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Civil Rights and Discrimination Commons™
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Articles 31 - 60 of 192
Full-Text Articles in Civil Rights and Discrimination
Out In Public: Legal And Policy Benefits Of Open, Cooperative K-12 Transgender Policy Development, Erin Cranor
Out In Public: Legal And Policy Benefits Of Open, Cooperative K-12 Transgender Policy Development, Erin Cranor
Brigham Young University Education and Law Journal
No abstract provided.
Separating The Wheat From The Tares: The Supreme Court's Premature Strict Scrutiny Of Race-Based Remedial Measures In Public Education, Hayden Smith
Brigham Young University Education and Law Journal
No abstract provided.
Bias, Employment Discrimination, And Black Women's Hair: Another Way Forward, Crystal Powell
Bias, Employment Discrimination, And Black Women's Hair: Another Way Forward, Crystal Powell
BYU Law Review
No abstract provided.
Minority Entrepreneurs And Fast Failure, Jesse P. Houchens
Minority Entrepreneurs And Fast Failure, Jesse P. Houchens
Brigham Young University Journal of Public Law
Minority businesses now make up more than a quarter of all U.S. businesses; yet, due to discriminatory lending practices, cultural aversions to debt, and limited access to capital, these businesses continue to have higher failure rates. At the same time, m inority entrepreneurs are more likely to rely on informal lending and less likely to turn to bankruptcy for relief of debt. Doing so slows down failure for minority entrepreneurs — contra Silicon Valley’s new mantra, “fail fast” — and diminishes the minority entrepreneur’s ability to efficiently reallocate resources towards more productive ventures. In this essay, I distinguish the minority …
Minority Entrepreneurs And Fast Failure, John Taylor Jensen
Minority Entrepreneurs And Fast Failure, John Taylor Jensen
Brigham Young University Journal of Public Law
Minority businesses now make up more than a quarter of all U.S. businesses; yet, due to discriminatory lending practices, cultural aversions to debt, and limited access to capital, these businesses continue to have higher failure rates. At the same time, m inority entrepreneurs are more likely to rely on informal lending and less likely to turn to bankruptcy for relief of debt. Doing so slows down failure for minority entrepreneurs — contra Silicon Valley’s new mantra, “fail fast” — and diminishes the minority entrepreneur’s ability to efficiently reallocate resources towards more productive ventures. In this essay, I distinguish the minority …
Thinking Outside Of The Race Boxes: A Two-Pronged Approach To Further Diversity And Decrease Bias, Samia E. Mccall
Thinking Outside Of The Race Boxes: A Two-Pronged Approach To Further Diversity And Decrease Bias, Samia E. Mccall
Brigham Young University Education and Law Journal
No abstract provided.
A Growing Consensus: State Sponsorship Of Confederate Symbols Is An Injury-In-Fact As A Result Of Dylann Roof’S Killing Blacks In Church At A Bible Study, L. Darnell Weeden
A Growing Consensus: State Sponsorship Of Confederate Symbols Is An Injury-In-Fact As A Result Of Dylann Roof’S Killing Blacks In Church At A Bible Study, L. Darnell Weeden
Brigham Young University Journal of Public Law
No abstract provided.
Avoiding Deliberation: Why The "Safe Space" Campus Cannot Comport With Deliberative Democracy, Nicholas A. Schroeder
Avoiding Deliberation: Why The "Safe Space" Campus Cannot Comport With Deliberative Democracy, Nicholas A. Schroeder
Brigham Young University Education and Law Journal
No abstract provided.
Beacon Or Bludgeon? Use Of Regulatory Guidance By The Office For Civil Rights, Stephen S. Worthington
Beacon Or Bludgeon? Use Of Regulatory Guidance By The Office For Civil Rights, Stephen S. Worthington
Brigham Young University Education and Law Journal
No abstract provided.
