Civil Rights and Discrimination Commons^™

A Tragedy Of Incommensurability: Indigenous Rights And The Limits Of Human Rights Law, Zeina Ali

Theses and Dissertations

This thesis explores the tragedy of incommensurability between indigenous rights and international human rights law. Despite the emergence of frameworks like the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), indigenous calls for sovereignty remain fundamentally unintelligible within a liberal order structured to preserve settler-state legitimacy. Tracing the historical and theoretical evolution of indigenous advocacy, this study critiques the strategic shift from demands for self-determination to claims of cultural rights. It argues that this shift offers no real alternative: self-determination and cultural rights are functionally equivalent, as both are ultimately filtered through legal and political frameworks that cannot …

Sundown In Indiana: A Midwest Story Of Racism, Exclusion, And Memory, Kelsey A. Snyder

Masters Theses, 2020-current

Sundown towns were a prominent aspect of the northern life from the early 1900s till in some places till the 1970s but they have been lost to history. These towns have been silenced and erased not just from the history books but from public memory. Indiana is my home state and the three towns that will be discussed have all had an impact on my personal development especially in understanding race. Decatur and Huntington places I have called home, both have been classified as sundown towns. The third, Marion was the location of the one the last known lynchings in …

Trading Diversity? Judicial Diversity And Case Outcomes In Federal Courts, Ryan W. Copus, Ryan Hübert, Paige Pellaton

Faculty Works

Are federal lawsuits resolved differently based on the race or gender of the judges assigned to hear them? Recent empirical research posits that women and judges of color decide cases more liberally, at least in some identity-salient areas of law. However, these studies analyze small numbers of cases and judges, and use research designs that limit their causal interpretations. Using an original dataset of all civil rights cases filed in 20 federal district courts over multiple decades and a strong causal identification strategy, we find that assignment of cases to judges of color or women has no statistically significant effect …

Hindsight Is 20/20: Epilepsy Is Not One-Size-Fits-All, Raika Kim

Northwestern University Law Review

For many, epilepsy is one of the first conditions that come to mind when thinking of a disability, and for good reason: over 50 million people in the world live with epilepsy. Yet misunderstandings about epilepsy have perpetuated social stigma surrounding the disability for centuries. Ableist beliefs led to the passage of laws in the 1900s condoning—and in some cases, requiring—sterilization of individuals with epilepsy and restriction of their right to marry. Even today, state driving laws, justified as promoting public safety, categorically prevent anyone diagnosed with epilepsy from driving unless they are seizure free for an arbitrary, nonuniform period …

The Importance Of Multicultural Clubs At Pc, Courtney Wight

The Civil Rights Movement (HIS/BLS 347) Zine Project

No abstract provided.

The Anatomy Of Creating A New Legal Discipline In Which Intersectionality Is Integral: Teaching Employers To Accept The Importance Of Workplace Discrimination And Understanding The Connection Between The Intersectionality Messages We Receive And How They Are Manifested In The Workplace Resulting In Violations Of Title Vii Of The Civil Rights Act Of 1964 And Lack Of Diversity, Dawn D. Bennett-Alexander

Mercer Law Review

The Author created the first law course in the country for colleges of business that taught business students how to recognize and work to avoid the genesis of workplace discrimination legal claims that lawyers are then called upon to handle, many of which are firmly rooted in intersectionality. That is, Title VII of the Civil Rights Act of 1964 violations and employer liability. This led to her creating the earliest iteration of what we now know as Diversity, Equity, Inclusion, and Belonging (DEIB). In doing so, she had to explore how workplace decisions are made, which led to the realization …

Bridging The Gap: Stress And Support Systems For Underrepresented Students Pursuing Graduate Education, Carlos A. Tavira-Villegas

Honors Program: Senior Projects (Public)

Embedded within the United States educational system lies a history that is marked by centuries of exclusion, where students of color were denied the right to an equal education. Despite this legacy of injustice, a story of resilience and bravery also exists, as countless individuals fought for the right to access and succeed in an equal education. This literature review examines the historical exclusion of Mexican American, Asian, and Black students in the United States. Important legal cases will be explored to trace the progression of educational equity in America. Several theories will be reviewed, including social identity theory, ecological …

Review Of In A Human Voice, Jean Keller

The Journal of Social Encounters

No abstract provided.

