Open Access. Powered by Scholars. Published by Universities.®

Civil Rights and Discrimination Commons™

Open Access. Powered by Scholars. Published by Universities.®

1996

Discipline
Institution
Keyword
Publication
Publication Type

Articles 121 - 150 of 204

Full-Text Articles in Civil Rights and Discrimination

Drawing The Line On Incumbency Protection, Sally Dworak-Fisher Jan 1996

Drawing The Line On Incumbency Protection, Sally Dworak-Fisher

Michigan Journal of Race and Law

In an effort to fill the void in scholarly debate and legal analysis, this Note evaluates incumbency protection as a redistricting principle and analyzes its treatment in various court opinions. After arguing that protecting incumbents is not a legitimate redistricting objective, this Note illustrates how the Supreme Court and lower federal courts have been reluctant to pass judgment on incumbency protection. This Note contrasts this "hands-off" approach to the strict scrutiny afforded claims of racial gerrymandering and argues that such an approach enables incumbents to manipulate the Voting Rights Act for their self-interest. Additionally, this Note argues that incumbents, a …

Go to article

Constitutionally Defending Marriage: The Defense Of Marriage Act, Romer V. Evans And The Cultural Battle They Represent, Leonard G. Brown Iii Jan 1996

Constitutionally Defending Marriage: The Defense Of Marriage Act, Romer V. Evans And The Cultural Battle They Represent, Leonard G. Brown Iii

Campbell Law Review

No abstract provided.

Go to article

Speaking The Language Of Exclusion: How Equal Protection And Fundamental Rights Analyses Permit Language Discrimination (Comment), Donna F. Coltharp Jan 1996

Speaking The Language Of Exclusion: How Equal Protection And Fundamental Rights Analyses Permit Language Discrimination (Comment), Donna F. Coltharp

Faculty Articles

No abstract provided.

Go to article

Admissibility Of Investigatory Reports In § 1983 Civil Rights Actions - A User's Manual, Martin A. Schwartz Jan 1996

Admissibility Of Investigatory Reports In § 1983 Civil Rights Actions - A User's Manual, Martin A. Schwartz

Scholarly Works

No abstract provided.

Go to article

Affirmative Action: A Rose By Any Other Name, Kingsley R. Browne Jan 1996

Affirmative Action: A Rose By Any Other Name, Kingsley R. Browne

Law Faculty Research Publications

No abstract provided.

Go to article

Anita Hill Meets Godzilla: Confessions Of A Horror Movie Fan, Wendy B. Scott Jan 1996

Anita Hill Meets Godzilla: Confessions Of A Horror Movie Fan, Wendy B. Scott

Journal Articles

The cases and events discussed in this Essay involve African- American women who have confronted oppression in the civil and criminal courts, and other arenas, in both celebrated and unsung victories: victories not only for Black women, but for women and men of all hues who seek social justice. I will use these cases and events to illustrate the relationship between stereotypes and myths, born during the antebellum and Jim Crow era, and contemporary manifestations of sexual harassment and other forms of sex-based exploitation. I will go on to discuss the means used by women, in the workplace of chattel …

Go to article

Rethinking Religion And Public School Education, Marjorie A. Silver Jan 1996

Rethinking Religion And Public School Education, Marjorie A. Silver

Scholarly Works

No abstract provided.

Go to article

Natives, Newcomers And Nativism: A Human Rights Model For The Twenty-First Century, Berta E. Hernández-Truyol Jan 1996

Natives, Newcomers And Nativism: A Human Rights Model For The Twenty-First Century, Berta E. Hernández-Truyol

UF Law Faculty Publications

This article undertakes a broad overview of nativist sentiment and discrimination in U.S. social and legal history. Following a powerful vignette of a personal experience encountering nativism because of her accent, the author briefly reviews the history of the New York City Human Rights Commission in Part II. Part III traces the history of U.S. immigration and the parallel legacy of nativism, while Part IV details the legal developments arising from alienage discrimination. After reviewing relevant sources of international human rights law, the author concludes in Part VI by advocating a new human rights paradigm that will promote equality and …

Go to article

Insurance Discrimination Against Battered Women: Proposed Legislative Protections, Ellen J. Morrison Jan 1996

Insurance Discrimination Against Battered Women: Proposed Legislative Protections, Ellen J. Morrison

Indiana Law Journal

No abstract provided.

