Civil Rights and Discrimination Commons^™

Voting Is Association, Daniel P. Tokaji

Florida State University Law Review

No abstract provided.

Following In The European Union’S Footsteps: Why The United States Should Adopt Its Own “Right To Be Forgotten” Law For Crime Victims, 32 J. Marshall J. Info. Tech. & Privacy L. 185 (2016), Erin Cooper

UIC John Marshall Journal of Information Technology & Privacy Law

This comment aims to look at this intersection between Google search results, their lack of removal options in the United States, and the potential harm this can cause crime victims. The comment will begin by assessing Google’s method for delivering search results, and its general removal process for most non-European nations. Then, this comment will continue by looking at the European Union and its “right to be forgotten” ruling that allows people in certain circumstances to remove their personal information from the Internet, and what the United States can learn from its implementation. Moreover, we will then contrast the European …

Lgbt Rights And The Mini-Rfra: A Return To Separate But Equal, Terri R. Day, Danielle Weatherby

Faculty Scholarship

No abstract provided.

Town Of Greece And City Of Saguenay: Non-Establishment Principles With Or Without An Establishment Clause, 14 First Amend. L. Rev. 343 (2016), Donald L. Beschle

UIC Law Open Access Faculty Scholarship

No abstract provided.

Can Dna Be Speech?, Jorge R. Roig

Scholarly Works

DNA is generally regarded as the basic building block of life itself. In the most fundamental sense, DNA is nothing more than a chemical compound, albeit a very complex and peculiar one. DNA is an information-carrying molecule. The specific sequence of base pairs contained in a DNA molecule carries with it genetic information, and encodes for the creation of particular proteins. When taken as a whole, the DNA contained in a single human cell is a complete blueprint and instruction manual for the creation of that human being. In this article we discuss myriad current and developing ways in which …

Expanding The Schoolhouse Gate: Public Schools (K-12) And The Regulation Of Cyberbullying, Philip Lee

Faculty Publications

(Excerpt)

In a tragic case that received international attention, 15-year-old Phoebe Prince killed herself after being bullied—both physically and online—by some of her classmates. Phoebe had moved to Massachusetts from a small town in Ireland, enrolling as a freshman at South Hadley High School. After a brief relationship with a popular boy in the senior class, the taunting by her classmates began. Some students called her an “Irish slut” and a “whore,” knocked things out of her hands, and sent her threatening texts. Some of the students used Facebook and Twitter to speak badly about her. Phoebe suffered this treatment …

Disciplining The Right Of Publicity's Nebulous First Amendment Defense With Teachings From Trademark Law, Wee Jin Yeo

Cardozo Arts & Entertainment Law Journal

Academic commentators, practitioners and students alike have written a flurry of articles on the First Amendment defense in right of publicity law, as courts cannot seem to agree on the appropriate balancing test that should be used to weigh celebrities 'publicity rights against the public's rights to use celebrity personas as communicative tools. Various tests have been proposed as the panacea, but are ultimately unsatisfactory, due to inadequacies that prevent them from striking a normatively desirable balance.

This Article suggests that the core normative justification behind the right of publicity is the prevention of unjust enrichment. Thus, following recent developments …

The Inapplicability Of First Amendment Protections To Bds Movement Boycotts, Marc A. Greendorfer

Cardozo Law Review de•novo

This paper has been derived from, and is an expansion of, certain arguments the author made in an earlier legal study of the BDS Movement under United States law entitled, “The BDS Movement: That Which We Call a Foreign Boycott, by Any Other Name, Is Still Illegal,” and is meant to rebut recent misleading assertions that the First Amendment protects participation by United States persons in foreign boycotts of Israel.

Religion, Liberty, And The Jurisdictional Limits Of Law [Review], Edited By Iain T. Benson And Barry W. Bussey, Nicholas P. Miller

Faculty Publications

"In recent years law and religion scholarship in Canada has grown significantly. This distinctive collection of 18 papers addresses, from a variety of angles, the jurisdiction of law itself and limits of law – an important but often overlooked aspect of settling the boundaries of church and state, religion and law."

Politics At Work After Citizens United, Ruben J. Garcia

Loyola of Los Angeles Law Review

There are seismic changes going on in the political system. The United States Supreme Court has constitutionalized the concentration of political power in the “one percent” in several recent decisions, including Citizens United v. FEC. At the same time, unions are representing a shrinking share of the workforce, and their political power is also being diminished. In order for unions to recalibrate the balance of political power at all, they must collaborate with grassroots community groups, as they have done in several recent campaigns. There are, however, various legal structures that make coordination between unions and nonunion groups difficult, …

Half-Baked: The Demand By For-Profit Businesses For Religious Exemptions From Selling To Same-Sex Couples, James M. Donovan

Loyola of Los Angeles Law Review

Should bakers be required to make cakes for same-sex weddings? This Article unravels the eclectic arguments that are offered in support of a religious exemption from serving gay customers in the wake of Obergefell.

