Civil Rights and Discrimination Commons^™

Jackson V. Birmingham Board Of Education: Expanding The Class Of The Protected, Or Protecting The Protectors?, Cassandra M. Hausrath

University of Richmond Law Review

No abstract provided.

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 …

Reforming U.S. Immigration Policy In An Era Of Latin American Immigration: The Logic Inherent In Accommodating The Inevitable, Ryan D. Frei

University of Richmond Law Review

No abstract provided.

Implications Of A Uniracial Worldview: Race And Rights In A New Era, Jonathan K. Stubbs

Law Faculty Publications

This article begins by asking, "What is Race: Some Modem Western Perspectives?" Section I surveys race from various vantage points, including views associated with social and natural scientists, jurists, and members of the general public. In short, Section I grapples with what we currently mean when we use the term race.

Many people, especially westerners, believe that the human family consists of multiple races. Such thinking flows from and reinforces multi-racial worldviews. Thus, Section II asks: "What Does a Multi-racial Worldview Look Like?" Here, using graphic symbols we attempt to communicate some sense of what a multi- racial perspective involves. …

Pennsylvania State Police V. Suders: The Constructive Discharge Doctrine's Applicability To Title Vii Sexual Harassment Cases And The Availabilityof The Ellerth/Faragher Affirmative Defense, Laura Marston

Richmond Public Interest Law Review

This note examines the Court's decision in Suders and the evolution of the constructive discharge doctrine, specifically its applicability to Title VII sexual harassment cases. Part II analyzes the origins and purpose of the doctrine. Part III discusses the Court's previous decisions in Burlington Industries, Inc. v. Ellerth4 and Faragher v. Boca Raton, which set the framework for Suders by establishing the important affirmative defense to Title VII constructive discharge cases that the Court in Suders more clearly defined. Part IV considers the Supreme Court's decision in Suders in light of Ellerth and Faragher, and Part V concludes with the …

Recapturing Summary Adjudication Principles In Disparate Treatment Cases, Henry L. Chambers, Jr.

Law Faculty Publications

In the last decade, just as Title VII jury trials have become common, the Supreme Court has given judges more latitude to dispose of both weak and fairly strong disparate treatment cases through summary adjudication, even when Title VII liability is plausible pursuant to the McDonnell Douglas test. 11 This article explains how the Court's disparate treatment jurisprudence results in the abandonment of the summary adjudication principle that weak but winnable cases should be tried before a jury and suggests that the Court correct its mistake. Part I of this article discusses the Supreme Court's summary adjudication doctrine. Part II …

Pennsylvania State Police V. Suders: The Constructive Discharge Doctrine's Applicabilityto Title Vii Sexual Harassment Cases And The Availabilityof The Ellerth/Faragher Affirmative Defense, Laura Marston

Richmond Journal of Law and the Public Interest

This note examines the Court's decision in Suders and the evolution of the constructive discharge doctrine, specifically its applicability to Title VII sexual harassment cases. Part II analyzes the origins and purpose of the doctrine. Part III discusses the Court's previous decisions in Burlington Industries, Inc. v. Ellerth4 and Faragher v. Boca Raton, which set the framework for Suders by establishing the important affirmative defense to Title VII constructive discharge cases that the Court in Suders more clearly defined. Part IV considers the Supreme Court's decision in Suders in light of Ellerth and Faragher, and Part V concludes with the …

Brown And The Desegregation Of Virginia Law Schools, Carl W. Tobias

University of Richmond Law Review

No abstract provided.

Virginia's Next Challenge: Economic And Educational Opportunity, Mark R. Warner

University of Richmond Law Review

No abstract provided.

A Call To Leadership: The Future Of Race Relations In Virginia, Rodney A. Smolla

University of Richmond Law Review

No abstract provided.

