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Articles 1 - 12 of 12
Full-Text Articles in Law
Everyone’S A Little Bit Racist? Reconciling Implicit Bias And Title Vii, Christopher Cerullo
Everyone’S A Little Bit Racist? Reconciling Implicit Bias And Title Vii, Christopher Cerullo
Fordham Law Review
Since its enactment as part of the Civil Rights Act of 1964, Title VII’s main purpose has been to end all forms of employment discrimination. Through a flexible judicial interpretation of Title VII that reached newly discovered forms of discrimination, and through occasional intervention by Congress to update the statute, Title VII has been largely successful in reducing and remedying instances of overt discrimination in the workplace. However, more recently, social scientists have analyzed and applied the results of Harvard’s Implicit Association Test to recognize a new form of discrimination characterized by a subconscious decisionmaking process based on intuition and …
Colorblind Constitutionalism, Randall Kennedy
Colorblind Constitutionalism, Randall Kennedy
Fordham Law Review
No abstract provided.
White Cartels, The Civil Rights Act Of 1866, And The History Of Jones V. Alfred H. Mayer Co., Darrell A. H. Miller
White Cartels, The Civil Rights Act Of 1866, And The History Of Jones V. Alfred H. Mayer Co., Darrell A. H. Miller
Fordham Law Review
In 2008, Jones v. Alfred H. Mayer Co. turned forty. In Jones, the U.S. Supreme Court held for the first time that Congress can use its enforcement power under the Thirteenth Amendment, which abolished slavery, to prohibit private racial discrimination in the sale of property. Jones temporarily awoke the Thirteenth Amendment and its enforcement legislation—the Civil Rights Act of 1866—from a century-long slumber. Moreover, it recognized an economic reality: racial discrimination by private actors can be as debilitating as racial discrimination by public actors. In doing so, Jones veered away from three decades of civil rights doctrine—a doctrine that had …
Recognizing The Interdependence Of Rights In The Antidiscrimination Context Through The World Conference Against Racism , Catherine Powell, Jennifer H. Lee
Recognizing The Interdependence Of Rights In The Antidiscrimination Context Through The World Conference Against Racism , Catherine Powell, Jennifer H. Lee
Faculty Scholarship
This background paper assesses the importance of integrating gender into efforts to address racial discrimination and related intolerance in the WCAR process. While this background paper primarily focuses on racial discrimination, the analysis may be applied to xenophobia and related intolerance where these experiences are "raced" experiences. Addressing these forms of intolerance in a comprehensive manner requires unmasking the ways in which race intersects with gender and other status. A gender analysis is needed to make racism more fully visible, because "racial discrimination does not always affect men and women equally or in the same way." Women often experience compounded …
The Constitution And Capital Sentencing: Pursuing Justice And Equality, Scott W. Howe
The Constitution And Capital Sentencing: Pursuing Justice And Equality, Scott W. Howe
Fordham Law Review
Equal Justice and The Death Penalty: A Legal and Empirical Analysis. By David C. Baldus, George Woodworth and Charles Pulaski, Jr. Boston: Northeastern University Press. 1990. Pp. Vii, 689. $65.00
Getting At The Truth: Adversarial Hearings In Batson Inquiries, L. Ashley Lyu
Getting At The Truth: Adversarial Hearings In Batson Inquiries, L. Ashley Lyu
Fordham Law Review
No abstract provided.
The Mechanics Of Institutional Reform Litigation , A. David Reynolds
The Mechanics Of Institutional Reform Litigation , A. David Reynolds
Fordham Urban Law Journal
An examination of large scale public interest lawsuits in the 1970s aimed at institutional reform which resulted in the federal courts becoming involved in the administration of governmental agencies. These actions were considered by some to be a new breed of litigation. This article provides some insight into the process that these suits are litigated. Further, the article examines the relief provided in these lawsuits as well as the enforcement issues involved providing that relief was granted.
Tax Exempt Religious Schools Under Attack: Conflicting Goals Of Religious Freedom And Racial Integration , Thomas Stephen Neuberger, Thomas C. Crumplar
Tax Exempt Religious Schools Under Attack: Conflicting Goals Of Religious Freedom And Racial Integration , Thomas Stephen Neuberger, Thomas C. Crumplar
Fordham Law Review
No abstract provided.
Tax Exempt Religious Schools Under Attack: Conflicting Goals Of Religious Freedom And Racial Integration , Thomas Stephen Neuberger, Thomas C. Crumplar
Tax Exempt Religious Schools Under Attack: Conflicting Goals Of Religious Freedom And Racial Integration , Thomas Stephen Neuberger, Thomas C. Crumplar
Fordham Law Review
No abstract provided.
Civil Rights - Housing Discrimination - Federal Courts May Order Metropolitan Area Remedy To Correct Wrongs Committed Solely Against City Residents Where Agencies Have Statutory Authority To Conduct Activities Outside The City Limits, Andres J. Valdespino
Fordham Urban Law Journal
This case note examines the United States Supreme Court's decision in Hills v. Gautreaux, 96 S. Cy. 1538 (1976), specifically the approval of a metropolitan area remedy as a valid form of federal relief. The case resulted from a class action suit against the Chicago Housing Authority (CHA) and the Department of Housing and Urban Development (HUD), alleging racially discriminatory public housing policies and practices. Although violations of the Fourteenth Amendment occurred within the Chicago city limits, the Supreme Court held that a metropolitan remedy which included the surrounding areas outside of the city boundaries was valid and that Milliken …
Race Defamation And The First Amendment
The Negro Revolution And The Law Of Collective Bargaining, William B. Gould
The Negro Revolution And The Law Of Collective Bargaining, William B. Gould
Fordham Law Review
No abstract provided.