Preliminary issues first consider invocations of a libertarian right to exclude. Rather than being part of our concept of liberty, this right to exclude from commercial premises is a new rule devised to prevent African Americans from participating in free society. Instead of expanding this racist rule to likewise bar gays from the marketplace, it should be reset to the antebellum standard of free access …

The Right To Be Forgotten: Comparing U.S. And European Approaches, Samuel W. Royston

St. Mary's Law Journal

This Article compares the European and United States stances regarding the right to be forgotten. Within that context, this Article explores the implications of technological advances on constitutional rights, specifically the intersection of the right to free speech and the right to privacy, commonly referred to as the "right to be forgotten" paradox. In the United States, the trend is to favor free speech, while Europe places an emphasis on human rights. Each approach is analyzed based on supporting case law. The consequences of each approach on society, both long- and short-term, are also discussed. This Article argues that a …

Gay Rights Versus Religious Freedom, And The Influence Of Obergefell V. Hodges On Distinguishing The Dividing Line, Kathleen Rainey Mcstravick

St. Mary's Law Journal

Obergefell v. Hodges, a United States Supreme Court case, added more fuel to the fire, leaving many to wonder how to voice religious opposition to same-sex marriages, and what are the second order effects for religious opposition in light of the new rule. The Court held the Equal Protection Clause in the Fourteenth Amendment of the United States Constitution guarantees protection against discrimination based on sexual orientation. Obergefell, brings the conflict between freedom of religion and LGBT rights to a new level by questioning how far freedom of religion can be used to refuse anti-discrimination statutes regarding sexual …

Trending @ Rwu Law: Mikela Almeida's Post: Esther Clark Competition Held In R. I. Supreme Court, Mikela Almeida

Law School Blogs

No abstract provided.

2015 Esther Clark Moot Court Competition: Finals, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

There Are No Racists Here: The Rise Of Racial Extremism, When No One Is Racist, Jeannine Bell

Michigan Journal of Race and Law

At first glance hate murders appear wholly anachronistic in post-racial America. This Article suggests otherwise. The Article begins by analyzing the periodic expansions of the Supreme Court’s interpretation of the protection for racist expression in First Amendment doctrine. The Article then contextualizes the case law by providing evidence of how the First Amendment works on the ground in two separate areas —the enforcement of hate crime law and on university campuses that enact speech codes. In these areas, those using racist expression receive full protection for their beliefs. Part III describes social spaces—social media and employment where slurs and epithets …

Affirmative Action, Reverse Discrimination Bratton V. City Of Detroit, John T. Dellick

Akron Law Review

In Bratton v. City of Detroit, the United States Sixth Circuit Court of Appeals examined charges of reverse discrimination' arising from a voluntary affirmative action plan adopted by the City of Detroit. These reverse discrimination claims were presented as alleged violations of Title VIP and the fourteenth amendment. The Bratton court reviewed the leading Title VII reverse discrimination case, United Steelworkers of America v. Weber, and the leading fourteenth amendment reverse discrimination case, Regents of University of California v. Bakke. From these cases, the court in Bratton extracted the major guidelines of each, comingled them, and developed …

Justice Brennan's Gender Jurisprudence, Rebecca Korzec

Akron Law Review

However, less attention has been focused on Justice Brennan's dramatic impact on the Supreme Court's gender jurisprudence. More than any other member of the Court, Justice Brennan recognized the complexity and pervasiveness of sex discrimination and its costs to society as a whole. Brennan's opinions recognized that sex differentiation is largely cultural in origin, rather than based on "real" gender differences. As a result, Justice Brennan created a truly independent gender jurisprudence, eventually emerging as the architect of the Supreme Court's contemporary test for evaluating claims of sex-based discrimination.

Understanding the significance of Brennan's contribution requires an appreciation of the …

Rolling John Bingham In His Grave: The Rehnquist Court Makes Sport With The 14th Amendment, Stephen E. Gottlieb

Akron Law Review

The Warren Court organized the concept of strict scrutiny in Shelton v. Tucker. Where the defendant was obligated to treat people without regard to membership in a suspect class and failed to do that, the Court would hold them liable for their behavior unless it was done for a compelling public reason and there was no less damaging alternative.

