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Civil Rights and Discrimination Commons

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Washington and Lee University School of Law

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Articles 301 - 330 of 765

Full-Text Articles in Civil Rights and Discrimination

Masthead And Front Matter Jun 2016

Masthead And Front Matter

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Table Of Contents Jun 2016

Table Of Contents

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Debating Slavery And Empire In The Washington College Literary Societies, Alfred L. Brophy Jun 2016

Debating Slavery And Empire In The Washington College Literary Societies, Alfred L. Brophy

Washington and Lee Journal of Civil Rights and Social Justice

This paper examines the debates of the Washington and Graham Literary Societies at Washington College in the 1850s. It has two purposes. The first is to use the debate topics as a gauge of the issues on the minds of Washington College’s students, particularly as they related to slavery and empire. This is part of the growing literature on the intellectual history of the pre-Civil War South and of its connection to slavery, for issues of race and slavery were common in the debates. The second is a more theoretical point. I seek to intervene in the popular constitutionalism literature …


Different Script, Same Caste In The Use Of Passive And Active Racism: A Critical Race Theory Analysis Of The (Ab)Use Of “House Rules” In Race-Related Education Cases, Steven L. Nelson Jun 2016

Different Script, Same Caste In The Use Of Passive And Active Racism: A Critical Race Theory Analysis Of The (Ab)Use Of “House Rules” In Race-Related Education Cases, Steven L. Nelson

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Not Just A Game: The Employment Status And Collective Bargaining Rights Of Professional Esports Players, Hunter Amadeus Bayliss Jun 2016

Not Just A Game: The Employment Status And Collective Bargaining Rights Of Professional Esports Players, Hunter Amadeus Bayliss

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


The Power To Retaliate: How Nassar Strips Away The Protections Of Title Vii, Catherine Donnelly Jun 2016

The Power To Retaliate: How Nassar Strips Away The Protections Of Title Vii, Catherine Donnelly

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Rate Me: Risk Assessment Drones And The Resurrection Of Discriminatory Insurance Practices, Lucas M. Barta Jun 2016

Rate Me: Risk Assessment Drones And The Resurrection Of Discriminatory Insurance Practices, Lucas M. Barta

Washington and Lee Law Review

No abstract provided.


Masthead And Front Matter Mar 2016

Masthead And Front Matter

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Marriage, Monogamy, And Affairs: Reassessing Intimate Relationships In Light Of Growing Acceptance Of Consensual Non-Monogamy, Linda S. Anderson Mar 2016

Marriage, Monogamy, And Affairs: Reassessing Intimate Relationships In Light Of Growing Acceptance Of Consensual Non-Monogamy, Linda S. Anderson

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Protecting Human Trafficking Victims From Punishment And Promoting Their Rehabilitation: The Need For An Affirmative Defense, Francisco Zornosa Mar 2016

Protecting Human Trafficking Victims From Punishment And Promoting Their Rehabilitation: The Need For An Affirmative Defense, Francisco Zornosa

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Table Of Contents Mar 2016

Table Of Contents

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


The Pledge For The Public Good: A Student-Led Initiative To Incorporate Morality & Justice In Every Classroom, Alexi Freeman, Katherine Steefel Mar 2016

The Pledge For The Public Good: A Student-Led Initiative To Incorporate Morality & Justice In Every Classroom, Alexi Freeman, Katherine Steefel

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Practical Reasoning And The Application Of General Federal Regulatory Laws To Indian Nations, Alex T. Skibine Mar 2016

Practical Reasoning And The Application Of General Federal Regulatory Laws To Indian Nations, Alex T. Skibine

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Silence Or Noise?: The Future Of Public Employees Free Speech Rights And The United States Supreme Court’S Jurisprudence On The Scope Of The Right, Laura Dallago Mar 2016

Silence Or Noise?: The Future Of Public Employees Free Speech Rights And The United States Supreme Court’S Jurisprudence On The Scope Of The Right, Laura Dallago

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Birchfield V. North Dakota:Why The United States Supreme Court Should Rely On Riley V. California To Hold That Criminalizing A Suspect’S Refusal To Consent To A Warrantless Blood Test Violates The Fourth Amendment, Adam Lamparello, Cynthia Swann Mar 2016

Birchfield V. North Dakota:Why The United States Supreme Court Should Rely On Riley V. California To Hold That Criminalizing A Suspect’S Refusal To Consent To A Warrantless Blood Test Violates The Fourth Amendment, Adam Lamparello, Cynthia Swann

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Obergefell'S Missed Opportunity, Catherine Smith Jan 2016

