Civil Rights and Discrimination Commons^™

First Race, Then Sex, Now Disability: The Fight Towards Increased And Equal Employment Of Individuals With Disabilities, Wallis Levy Granat

Journal of Civil Rights and Economic Development

(Excerpt)

Think about a typical morning. 7:00 a.m.: You hear the dreaded alarm and moan as “Superstition” plays. You somehow manage to hit snooze and buy yourself another ten minutes of peaceful bliss. 7:10 a.m.: You roll over, turn the alarm off, and instinctually grab your iPhone. You check Facebook, your email, your Instagram, and your Chase bank account to make sure nothing has changed since you went to sleep. 7:15 a.m.: You reluctantly get out of bed and turn the lights on. 7:20 a.m.: You grab your favorite Tommy Hilfiger shirt and finish getting dressed. 7:25 a.m.: You turn …

A Wall Of Hate: Eminent Domain And Interest-Convergence, Philip Lee

Faculty Publications

(Excerpt)

Donald Trump is no stranger to eminent domain. In the 1990s, Trump wanted land around Trump Plaza to build a limousine parking lot. Many of the private owners agreed to sell, but one elderly widow and two brothers who owned a small business refused. Trump then got a government agency—the Casino Reinvestment Development Authority (CRDA)—to take the properties through eminent domain, offering them a quarter of what they had previously paid or been offered for their land.

The property owners fought back and finally won. Although the CRDA named several justifications, from economic development to traffic alleviation and additional …

Examining The School-To-Prison Pipeline: Sending Students To Prison Instead Of School, Fatema Ghasletwala

Journal of Civil Rights and Economic Development

(Excerpt)

Juvenile delinquents are often thought of as intrinsically evil. These youths are blamed for their own plight, believed to be a result of innate character flaws. However, such an obtuse perception is problematic. In many cases, these juvenile delinquents were made delinquents by a faulty system, namely, the School-to-Prison Pipeline. The School-to-Prison Pipeline is a troubling phenomenon in which students are suspended, expelled or even arrested for minor offenses instead of being sent simply to an administrator’s office. Often, these students have backgrounds of poverty, abuse, neglect, and may even have learning disabilities. Instead of being offered counseling, “unruly” …

Against Lgbt Exceptionalism In Religious Exemptions From Antidiscrimination Obligations, Carlos A. Ball

Journal of Civil Rights and Economic Development

(Excerpt)

In my estimation, Tebbe is correct that contested legal and policy questions arising from the intersection of religious freedom and equality principles demand difficult normative work. But, after reading the book, I am not sure he realizes the extent to which his social coherence approach is historically driven. Whether through analogies from concrete, past cases or by abstracting normative principles from past cases, Tebbe is essentially looking at how the country has, in the past, accommodated religious freedom in the pursuit of other objectives to guide us through current religious liberty controversies involving LGBT rights and reproductive freedom.

No Prior Experience Desired: Villarreal V. R.J. Reynolds Tobacco Co. And The Scope Of Disparate Impact Claims Under The Adea, Nicholas Placente

St. John's Law Review

(Excerpt)

This Note argues that § 4(a)(2) of the ADEA permits disparate impact claims for job applicants, despite the revised holding of the Eleventh Circuit. First, the plain meaning of § 4(a)(2) strongly suggests that disparate impact protections lie for job seekers, in contrast to the Eleventh Circuit’s ultimate finding. This argument draws on a close textual and structural analysis of the ADEA, supplemented with a comparative analysis to Title VII. Furthermore, this Note unpacks the legal arguments surrounding the 1972 amendment to Title VII, demonstrating that the absence of the “applicants for employment” language from § 4(a)(2) does not …

Does It Pay To Be A Manager? The Significance Of The Manager Rule In Analyzing Retaliation Claims Under Title Vii, Cristina Giappone

St. John's Law Review

(Excerpt)

This Note argues that the manager rule should be applied to Title VII cases but in a new and very specific and detailed context involving a case-by-case analysis, similar to that of the United States Court of Appeals for the Ninth Circuit’s reasoning in Rosenfield v. GlobalTranz Enterprises, Inc. This Note is comprised of three parts. Part I provides the history of Title VII generally, and discusses the emergence of the manager rule in the FLSA context. Part II addresses how different federal circuit courts have either recognized or rejected the manager rule as it applies to retaliation …