The concept of strict scrutiny had nothing to do with intentions. The issue for the Warren Court was whether one party had injured another because of a forbidden reason. That concept of causation was understood broadly. The Court was not looking …

Abuse And Harassment Diminish Free Speech, Anita Bernstein

Pace Law Review

Owen Fiss focused on “the robustness of public debate” to conclude on his last page: “The autonomy protected by the First Amendment and rightly enjoyed by individuals and the press is not an end in itself, as it might be in some moral code, but is rather a means to further the democratic values underlying the Bill of Rights.”

This article embraces the same values but more conservatively. Whereas Fiss defended state-sponsored coercion, I leave the government mostly outside the descriptions and arguments presented here. Scholars have sought to apply the law—of crimes, torts, intellectual property, and statutory allotments and …

The Snowden Effect: The Conflict In A Free Society, Who Values Privacy Versus Who Values Security?, Matthew C. Blake

Political Science Theses and Capstones

The Obama Administration has come under scrutiny by both the public and Congress, since former National Security Agency (NSA) contractor Edward Snowden made known the scope of government surveillance programs being utilized by the U.S. government to gather intelligence on domestic citizens. Snowden’s disclosures about the government’s surveillance practices to the mainstream media began in June 2013. I focus on how public opinion towards the government’s surveillance practices and an individual’s reasonable right to privacy has shifted after revelations made by Edward Snowden on the practices of the NSA. Individuals may show support for more government surveillance in the name …

Cross-Racial Misidentification: A Call To Action In Washington State And Beyond, Taki V, Flevaris, Ellie F. Chapman

Seattle University Law Review

Research indicates eyewitness identifications are incorrect approximately one-third of the time in criminal investigations. For years, this phenomenon has significantly contributed to wrongful convictions all over the country, including in Washington State. But jurors, attorneys, and police remain unaware of the nature and extent of the problem and continue to give undue weight to eyewitness evidence. Experts have estimated that approximately 5,000–10,000 felony convictions in the United States each year are wrongful, and research suggests that approximately 75% of wrongful convictions involve eyewitness misidentification. The phenomenon of eyewitness misidentification is also amplified and most troublesome in the context of cross-racial …

A Presumption Of Disclosure: Towards Greater Transparency In Asylum Proceedings, Rose Linton

Seattle University Law Review

Every day, Asylum Officers (AOs) and Immigration Judges (IJs) hear cases to determine if the asylum seeker has a genuine claim to protection under the Refugee Act, which prohibits returning a refugee to a country where her life or freedom is threatened due to race, religion, political opinion, nationality, or membership in a particular social group. AOs and IJs are aware that their decision may mean life or death for an asylum seeker. They are also aware that false claims are “distressingly common,” that unscrupulous attorneys and unauthorized practitioners of immigration law have perpetrated fraudulent asylum schemes, and that granting …

The Empirical Irony Of The Conflict Between Antidiscrimination And Religious Freedom, Nathan B. Oman

Popular Media

No abstract provided.

Religious Accommodations And – And Among – Civil Rights: Separation, Toleration, And Accommodation, Richard W. Garnett

Journal Articles

This paper expands on a presentation at a recent conference, held at Harvard Law School, on the topic of “Religious Accommodations in the Age of Civil Rights.” In it, I emphasize that the right to religious freedom is a basic civil right, the increased appreciation of which is said to characterize our “age.” Accordingly, I push back against scholars’ and commentators’ increasing tendency to regard and present religious accommodations and exemptions as obstacles to the civil-rights enterprise and ask instead if our religious-accommodation practices are all that they should be. Are accommodations and exemptions being extended prudently but generously, in …

Public Accommodation Statutes And Sexual Orientation: Should There Be A Religious Exemption For Secular Businesses?, Lucien J. Dhooge

William & Mary Journal of Race, Gender, and Social Justice

This Article examines the issue of whether there should be a religious exemption for secular businesses from public accommodation statutes that protect prospective patrons from discrimination on the basis of sexual orientation. The Article examines this issue in the context of protecting free exercise of religion versus offering services to all members of the public equally and without distinction. The Article concludes that the perceived threat to religious liberty posed by such statutes is exaggerated, that the consequences of granting exemptions would be harmful, and that state-sanctioned discrimination is contrary to the fundamental principles of justice and equality underlying the …

Roundtable Discussion: Opposition To Islamic And Jewish Religious Practices In Contemporary America: Overlap And Divergences, The Anti-Shari'a Movement In America, Wajahat Ali, Lee Ann Bambach, Samuel Freedman

Chicago-Kent Law Review

No abstract provided.

Newsroom: Logan On 'Marketplace Of Ideas', Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Post-Katrina Suppression Of Black Working-Class Political Expression, Taunya L. Banks

Faculty Scholarship

No abstract provided.

Lane V. Franks: The Supreme Court Clarifies Public Employees’ Free Speech Rights, Thomas A. Schweitzer

Touro Law Review

No abstract provided.