Civil Rights and Discrimination Commons^™

Public Schools And The Inevitability Of Religious Inequality, Richard F. Duncan

BYU Law Review

No abstract provided.

What’S The Use Of Calling Emerson A Pragmatist?, Stanley Cavell

Cardozo Law Review

I applaud the revival of interest in John Dewey and William James, on various intellectual and political grounds, and seek to learn what is at stake for others in their revival. But I also wish to suspend applause-doubtless more a transcendentalist than a pragmatist gesture on my part-for ideas that seem to be gaining prominence within this movement, expressed by writers and thinkers whom I admire, according to which Emerson is to be understood as a proto-pragmatist and Wittgenstein as, let's say, a neo-pragmatist. Perhaps I will be taken as struggling merely over labels; but sometimes labels should be struggled …

The Flimsy Yardstick: How Many Employees Does It Take To Defeat A Title Vii Discrimination Claim?, Jacqueline Louise Williams

Cardozo Law Review

The Civil Rights Act of 1964 was signed into law on July 2, 1964. The legislative history of the Act provides an extraordinary glimpse at one of the most heavily debated pieces of legislation in our country's history. It also chronicles one of the longest debates that Congress has ever endured. Seeking to define the scope of the legislation, a reticent administration and a divided Democratic party struggled with the bill in hopes of coming to an agreement on what some would come to call "silver writes." The Act's supporters were persuaded that it answered "a moral question in the …

Life After The Lawsuit, U.S. News And World Report

Ann B. Hopkins Papers

No abstract provided.

"Overpaid" Older Workers And The Age Discrimination In Employment Act, Stacey Crawshaw-Lewis

Washington Law Review

Congress passed the Age Discrimination in Employment Act (ADEA) to prohibit discrimination against older workers. The legislative history of the ADEA shows that Congress recognized that this discrimination most commonly stemmed from inaccurate stereotypes about the older worker. A review of ADEA cases decided between 1984 and 1995 demonstrates the frequent incidence of cases in which older workers allegedly were fired or not hired because of the higher salaries typically earned by these relatively experienced workers. This review also reveals that, applying an unduly mechanical version of the McDonnell Douglas/Burdine test, courts did not effectively identify (1) employment actions purportedly …

The Racial Hoax As Crime: The Law As Affirmation, Katheryn K. Russell

Indiana Law Journal

No abstract provided.

The Good Polity Today Constituting Law And Society After The Cold War, Graham Walker

Cardozo Journal of International and Comparative Law

The article explores the challenges of constructing a just and livable political society in the post-Cold War era, focusing on the tension between the global aspiration for liberal democracy and the resurgence of ethnic, religious, and moral claims. It examines how these competing forces shape political reconstruction and the search for a "good polity," emphasizing the need to learn from contemporary experiences and theoretical reflections.

Constitutional Reform And Social Difference In New Zealand, Jack H. Nagel

Cardozo Journal of International and Comparative Law

The article examines New Zealand's transition to a mixed-member proportional (MMP) electoral system, emphasizing its innovative approach to ensuring representation for the Maori minority. It argues that the MMP system, combined with dual constituencies (MMP-DC), offers a unique solution to the challenges of representing minority groups in plural societies, providing both descriptive and substantive representation without marginalization. The analysis highlights the historical and political processes that led to this system, which could serve as a model for other democracies facing similar challenges.

The Color Of Truth: Race And The Assessment Of Credibility, Sheri Lynn Johnson

Cornell Law Faculty Publications

No abstract provided.

Ua21 Wku Affirmative Action Plan, Wku Office Of Equal Opportunity / 504 / Ada Compliance

WKU Administration Documents

This report consists of the following parts:

• Introduction
• Statement of Purpose
• Affirmative Action Plan for Minorities & Women
• Affirmative Action Plan for Covered Veterans & Persons with Disabilities

The Future Of The Post-Batson Peremptory Challenge: Voir Dire By Questionnaire And The "Blind" Peremptory, Jean Montoya

