Civil Rights and Discrimination Commons^™

Desperate Times Call For Desperate Measures: Reclassifying Drug Possession Offense In Response To The Indigent Defense Crisis, Kaitlin C. Gratton

William & Mary Law Review

No abstract provided.

Tragic Rights: The Rights Critique In The Age Of Obama, Robin L. West

William & Mary Law Review

No abstract provided.

The Importance Of Immutability In Employment Discrimination Law, Sharona Hoffman

William & Mary Law Review

This Article argues that recent developments in employment discrimination law require a renewed focus on the concept of immutable characteristics. In 2009, two new laws took effect: the Genetic Information Nondiscrimination Act (GINA) and the Americans with Disabilities Act Amendments Act (ADAAA). This Article’s original contribution is an evaluation of the employment discrimination statutes as a corpus of law in light of these two additions.

The Article thoroughly explores the meaning of the term “immutable characteristic” in constitutional and employment discrimination jurisprudence. It postulates that immutability constitutes a unifying principle for all of the traits now covered by the employment …

Plausibility Pleading Employment Discrimination, Charles A. Sullivan

William & Mary Law Review

The Supreme Court’s unanimous 2002 decision in Swierkiewicz v. Sorema N.A., which took a very permissive approach to pleading discrimination claims, may or may not remain good law after Ashcroft v. Iqbal. As is well known, Iqbal took a restrictive approach to pleading generally under the Federal Rules of Civil Procedure, and its application to employment discrimination cases could pose serious problems for plaintiffs attempting to get into federal court. In addition, there is certainly a tension between Swierkiewicz and Iqbal. This is in part because the former is a strong reaffirmation of notice pleading as it has traditionally been …

The Supreme Court's Post-Racial Turn Towards A Zero-Sum Understanding Of Equality, Helen Norton

William & Mary Law Review

The Supreme Court—along with the rest of the country—has long divided over the question whether the United States has yet achieved a “post-racial” society in which race no longer matters in significant ways. How, if at all, this debate is resolved carries enormous implications for constitutional and statutory antidiscrimination law. Indeed, a post-racial discomfort with noticing and acting upon race supports a zero-sum approach to equality: if race no longer matters to the distribution of life opportunities, a decision maker’s concern for the disparities experienced by members of one racial group may be seen as inextricable from its intent to …

Paging Dr. Google: Personal Health Records And Patient Privacy, Colin P. Mccarthy

William & Mary Law Review

No abstract provided.

Unlocking The Power Of State Constitutions With Equal Protection: The First Step Toward Education As A Federally Protected Right, Derek W. Black

William & Mary Law Review

This Article analyzes the intersection of state constitutional law right at stake and the responsibility for enforcing it. Thus, the scrutiny of this right under federal equal protection would be far different than it was just a few decades ago. Given the states’ weakened ability to enforce these rights, the future of education equity depends on federal intervention. with federal equal protection, revealing how federal equal protection, by relying on state constitutional education standards, can force states to further equalize and increase the resources available to struggling schools. It begins by exploring the extent of inequality and inadequacy in our …

The Vote From Beyond The Grave, Krysta R. Edwards

William & Mary Law Review

No abstract provided.

How To Write A Life: Some Thoughts On Fixation And The Copyright/Privacy Divide, Laura A. Heymann

William & Mary Law Review

No abstract provided.

How Wide Should The Actual Innocence Gateway Be? An Attempt To Clarify The Miscarriage Of Justice Exception For Federal Habeas Corpus Proceedings, Jennifer Gwynne Case

William & Mary Law Review

No abstract provided.

The Continuing Drift Of Federal Sovereign Immunity Jurisprudence, Gregory C. Sisk

William & Mary Law Review

With the enduring doctrine of federal sovereign immunity, it is too late in the day to suggest that the United States should be treated as an ordinary party in the federal courts. Yet as the Supreme Court has become more comfortable with the increasingly common encounter with a statutory waiver of immunity, the rigidity of interpretive approach has eased. An early jaundiced judicial attitude has resolved into a greater respect for the legislative promise of relief to those harmed by their government. After sketching the history of statutory waivers over the past century-and-a-half and examining Supreme Court decisions across the …