How Is Sex Harassment Discriminatory?, Noa Ben-Asher

Faculty Publications

(Excerpt)

What is sexual harassment, and what is its actual harm? Since the 1980s, these two questions have perplexed lawmakers, policymakers, feminists, and the public. Today, with the rise of #MeToo, and with increased national attention to Title IX claims regarding sexual violence on college campuses, these questions are once again in the spotlight. As some commentators have observed, in the last several years lawmakers and policymakers have been increasingly influenced by a feminist antisubordination approach to sexual harassment and assault. This growing influence is currently reflected in more strict standards of consent (“affirmative consent”) to sex, in higher procedural …

Faith-Based Emergency Powers, Noa Ben-Asher

Faculty Publications

This Article explores an expanding phenomenon that it calls Faith-Based Emergency Powers. In the twenty-first century, conservatives have come to rely heavily on Faith-Based Emergency Powers as a leading legal strategy in the Culture Wars. This strategy involves carving faith-based exceptions to rights of women and LGBT people. The concept of Faith-Based Emergency Powers is developed in this Article through an analogy to the “War on Terror.” In the War on Terror, conservatives typically have taken the position that judges, legislators, and the public must defer to the President and the executive branch in matters involving national security. This argument …

"Reasonable Accommodation" Under Title Vii: Is It Reasonable To The Religious Employee?, Thomas D. Brierton

The Catholic Lawyer

No abstract provided.

Analyzing Sexual Harassment In The Workplace, Herbert G. Keene, Jr.

The Catholic Lawyer

No abstract provided.

Relationship Of Civil Rights Issues To Education And Taxation, John A. Liekweg, Assistant General Counsel, United States Catholic Conference

The Catholic Lawyer

No abstract provided.

Racial Classifications In Law School Admissions, Donald J. Rosenberg

The Catholic Lawyer

No abstract provided.

Toward The Elimination Of De Facto Segregation In Public Schools, Glenn Backer

The Catholic Lawyer

No abstract provided.

English-Only Policies: The Need For And Benefits Of The Employment Language Fairness Act, Nick Stratouly, Esq.

Journal of Civil Rights and Economic Development

No abstract provided.

Elimination Of The Locker Room Closet: Analysis Of Current Laws And Professional Sports Leagues' Policies Toward Gay Athletes, Sayed Masoud Mortazavi

Journal of Civil Rights and Economic Development

No abstract provided.

Being A Transgendered Student: An Uphill Fight For Equality, Brian Eisner

Journal of Civil Rights and Economic Development

No abstract provided.

Effective Compliance With Antidiscrimination Law: Corporate Personhood, Purpose And Social Responsibility, Cheryl L. Wade

Faculty Publications

I begin the essay with an examination of the overlap between corporate governance and corporate social responsibility. After doing so, I explore the notions of corporate personhood and purpose in order to suggest ways to make compliance programs less cosmetic and defensive and more meaningful and effective. I conclude that the decision making that is inherent in corporate governance is an important factor in the corporate social responsibility equation. There is a gap that separates the fulfillment of fiduciary duties (including the installation and upkeep of a compliance program) and best practices. Companies and their managers can win litigation, or …

The Preclusion Of § 1983 Claims By The Age Discrimination In Employment Act Following Hildebrand V. Allegheny County, Erin L. Donnelly

St. John's Law Review

(Excerpt)

This Note maintains that the Supreme Court should resolve the circuit split by affirming the Hildebrand court’s decision. Part I of this Note discusses the background of the ADEA and § 1983, including each legislation’s purpose, legislative history, and provisions. Part I concludes with a discussion of the doctrine of implied preclusion. Part II presents the circuit split by discussing the way the courts have analyzed this issue prior to Fitzgerald and how subsequent courts have decided the issue in light of Fitzgerald. Part III asserts that the ADEA precludes equal protection claims through § 1983 because of …

Attempted Elimination Of School Segregation Through Zoning Held Invalid

The Catholic Lawyer

No abstract provided.

