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Full-Text Articles in Civil Rights and Discrimination

Against "Academic Deference": How Recent Developments In Employment Discrimination Law Undercut An Already Dubious Doctrine, Scott A. Moss Jan 2006

Against "Academic Deference": How Recent Developments In Employment Discrimination Law Undercut An Already Dubious Doctrine, Scott A. Moss

Publications

When the defendant in an employment case is a college or other institution of higher education, the plaintiff usually will face an "academic deference" argument. Citing the importance of their "academic freedom," defendants and sympathetic courts have asserted that federal courts should decline to "invade" higher education with "federal court supervision." Whether or not courts cite the "academic deference" doctrine expressly, they certainly have proven hostile to professors' claims of discrimination, dismissing as a matter of law claims that seemed quite strong, or at least solid enough to allow a factfinder to rule either way. Indeed, empirical evidence shows that …

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Constitutional Lessons For The Next Generation Of Public Single-Sex Elementary And Secondary Schools, Kimberly J. Robinson Jan 2006

Constitutional Lessons For The Next Generation Of Public Single-Sex Elementary And Secondary Schools, Kimberly J. Robinson

Law Faculty Publications

Single-sex public elementary and secondary schools are making a comeback. School districts are structuring these schools in a variety of ways, including by providing a single-sex public school for only one sex or by offering single-sex schools for both sexes. These disparate structures of single-sex schools create distinct potential harms, risks, and benefits for students. This Article contends that the constitutional framework applied to single-sex schools should be systematically modified to recognize the different potential harms, risks, and benefits of these single-sex schools in a manner that will create optimal conditions for creating single-sex public schools. The proposed modifications address …

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Church Autonomy Is Not A Better Path To "Truth", Marci A. Hamilton Jan 2006

Church Autonomy Is Not A Better Path To "Truth", Marci A. Hamilton

Articles

No abstract provided.

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Grutter At Work: A Title Vii Critique Of Constitutional Affirmative Action, Jessica Bulman-Pozen Jan 2006

Grutter At Work: A Title Vii Critique Of Constitutional Affirmative Action, Jessica Bulman-Pozen

Faculty Scholarship

This Note argues that Title VII doctrine both illuminates internal contradictions of Grutter v. Bollinger and provides a framework for reading the opinion. Grutter's diversity rationale is a broad endorsement of integration that hinges on the quantitative concept of critical mass, but the opinion's narrow-tailoring discussion instead points to a model of racial difference that champions subjective decisionmaking and threatens to jettison numerical accountability. Title VII doctrine supports a reading of Grutter that privileges a view of diversity as integration and therefore cautions against the opinion's conception of narrow tailoring. Grutter, in turn, can productively inform employment discrimination law. The …

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Post-Admissions Educational Programming In A Post-Grutter World: A Response To Professor Brown, Evan H. Caminker Jan 2006

Post-Admissions Educational Programming In A Post-Grutter World: A Response To Professor Brown, Evan H. Caminker

Articles

When asked to provide commentary on another scholar's reflections on Grutterl and Gratz and affirmative action, I am usually struck by two fears. First, because so much ink has been spilled on this topic, I worry the main presenter will have nothing new and interesting to say. Today this worry has been put to rest; I am so pleased that Professor Dorothy Brown offers a number of novel and intriguing observations and, in the end, advances a novel and intriguing proposal about the role Critical Race Theory ought to play in our nation's law school classrooms. Second, for the same …

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Jackson V. Birmingham Board Of Education: Title Ix's Implied Private Right Of Action For Retaliation, Elizabeth Mccuskey Jan 2006

Jackson V. Birmingham Board Of Education: Title Ix's Implied Private Right Of Action For Retaliation, Elizabeth Mccuskey

Faculty Scholarship

The Supreme Court has penned countless words about the sound of statutory silence.' On March 29, 2005, the Court once again grappled with the meaning of silence in a statute, splitting along familiar 5-4 lines in Jackson v. Birmingham Board of Education.2 When the dust cleared, a male coach of a high school girls' basketball team, who was fired in retaliation for protecting his players' Title IX3 rights, possessed a private right of action arising from the statute itself.4 Although the Court has retreated from its high-water mark of implying private rights of action,5 in …

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Stepping Through Grutter'S Open Doors: What The University Of Michigan Affirmative Action Cases Mean For Race-Conscious Government Decisionmaking, Helen L. Norton Oct 2005

Stepping Through Grutter'S Open Doors: What The University Of Michigan Affirmative Action Cases Mean For Race-Conscious Government Decisionmaking, Helen L. Norton

Faculty Scholarship

In Grutter, a majority of the Court for the first time identified an instrumental justification for race-based government decisionmaking as compelling -- specifically, a public law school’s interest in attaining a diverse student body. Grutter not only recognized the value of diversity in higher education, but left open the possibility that the Court might find similar justifications compelling as well. The switch to instrumental justifications for affirmative action appears a strategic response to the Court’s narrowing of the availability of remedial rationales. A number of thoughtful commentators, however, have reacted to this trend with concern and even dismay, questioning whether …

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Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor Sep 2005

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.