University of Michigan Journal of Law Reform

This Article examines the peremptory challenge as modified by Batson and its progeny. The discussion is based in part on a survey of trial lawyers, asking them about their impressions of the peremptory challenge, Batson, and jury selection generally. The Article concludes that neither the peremptory challenge nor Batson achieve their full potential. Primarily because of time and other constraints on voir dire, the peremptory challenge falls short as a tool in shaping fair and impartial juries. While Batson may prevent some unlawful discrimination in jury selection, Batson falls short as a tool in identifying unlawful discrimination once it …

The Fcc's Minority Ownership Policies From Broadcasting To Pcs, Antoinette Cook Bush, Marc S. Martin

Federal Communications Law Journal

The Federal Communication Commission's (FCC's) proposed minority preference scheme for broadcast spectrum allocation has been called into question in the wake of the Supreme Court(s recent decision in Adarand Constructors, Inc. v. Pena. The Authors begin by discussing the development of minority preference schemes in the 1970s and 1980s and the changes in the methods through which the FCC has awarded broadcast licenses. In 1993, the FCC was granted the authority to auction spectrum allocation, provided that the FCC ensured the economic opportunity of minority-owned business under such a competitive bidding regulatory regime. However, this grant of authority presented …

Fax: The White House – President Clinton Speaks To Graduates May 10, 1996, Office Of The Press Secretary

Saffy Collection - All Textual Materials

Commencement address at Pennsylvania State University by Bill Clinton.

Certificate: Basic Skills For Resolving Community Conflict, May 3-4, 1996, Jacksonville Community Council, Inc

Saffy Collection - All Textual Materials

Jacksonville Community Council Inc. and Plowshares Institute - This Certifies That Edna Saffy Has Completed Instruction in Basic Skills for Resolving Community Conflict and has been awarded this Certificate of Participation.

Bakke To The Wall: The Crisis Of Bakkean Diversity, Gabriel J. Chin

William & Mary Bill of Rights Journal

In the years since the United States Supreme Court's affirmative action holding in Board of Regents v. Bakke, many educational institutions have struggled to apply Bakke's doctrine to their admissions policymaking. Professor Chin asserts that Bakke is incoherent because it does not explain whether the diversity it tries to foster is cultural or racial. Furthermore, he argues that neither a racial nor a cultural basis works under the Bakke scheme, leading to the difficulties schools confront in framing an affirmative action program.

Focusing on law school admissions policies, Professor Chin argues that because of Bakke's weakness as law, it is …

Benign Neglect* Of Racism In The Criminal Justice System, Angela J. Davis

Michigan Law Review

A Review of Michael Tonry, Malign Neglect: Race, Crime, and Punishment in America

Mckennon V. Nashville Banner Publishing Company: Progression Of The After-Acquired Evidence Doctrine, Lauren L. Logan

Mercer Law Review

In McKennon v. Nashville Banner Publishing Co., the United States Supreme Court held that after-acquired evidence of employee wrongdoing that would have led to termination on lawful and legitimate grounds does not bar the employee from all relief sought under an employment discrimination action. The plaintiff, Christine McKennon, had worked for the defendant, Nashville Banner Publishing Company, for thirty years when, as claimed by Banner, she was discharged as part of a work force reduction plan. McKennon, who was sixty-two years old at the time of her discharge, claimed that her termination was based on her age. She filed …

Civil Rights And Federalism Fights: Is There A "More Perfect Union" For The Heirs To The Promise Of Brown?, Pace Jefferson Mcconkie

BYU Law Review

No abstract provided.

Bondage, Freedom & (And) The Constitution: The New Slavery Scholarship And Its Impact On Law And Legal Historiography, E. Nathaniel Gates

Cardozo Law Review

Twenty or so Africans, the first to arrive in British North America, were put ashore at Jamestown in 1619. Within seventy years, their labor, and that of the thousands who followed in their shackled train, had become the mainstay of the colonial economy. Once established by law, the perpetual bondage of Africans and African-American Creoles, in tandem with the notion of freedom it served to highlight and underscore, exerted a profound and lasting influence upon the economic, moral, and political life of the early European settler population and its creolized descendants.

The Ten Precepts Of American Slavery Jurisprudence: Chief Justice Roger Taney's Defense And Justice Thurgood Marshall's Condemnation Of The Precept Of Black Inferiority, A. Leon Higginbotham Jr.