The Lawyer And Civil Rights, Joseph T. Tinnelly, C.M.

The Catholic Lawyer

No abstract provided.

Note: Anti-Discrimination Legislation In Housing

The Catholic Lawyer

No abstract provided.

Obscenity In The Mails; Privileged Communications; The Law Against Contraceptives; The Rights Of Prisoners

The Catholic Lawyer

No abstract provided.

Justice; Mater Et Magistra; Civil Rights; Zoning; Sociological Jurisprudence; Mr. Justice Brennan; Business Ethics

The Catholic Lawyer

No abstract provided.

The Vow Of Poverty And Its Civil Law Implications, Romaeus W. O'Brien, O. Carm.

The Catholic Lawyer

No abstract provided.

Recent Decisions: Discrimination In Housing

The Catholic Lawyer

No abstract provided.

The Strange Career Of Title Vii's § 703(M): An Essay On The Unfulfilled Promise Of The Civil Rights Act Of 1991, Jeffrey A. Van Detta

St. John's Law Review

(Excerpt)

The 1991 CRA, then, held great promise when it responded to the provocation of Price Waterhouse v. Hopkins to address a larger problem—the problem that Francis Vaas identified in 1966. However, the often-invoked canon of statutory construction—start and stop with the text unless it is necessary to go to the legislative history to figure out what an ambiguous text means—has been tossed to the side, and the contextual history of overruling Price Waterhouse has been invoked by normally textualist judges who refuse to believe that Congress actually meant what it wrote. It is upon that sobering reality that we …

It Is Political: Using The Models Of Judicial Decision Making To Explain The Ideological History Of Title Vii, Kate Webber

St. John's Law Review

(Excerpt)

In Part I, this Article details the key features of Title VII’s history, explaining the statute, the significant role the Supreme Court has played in its interpretation, and the history of congressional intervention to override Supreme Court decisions on key issues. Part II reviews the existing evidence for and against an ideological interpretation of Title VII’s case law. Part III introduces the political science models of judicial decision making and applies the models to Title VII. Part III also details the models’ evidence of ideological voting by the Supreme Court and matches this evidence with voting patterns in Title …

When The Court Makes Title Vii Law And Policy: Disparate Impact And The Journey From Griggs To Ricci, Ronald Turner

St. John's Law Review

(Excerpt)

This Article focuses on judicial lawmaking and policymaking in an important area of antidiscrimination law—Title VII of the Civil Rights Act of 1964’s regulatory regime. As enacted in 1964, Title VII only prohibited intentional employment discrimination on the basis of race, color, religion, sex, or national origin. The statute requires a finding that an employer “has intentionally engaged in or is intentionally engaging in an unlawful employment practice charged in the complaint.” “[Such] ‘disparate treatment’ . . . is the most easily understood type of discrimination. The employer simply treats some people less favorably than others . . . …

Title Vii At 50: The Landmark Law Has Significantly Impacted Relationships In The Workplace And Society, But Title Vii Has Not Reached Its True Potential, Cynthia Elaine Tompkins

St. John's Law Review

(Excerpt)

This Article’s historical chronicle provides a valuable backdrop for an examination of Title VII. Part II analyzes Title VII’s impact on race relations in the workplace and society. While progress has been made in the effort to provide equal opportunities for all workplace employees, Title VII legislation has not eliminated employment discrimination. As Title VII marches toward its sixtieth anniversary, this Article’s final section, Part III, reviews unconscious bias and other current challenges preventing Title VII from reaching its true potential.

The Influence Of Justice Thurgood Marshall On The Development Of Title Vii Jurisprudence, Wendy B. Scott, Jada Akers, Amy White

St. John's Law Review

(Excerpt)

This Article highlights Justice Marshall’s influence on the development of Title VII jurisprudence. Part I presents a brief overview of Justice Marshall’s personal and professional life before becoming a Justice to show how his experience influenced the development of his judicial philosophy. Part II summarizes the Court’s approach to some of the issues left unresolved by Congress in the initial passage of Title VII. Specifically, it explores how the Court determined what would constitute a violation of Title VII and standards of pleading and proof. Part III examines the changes in the Court’s jurisprudence before Justice Marshall retired from …