Katharine Drexel And The Sisters Who Shared Her Vision, Annie Huey

The Journal of Social Encounters

No abstract provided.

Review Of Laboratories Of Autocracy: A Wake-Up Call From Behind The Lines, Neal Allen, Philip Pfeiffer

The Journal of Social Encounters

No abstract provided.

Review Of God's Resistance: Mobilizing Faith To Defend Immigrants, Anna Peterson

The Journal of Social Encounters

No abstract provided.

Review Of Ordinary Whites In Apartheid Society: Social Histories Of Accommodation, Gary Prevost

The Journal of Social Encounters

No abstract provided.

Review Of Portraits Of Peacemakers: Americans Who Tell The Truth, Rosemarie Pace

The Journal of Social Encounters

No abstract provided.

Community-Based Research And Catholic Higher Education In Solidarity: Embracing The Risks And Gifts Of Interdependence, Linda Land-Closson

The Journal of Social Encounters

With common ground in the work of solidarity and the common good, Community-Based Research (CBR) and Catholic Higher Education (CHE) can be brought into a mutually beneficial dialogue. Accordingly, this article serves first as a reminder of the radicality of solidarity, second as a callout to CHE for often falling short of solidarity-in-action, third as an invitation for CHE to offer understandings of solidarity as discernment tools to mitigate harm in the changing field of CBR, and finally as an invitation to CBR to be aware of and continue promoting solidarity through good judgment.

Intergenerational Dialogue And Inquiry For Collective Healing, Social Justice And Communal Well-Being: A Reflection On Conceptions, Processes And Practices, Scherto Gill

The Journal of Social Encounters

This paper explores how intergenerational dialogue and inquiry (IDI) may help break the silence about past brutality and contribute to collective healing, social justice and communal well-being. The specific historical contexts that it is concerned with are transatlantic slavery and colonisation, and the continued legacies of contemporary racism. Global communities impacted by these tragedies often experience silence between the generations about the trauma resulting from the atrocity, often exacerbated by present day discrimination. In considering the case study of IDI in communities on four continents, this paper further analyses the processes involved in breaking the cycles of silence, and remembering …

Community-Driven Policy Solutions To Police Accountability, Rashawn Ray

Brookings Scholar Lecture Series

George Floyd’s death shifted public opinion as 76% of Americans agreed that incidents such as the killing of Floyd are signs of racism within law enforcement. While police reforms such as implicit bias training and body-worn cameras gained public support, they insufficiently address the structural, cultural, and organizational components of policing that can obstruct accountability and contribute to racial disparities in policing. In this lecture, Brooking Senior Fellow Rashawn Ray presents interview, survey, social media, and virtual reality data with police officers, activists, and civilians, and demonstrates state- and city-level databases on police reform legislation. Ray posits that evidence-based policy …

Deputization And Privileged White Violence, Ekow N. Yankah

Articles

A number of high-profile and racially charged killings, such as Trayvon Martin’s, Kenneth Herring’s, Ahmaud Arbery’s, and Jordan Neely’s, have been at the hands of civilians declaring themselves the law. These deaths stemmed from a phenomenon best described as “deputization.” Deputization describes a latent legal power that has empowered White people throughout American history to claim authority to enforce the law, as they see it, upon racial minorities generally and Black people in particular. This power turned the ancient common law duty to police all felons in England into a specific American common law duty to police Blacks. From the …

The Method Is The Message: Movement Law And The Social Change Commons, Raymond H. Brescia

Dickinson Law Review (2017-Present)