No Good Deed Goes Unpunished: The Lack Of Protection For Volunteers Under Federal Anti-Discrimination Statutes, Lawrence D. Rosenthal
No Good Deed Goes Unpunished: The Lack Of Protection For Volunteers Under Federal Anti-Discrimination Statutes, Lawrence D. Rosenthal
BYU Law Review
No abstract provided.
Legal Storytelling: The Murder Of Voter Id, Tracy Mccants Lewis
Legal Storytelling: The Murder Of Voter Id, Tracy Mccants Lewis
Brigham Young University Journal of Public Law
No abstract provided.
Not All Non-Discrimination Policies Are Created Equal: Analyzing Public Universities' Attempts To Regulate Membership Requirements Of Officially Recognized Student Organizations, James Heilpern
Brigham Young University Education and Law Journal
No abstract provided.
Tensions And Synergies In Religious Liberty: An Evaluation Of The Interrelation Of Freedom Of Belief With Other Human Rights; Parallel Equality And Anti-Discrimination Provisions; Enforcement In Competing European Courts; And Mediated Dispute Resolution, Mark Hill
BYU Law Review
No abstract provided.
Invisible Women: Why An Exemption For Hobby Lobby Would Violate The Establishment Clause, Frederick Mark Gedicks, Andrew Koppelman
Invisible Women: Why An Exemption For Hobby Lobby Would Violate The Establishment Clause, Frederick Mark Gedicks, Andrew Koppelman
Faculty Scholarship
Can an employer make his employees foot the bill for his religious beliefs? Merely to ask this question is to answer it. “Religious liberty” does not and cannot include the right to impose the costs of observing one's religion on someone else. Indeed, the Supreme Court has consistently interpreted the Free Exercise Clause, the Establishment Clause, and Title VII of the Civil Rights Act of 1964 to forbid permissive accommodations of religion in the for-profit workplace when they impose significant burdens on identifiable and discrete third parties.
In Sebelius v. Hobby Lobby Stores, Inc., however, an employer is claiming that …
Substantive Due Process: The Power To Grant Monopolies In The Federalist Marketplace Of State Experimentation, Curtis Thomas
Substantive Due Process: The Power To Grant Monopolies In The Federalist Marketplace Of State Experimentation, Curtis Thomas
BYU Law Review
Substantive due process is a controversial doctrine due to its lack of a limiting principle that prevents courts from creating or extending rights beyond the text of the Constitution. This Comment suggests that the effects of substantive due process should be evaluated from a perspective of their likely effect on the federalist marketplace of state experimentation. From this perspective, the application of substantive due process should be limited to natural rights, which are the equivalent of natural monopolies in economic marketplaces. The remaining rights should be allowed to develop through state experimentation.
Bamn! The Sixth Circuit Strikes Down Michigan's Proposal 2, J. Kevin Jenkins, Pamela Larde
Bamn! The Sixth Circuit Strikes Down Michigan's Proposal 2, J. Kevin Jenkins, Pamela Larde
Brigham Young University Education and Law Journal
No abstract provided.
Let Me Count The Ways: The Unconstitutionality Of Same-Sex-Marriage Bans, Mark Strasser
Let Me Count The Ways: The Unconstitutionality Of Same-Sex-Marriage Bans, Mark Strasser
Brigham Young University Journal of Public Law
No abstract provided.
“The Pursuit Of Happiness” Comes Home To Roost? Same-Sex Union, The Summum Bonum, And Equality, Patrick Mckinley Brennan
“The Pursuit Of Happiness” Comes Home To Roost? Same-Sex Union, The Summum Bonum, And Equality, Patrick Mckinley Brennan
Brigham Young University Journal of Public Law
No abstract provided.
The Meaning And Good Of Equality: Toward Enhanced Constitutional Principles, Scott Fitzgibbon
The Meaning And Good Of Equality: Toward Enhanced Constitutional Principles, Scott Fitzgibbon
Brigham Young University Journal of Public Law
No abstract provided.
Perspectives On Fisher V. University Of Texas And The Strict Scrutiny Standard In The University Admissions Context, Michael Poreda
Perspectives On Fisher V. University Of Texas And The Strict Scrutiny Standard In The University Admissions Context, Michael Poreda
Brigham Young University Education and Law Journal
No abstract provided.