Cardozo Law Review

Approximately twenty-five years ago, a group of thoughtful scholars, under the tutelage of Stanley Katz and Owen Fiss, met at the University of Chicago to discuss slavery law. Stanley Katz has previously noted that the conference generated extraordinary academic inquiries, as well as many books and articles. In this Article, I will describe briefly the intellectual journey I have traveled which was, in no small part, shaped by the conference and the interrelationships I have had since then, with so many scholars, as we have tried to get better insights into the interrelated issues of bondage, freedom, and the Constitution.

The Origins Of The Law Of Slavery In British North America, William M. Wiecek

Cardozo Law Review

In American experience, slavery originally appeared as a response to economic need. Subsequently, racism emerged as a justification for slavery, required as a response to the inherent contradictions of slavery. First there was slavery, then racism, then a fatal fusion of the two.

The Slavery Of Emancipation, Guyora Binder

Cardozo Law Review

The Thirteenth Amendment of the U.S. Constitution commands that "neither slavery nor involuntary servitude shall exist." What has been the effect of this command?

It will serve my present purpose to offer the following toosimple answer to this complex question: the Thirteenth Amendment secured little more than the manumission of slaves already practically freed by the friction of war. It guaranteed, in Confederate General Robert Richardson's now well-known phrase, "nothing but freedom."

Supposing this answer to be true, a further question presents itself: Did the Thirteenth Amendment's effect fulfill its command? Did universal manumission abolish slavery?

A full answer to …

The Fifteenth Amendment And "Political Rights", Akhil Reed Amar

Cardozo Law Review

Professor Xi Wang has offered us an altogether exemplary paper on black suffrage. Rather than trying to criticize it, I shall attempt to extend it by picking up where he left off. My main text is the Fifteenth Amendment. I would like to suggest that the best interpretation of the Fifteenth Amendment would read it as encompassing a cluster of political rights; the Amendment protects not only the right to vote, but also the right to hold office, the right to be voted for, the right to vote in a legislature, the right to serve on a jury, and even …

Black Suffrage And The Redefinition Of American Freedom, 1860-1870, Xi Wang

Cardozo Law Review

One of the most important outcomes of the Civil War was the establishment of a new constitutional order. Under this new order, African Americans, a people whose essential human rights had been denied under the old constitutional order, were constitutionally emancipated from slavery and recognized as American citizens. They received the privileges and immunities that white Americans had automatically assumed. Male black Americans also received the right to vote. This new order, as embraced by the Thirteenth, Fourteenth, and Fifteenth Amendments to the Constitution, was a truly remarkable achievement of Reconstruction. What is additionally significant is that these Amendments became …

Comment On Donald Nieman's Paper, Randall Kennedy

Cardozo Law Review

I have two responses to Professor Neiman's paper. One emphasizes a point he makes. The other disagrees a bit with his reading of the promise of Reconstruction.

Charles Hamilton Houston And The Search For A Just Society, North Carolina Central Law Review

North Carolina Central Law Review

No abstract provided.

Are The Similarities Between A Woman's Right To Choose An Abortion And The Alleged Right To Assisted Suicide Really Compelling?, Marc Spindelman

University of Michigan Journal of Law Reform

In this Article, Marc Spindelman examines the relationship between abortion and assisted suicide. He begins his discussion with the constitutional framework within which courts should consider the assertion that the Due Process Clause of the Fourteenth Amendment protects an individual's decision to commit assisted suicide. The Author then considers and, based on relevant Supreme Court doctrine, rejects the conception of personal autonomy that undergirds the claimed constitutional right to assisted suicide. Finally, the Author points out some legal and cultural distinctions between abortion and assisted suicide, arguing that these distinctions offer courts good reasons for holding that the Fourteenth Amendment's …

Fairness In Civil Rights Arbitration, Douglas E. Abrams

Faculty Publications

No abstract provided.

Foreword: Never Again, Franklin D. Cleckley

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Personal Reflections On Adarand Construction Co. V. Pena, Steven H. Hobbs

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.