana Law Journal
An emerging consensus among election law scholars urges courts to break out of “the stagnant discourse of individual rights and competing state interests” and instead adopt a jurisprudence of “structural” democratic values that sidelines individual rights. This structuralist approach won out in the great “rightsstructure” debate in election law, and came to dominate the field, during a period in which the main controversies—vote dilution, gerrymandering, ballot access, campaign finance—were all ones in which the structuralist move was illuminating. However, structuralism is now causing both scholars and courts to evaluate the new wave of vote denial controversies, over such issues as …
Book Review Of Current Issues In Constitutional Litigation: A Context And Practice Casebook (Carolina Academic Press 2011), Christy Whitfield
Book Review Of Current Issues In Constitutional Litigation: A Context And Practice Casebook (Carolina Academic Press 2011), Christy Whitfield
Sarah E. Ricks
This is a book review of Current Issues in Constitutional Litigation: A Context & Practice Casebook (Carolina Academic Press 2011). My perspective is unique because I have worked with and watched this casebook evolve – I was assigned an early draft of the casebook as a law school student taking a constitutional litigation course, I worked as a research assistant on a later version of the casebook, and now, several years later, I have viewed the final result of the casebook as a practicing attorney. As a former law clerk and now as an attorney advisor in the beginning years …
Relearning Lessons Of History: Miranda And Counterterrorism, Amos N. Guiora
Relearning Lessons Of History: Miranda And Counterterrorism, Amos N. Guiora
Louisiana Law Review
No abstract provided.
Implementing Recommendations From The Universal Periodic Review: A Toolkit For State And Local Human Rights And Human Relations Commissions, Human Rights Institute
Implementing Recommendations From The Universal Periodic Review: A Toolkit For State And Local Human Rights And Human Relations Commissions, Human Rights Institute
Human Rights Institute
The United States’ international leadership in promoting human rights around the world is strengthened by state and local officials’ efforts to employ and advance human rights close to home. Indeed, state and local human rights and human relations commissions can play a pivotal role in help- ing the U.S. meet its own human rights obligations by ensuring fairness, dignity and opportunity for all in their communities.
This Toolkit provides information about a recent review of the United States’ human rights record under the United Nations’ Universal Periodic Review (“UPR”), which revealed a number of areas in which the United States …
Book Review Of The Trials Of Academe: The New Era Of Campus Litigation, By Amy Gajda, Joseph D. Mandel
Book Review Of The Trials Of Academe: The New Era Of Campus Litigation, By Amy Gajda, Joseph D. Mandel
Journal of Legal Education
No abstract provided.
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
Eileen Kaufman
No abstract provided.
Snyder V. Phelps: The Destruction Of The Equilibrium Between The Right To Free Speech And The Right To Protection From It, Stewart Berkeley
Snyder V. Phelps: The Destruction Of The Equilibrium Between The Right To Free Speech And The Right To Protection From It, Stewart Berkeley
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Snyder V. Phelps: Finding The Light At The End Of The Tort, Brendan Mackesey
Snyder V. Phelps: Finding The Light At The End Of The Tort, Brendan Mackesey
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Snyder V. Phelps: The Demise Of Constitutional Avoidance, Emily Horowitz
Snyder V. Phelps: The Demise Of Constitutional Avoidance, Emily Horowitz
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
The Preiser Puzzle: Continued Frustrating Conflict Between The Civil Rights And Habeas Corpus Remedies For State Prisoners, Martin A. Schwartz
The Preiser Puzzle: Continued Frustrating Conflict Between The Civil Rights And Habeas Corpus Remedies For State Prisoners, Martin A. Schwartz
Martin A. Schwartz
No abstract provided.
Section 1983, Martin A. Schwartz, George Pratt, Leon Friedman
Section 1983, Martin A. Schwartz, George Pratt, Leon Friedman
Martin A. Schwartz
No abstract provided.