Obergefell'S Missed Opportunity, Catherine Smith

Scholarly Articles

Part I of this article delineates the harms to children from marriage bans, harms that the Obergefell Court relied upon to recognize the fundamental right to marry for same-sex couples. Part II explains how Obergefell missed an opportunity to advance the constitutional rights of children by failing to invoke well-established equal protection law. This discussion briefly catalogues the omitted child-centered cases that warranted a more robust analysis of children's rights. This series of cases begins with the Brown v. Board of Education decision, and then turns to a number of post-Brown equal protection cases that explicitly prohibited state practices that …


Sexual Orientation Discrimination Under Title Vii After Baldwin V. Foxx, Ryan H. Nelson Nov 2015

Sexual Orientation Discrimination Under Title Vii After Baldwin V. Foxx, Ryan H. Nelson

Washington and Lee Law Review Online

The Equal Employment Opportunity Commission in Baldwin v. Foxx opined—for the first time—that employment discrimination based on sexual orientation violates Title VII of the Civil Rights Act of 1964. This Article tackles the two administrative law questions that Baldwin poses: what level of deference should a court afford Baldwin, and should such deference force that court to overturn precedent holding that sexual orientation discrimination lies beyond the purview of Title VII?

First, after the Supreme Court’s opinion in Barnhart, lower courts have split on whether Chevron Step Zero should be governed by the rule-of-law test announced in Christensen …


Masthead And Front Matter Mar 2015

Masthead And Front Matter

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Table Of Contents Mar 2015

Table Of Contents

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Editor's Note Mar 2015

Editor's Note

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


The Devil Is In The Details: The Supreme Court Erodes The Fourth Amendment In Applying Reasonable Suspicion In Navarette V. California, George M. Dery Iii, Kevin Meehan Mar 2015

The Devil Is In The Details: The Supreme Court Erodes The Fourth Amendment In Applying Reasonable Suspicion In Navarette V. California, George M. Dery Iii, Kevin Meehan

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Marriage, The Constitution, And The Future Of Family Law, Mark Strasser Mar 2015

Marriage, The Constitution, And The Future Of Family Law, Mark Strasser

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Private In Name Only: A Statutory And Constitutional Analysis Of Milwaukee’S Private School Voucher Program, Julie F. Mead Mar 2015

Private In Name Only: A Statutory And Constitutional Analysis Of Milwaukee’S Private School Voucher Program, Julie F. Mead

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


The Military's Sexual Assault Blind Spot, Eric R. Carpenter Mar 2015

The Military's Sexual Assault Blind Spot, Eric R. Carpenter

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Revival Of Substantive Equity: Increased Household Risk, Safety Valve Litigation And Availability Of The Erisa Stock Drop Jury, James F. Parker Mar 2015

Revival Of Substantive Equity: Increased Household Risk, Safety Valve Litigation And Availability Of The Erisa Stock Drop Jury, James F. Parker

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


A Failure To Rehabilitate: Leaving Disability Insurance Out Of The Mental Health Parity Debate, Christopher R. Wilson Mar 2015

A Failure To Rehabilitate: Leaving Disability Insurance Out Of The Mental Health Parity Debate, Christopher R. Wilson

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Centralized Prosecution: Cross-Designated Prosecutors And An Unconstitutional Concentration Of Power, Haley White Mar 2015

Centralized Prosecution: Cross-Designated Prosecutors And An Unconstitutional Concentration Of Power, Haley White

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Plyler Students At Work: The Case For Granting Law Licenses To Undocumented Immigrants, Lindy Stevens Mar 2015

Plyler Students At Work: The Case For Granting Law Licenses To Undocumented Immigrants, Lindy Stevens

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Big Philanthropy’S Unrestrained Influence On Public Education: A Call For Change, Noelle Quam Feb 2015

Big Philanthropy’S Unrestrained Influence On Public Education: A Call For Change, Noelle Quam

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Brief Of Scholars Of The Constitutional Rights Of Children Susannah W. Pollvogt, Catherine E. Smith, And Tanya Washington As Amici Curiae In Support Of Plaintiffs-Appellants And Reversal: Robicheaux V. Caldwell, Catherine E. Smith, Tanya Washington, Susannah W. Pollvogt Oct 2014

Brief Of Scholars Of The Constitutional Rights Of Children Susannah W. Pollvogt, Catherine E. Smith, And Tanya Washington As Amici Curiae In Support Of Plaintiffs-Appellants And Reversal: Robicheaux V. Caldwell, Catherine E. Smith, Tanya Washington, Susannah W. Pollvogt

Scholarly Articles

Amici are scholars and professors of family law and the law of equal protection. Amici submit this brief to respond directly to arguments advanced by the State of Louisiana that its laws prohibiting same-sex marriage2 are justified because they advance child welfare. Specifically, the State asserts that its laws advance child welfare by promoting Louisiana’s interest in: (1) linking children with their biological parents to prevent the social stigma associated with being “illegitimate” and (2) establishing the child as a member of an intact family resulting from the marriage of the mother and alleged father. These purported justifications express and …