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Civil Rights and Discrimination Commons™

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Touro Law Review

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Articles 31 - 60 of 217

Full-Text Articles in Civil Rights and Discrimination

This Aggression Will Not Stand, Schools: The Need For Federal Legislation Protecting Bullied Students With Disabilities, Russell A. Vogel Jan 2022

This Aggression Will Not Stand, Schools: The Need For Federal Legislation Protecting Bullied Students With Disabilities, Russell A. Vogel

Touro Law Review

A boy with Autism comes home from school, visibly upset. His parents ask him why, and he responds that nobody in his class likes him. To his parents’ horror, they learn that their son’s teacher encouraged a class discussion about why they dislike their son. When the boy’s parents complain to the school about this issue, school administrators brush it aside. The next day, students sitting near the boy move their desks away from him and taunt him for the way he acts every time he tries to socialize with them. The boy then refuses to go to school each …


The Life And Work Of Robert Cover- Robert Cover’S Social Activism And Its Jewish Connections, Stephen Wizner Jan 2022

The Life And Work Of Robert Cover- Robert Cover’S Social Activism And Its Jewish Connections, Stephen Wizner

Touro Law Review

No abstract provided.


Robert Cover And Critical Race Theory, Gabriel J. Chin Jan 2022

Robert Cover And Critical Race Theory, Gabriel J. Chin

Touro Law Review

Professor Robert Cover is recognized as a leading scholar of law and literature; decades after his untimely passing, his works continue to be widely cited. Because of his interest in narrative, he is credited as a contributor to the development of Critical Race Theory. This essay proposes that in addition to narrative, some of his other, substantive works about race were also important precursors to a more sophisticated appreciation of U.S. race relations. Professor Cover is also entitled to credit for understanding racism as a pervasive system, and one which went beyond Black and White.


Nomos And Nation: On Nation In An Age Of “Populism”, John Valery White Jan 2022

Nomos And Nation: On Nation In An Age Of “Populism”, John Valery White

Touro Law Review

Robert Cover’s Nomos and Narrative points to the need to recognize a second, novel dimension for understanding rights. His concept of nomos, applied to competing notions of nation in pluralistic societies, suggests that the current dimension for understanding rights, which conceives of them fundamentally as protections for the individual against the state, is too narrow. Rather a second dimension, understanding rights of individuals against the nation, and aimed at ensuring individuals’ ability to participate in the development of an idea of nation, is necessary to avoid “a total crushing of the jurisgenerative character” of nomoi by the state, or by …


Reflections On Nomos: Paideic Communities And Same Sex Weddings, Marie A. Failinger Jan 2022

Reflections On Nomos: Paideic Communities And Same Sex Weddings, Marie A. Failinger

Touro Law Review

Robert Cover’s Nomos and Narrative is an instructive tale for the constitutional battle over whether religious wedding vendors must be required to serve same-sex couples. He helps us see how contending communities’ deep narratives of martyrdom and obedience to the values of their paideic communities can be silenced by the imperial community’s insistence on choosing one community’s story over another community’s in adjudication. The wedding vendor cases call for an alternative to jurispathic violence, for a constitutionally redemptive response that prizes a nomos of inclusion and respect for difference.


There’S No “Gender” In Team: Developing State Policies For The Inclusion Of The Transgender Interscholastic Athlete, Brianna Weppler Jan 2022

There’S No “Gender” In Team: Developing State Policies For The Inclusion Of The Transgender Interscholastic Athlete, Brianna Weppler

Touro Law Review

The transgender athlete is a relatively new concept challenging the norm of gender division in sports. Multiple states across the United States have yet to update their policies to include the transgender athlete in interscholastic athletics. State policies that do include transgender student athletes are currently being challenged on the grounds that they violate Title IX of the Educational Amendments to the 1964 Civil Rights Act. This review considers the different state policies dictating the inclusion of transgender student athletes in school sports. After evaluating the impact of omitting transgender students from participating on sports teams, this review maintains that …


The Deliberate Indifference Standard: A Broken Promise To Protect And Serve The Mentally Ill, Katherine R. Carroll Jan 2021

The Deliberate Indifference Standard: A Broken Promise To Protect And Serve The Mentally Ill, Katherine R. Carroll

Touro Law Review

No abstract provided.


Deplatformed: Social Network Censorship, The First Amendment, And The Argument To Amend Section 230 Of The Communications Decency Act, John A. Lonigro Jan 2021

Deplatformed: Social Network Censorship, The First Amendment, And The Argument To Amend Section 230 Of The Communications Decency Act, John A. Lonigro

Touro Law Review

No abstract provided.