Punitive Damages--Developments In Section 1983 Cases, Eileen Kaufman, Martin A. Schwartz
Punitive Damages--Developments In Section 1983 Cases, Eileen Kaufman, Martin A. Schwartz
Martin A. Schwartz
No abstract provided.
Jerome Alan Cohen, Alison W. Conner
The Imposition Of The Death Penalty In The United States Of America: Does It Comply With International Norms?, Beverly Mcqueary Smith
The Imposition Of The Death Penalty In The United States Of America: Does It Comply With International Norms?, Beverly Mcqueary Smith
Beverly McQueary Smith
No abstract provided.
Juvenile Justice Is Not Just Kid Stuff: The Forgotten Side Of Fairness And Due Process, Philip Houle
Juvenile Justice Is Not Just Kid Stuff: The Forgotten Side Of Fairness And Due Process, Philip Houle
Philip Houle
Juvenile justice is not just kid stuff. Rather, it is the forgotten and ignored side of fairness and due process which as often as not scars juveniles and deprives them of what they see as basic fairness, placing many of them on a road to anti-social and marginalized adulthood. Technical niceties on which much, perhaps too much, of adult criminal justices turns, are even less suited in juvenile proceedings. Firm, clear, and unequivocal tests for waiver of important rights by juveniles of important procedural and substantive rights are necessary if a juvenile's day in court is to have any real …
Processing Civil Rights Summary Judgment And Consumer Discrimination Claims, Deseriee A. Kennedy
Processing Civil Rights Summary Judgment And Consumer Discrimination Claims, Deseriee A. Kennedy
Deseriee A. Kennedy
No abstract provided.
From Undermining Child Protection Statutes To Creating Exceptions To Prohibitions Against Racial Discrimination In Public Accommodations: The Unsettling Consequences Of Mischaracterizing The Police Reporting Privilege, Peter Zablotsky
Peter Zablotsky
No abstract provided.
After The Fall: The Employer's Duty To Accommodate Employee Religious Practices Under Title Vii After Ansonia Board Of Education V. Philbrook, Peter Zablotsky
After The Fall: The Employer's Duty To Accommodate Employee Religious Practices Under Title Vii After Ansonia Board Of Education V. Philbrook, Peter Zablotsky
Peter Zablotsky
No abstract provided.
Bad Science Makes Bad Law: How The Deference Afforded To Psychiatry Undermines Civil Liberties, Samantha Godwin
Bad Science Makes Bad Law: How The Deference Afforded To Psychiatry Undermines Civil Liberties, Samantha Godwin
Samantha Godwin
Courts and lawmakers trust psychiatric expertise when making judicial and public policy decisions concerning mental health, but is this trust well placed? This paper adopts a philosophy of science approach informed by medical research to evaluating the validity of psychiatric classification. This provides the basis for an interdisciplinary critical analysis of civil commitment law and use of psychiatric expert witnesses in light of legal evidence standards. This analysis demonstrates that involuntary civil commitment as it now stands is incompatible with broader due process and civil rights concerns and affords an unjustifiable evidentiary status to psychiatric diagnosis.
S11rs Sgr No. 23 (Tureaud), Hebert, Harding
S11rs Sgr No. 23 (Tureaud), Hebert, Harding
Student Senate Enrolled Legislation
No abstract provided.
The Changing Face Of Liberalism In Workplace Democracy: The Shift From Collective To Individual Rights, Emily Eschenbach Barker
The Changing Face Of Liberalism In Workplace Democracy: The Shift From Collective To Individual Rights, Emily Eschenbach Barker
Emily Eschenbach Barker
The 1960s and 1970s saw a drastic change in the liberal conception of workplace equality. Post-war liberals defined equality in terms of collective rights, with labor law and unions epitomizing this conception. The civil rights generation, on the other hand, thought equality to be based in the rights of the individual. As new laws upholding individual civil rights proliferated, employers found themselves increasingly bound by incompatible legal duties under the two parallel systems governing labor rights.
Through their union agreements, employers were bound to treat all employees identically; administering vacations, bonuses, and promotions according to seniority as outlined in the …