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Articles 31 - 60 of 114
Full-Text Articles in Civil Rights and Discrimination
Reading Amendments And Expansions Of Title Vii Narrowly, Henry L. Chambers, Jr.
Reading Amendments And Expansions Of Title Vii Narrowly, Henry L. Chambers, Jr.
Law Faculty Publications
Throughout Title VII’s history, Congress has amended and expanded Title VII. Often, the Supreme Court has read such amendments and expansions narrowly, even as it generally reads Title VII broadly or narrowly depending on the case before it. The Court’s approach to Title VII expansions may merely indicate that the Court believes that such statutory alterations should be read only as broadly as necessary to effectuate their purposes. However, regardless of why the Court has interpreted these expansions narrowly, that the Court has done so suggests that Congress ought to consider carefully how it amends or expands Title VII in …
Race And Rapport: Homophily And Racial Disadvantage In Large Law Firms, Kevin Woodson
Race And Rapport: Homophily And Racial Disadvantage In Large Law Firms, Kevin Woodson
Law Faculty Publications
Over the past two decades, clients and other constituencies have pushed large law firms to pursue greater racial diversity in attorney hiring and retention. Although these firms have devoted extraordinary resources toward better recruiting and retaining attorneys of color, and despite a proliferation of “best practices” guides and diversity policy recommendations, these considerable efforts have yielded only modest gains. With respect to black attorneys in particular, the tide of racial progress in these firms has moved forward at a glacial pace, even ebbing and receding in recent years.
Although large law firms now hire significant numbers of black attorneys as …
Modern "Sappers And Miners": The Rehnquist And Roberts Courts And The Civil Rights Act Of 1964, Jonathan K. Stubbs
Modern "Sappers And Miners": The Rehnquist And Roberts Courts And The Civil Rights Act Of 1964, Jonathan K. Stubbs
Law Faculty Publications
o orient readers on what is at stake, Section I provides a brief overview of the substantive provisions of the Civil Rights Act of 1964. Section II considers reasons why the Act was premised on Congress' Commerce Clause authority rather than the enforcement power that the Constitution confers upon Congress under the Thirteenth and Fourteenth Amendments. Section III evaluates several recent Supreme Court decisions that give the Commerce Clause a restrictive interpretation. For illustrative purposes, this section ex- plores the impact on Title Two of the Act. Finally, the article closes with a few observations of the implications of the …
Marriage Equality Comes To Wisconsin, Carl W. Tobias
Marriage Equality Comes To Wisconsin, Carl W. Tobias
Law Faculty Publications
Marriage equality has swept America. Numerous federal judges, including Western District of Wisconsin Judge Barbara Crabb, have invalidated state proscriptions on same-sex marriage. This paper scrutinizes U.S. litigation, Crabb’s opinion, Seventh Circuit affirmance, and Supreme Court resolution. Finding that Wisconsin shows how to efficaciously institute full marriage equality, even as other states have not, the piece affords future suggestions.
Nondiscrimination In Insurance: The Next Chapter, Mary L. Heen
Nondiscrimination In Insurance: The Next Chapter, Mary L. Heen
Law Faculty Publications
Modern federal civil rights legislation prohibits race and gender discrimination in many important sectors of the American economy, including employment, education, public accommodations, housing, and credit. No comparable comprehensive federal civil rights legislation bans race and gender discrimination in the business of insurance-a business at the core of legal and social organization, culture, and finance. Why not?
Technology, Alienation, And The Future Of Litigation-Based Social Change, Dana Neacsu
Technology, Alienation, And The Future Of Litigation-Based Social Change, Dana Neacsu
Law Faculty Publications
This article addresses the apparent inconsistency of the impact technology has on the "rights vocabulary." It theorizes how, in certain circumstances, it erodes this progressive vocabulary by making it and the subsequent judicial litigation superfluous.
Crossing The Bridge: African-Americans And The Necessity Of A 21st Century Human Rights Movement, Marissa Jackson Sow
Crossing The Bridge: African-Americans And The Necessity Of A 21st Century Human Rights Movement, Marissa Jackson Sow
Law Faculty Publications
I had the honor of hearing Judge Joseph Greenaway give the keynote address at Columbia University's Black Law Students Association's Paul Robeson Gala in 2010. He gave a stirring speech, which has since been published in the Columbia Journal of Race and Law, entitled Have We Crossed the Bridge Yet? The title and theme of His Honor's speech is a reference to David Remnick's The Bridge: The Life and Rise of Barack Obama, which, in turn, invokes the metaphor of the bridge as a representation of the African-American struggle toward equality. ...
Lincoln, The Emancipation Proclamation And Executive Power, Henry L. Chambers, Jr.