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Instructions In Inequality: Development, Human Rights, Capabilities, And Gender Violence In Schools, Erika George Jul 2005

Instructions In Inequality: Development, Human Rights, Capabilities, And Gender Violence In Schools, Erika George

Faculty Scholarship

This Article argues that the international community's gender equality targets will not be realized by 2015 because the problems associated with sexual violence against girls in schools are situated at an intersection of contested conceptual divides between human rights (civil and political liberties) and development aims (social and economic needs). Cracks in the conceptual foundations of both the liberal and utilitarian theories of justice and equality, which support traditional human rights advocacy and economic development plans, respectively render each approach inadequate to fully identify and address the grave danger sexual violence and harassment in schools pose to educational equality. In …

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The Wrongful Rejection Of Big Theory (Marxism) By Feminism And Queer Theory: A Brief Debate, Dana Neacsu May 2005

The Wrongful Rejection Of Big Theory (Marxism) By Feminism And Queer Theory: A Brief Debate, Dana Neacsu

ExpressO

Post modern thought has fought meta-narrative into derision. "[I]f you lick my nipple," as Michael Warner remarked, "the world suddenly seems insignificant," and of course, identity becomes more than a cultural trait. It becomes "the performance of desire." It becomes a place of "ideological contestation over need," or, in other words, an ideology that demands "legitimacy for its desire." However, meta-narratives talk about desire too. For example, Marx talked about the desire caused by the never-ending production of commodities. Thus, if, at first sight, it may seem that identity politics and Marxism have very little in common, that may not …

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For Whom Does The Bell Toll: The Bell Tolls For Brown?, Angela Onwuachi-Willig May 2005

For Whom Does The Bell Toll: The Bell Tolls For Brown?, Angela Onwuachi-Willig

Michigan Law Review

Fifty years after the landmark decision Brown v. Board of Education, black comedian and philanthropist Dr. Bill Cosby astonished guests at a gala in Washington, D.C., when he stated, "'Brown versus the Board of Education is no longer the white person's problem. (Black people] have got to take the neighborhood back . . . . (Lower economic Blacks] are standing on the comer and they can't speak English.'" Cosby, one of the wealthiest men in the United States, complained about "lower economic" Blacks "not holding up their end in this deal." He then asked the question, "'Well, Brown …

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To Whom It May Concern: Re: Brown Iii, Angela Mae Kupenda Apr 2005

To Whom It May Concern: Re: Brown Iii, Angela Mae Kupenda

North Carolina Central Law Review

No abstract provided.

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Brown V. Board Of Education In West Virginia, Nelson R. Bickley Apr 2005

Brown V. Board Of Education In West Virginia, Nelson R. Bickley

West Virginia Law Review

No abstract provided.

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Symposium: "A Look At Brown V. Board Of Education In West Virginia: Remembering The Past, Examining The Present, And Preparing For The Future" Apr 2005

Symposium: "A Look At Brown V. Board Of Education In West Virginia: Remembering The Past, Examining The Present, And Preparing For The Future"

West Virginia Law Review

No abstract provided.

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All Deliberate Speed: Brown's Past And Brown's Future, Charles J. Ogletree Jr. Apr 2005

All Deliberate Speed: Brown's Past And Brown's Future, Charles J. Ogletree Jr.

West Virginia Law Review

No abstract provided.

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The Disability Integration Presumption: Thirty Years Later, Ruth Colker Mar 2005

The Disability Integration Presumption: Thirty Years Later, Ruth Colker

The Ohio State University Moritz College of Law Working Paper Series

The fiftieth anniversary of the Brown v. Board of Education decision has spurred a lively debate about the merits of “integration.” This article brings that debate to a new context – the integration presumption under the Individuals with Disabilities Education Act (“IDEA”). The IDEA has contained an “integration presumption” for more than thirty years under which school districts should presumptively educate disabled children with children who are not disabled in a fully inclusive educational environment. This article traces the history of this presumption and argues that it was borrowed from the racial civil rights movement without any empirical justification. In …

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Confusing Means With Ends: How The Ninth Circuit Continues The Tradition Of Mistaking Diversity As An End In Parents Involved In Community Schools V. Seattle School District, No. 1, Maria Funk Miles Mar 2005

Confusing Means With Ends: How The Ninth Circuit Continues The Tradition Of Mistaking Diversity As An End In Parents Involved In Community Schools V. Seattle School District, No. 1, Maria Funk Miles

Brigham Young University Education and Law Journal

No abstract provided.

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Should Public Education Be A Federal Fundamental Right?, Brooke Wilkins Mar 2005

Should Public Education Be A Federal Fundamental Right?, Brooke Wilkins

Brigham Young University Education and Law Journal

No abstract provided.