Go to article

Short Circuit: The Overselling Of Television In Politics, Larry S. Gibson Jan 1996

Short Circuit: The Overselling Of Television In Politics, Larry S. Gibson

Faculty Scholarship

Television and now the Internet are at the forefront of American political campaigning but many local elections are won on the ground with little or no investment in television. This piece, originally developed as a book proposal, examines the development of political campaigns in Baltimore, Maryland and nationally with a particular emphasis on the experience of African American candidates.

Go to article

Mediation And The Americans With Disabilities Act, Ann C. Hodges Jan 1996

Mediation And The Americans With Disabilities Act, Ann C. Hodges

Law Faculty Publications

This Article will analyze the potential uses of mediation in ADA disputes, focusing primarily on employment issues. Part II of the Article provides a description and analysis of the mediation process. Part III provides an overview of the ADA. Part IV examines the dispute resolution provisions of the ADA and both the current and proposed uses of alternative dispute resolution. Finally, Part V analyzes the use of mediation in ADA cases and recommends appropriate uses of mediation that will effectuate the purpose of the statute.

Go to article

George Bush's America Meets Dante's Inferno: The Americans With Disabilities Act In Prison, Ira Robbins Jan 1996

George Bush's America Meets Dante's Inferno: The Americans With Disabilities Act In Prison, Ira Robbins

Scholarly Articles in Law Reviews & Journals

Introduction: The conditions in America's correctional facilities have long been cause for concern. Even those who do not advocate a comfortable quality of life for inmates recognize that basic problems such as overcrowding, inmate violence,' inadequate staffing,2 and increasing costs of building and maintaining prisons have approached crisis levels. Meanwhile, the prison population continues to swell. According to the Bureau of Justice Statistics of the United States Department of Justice, the number of prisoners incarcerated at state and federal prisons annually has grown at a rate of 8.4% in recent years.'

Go to article

Commentary: A Perspective On Civil Rights Challenges, Deval L. Patrick Jan 1996

Commentary: A Perspective On Civil Rights Challenges, Deval L. Patrick

University of Baltimore Law Review

No abstract provided.

Go to article

Playing The "Gender" Card: Affirmative Action And Working Women, Mary K. O'Melveny Jan 1996

Playing The "Gender" Card: Affirmative Action And Working Women, Mary K. O'Melveny

Kentucky Law Journal

No abstract provided.

Go to article

The Kentucky Board Of Bar Examiners' Character And Fitness Certification Questionnaire: Are Mental Health Inquiries A Violation Of The Americans With Disabilities Act?, Lanny King Jan 1996

The Kentucky Board Of Bar Examiners' Character And Fitness Certification Questionnaire: Are Mental Health Inquiries A Violation Of The Americans With Disabilities Act?, Lanny King

Kentucky Law Journal

No abstract provided.

Go to article

Introduction, The Sesquicentennial Of The 1848 Seneca Falls Women's Rights Convention: American Women's Unfinished Quest For Legal, Economic, Political, And Social Equality, Carolyn S. Bratt Jan 1996

Introduction, The Sesquicentennial Of The 1848 Seneca Falls Women's Rights Convention: American Women's Unfinished Quest For Legal, Economic, Political, And Social Equality, Carolyn S. Bratt

