Civil Rights and Discrimination Commons^™

Environmental Inequity: Economic Causes, Economic Solutions, Thom Lambert, Christopher Boerner

Faculty Publications

The article examines one such shortcoming: namely, that existing research fails to account for the dynamic nature of the housing market. Analyzing data from the St. Louis metropolitan area, this study finds that economic factors--not siting discrimination--are behind many claims of environmental racism. This phenomenon suggests the need to develop public policies that fit the economic nature of the problem. In particular, a policy that compensates individuals living near industrial sites is the key to securing environmental justice.

Disparate Effects In The Criminal Justice System: A Response To Randall Kennedy's Comment And Its Legacy, Janai S. Nelson

Faculty Publications

For many African Americans, the criminal justice system symbolizes an oppressive force, and yet, is a necessary institution in an increasingly lawless society. African Americans are at the same time its victims and beneficiaries, although various sentiments exist regarding the extent to which they are either. It is precisely this paradox, coupled with the promulgation of certain criminal legislation and legal precedent which directly and, potentially, adversely affect the African-American community that inspired the author to address the issues and arguments raised in Randall Kennedy's The State, Criminal Law, and Racial Discrimination: A Comment, 107 Harv. L. Rev. 1255 (1994), …

The End Of Busing?, Davison M. Douglas

Faculty Publications

No abstract provided.

An Old Debate Continues Over Integrated Schools, Davison M. Douglas

Faculty Publications

No abstract provided.

Fairness In Civil Rights Arbitration, Douglas E. Abrams

Faculty Publications

No abstract provided.

The Business Necessity Defense In Disparate Impact Discrimination Cases, Susan Grover

Faculty Publications

No abstract provided.

Geographically Sexual?: Advancing Lesbian And Gay Interests Through Proportional Representation, Darren Rosenblum

Faculty Publications

(Excerpt)

In the 1993 New York City School Board elections, a system of proportional representation allowed lesbians and gay men to elect representatives of their choice. In response to the School Board's plan to introduce the Children of the Rainbow Curriculum, the New York City chapter of the Christian Coalition, an organization of the Christian Right, began an opposition campaign with the slogan "No Sodom on the Hudson" that pitted parents of color against so-called “rich white gays.” Having succeeded in forcing the school chancellor's resignation, the Christian Coalition formulated a plan for the takeover of all New York City …

Residential Zoning Regulations And The Perpetuation Of Apartheid, Janai S. Nelson

Faculty Publications

In January of 1996, the South African Parliament ratified the long-awaited Land Reform (Labour Tenants) Bill, which has engendered heated controversy since its inception. For many, the success of the Land Reform Bill portends the economic and political future of South Africa and is a gauge of apartheid's vital signs. Without land, most South Africans would remain in the same impoverished and disenfranchised conditions that they were in under the apartheid regime. With land, however, South Africans have an improved chance to achieve economic equality. Land reform and land use have become particularly crucial issues in light of President Mandela's …

The Ghosts Of Homer Plessy, Rodney A. Smolla

Faculty Publications

No abstract provided.

Remark: Brown V. Board: Revisited, Michael A. Middleton

Faculty Publications

[T]he Negro needs neither segregated schools nor mixed schools. What he needs is Education. What he must remember is that there is no magic, either in mixed schools or in segregated schools. A mixed school with poor and unsympathetic teachers, with hostile public opinion, and no teaching of truth concerning black folk, is bad. A segregated school with ignorant placeholders, inadequate equipment, poor salaries, and wretched housing, is equally bad. Other things being equal, the mixed school is the broader, more natural basis for the education of all youth. It gives wider contacts; it inspires greater self-confidence; and suppresses the …

Overcoming "Stigmas": Lesbian And Gay Districts And Black Electoral Empowerment, Darren Rosenblum

Faculty Publications

(Excerpt)

In the United States, historically, members of racial and sexual minority groups have been prevented from effectively participating in governmental decisionmaking because the political districting system denies them adequate representation in the political process. Following the 1990 census, blacks, in particular, saw significant gains in their political representation as a result of redistricting, only to suffer a sharp reduction of their voting rights with the U.S. Supreme Court's decisions in the Shaw and Miller cases. Whereas voting rights litigation once explored ways to prevent minority vote dilution, today's jurisprudence focuses on the ramifications of the "stigma" faced by blacks …

Interest Balancing And Other Limits To Judicially Managed Equal Educational Opportunity, Neal Devins

Faculty Publications

No abstract provided.

Denying Due Process In The Florida Courts: A Commentary On The 1994 Medicaid Third-Party Liability Act Of Florida, William W. Van Alstyne

Faculty Publications

No abstract provided.