Natural Law And The Regulation Of Sexuality: A Critique, Dr. Brent L. Pickett

Richmond Journal of Law and the Public Interest

I will argue that the natural-law understanding of sexuality, and its application to the law, is deeply flawed, in regards to homosexuality and sodomy. I begin by laying out some of the foundations of the natural law position. Central to the position is an account of human goods that are seen as good in themselves, and hence as rational bases for choice and human action. In regards to sexuality, the two most important goods, at least from the natural law perspective, are those of marriage and personal integration. I argue that a real appreciation of the role of these two …

Natural Law And The Regulation Of Sexuality: A Critique, Dr. Brent L. Pickett

Richmond Public Interest Law Review

I will argue that the natural-law understanding of sexuality, and its application to the law, is deeply flawed, in regards to homosexuality and sodomy. I begin by laying out some of the foundations of the natural law position. Central to the position is an account of human goods that are seen as good in themselves, and hence as rational bases for choice and human action. In regards to sexuality, the two most important goods, at least from the natural law perspective, are those of marriage and personal integration. I argue that a real appreciation of the role of these two …

The Bottom Rung Of America's Race Ladder: After The September 11 Catastrophe Are American Muslims Becoming America's New N....S, Jonathan K. Stubbs

Law Faculty Publications

On September 11, 2001, did American Muslims become America's newest race? This essay offers preliminary observations regarding that question. ...

The Effect Of Eliminating Distinctions Among Title Vii Disparate Treatment Cases, Henry L. Chambers, Jr.

Law Faculty Publications

St. Mary's Honor Center v. Hicks eliminated the effect of the pretext test and the distinction between standard and pretext cases. Desert Palace interpreted the motivating-factor test in a way that eliminates the distinction between mixed-motives and non-mixed-motives cases. The point is not that the Court has decided the cases incorrectly or with an inappropriate bias. Rather, it is that eliminating the distinctions between the different types of cases suggests that all disparate treatment cases should be treated the same. The result of these decisions will likely be a reversion to an older litigation model in which trial judges are …

Brown's Legacy At Fifty, Carl W. Tobias

Law Faculty Publications

Review of James T. Patterson, Brown v. Board of Education: A Civil Rights Milestone and Its Troubled Legacy (2001)

Brown And The Desegregation Of Virginia Law Schools, Carl W. Tobias

Law Faculty Publications

One-half century ago, the Supreme Court of the United States declared unconstitutional racially segregated public elementary and secondary schools in Brown v. Board of Education. The pathbreaking opinion culminated a three-decade effort that the National Association for the Advancement of Colored People ("NAACP") and the NAACP Legal Defense and Educational Fund ("LDF"), an independent litigating entity, had orchestrated. An important feature of the evolving NAACP and LDF tactical approach was to contest the segregation of government-sponsored professional and graduate education, particularly implicating law schools in jurisdictions bordering the South, namely Maryland, Missouri, Oklahoma, and Texas. These pioneering attorneys and the …

Racial Stereotypes, Broadcast Corporations, And The Business Judgment Rule, Leonard M. Baynes

University of Richmond Law Review

No abstract provided.

On Canonical Transformations And The Coherence Of Dichotomies: Jazz, Jurisprudence, And The University Mission, Barbara K. Bucholtz

University of Richmond Law Review

No abstract provided.

(Un)Welcome Conduct And The Sexually Hostile Environment, Henry L. Chambers, Jr.

Law Faculty Publications

As courts refine the theory underlying sexual harassment and sex discrimination, the unwelcomeness inquiry may become irrelevant to determining whether gender-based conduct is sexually harassing. In addition, the one possible remaining purpose that the unwelcomeness requirement may serve-providing notice to a putative harasser or its employer-is now served by an affirmative defense applicable to many sexual harassment claims. Consequently, its role should be reexamined. This Article does that. Part I of the Article describes a hypothetical situation that provides a context in which to consider unwelcomeness. Part II provides a brief overview of the evolving sexual harassment jurisprudence. Part III …

Colorblindness, Race Neutrality, And Voting Rights, Henry L. Chambers, Jr.

Law Faculty Publications

The Reconstruction Amendments' guarantee of civil rights and political equality for racial minorities means that with respect to voting and representation, raceneutral results should be as much a constitutional imperative as colorblind process. As such, a colorblind electoral rule that unintentionally lessens the ability of a minority group to vote or to choose its candidate of choice should be deemed unconstitutional under the Fifteenth Amendment, not merely unlawful under the Voting Rights Act, unless the jurisdiction can provide a strong justification for the rule focused on why such a rule is reasonably necessary to safeguard the electoral process. This change …

Civil Rights In The Cold War, Carl W. Tobias

Law Faculty Publications

Review of Mary L. Dudziak, Cold War Civil Rights: Race and the Image of American Democracy (2000)

Discrimination, Plain And Simple, Henry L. Chambers, Jr.