Law Faculty Scholarly Articles

On July 19, 1998, America celebrated the 150th anniversary of the Seneca Falls Convention. Almost three hundred women and men including Lucretia Mott, Elizabeth Cady Stanton, and Frederick Douglass met on that July date in 1848 at Seneca Falls, New York, for a two-day discussion of the "social, civil and religious rights of woman." At the conclusion of the meeting, sixty-eight women and thirty-two men signed their names to a Declaration of Sentiments and this country's organized women's rights movement began. The Declaration of Sentiments was the earliest, systematic, public articulation in the United States of the ideas that fuel …

Go to article

The Effect On The Child Of A Custodial Parent's Involvement In An Intimate Same-Sex Relationship - North Carolina Adopts The "Nexus Test" In Pulliam V. Smith, Vicki Parrott Jan 1996

The Effect On The Child Of A Custodial Parent's Involvement In An Intimate Same-Sex Relationship - North Carolina Adopts The "Nexus Test" In Pulliam V. Smith, Vicki Parrott

Campbell Law Review

This Note examines the North Carolina Court of Appeals decision in Pulliam v. Smith. First, the Note discusses the facts of the case and the opinion of the North Carolina Court of Appeals. Then, the Note examines (1) child custody law in North Carolina; (2) North Carolina case law addressing the effect on the child of a custodial parent's sexual conduct and sexual orientation; and (3) child custody disputes in other jurisdictions which involve a custodial parent in an intimate same-sex relationship. Next, the Note analyzes the decision in Pulliam and its effect on child custody law in North …

Go to article

Destructuring Disability: Rationing Of Health Care And Unfair Discrimination Against The Sick, David Orentlicher Jan 1996

Destructuring Disability: Rationing Of Health Care And Unfair Discrimination Against The Sick, David Orentlicher

Scholarly Works

No abstract provided.

Go to article

Rethinking Civil Rights And Employment At Will: Toward A Coherent National Discharge Policy, Ann C. Mcginley Jan 1996

Rethinking Civil Rights And Employment At Will: Toward A Coherent National Discharge Policy, Ann C. Mcginley

Scholarly Works

America's employment discharge policy begs for reform. Although most states have created exceptions to the employment at will doctrine, the doctrine thrives. Title VII of the Civil Rights Act of 1964 (“Title VII”), which bans discrimination in employment based on race, gender, color, religion, and national origin, has proved ineffective in combating employment discrimination. Despite the statutory and common law exceptions to the employment at will doctrine, today's employees may have less job security than in the past. Although I applaud the Commissioners' efforts toward achieving justice in the workplace, I believe that abolishing the employment at will doctrine through …

Go to article

Whose Justice? Which Victims?, Lynne Henderson Jan 1996

Whose Justice? Which Victims?, Lynne Henderson

Scholarly Works

No abstract provided.

Go to article

Vindicating Rights In A Federal System: Rediscovering 42 U.S.C. § 1985(3)'S Equality Right, John Valery White Jan 1996

Vindicating Rights In A Federal System: Rediscovering 42 U.S.C. § 1985(3)'S Equality Right, John Valery White

Scholarly Works

Section 1985(3) is dead. The United States Supreme Court's refusal to apply § 1985(3) to the assault and intimidation of abortion seekers by abortion protesters in Bray v. Alexandria Women's Health Clinic confirmed the demise of the section, already significantly undercut by the Supreme Court's previous decisions in Great American Federal Savings & Loan Ass'n v. Novotny and United Brotherhood of Carpenters & Joiners v. Scott. If Bray is troubling for the conceptual moves Justice Scalia employed to deny recovery under the section, it is more disconcerting for the apparently inconsequential resemblance of its facts to those of the case …

Go to article

John W. Davis And His Role In The Public School Segregation Cases - A Personal Memoir , Sydnor Thompson Jan 1996

John W. Davis And His Role In The Public School Segregation Cases - A Personal Memoir , Sydnor Thompson

Washington and Lee Law Review

No abstract provided.

Go to article

Plessy V. Ferguson – 100 Years Later, Hon. John Minor Wisdom Jan 1996

Plessy V. Ferguson – 100 Years Later, Hon. John Minor Wisdom

Washington and Lee Law Review

No abstract provided.