Lincoln, The Emancipation Proclamation And Executive Power, Henry L. Chambers, Jr.
Law Faculty Publications
This Essay explores whether President Lincoln's Emancipation Proclamation, freeing all slaves held in areas designated by the President to be under rebellion onJanuary 1, 1863, could be justified as an exercise of his power under the Take Care Clause. Part I of this Essay discusses the legislation that preceded the Emancipation Proclamation. Part II discusses the Emancipation Proclamation. Part III discusses the Take Care Clause and how it might authorize significant parts of the Emancipation Proclamation, if not the entire document.
Watching The Watchers, Ronald J. Bacigal
Watching The Watchers, Ronald J. Bacigal
Law Faculty Publications
This article focuses on the threat that increasingly sophisticated technology can pose to individual privacy. However, the author would like to provide the “yin to the yang” and point out the obvious: technology itself is not the culprit, because it is a double-edged sword, a tool that can be used to protect as well as invade privacy. We need not endorse the single-minded approach of WikiLeaks to recognize the benefits that occur when technology discloses government cover-ups or simply provides accurate information where none previously existed.
The Cost Of Non-Compensable Workplace Harm, Henry L. Chambers, Jr.
The Cost Of Non-Compensable Workplace Harm, Henry L. Chambers, Jr.
Law Faculty Publications
This essay briefly addresses the limited fashion in which Title VII remedies sex discrimination in the workplace. Those limitations fall into three broad categories. The first encompasses how courts have applied procedural rules to Title VII claims. The second involves Title VII's explicit limitation on its coverage. The third includes substantive limitations that courts have placed on causes of action that are clearly covered by Title VII. This essay addresses those categories in turn.
The High Cost Of The Nation's Current Framework For Education Federalism, Kimberly J. Robinson
The High Cost Of The Nation's Current Framework For Education Federalism, Kimberly J. Robinson
Law Faculty Publications
This Article will show the consistent ways that the current understanding of education federalism within the United States has hindered three of the major reform efforts to promote a more equitable distribution of educational opportunity: school desegregation, school finance litigation, and, most recently, NCLB. In exploring how education federalism has undermined these efforts, this Article adds to the understanding of other scholars who have critiqued these reforms and examined why the nation has failed to guarantee equal educational opportunity. For example, scholars have argued that the failure to undertake earnest efforts to achieve equal educational opportunity is caused by a …
In Defense Of Implied Injunctive Relief In Constitutional Cases, John F. Preis
In Defense Of Implied Injunctive Relief In Constitutional Cases, John F. Preis
Law Faculty Publications
If Congress has neither authorized nor prohibited a suit to enforce the Constitution, may the federal courts create one nonetheless? At present, the answer mostly turns on the form of relief sought: if the plaintiff seeks damages, the Supreme Court will normally refuse relief unless Congress has specifically authorized it; in contrast, if the plaintiff seeks an injunction, the Court will refuse relief only if Congress has specifically barred it. These contradictory approaches naturally invite arguments for reform. Two common arguments-one based on the historical relationship between law and equity and the other based on separation of powers principles--could quite …
Slavery, Free Blacks And Citizenship, Henry L. Chambers, Jr.
Slavery, Free Blacks And Citizenship, Henry L. Chambers, Jr.
Law Faculty Publications
Reconstruction Amendments says about the nature of American citizenship. The essay is organized as follows. Part I of the essay explores citizenship and membership by discussing belonging-based citizenship and rights-based citizenship. Part II describes how American and African American citizenship were constructed prior to the passage of the Reconstruction Amendments. Part III notes a few cases to explain how the Reconstruction Amendment's jurisprudence has developed in the wake of Dred Scott v. Sandford' and possibly led to a tilt toward a rights-based citizenship rather than a somewhat more robust belonging-based citizenship.
A New Sheriff In Town: Armistice In The War On Drugs And Students' Civil Rights, Susan P. Stuart
A New Sheriff In Town: Armistice In The War On Drugs And Students' Civil Rights, Susan P. Stuart
Law Faculty Publications
No abstract provided.
How Shall The Constitution Be Enforced? A Preview Of Minneci V. Pollard, John F. Preis
How Shall The Constitution Be Enforced? A Preview Of Minneci V. Pollard, John F. Preis
Law Faculty Publications
Professor Preis discusses Minneci v. Pollard, a case he argued before the Supreme Court of the United States on behalf of his client (Pollard), a federal prisoner who had brought a civil rights action for various forms of mistreatment in alleged violation of the Eighth Amendment. He outlines his and Pollard's contention that federal courts should enforce the civil rights of prisoners without regard to the availability of equivalent tort relief under state common law.