Walking A Thin Blue Line: Balancing The Citizen's Right To Record Police Officers Against Officer Privacy, Rebecca G. Van Tassell
Walking A Thin Blue Line: Balancing The Citizen's Right To Record Police Officers Against Officer Privacy, Rebecca G. Van Tassell
BYU Law Review
No abstract provided.
Religions As Sovereigns: Why Religion Is "Special", Elizabeth Clark
Religions As Sovereigns: Why Religion Is "Special", Elizabeth Clark
Faculty Scholarship
Commentators increasingly challenge religion’s privileged legal status, arguing that it is not “special” or distinct from other associations or philosophical or conscientious claims. I propose that religion is “special” because it functions metaphorically as a legal sovereign, asserting supreme authority over a realm of human life. Under a religion-as-sovereign theory, religious freedom can be understood as at least partial deference to a religious sovereign in a system of shared or overlapping sovereignty. This Article suggests that federalism, which also involves shared sovereignty, can provide a useful heuristic device for examining religious freedom. Specifically, the Article examines a range of federalism …
Dignity, History, And Religious-Group Rights, Frederick Mark Gedicks
Dignity, History, And Religious-Group Rights, Frederick Mark Gedicks
Faculty Scholarship
No abstract provided.
With Religious Liberty For All: A Defense Of The Affordable Care Act's Contraception Coverage Mandate, Frederick Mark Gedicks
With Religious Liberty For All: A Defense Of The Affordable Care Act's Contraception Coverage Mandate, Frederick Mark Gedicks
Faculty Scholarship
The “contraception mandate” of the Patient Protection and Affordable Care Act of 2010 poses a straightforward question for religious liberty jurisprudence: Must government excuse a believer from complying with a religiously burdensome law, when doing so would violate the liberty of others by imposing on them the costs and consequences of religious beliefs that they do not share? To ask this question is to answer it: One's religious liberty does not include the right to interfere with the liberty of others, and thus religious liberty may not be used by a religious employer to force employees to pay the costs …
Nondiscrimination And Religious Affiliation: The Ninth Circuit Upholds The Denial Of Registered Status To A Christian Student Club In Alpha Delta Chi-Delta Chapter V. Reed, Devin Snow
BYU Law Review
No abstract provided.
Getting Parents Involved In Racially Integrated Schools, Cara Sandberg
Getting Parents Involved In Racially Integrated Schools, Cara Sandberg
Brigham Young University Education and Law Journal
No abstract provided.
Rights, Religion, Regard, Contact: The Common School Ideal, A Nurturing, Safe And Effective Educational Environment For All Students, Scott Ellis Ferrin
Rights, Religion, Regard, Contact: The Common School Ideal, A Nurturing, Safe And Effective Educational Environment For All Students, Scott Ellis Ferrin
Brigham Young University Education and Law Journal
No abstract provided.
Studying The Massachusetts Goodridge Decision On Same-Sex Marriage As An Antidote To Mutual Misunderstanding And A Lesson In Civics And Law, David Schimmel
Studying The Massachusetts Goodridge Decision On Same-Sex Marriage As An Antidote To Mutual Misunderstanding And A Lesson In Civics And Law, David Schimmel
Brigham Young University Education and Law Journal
No abstract provided.
The Heart Of The Constitutional Enterprise: Affirming Equality And Freedom In Public Education, William E. Thro
The Heart Of The Constitutional Enterprise: Affirming Equality And Freedom In Public Education, William E. Thro
Brigham Young University Education and Law Journal
No abstract provided.
Goldilocks And The Three-Judge Panel: Spencer V. World Vision, Inc. And The Religious Organization Exemption Of Title Vii, Brandon S. Boulter
Goldilocks And The Three-Judge Panel: Spencer V. World Vision, Inc. And The Religious Organization Exemption Of Title Vii, Brandon S. Boulter
BYU Law Review
No abstract provided.