Queer Intersectionality And The Failure Of Recent Lesbian And Gay "Victories", Darren Rosenblum

Faculty Publications

(Excerpt)

Amidst the juridical heterosexism of our legal system, the few successful lesbian and gay cases stand out as brilliant, hopeful harbingers of the future. With good cause, lesbian and gay people have hailed state cases that indicate Bowers v. Hardwick has not contaminated all American courts. Although termed "victories" for the lesbian and gay community, several recent New York cases exclude many queer legal needs. Four cases, Braschi v. Stahl Assoc., In the Matter of the Adoption of Evan, M.A.B. v. R.B. and Thomas S. v. Robin Y., embody the law's progress on lesbian and gay issues. This essay …

Parents' Religion And Children's Welfare: Debunking The Doctrine Of Parents' Rights, James G. Dwyer

Faculty Publications

The scope, weight, and assignment of parental rights have been the focus of much debate among legal commentators. These commentators generally have assumed that parents should have some rights in connection with the raising of their children. Rarely have commentators offered justifications for attributing rights to persons as parents, and when they have done so they have failed to subject those justifications to close scrutiny. This Article takes the novel approach of challenging parental rights in their entirety. The author explores the fundamental questions of what it means to say that individuals have rights as parents, and whether it is …

The Second Amendment And The Personal Right To Arms, William W. Van Alstyne

Faculty Publications

For many years, the Second Amendment was politely ignored, or summarily dismissed, by America's legal academy. In recent years, however, more and more law professors have begun taking the Second Amendment seriously. Professor William Van Alstyne, one of the nation's most respected Constitutional law professors, and the author of a leading Constitutional law casebook; offers his contribution in this essay. Van Alstyne suggests that the Second Amendment means exactly what it says: that individual citizens have a right, not merely a privilege, to own and carry firearms. He also commends the National Rifle Association for its constructive role as a …

From Crippled To Disabled: The Legal Empowerment Of Americans With Disabilities, Michael Ashley Stein

Faculty Publications

No abstract provided.

Civil Rights Act Of 1991, Neal Devins

Faculty Publications

No abstract provided.

The Quest For Freedom In The Post-Brown South: Desegregation And White Self-Interest, Davison M. Douglas

Faculty Publications

No abstract provided.

The University In The Manner Of Tiananmen Square, William W. Van Alstyne

Faculty Publications

No abstract provided.

Internal Dispute Resolution: The Transformation Of Civil Rights In The Workplace, John M. Lande, Lauren B. Edelman, Howard S. Erlanger

Faculty Publications

Many employers create internal procedures for the resolution of discrimination complaints. We examine internal complaint handlers' conceptions of civil rights law and the implications of those conceptions for their approach to dispute resolution. Drawing on interview data, we find that complaint handlers tend to subsume legal rights under managerial interests. They construct civil rights law as a diffuse standard of fairness, consistent with general norms of good management. Although they seek to resolve complaints to restore smooth employment relations, they tend to recast discrimination claims as typical managerial problems. While the assimilation of law into the management realm may extend …

Reagan Redux: Civil Rights Under Bush, Neal Devins

Faculty Publications

No abstract provided.

Attitudinal Barriers To Hiring Attorneys With Disabilities, Michael Ashley Stein

Faculty Publications

No abstract provided.

Book Review Of Race, Law, And American History, 1700-1990, Davison M. Douglas

Faculty Publications

No abstract provided.

Group Versus Individuals, Neal Devins

Faculty Publications

No abstract provided.

Second Thoughts On Rust V. Sullivan And The First Amendment, William W. Van Alstyne

Faculty Publications

No abstract provided.

Judicial Matters, Neal Devins

Faculty Publications

No abstract provided.

The Silenced Majority: Martin V. Wilks And The Legislative Response, Susan Grover

Faculty Publications

An American worker finds himself disadvantaged by an employer's affirmative action program. The worker heads for the courthouse, reverse discrimination complaint in hand. Will he be allowed to sue? Prior to the Supreme Court's 1989 Martin v. Wilks decision, the answer to that question tended to be "no." Wilks changed the answer to an emphatic ·yes." With the 1991 Civil Rights Act, the answer has become "probably not." This article discusses the bar against such challenges as developed through case law and recent congressional action. It addresses the implications that the new statutory bar will have for the structure of …

The Civil Rights Hydra, Neal Devins

Faculty Publications

No abstract provided.

The Limits Of "Liberal Republicanism": Why Group-Based Remedies And Republican Citizenship Don't Mix, Cynthia V. Ward

Faculty Publications

No abstract provided.