The False Promise Of The Converse-1983 Action, John F. Preis
The False Promise Of The Converse-1983 Action, John F. Preis
Law Faculty Publications
The federal government is out of control. At least that's what many states will tell you. Not only is the federal government passing patently unconstitutional legislation, but its street-level officers are ignoring citizens' constitutional rights. How can states stop this federal juggernaut? Many are advocating a "repeal amendment, " whereby two-thirds of the states could vote to repeal federal legislation. But the repeal amendment will only address unconstitutional legislation, not unconstitutional actions. States can't repeal a stop-and-frisk that occurred last Thursday. States might, however, enact a so-called "converse-1983" action. The idea for converse-1983 laws has been around for some time …
A Brave New World Of Stop And Frisk, Ronald J. Bacigal
A Brave New World Of Stop And Frisk, Ronald J. Bacigal
Law Faculty Publications
In this article, the author Ron Bacigal discusses the editorials, The Shame of New York by Bob Herbert and Fighting Crime Where the Criminals Are by Heather MacDonald. These editorials were prompted by the New York City Police Department's release of figures regarding "stop and frisk" incidents within New York City.' MacDonald and Herbert reacted to the same statistical report by putting two very different spins on the raw data. While it's always helpful to compile empirical evidence, Bacigal suggests that we also need to look beyond the mere numbers. If you put aside anecdotal versions of encounters between minorities …
Gender-Based Affirmative Action And Reverse Gender Bias: Beyond Gratz, Parents Involved, And Ricci, Rosalie Levinson
Gender-Based Affirmative Action And Reverse Gender Bias: Beyond Gratz, Parents Involved, And Ricci, Rosalie Levinson
Law Faculty Publications
No abstract provided.
The Many Faces Of Iqbal, Rosalie Berger Levinson
The Many Faces Of Iqbal, Rosalie Berger Levinson
Law Faculty Publications
No abstract provided.
Illegal Aid: Legal Assistance To Immigrants In The United States, Geoffrey Heeren
Illegal Aid: Legal Assistance To Immigrants In The United States, Geoffrey Heeren
Law Faculty Publications
There is an enormous unmet need for immigrant legal aid in the United States. This is partly due to regulations that bar federally funded legal services organizations from representing many types of immigrants. The possible repeal of these restrictions is rarely discussed as a means to expand immigrant access to counsel. Federal funding for immigrant legal aid appears to have become taboo, despite the fact that for much of its history, legal aid was deeply connected to immigration. This forgotten history reveals that there was once broad national consensus in favor of immigrant legal aid; it became contentious and faced …
Mancession Or Momcession? Good Providers, A Bad Economy, And Gender Discrimination, Allison Anna Tait
Mancession Or Momcession? Good Providers, A Bad Economy, And Gender Discrimination, Allison Anna Tait
Law Faculty Publications
Against this backdrop of precarious and disappearing work, two new elements became important: who was out of work, and how those still employed were navigating bad jobs. These questions laid the foundation for a flood of stories concerning unemployment and bad employment. Unsurprisingly, gender played a leading role in the debates. This article will discuss these two concerns--employment and workplace discrimination-as they intersect with gender and gender stereotypes.
Equally Insured? Lasting Insurance Industry Reform Came Only With A Rethinking Of Race, Mary L. Heen
Equally Insured? Lasting Insurance Industry Reform Came Only With A Rethinking Of Race, Mary L. Heen
Law Faculty Publications
Earlier this decade, some of America’s best-known life insurance companies quietly settled multimillion-dollar civil rights lawsuits challenging race-based life insurance rates and benefits. As a result, those companies closed a chapter of American economic history that began after the Civil War with the door-to-door marketing of small individual life insurance policies to poor workers, including former slaves, and their families. The closing of this chapter in history also marked the end of a form of Jim Crow race discrimination largely invisible to the American public.