Racial Bias Still Exists In Criminal Justice System? A Review Of Recent Empirical Research, Yu Du Jan 2021

Racial Bias Still Exists In Criminal Justice System? A Review Of Recent Empirical Research, Yu Du

Touro Law Review

The debate on whether racial bias is still embedded in the criminal justice (CJ) system today has reached its plateau. One recent article in the Washington Post has claimed an overwhelming evidence of racial bias in the CJ system. Whereas some scholars argue that racial disparity is an epitome of real crime rates, others indicate that implicit and/or explicit racial bias against Blacks held by law enforcement agents persists in the system. This review considers both supporting arguments and relevant counterarguments. After evaluating empirical and rigorous research during the past five years, the review maintains that racial bias still exists …


Rbg And Gender Discrimination, Eileen Kaufman Jan 2021

Rbg And Gender Discrimination, Eileen Kaufman

Touro Law Review

No abstract provided.


My Friend, Charles Reich, Hon. Guido Calabresi Jan 2021

My Friend, Charles Reich, Hon. Guido Calabresi

Touro Law Review

No abstract provided.


How Increased Legal Representation Can Close The Gap In Special Education Discrepancies, Todd Carney Jan 2021

How Increased Legal Representation Can Close The Gap In Special Education Discrepancies, Todd Carney

Touro Law Review

This piece looks at how the existing education regime has led to disparities between white and minority students. The paper finds that the disparity gets even worse when special education is factored in. The reason so many low-income and minority students with disabilities receive such a poor education is that they do not have the proper legal representation to demand the rights that they are guaran- teed under US law. This paper looks at how low-income and minority families have been cheated out of proper legal representation in other areas and how receiving the necessary legal representation can lead to …


Males Need Not Apply: Assessing The Legality Of American University Business Law Review's All-Female Issue, Michael Conklin Jan 2021

Males Need Not Apply: Assessing The Legality Of American University Business Law Review's All-Female Issue, Michael Conklin

Touro Law Review

No abstract provided.


Ruth Bader Ginsburg, Wise Legal Giant, Thomas A. Schweitzer Jan 2021

Ruth Bader Ginsburg, Wise Legal Giant, Thomas A. Schweitzer

Touro Law Review

No abstract provided.


Wearing My Crown To Work: The Crown Act As A Solution To Shortcomings Of Title Vii For Hair Discrimination In The Workplace, Margaret Goodman Jan 2021

Wearing My Crown To Work: The Crown Act As A Solution To Shortcomings Of Title Vii For Hair Discrimination In The Workplace, Margaret Goodman

Touro Law Review

No abstract provided.


Rights And Obligations: Commemorating The 30th Anniversary Of The Americans With Disabilities Act Of 1990, Sharon Shapiro-Lacks Jan 2021

Rights And Obligations: Commemorating The 30th Anniversary Of The Americans With Disabilities Act Of 1990, Sharon Shapiro-Lacks

Touro Law Review

No abstract provided.


In Memoriam, Marvin Schick, Pioneer In The Study Of Courts, Jeffrey B. Morris Jan 2021

In Memoriam, Marvin Schick, Pioneer In The Study Of Courts, Jeffrey B. Morris

Touro Law Review

No abstract provided.


How Actions Affirm: Reflections On The Question Of Affirmative Action, Doron Menashe Jan 2020

How Actions Affirm: Reflections On The Question Of Affirmative Action, Doron Menashe

Touro Law Review

No abstract provided.


Establishment Of Religion Supreme Court Appellate Division Third Department Jul 2019

Establishment Of Religion Supreme Court Appellate Division Third Department

Touro Law Review

No abstract provided.


Equal Protection Supreme Court Appellate Division Third Department Jul 2019

Equal Protection Supreme Court Appellate Division Third Department

Touro Law Review

No abstract provided.


Due Process Supreme Court Rockland County Jul 2019

Due Process Supreme Court Rockland County

Touro Law Review

No abstract provided.


Due Process Supreme Court Appellate Division Third Department Jul 2019

Due Process Supreme Court Appellate Division Third Department

Touro Law Review

No abstract provided.


Due Process Supreme Court Appellate Division Second Department Jul 2019

Due Process Supreme Court Appellate Division Second Department

Touro Law Review

No abstract provided.


Due Process Supreme Court Appellate Division Jul 2019

Due Process Supreme Court Appellate Division

Touro Law Review

No abstract provided.


Due Process Pringle V. Wolfe (Decided 28, 1996) Jul 2019

Due Process Pringle V. Wolfe (Decided 28, 1996)

Touro Law Review

No abstract provided.


Supreme Court Queens County Jul 2019

Supreme Court Queens County

Touro Law Review

No abstract provided.


Double Jeopardy Jul 2019

Double Jeopardy

Touro Law Review

No abstract provided.


Double Jeopardy Supreme Court Appellate Division Second Department Jul 2019

Double Jeopardy Supreme Court Appellate Division Second Department

Touro Law Review

No abstract provided.


Double Jeopardy Jul 2019

Double Jeopardy

Touro Law Review

No abstract provided.


Battling Implicit Bias In The Idea To Advocate For African American Students With Disabilities, Dustin Rynders Jan 2019

Battling Implicit Bias In The Idea To Advocate For African American Students With Disabilities, Dustin Rynders

Touro Law Review

No abstract provided.