Law Faculty Publications

Over the last decade, the Supreme Court has attempted to simplify Title VII and, with it, discrimination. This process began with the Court's decision in St. Mary's Honor Center v. Hicks, and continued in Sundowner Offshore Services, Inc. v. Oncale. In Hicks, the Court emphasized that the inquiry in a Title VII disparate treatment race-based case should be aimed solely at whether intentional discrimination occurred. In the process, the Court minimized the import of the three-part test for proving discrimination that had been announced twenty years earlier in McDonnell Douglas Corp. v. Green. In Oncale, the Court noted that any …

Discrimination, Plain And Simple, Henry L. Chambers, Jr.

Law Faculty Publications

This short essay is a brief examination of the Court's relatively recent attempts to simplify Title VII and employment discrimination; it is not intended to be a comprehensive review of the Court's discrimination jurisprudence. Rather, it seeks to identify a few concerns with and implications of the Court's apparent desire to simplify Title VII jurisprudence. Part I briefly examines how the Court has simplified employment discrimination through Hicks and Oncale. Part II examines how the Court's simplifications have been used. Part III suggests concerns that should accompany the Court's simplification.

A Unifying Theory Of Sex Discrimination, Henry L. Chambers, Jr.

Law Faculty Publications

The structure of this Article is as follows. Part I consists of a hypothetical situation which will be referenced throughout the Article to illustrate sex discrimination jurisprudence. Part II describes the Supreme Court's disparate treatment jurisprudence. Part III describes the Court's restructuring of sexual harassment jurisprudence. Finally, Part IV examines the elimination of the distinction between sexual harassment and disparate treatment and its implications, including the new hostile work environment disparate treatment claim.

Charlotte And The American Dilemma, Carl W. Tobias

Law Faculty Publications

Review of Davison Douglas, Reading, Writing and Race: The Desegregation of the Charlotte Schools (1995).

A Uniform Standard For Exemplary Damages In Employment Discrimination Cases, Judith J. Johnson

University of Richmond Law Review

The standards for exemplary damages in employment discrimination cases are in disarray. The major federal provisions that prohibit private employment discrimination, Title VII of the Civil Rights Act of 1964 ("Title VII"),2 42 U.S.C. § 1981 ("§ 1981"), the Age Discrimination in Employment Act ("ADEA"), and the Americans with Disabilities Act ("ADA"), all have an indistinguishably worded standard for assessing exemplary damages: "reckless indifference to federally protected rights."

Holding The Same-Sex Sexual Harassment Claim At Arm's Length: The Supreme Court's Strict [And Correct] Interpretation Of Title Vii In Oncale V. Sundowner Offshore Services, Inc., Thomas I. Queen Jr.

University of Richmond Law Review

Title VII of the Civil Rights Act of 1964 forbids an employer from "discriminat[ing] against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's ...sex." In addition to prohibiting discriminatory hiring practices based on the potential employee's sex, the Supreme Court has extended the language of Title VII to afford employees a remedy for sexual harassment in the workplace.

Students' Rights And How They Are Wronged, Nadine Strossen

University of Richmond Law Review

Defending and enhancing the rights of students and young people has always been a major priority for the American Civil Liberties Union. One reason is that the rights of our nation's youth are always especially embattled - not surprisingly, since they are not yet eligible to vote and, therefore, lack political power.

The Adea In The Wake Of Seminole, Edward P. Noonan

University of Richmond Law Review

Everyone, regardless of their sex or race, has at least one thing in common, we all get older. Nonetheless, attitudes about our elders in society differ depending on the context. Sometimes the aged are considered wise; other times they are considered incompetent. In 1967, Congress attempted to combat age discrimination in the workplace with the Age Discrimination in Employment Act (ADEA or the Act). Congress found that older Americans faced "disadvantages in their efforts to retain employment" which consisted of arbitrary age limits on employment notwithstanding that person's skill and job performance. Further, Congress prohibited arbitrary age discrimination in a …

Mediation And The Americans With Disabilities Act, Ann C. Hodges

Law Faculty Publications

This Article will analyze the potential uses of mediation in ADA disputes, focusing primarily on employment issues. Part II of the Article provides a description and analysis of the mediation process. Part III provides an overview of the ADA. Part IV examines the dispute resolution provisions of the ADA and both the current and proposed uses of alternative dispute resolution. Finally, Part V analyzes the use of mediation in ADA cases and recommends appropriate uses of mediation that will effectuate the purpose of the statute.