Congress Needs To Repair The Court's Damage To § 1983, Ivan E. Bodensteiner
Congress Needs To Repair The Court's Damage To § 1983, Ivan E. Bodensteiner
Law Faculty Publications
Today it is not unusual for a § 1983 plaintiff to establish a violation of the U.S. Constitution and resulting injuries, yet be denied damages because of the Supreme Court's misinterpretation of the 1871 statute. This anomaly is the result of several defenses created by the Court, including absolute and qualified immunity, the rejection of respondeat superior liability for municipalities, and the expansion of sovereign immunity, based, in part, on a misinterpretation of the Eleventh Amendment. Several other rulings of the Court narrow the circumstances under which private parties are subject to § 1983 liability, refuse to exempt § 1983 …
In Loco Parentis In The Public Schools: Abused, Confused, And In Need Of Change, Susan P. Stuart
In Loco Parentis In The Public Schools: Abused, Confused, And In Need Of Change, Susan P. Stuart
Law Faculty Publications
In loco parentis is a common law doctrine that has been used to characterize the on-campus relationship between a school and its students, but its abuse has led to such absurd cases as Safford Unified School District No.1 v. Redding. Although waning in higher education, the doctrine is experiencing a resurgence in elementary and secondary schools. As originally conceived, the doctrine was used primarily to justify and defend student disciplinary actions: the school stood in the shoes of the parent and had authority to discipline, almost at will. The doctrine, however, never seemed to have a corollary in the …
Clear As Mud: How The Uncertain Precedential Status Of Unpublished Opinions Muddles Qualified Immunity Determinations, David R. Cleveland
Clear As Mud: How The Uncertain Precedential Status Of Unpublished Opinions Muddles Qualified Immunity Determinations, David R. Cleveland
Law Faculty Publications
No abstract provided.
Intent And Empirics: Race To The Subprime, Carol N. Brown
Intent And Empirics: Race To The Subprime, Carol N. Brown
Law Faculty Publications
The United States’ history of racially discriminatory banking, housing, and property policies created a community of black Americans accustomed to exploitative financial services and vulnerable to victimization by subprime lenders. My thesis is that black borrowers are experiencing a new iteration of intentional housing discrimination in the twentieth and twenty-first centuries; lenders identified a vulnerable 'emerging market' of black homeowners and borrowers and knowingly targeted them to receive subprime or predatory loan products when equally situated white borrowers were given superior, prime mortgage products. This Article explores how disparate lending practices coupled with banking deregulation undermined the Congressional push for …
Women And Subprime Lending: An Essay Advocating Self-Regulation Of The Mortgage Lending Industry,Symposium On Law As Transformative Agent: Thinking And Doing Law In New Categories, Carol N. Brown
Law Faculty Publications
The subsequent national mortgage foreclosure crisis that seemed almost 5 uncontrollable by 2007 ignited a mortgage-related financial crisis that affected the global market place. News media, business reports, government investigations, 6 regulatory inquiries, and citizen suits focused national attention on the housing crisis and the problems attending what soon came to be known as the “mortgage meltdown.” A dual mortgage market had emerged in which subprime lending 7 disproportionately affected minorities (particularly blacks and Hispanics), women, and the elderly.8 Evidence of the disparate impact felt by certain minority borrowers is abundant and the evidence of gender disparities in subprime lending …
Time To Bury The Shocks The Conscience Test, Rosalie Berger Levinson
Time To Bury The Shocks The Conscience Test, Rosalie Berger Levinson
Law Faculty Publications
The Supreme Court has acknowledged that "the Due Process Clause, like its forebear in the Magna Carta, was 'intended to secure the individual from the arbitrary exercise of the powers of government'...to prevent governmental power from being 'used for purposes of oppression.'"1 Historically, Magna Carta was aimed a·t limiting the power of the king. Today, substantive due process is invoked to challenge arbitrary deprivations of life, liberty, and property by officials, such as police officers, jail guards, public-school educators, public employers, and members of zoning boards. However, the Supreme Court has emasculated its efficacy as a limitation on executive …
Resurrecting The Promise Of Brown: Understanding And Remedying How The Supreme Court Reconstitutionalized Segregated Schools, Kimberly J. Robinson
Resurrecting The Promise Of Brown: Understanding And Remedying How The Supreme Court Reconstitutionalized Segregated Schools, Kimberly J. Robinson
Law Faculty Publications
The Supreme Court's decision in Brown v. Board of Education held that separate educational facilities were "inherently unequal." After tolerating substantial delay and evasion of the requirements of Brown, the Court eventually required school districts to dismantle the dual systems by eliminating all traces of separate schools and creating integrated schools. In contrast to numerous scholars that have contended that many of the Court's later school desegregation decisions withdrew from or grew weary of school desegregation, this Article argues that the effect of many of the Court's leading school desegregation decisions was to reconstitutionalize segregated schools. Furthermore, the Court's …
Constitutional Enforcement By Proxy, John F. Preis
Constitutional Enforcement By Proxy, John F. Preis
Law Faculty Publications
Americans love their Constitution. But love, as we all know, is blind. This may explain why we often look to constitutional law to vindicate our civil rights while ignoring the potential of sub-constitutional law. Federal courts have not ignored this possibility, however, and have increasingly forced civil rights plaintiffs to seek relief using sub-constitutional law where it is available. A victim of discrimination, for example, might be denied the chance to invoke the Equal Protection Clause and told instead to rely on a federal antidiscrimination statute. In this and other cases, courts seem to believe that constitutional rights can be …