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Brown V. Board Of Education: Right Result, Wrong Reasoning, Ellis Washington Mar 2005

Brown V. Board Of Education: Right Result, Wrong Reasoning, Ellis Washington

Mercer Law Review

The genesis of this Article was originally conceived as a letter to a journalist in response to an article I had read in the Detroit News titled, "Judge Damon Keith, governor hosts fund raiser on Saturday." I also heard about this event while listening to National Public Radio that same day, and I planned on attending because Judge Keith is a great man and a great civil rights champion. I have always wanted to meet this Titan in person, however, after further reflection, I decided not to attend this event on principle. The occasion was in part a fundraiser for …

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In The Wake Of Gratz V. Bollinger: Standing On Thin Ice, 38 J. Marshall L. Rev. 1037 (2005), Zubaida Qazi Jan 2005

In The Wake Of Gratz V. Bollinger: Standing On Thin Ice, 38 J. Marshall L. Rev. 1037 (2005), Zubaida Qazi

UIC Law Review

No abstract provided.

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Lawrence Summers At The Nber Conference: The Real Deal, Taunya Lovell Banks Jan 2005

Lawrence Summers At The Nber Conference: The Real Deal, Taunya Lovell Banks

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Lawrence's Quintessential Millian Moment And Its Impact On The Doctrine Of Unconstitutional Conditions, Paul M. Secunda Jan 2005

Lawrence's Quintessential Millian Moment And Its Impact On The Doctrine Of Unconstitutional Conditions, Paul M. Secunda

Villanova Law Review (1956 - )

No abstract provided.

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Back To Bakke: Defining The Strict Scrutiny Test For Affirmative Action Policies Aimed At Achieving Diversity In The Classroom, Leslie Yalof Garfield Jan 2005

Back To Bakke: Defining The Strict Scrutiny Test For Affirmative Action Policies Aimed At Achieving Diversity In The Classroom, Leslie Yalof Garfield

Elisabeth Haub School of Law Faculty Publications

This Article will identify the new strict scrutiny test, and will consider the reason for creating a separate definition of strict scrutiny for evaluating affirmative action policies that achieve diversity in the classroom. Part II of the Article will review constitutional challenges to affirmative action policies prior to Grutter and Gratz, and will discuss the split in the circuits that resulted from the Court's failure to endorse Justice Powell's definition of a compelling governmental interest in Bakke. Part III will provide an analysis of the Grutter and Gratz decisions, with a particular focus on each Court's discussion of the strict …

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The Little Rock School Desegregation Cases In Richard Arnold's Court, Polly J. Price Jan 2005

The Little Rock School Desegregation Cases In Richard Arnold's Court, Polly J. Price

Faculty Articles

This article proceeds as follows. Because it is first necessary to recount some of the history of the Little Rock school cases, Part I discusses the origins and early steps in the long-running litigation. Part II considers the period from 1982 until 2004 when Richard Arnold was a member of the appellate panel assigned to the school cases. This part identifies three critical points of the Eighth Circuit's intervention under Judge Arnold's leadership. In Part III, I suggest how Arnold's motivations for his decisions in the Little Rock school cases related to both his particular view of the limitations of …

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The Lengthening Shadow Of Androcentrism, Bryan K. Fair Jan 2005

The Lengthening Shadow Of Androcentrism, Bryan K. Fair

Cardozo Journal of Equal Rights & Social Justice

The article critiques Harvard President Lawrence H. Summers' hypotheses on the underrepresentation of women in high-end science and engineering jobs, arguing that his views are based on stereotypes and overlook historical and systemic factors. The author contests Summers' points, emphasizing that gender disparities stem from deeply entrenched male privilege and legal structures rather than women's choices or aptitude. The analysis highlights the role of historical discrimination and legal cases in perpetuating gender caste.

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The Unintended Lessons In Brown V. Board Of Education, Derrick A. Bell Jr. Jan 2005

The Unintended Lessons In Brown V. Board Of Education, Derrick A. Bell Jr.

NYLS Law Review

No abstract provided.

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Is Brown Dying? Exploring The Resegregation Trend In Our Public Schools, Danielle R. Holley Jan 2005

Is Brown Dying? Exploring The Resegregation Trend In Our Public Schools, Danielle R. Holley

NYLS Law Review

No abstract provided.

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Perspectives On Brown: The South African Experience, Penelope E. Andrews Jan 2005

Perspectives On Brown: The South African Experience, Penelope E. Andrews

NYLS Law Review

No abstract provided.

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Summers' Personal As Political: Reasoning Without Effort From Stereotypes, Ellen M. Bublick Jan 2005

Summers' Personal As Political: Reasoning Without Effort From Stereotypes, Ellen M. Bublick

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Summers Of Our Discontent, Phyllis Goldfarb Jan 2005

Summers Of Our Discontent, Phyllis Goldfarb

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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