Reconstructing The Race-Sex Analogy, Serena Mayeri

William & Mary Law Review

In the standard account, American sex equality law rests on a partial and imperfect analogy to race, developed in the 1970s by feminists intent on establishing formal equality between men and women, and embraced, albeit selectively and uneasily, by lawmakers and judges. But this account, although containing important elements of truth, obscures the creative ways that advocates turned the tables, arguing that principles developed in sex equality jurisprudence could expand the availability of remedies for racial injustice. This Article explores one example of this phenomenon: efforts, led by Ruth Bader Ginsburg, to use the emerging constitutional distinction between detrimental and …

Bias On The Bench: Raising The Bar For U.S. Immigration Judges To Ensure Equality For Asylum Seekers, Lindsey R. Vaala

William & Mary Law Review

No abstract provided.

Discrimination And Outrage: The Migration From Civil Rights To Tort Law, Martha Chamallas

William & Mary Law Review

It is not always appreciated that proven discrimination on the basis of race or sex may not amount to a tort and that even persistent racial or sexual harassment may not be enough to qualify for tort recovery. This Article explores the question of whether discriminatory and harassing conduct in the workplace is or should be considered outrageous conduct, actionable under the tort of intentional infliction of emotional distress. In recent years, courts have taken radically different approaches to the issue, from holding that such claims are preempted to treating the infliction tort as a reinforcement of civil rights principles. …

Unconstitutional Conditional Release: A Pyrrhic Victory For Arrestees' Privacy Rights Under United States V. Scott, Andrew J. Smith

William & Mary Law Review

No abstract provided.

When 2 Or 3 Come Together, Tracey L. Meares, Kelsi Brown Corkan

William & Mary Law Review

This Article investigates policies that are responsive to crime in disadvantaged, urban neighborhoods from a community-based context. The vehicle is an analysis of a community-wide prayer vigil held in Chicago in May of 1997. The vigil resulted from a collaboration between the Chicago Police Department and hundreds of mostly African-American churches on Chicago's West Side. Strikingly, the local police district's commander facilitated the vigil. The Article explains the sociological and political significance of this collaboration by drawing on the "Chicago School" of urban sociology, and demonstrating theoretically and empirically the potential for collaboration, through the integration of key community institutions, …

The Diversity Rationale For Affirmative Action In Employment After Grutter: The Case For Containment, Jared M. Mellot

William & Mary Law Review

No abstract provided.

Medicaid And The Enforceable Right To Receive Medical Assistance: The Need For A Definition Of "Medical Assistance", Kenneth R. Wiggins

William & Mary Law Review

No abstract provided.

Disparate Impact: Looking Past The Desert Palace Mirage, Charles A. Sullivan

William & Mary Law Review

No abstract provided.

A Jury Of One's Peers: Virginia's Restoration Of Rights Process And Its Disproportionate Effect On The African American Community, Amanda L. Kutz

William & Mary Law Review

No abstract provided.

Circling Back To The Obvious: The Convergence Of Traditional And Reverse Discrimination In Title Vii Proof, Charles A. Sullivan

William & Mary Law Review

No abstract provided.

When Equality Leaves Everyone Worse Off: The Problem Of Leveling Down In Equality Law, Deborah L. Brake

William & Mary Law Review

No abstract provided.

Gimme Shelter: Does The Fair Housing Amendments Act Of 1988 Require Accommodations For The Financial Cirumstances Of The Disabled?, Brian R. Rosenau

William & Mary Law Review

No abstract provided.

Connecting The Dots: Grutter, School Desegregation, And Federalism, Wendy Parker

William & Mary Law Review

No abstract provided.

Disability Harassment In The Public Schools, Mark C. Weber

William & Mary Law Review

No abstract provided.

Determining The Intended Beneficiaries Of The Ada In The Aftermath Of Sutton: Limiting The Application Of The Disabling Corrections Corollary, Richard C. Dunn

William & Mary Law Review

No abstract provided.

Rethinking The History Of American Freedom, Michael J. Klarman

William & Mary Law Review

No abstract provided.

Reflections On Coercing Privacy, Neal Devins

William & Mary Law Review

No abstract provided.

Conceptual Gulfs In City Of Boerne V. Flores, Douglas Laycock

William & Mary Law Review

No abstract provided.

Adarand Constructors, Inc. V. Pena And The Continuing Irrelevance Of Supreme Court Affirmative Action Decisions, Neal Devins

William & Mary Law Review

No abstract provided.