Legal scholars have long sought to understand the relationship between social movements and the law. A new group of such scholars has argued that to better understand this relationship, and to advance social change that is effective, sustainable, equitable, and just, they must engage in dialogue with such movements to generate ideas that will catalyze that change. For those interested in generating ideas that can spark meaningful and lasting social change, such developments in legal scholarship represent an exciting evolution in the relationship between legal scholarship, legal scholars, and social movements: a relationship that appears to be growing stronger, deeper, …

Effects Of Actualized Language Policy On Ukrainian Stability, 1989-2022, Dawn Hersey

Electronic Theses & Dissertations (2024 - present)

This dissertation seeks to generate a new perspective of the complicated relationship between actualized policy and stability through looking at Ukraine’s language policies and stability in a mixed manner approach that includes both primary and secondary sources. Russia justified its irridentist activities through claiming to protect Russian nationals within Ukraine’s borders: language policies within Ukraine appear to be a trigger for Russian antagonism. Neither Russian irridentism nor Ukrainian nationalism are being considered as right or wrong in this dissertation: the intent is to highlight trends, patterns, and perceptions in alignment with Ukrainian language policy. This dissertation does not present a …

Protection Of Trade Secrets In Global Markets And International Business: Implications For Labor Relations, Oleg M. Yaroshenko, Oleksii Tykhonovych, Yaroslav Kostohryz, Yuliia Ivchuk, Dmytro Sirokha

Markets, Globalization & Development Review

Against the background of globalization and the constant evolution of economic relations, the protection of trade secrets in labor relations becomes a necessity to ensure the sustainable competitiveness of enterprises in the international market. This article analyzes the multifaceted dimensions of trade secret protection, covering global business strategies, intercultural labor practices, international economic relations, and public policy fundamentals. Through the analysis of international agreements such as the TRIPS Agreement and the European Union Directive on Non-Competition Provisions, the article explores how various legal systems address trade secrets in labor relations, emphasizing the need for global harmonization. It also considers cultural …

Anti-Discrimination Clauses In Higher Education Collective Bargaining Agreements, William A. Herbert, Erin Ward, Karen Stubaus

Publications and Research

This report presents excerpts from 30 current or recent higher education collective bargaining agreements involving faculty, post-doctoral scholars, or graduate student employees along with hyperlinks to the full agreements. The excerpts are organized by institution and bargaining unit type: combined faculty collective bargaining units; non-tenure track faculty bargaining units; community college faculty bargaining units; post-doctoral scholar and academic researcher bargaining units; and graduate student employee bargaining units.

Los Tecolotes: Chicana And Chicano Studies: Reflections On The Past For The Future, Jaime S. Cruz, Juan Gómez-Quiñones, Teresa Mckenna, Ernesto B. Vigil, Irene Vásquez, Alvaro Huerta, José Ángel Gutiérrez, Blanca Gordo, Minnie Ferguson, Marcos Aguilar, Devra Weber, Elias Serna, Steven Castro

Regeneración: A Xicanacimiento Studies Journal

This texts documents a panel organized on August 20, 2019, that included Chicana/o educators, activist, and supporters of Chicana/o Studies attended the “Los Tecolotes – Chicana and Chicano Studies: Reflection on the Past who participated in the Future” symposium at Virginia Avenue Park in Santa Monica. The event sought to bring attention to the social, political, and educational challenges the Chicana/o community has and is presently encountering. The symposium was also organized to commemorate the 50^th Anniversary of the Chicana/o Moratorium and to share recent findings related to the assassination of Los Angeles Times journalist and KMEX correspondent …

Indiana Law Supporting Newly Established Indiana Innocence Project, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

Law students from the Indiana University Maurer School of Law will have the opportunity to help exonerate wrongfully convicted Hoosiers through the newly established Indiana Innocence Project, which officially launched Saturday (Aug. 17).

Established in association with the national Innocence Project—which has helped free more than 240 wrongfully convicted prisoners since 1992—the Indiana Innocence Project (INIP) has been made possible through the support of the Herbert Simon Family Foundation, along with the Law School and IU’s Department of Criminal Justice.

