Civil Rights and Discrimination Commons^™

Contraception Matters: Rights, Class, And Context, Naomi Cahn

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

I Pledge Allegiance To The Party: Reclaiming The Associational Rights Of Independent Voters In Open Primaries, C. Alan Carrillo

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

What Is Life? Geriatric Release And The Conflicting Definitions Of “Meaningful Opportunity For Release”, Anthony Gunst

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Battle Of The Backlog: How Congressional Inaction Threatens The Integrity Of Medicare, Joshua M. Kaplan

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Expert Report Of Catherine Smith, J.D.: Juliana V. United States, Catherine Smith

Scholarly Articles

The Founders created the architecture for the rights of children to self-determination and protection from the sins of their forebears. A central tenet of our democracy is that government, including these federal defendants, should not deprive children (the next generation) of the foundational elements of their lives, liberties or property and should not impose hardships on them for matters of which they have no control. This historical tradition and intent of the Founders of our nation has not always been realized, but has evolved over time as our society gains new insights and understandings of children and our notions of …

Masthead And Front Matter

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Table Of Contents

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

A Blueprint For A Fairer Aba Standard For Judging Law Graduates’ Competence: How A Standard Based On Students’ Scores In Relation To The National Mean Mbe Score Properly Balances Consumer Safety With Increased Diversity In The Bar, William Wesley Patton

Washington and Lee Journal of Civil Rights and Social Justice

Current and recently proposed American Bar Association (ABA) standards regarding students’ bar passage rates have a significant disparate impact on states that have adopted difficult bar examination passage standards (the Multistate Bar Exam (MBE cut scores). Many scholars have demonstrated that the ABA bar passage standards have a negative impact on diversity in the bar by discouraging law schools from enrolling large numbers of minority students, who have, traditionally, performed below state mean in passage rates on the exam. This study presents a new and supplemental standard for the ABA to use in monitoring student outcome measures and law schools’ …

Can The Burning Of Holy Books Ever Be Justified?, Waseem Ahmad Qureshi

Washington and Lee Journal of Civil Rights and Social Justice

While exploring the historical context of the burning of books during the times of Qin Shi Huang, the first emperor of unified China, the European Dark Ages, the colonial era, the Nazi Germany era, Iranian triumphs, and contemporary instances of the burning of literature, comics, and history, philosophy, and religious books,this paper identifies “freedom of expression” as the underlyingprinciple for the burning of holy books, an action that eventually fuels religious hatred, public disorder, and violence in society. Notwithstanding such consequences, Pastor Terry Jonesannounced an event calling for the burning of the Holy Qur’an onthe ninth anniversary of the 9/11 …

Corporate Masters & Low-Wage Servants: The Social Control Of Workers In Poverty, Nantiya Ruan

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Hogan V. Gawker: A Leg-Drop On The First Amendment, Aubrey Morin

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Violating Victims’ Right To Privacy And Personal Autonomy Under Virginia’S New Mandatory Reporting Requirements, Anne P. Steel

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Contemplating Masterpiece Cakeshop, Terri R. Day, Danielle Weatherby

Washington and Lee Law Review Online

Next term, in Masterpiece Cakeshop v. Colorado Civil Rights Commission, the Supreme Court will consider whether a baker’s religious objection to same-sex marriage justifies his violation of Colorado’s public accommodation law in refusing to bake a cake for a same-sex wedding. At the centerpiece of Masterpiece Cakeshop is a clash between the First Amendment’s Free Exercise Clause and the Fourteenth Amendment’s Equal Protection Clause or, more precisely, the principles of equality in commercial life as grounded in Colorado’s public accommodation law. In exploring the purpose inherent in regulating private conduct through public accommodation laws, this Essay suggests that …

Table Of Contents

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Masthead And Front Matter

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Property Rights And Freedom: The Keys To Improving Life In Indian Country, Adam Crepelle, Walter E. Block

Washington and Lee Journal of Civil Rights and Social Justice

American Indians are at the bottom of nearly every indicator of welfare and have been since the founding of the United States. The present paper focuses on but two of the causal agents: lack of private property rights and a dearth of economic freedom. Although addressing these issues will not solve all of Indian country’s problems, strengthening property rights and improving economic freedom will generate opportunities for American Indians to improve their economic and social well-being. This recommendation is easy to implement and aligns well with tribal culture pre-contact.

Civil Rights Remedies In Higher Education: Jurisprudential Limitations And Lost Moments In Time, Lia Epperson

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

The Current State Of Election Law In The United States, Mark Rush

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Overtime: Are Public Employees Compensated For Working Extra Hours?, Thomas P. Dematteo

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

An Examination Of Trans Fat Labeling: Splitting The Third & Ninth Circuit, Jack Gainey

Washington and Lee Journal of Civil Rights and Social Justice

At first glance, consumer claims alleging misleading labeling would seem to find a simple resolution. Under 21 U.S.C. § 343, which governs misbranded food, a food product is misbranded if “its labeling is false or misleading.” However, controversial interpretation of seemingly straightforward statutory language, together with evolving case law, have blurred a once clear picture. Disagreement over the federal preemption of consumer claims regarding trans fat, underscored by a dispute regarding standing, have combined to create a divergence of opinions between courts across the country.

In 2011, the United States District Court for the Northern District of California considered a …

Virginia’S Interpretation Of Ake V. Oklahoma: A Hollow Right, Andrew Monaghan Higgins

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

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

Washington and Lee Law Review

No abstract provided.

Racial Profiling In The Era Of Black De-Constitutionalism, Donald F. Tibbs

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Table Of Contents

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

“Lord Forgive Me, But He Tried To Kill Me”*: Proposing Solutions To The United States’ Most Vexing Racial Challenges, André Douglas Pond Cummings

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Defense Support Of Civil Authorities: An Examination Of Trends Impacting Upon Police Militarization, Kevin H. Govern

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Tinker, Taylor, Schoolhouse, Speech: The Impact Of The Internet And Social Media On Public School Administrators’ Authority To Control Student Speech, Olivia Broderick

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

The No-Fly List: The New Redress Procedures, Criminal Treatment, And The Blanket Of “National Security”, Chelsea Creta

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Can You Hear Me Now? The Reasonableness Of Sending Notice Through Text Messages And Its Potential Impact On Impoverished Communities, Caley Degroote

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

When More Is Less—Swat And Procedural Justice, Timothy C. Macdonnell

Washington and Lee Journal of Civil Rights and Social Justice

Since the “war on drugs” began in the early 1970s the use of Special Weapons and Tactics units has increased exponentially. These units, originally designed to address unique policing situations like riots or a barricaded gun man, are now deploying approximately 60,000 times a year. Over half of those deployments are for search warrants. Because SWAT units deploy assuming that they are going to a situation with a high likelihood of violence, their tactics reflect that assumption. SWAT means and methods emphasize the decisive use of force to resolve conflicts. These means and methods do not encourage communication between police …