Go to article

Enforcing Conventional Morality Through Taxation?: Determining The Excludability Of Employer-Provided Domestic Partner Health Benefits Under Sections 105(B) And 106 Of The Internal Revenue Code, Lindsay Brooke King Jan 1996

Enforcing Conventional Morality Through Taxation?: Determining The Excludability Of Employer-Provided Domestic Partner Health Benefits Under Sections 105(B) And 106 Of The Internal Revenue Code, Lindsay Brooke King

Washington and Lee Law Review

No abstract provided.

Go to article

The Conflict Between Religious Exercise And Efforts To Eradicate Housing Discrimination Against Nontraditional Couples: Should Free Exercise Protect Landlord Bias?, Scott A. Johnson Jan 1996

The Conflict Between Religious Exercise And Efforts To Eradicate Housing Discrimination Against Nontraditional Couples: Should Free Exercise Protect Landlord Bias?, Scott A. Johnson

Washington and Lee Law Review

No abstract provided.

Go to article

The Evidentiary Burden In Establishing An Article 3(A) Defense To Extradition In Light Of In Re The Requested Extradition Of James Joseph Smyth, A Case Of First Impression, Leslie A. Firtell Jan 1996

The Evidentiary Burden In Establishing An Article 3(A) Defense To Extradition In Light Of In Re The Requested Extradition Of James Joseph Smyth, A Case Of First Impression, Leslie A. Firtell

Cardozo Journal of International and Comparative Law

The note examines the Ninth Circuit Court of Appeals' decision in the case of James Joseph Smyth, which centered on the interpretation and application of Article 3a of the Supplementary Extradition Treaty between the US and the UK. The court overturned the lower court's ruling, holding that Smyth failed to meet the evidentiary burden required to establish a defense against extradition under Article 3a. The decision highlights the challenges of proving future mistreatment based on race, religion, nationality, or political opinions, emphasizing the need for individualized evidence rather than systemic concerns.

Go to article

Sweep Searches--The Rights Of The Community, And The Guarantees Of The Fourth And First Amendments: Moms Of The Chicago Public Housing Complex, Revisit Your Civil And Constitutional Rights And Save Your Babies, Lundy Langston Jan 1996

Sweep Searches--The Rights Of The Community, And The Guarantees Of The Fourth And First Amendments: Moms Of The Chicago Public Housing Complex, Revisit Your Civil And Constitutional Rights And Save Your Babies, Lundy Langston

Journal Publications

African-American babies are an endangered species. They have the potential to live to the ripe old age of fourteen. We are singing new songs of overcoming-overcoming the loss of our babies. However, it's the same song: the lyrics are Black, and the music is, as always, White. Across the nation let us hold hands, let us gather together, let us save our babies. Will the music, the lyrics of our collective songs, save our babies? Is there a collective voice? There must be a collective voice if we are to save our babies and WE must save them if we …

Go to article

Introduction: The Promise Of The Violence Against Women Act Of 1994, Elizabeth M. Schneider Jan 1996

Introduction: The Promise Of The Violence Against Women Act Of 1994, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

Go to article

Silence Coerced By Law: A Look At Recent National And International Efforts To Silence Offensive Expression, Edward J. Cleary Jan 1996

Silence Coerced By Law: A Look At Recent National And International Efforts To Silence Offensive Expression, Edward J. Cleary

Washington and Lee Law Review

No abstract provided.

Go to article

Attorneys: The Americans With Disabilities Act Should Not Impair The Regulation Of The Legal Profession Where Mental Health Is An Issue, Kelly R. Becton Jan 1996

Attorneys: The Americans With Disabilities Act Should Not Impair The Regulation Of The Legal Profession Where Mental Health Is An Issue, Kelly R. Becton

Oklahoma Law Review

No abstract provided.

Go to article

First Prev Next Last