The Indiana Innocence Project will screen and investigate cases with meritorious innocence claims, secure DNA testing when biological evidence …

Abortion, Citizenship, And The Right To Travel, Rebecca E. Zietlow

Employee Rights and Employment Policy Journal

This article considers the changed landscape for abortion rights since the United States Supreme Court’s opinion in Dobbs v. Jackson Women’s Health. Before Dobbs, the right to choose an abortion was a fundamental right under federal law, enforceable against all state governments. After Dobbs, the scope of one’s right to choose an abortion depends on the state in which one lives, and if abortion is illegal in their home state, their right to travel to another state where abortion is legal. The right to travel is particularly important for workers who must live in an anti-abortion state because their …

Governance And Islam In East Africa: Muslims And The State In Kenya And Tanzania, Farouk Topan, Kai Kresse, Erin E. Stiles, Hassan Mwakimako

Exploring Muslim Contexts

Explores the relationship between Muslim communities and the State in East Africa in political, institutional and legal contexts

• Focuses on the relationship between Muslims and the State in Kenya and Tanzania
• Asks which factors, both within and outside the Muslim community, shape and affect this relationship in contemporary times
• Presents 13 case studies exploring governance issues within and across the categories of politics, institutions and law in Kenya and Tanzania
• Identifies cross-cutting issues of governance and Muslim communities which are relevant beyond East Africa

Recent studies of Muslims in Kenya and Tanzania have tended either to examine governance of Muslims …

A Qualitative Exploration Of Social Capital And Its Influence On Baccalaureate Degree Completion Of First-Generation African American Men At The University Of Louisville., Joseph Marshall Goodman Iii

Electronic Theses and Dissertations

This qualitative dissertation was designed to examine influences which various forms of social capital have on post-secondary degree attainment of first-generation individuals who self-identify as African American men. Additionally, the sample population consisted of Black men who successfully matriculated to earn baccalaureate credentials across differing academic disciplines at a public historically White institution located in the mid-south region of the United States. The research data was extracted from one-on-one, semi-structured interviews using authentic dialogue through open-ended questions. Theoretical paradigms of the study involved a phenomenological approach and an ontological philosophical assumption, integrated with critical theory, critical race theory and social …

Indiana Supreme Court Chief Justice Commends Work Of Iu Faculty During Annual State Of The Judiciary, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

No abstract provided.

Global Criminal Justice Practices And Public Safety, Rachel Hwang

Posters-at-the-Capitol

Popular political discourse in the U.S. assumes that more funding for law enforcement and prison facilities will make civilians safer, presumably by reducing crime and sense of disorder. However, studies have shown that the relationship between these factors may not be as straightforward. With the killing of George Floyd and increased media coverage of police brutality, existing literature focuses mainly on the relationship between police and crime in the U.S. The impact of incarceration (the result of procedural justice) on the community (for whom procedural justice exists) is less known, especially on a global scale. We argue that cycling people …

Human Trafficking In The United Arab Emirates: Analyzing The Challenges And Efforts Towards Eradication, Gianna M. Bilotta

Undergraduate Projects

This paper describes the human trafficking issue within the UAE (United Arab Emigrates).

Strictly Intersectional Scrutiny: A Recommendation For Transforming The Epc To Highlight Queer Black Women, Kayla M. Richardson

Undergraduate Honors Theses

The purpose of this thesis is to explore the interpretation of the Equal Protection Clause by the Supreme Court of the United States (SCOTUS) and how this interpretation can become more intersectional for Black queer women. This question is explored within the scope of two theoretical frameworks: Derrick Bell’s theory of interest convergence and Kimberlé Crenshaw’s theory of intersectionality. This project examines whether any factors compel SCOTUS to be more intersectional in its approach to the Fourteenth Amendment. Simultaneously, this study also considers what social contexts make SCOTUS more likely to focus on the interests of the oppressor, a demographic …