Civil Rights and Discrimination Commons^™

At Loggerheads: The Supreme Court And Racial Equality Inpublic School Education After Missouri V. Jenkins, Roberta M. Harding

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

The Constitutional Amendment By Missouri V. Jenkins, Laura S. Fitzgerald

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

With Justice For Whom? The Presumption Of Moral Innocence In Rape Trials, Stacey Pastel Dougan

Indiana Law Journal

No abstract provided.

At Loggerheads: The Supreme Court And Racial Equality In Public School Education After Missouri V. Jenkins, Roberta M. Harding

Law Faculty Scholarly Articles

June 12th of 1995 marked a somber occasion in the annals of school desegregation litigation. On that day, the United States Supreme Court sent disturbing messages in its opinion in Missouri v. Jenkins. The Court's decision hinders achievement of the objective of school desegregation litigation—providing equal educational opportunities for African-American public school children—and detrimentally impacts other substantive areas of civil rights litigation. This article examines what I believe are several important general consequences of Jenkins's the impairment of a trial judge's discretionary equitable remedial powers; the Court's establishment of a new agenda that sacrifices the interests of African-American …

Reaffirming Affirmative Action We've Come A Long Way, But Not Far Enough, Cynthia R. Mabry

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Democratic National Committee V. Edward J. Rollins: Politics As Usual Or Unusual Politics?, Rachel E. Berry

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Effect, Or No Effect: A Comparison Of Prima Facie Standards Applied In "Disparate Impact" Cases Brought Under The Fair Housing Act (Title Viii), Kristopher E. Ahrend

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

The Martinsville Seven: Virginia's Most Controversial Court Case, 1949 - 1951, Michael Dean Plemmons

History Theses & Dissertations

In January, 1949 seven black youths were arrested and charged with brutally beating and raping a white woman in Martinsville, Virginia. The judicial process lasted over two years and gained national and international attention. The defendants were ultimately found guilty and sentenced to death for their ruthless crime. The conviction came as no surprise. The evidence was overwhelming, but the verdict created controversy. Some claimed the youths were victims of Jim Crowism while others believed the punishment was just.

This study explores the events of the case and determines why Martinsville was unique given patterns of racial unrest throughout the …

Neuf À Zero Ne Suffit Plus: Gould C. Yukon Order Of Pioneers Et La Perspective Feminine, Marie-France Major

Osgoode Hall Law Journal

Do women see the world in a way that is peculiar to them, that is, differently from the perceptions of men? In view of the decision of the Supreme Court of Canada in Gould v. Yukon Order of Pioneers, this question raises a highly pertinent issue. In Gould, where the subject of litigation was the interpretation of the human rights legislation of the Yukon, the Court was divided according to the gender of the judges. Only the female judges, in dissent, addressed the problem in terms of power, vulnerability, and equality, while the male judges adhered to a strict approach …

Regrouping In Defence Of Minority Rights: Kymlicka's Multicultural Citizenship, Leighton Mcdonald

Osgoode Hall Law Journal

This article outlines and critically examines Will Kymlicka's reconstructed defence of minority rights. Although various doubts are cast on Kymlicka's own thesis, it is argued that there are alternative strategies-strategies that Kymlicka too hastily dismisses-available to defenders of (collective) minority rights. Further, any vindication of minority rights makes urgent the separate question of what (if any) institutional expression they should receive. One important question overlooked by Kymlicka is whether, contrary to widespread assumptions, minority rights are in fact appropriate candidates for constitutional entrenchment. Some of the relevant considerations raised by this issue are discussed in the final section of the …

Perspectives On Missouri V. Jenkins: Abandoning The Unfinished Business Of Public School Desegregation 'With All Deliberate Speed', José F. Anderson

All Faculty Scholarship

This essay examines the continuing struggle that centers around whether this country will allow public elementary and secondary school officials to use race-conscious, and sometimes aggressive, tools to eliminate the continuing presence of predominantly single race schools in most of our urban centers. Despite the promise of Brown v. Board of Education, the efforts to desegregate schools in some areas of America appear to have eliminated only the legal barriers to truly integrated schools. Many school systems have simply resegregated through demographic shifts prompted by urban decay and "white flight." In Missouri v. Jenkins, the Supreme Court struck down certain …

The History Of Suffrage And Equal Rights Provisions In State Constitutions, Carrie Hillyard

Brigham Young University Journal of Public Law

No abstract provided.

Five Supreme Court Constitutions: Race-Based Scrutiny Past, Present, And Future, David Zimmerman

Brigham Young University Journal of Public Law

No abstract provided.

The "Constitutional" Assault On The Virginia Military Institute, Jon A. Soderberg

Washington and Lee Law Review

No abstract provided.

Is It More Than Dodging Lions And Wastin' Time: Adequacy Of Counsel, Questions Of Competence, And The Judicial Process In Individual Right To Refuse Treatment Cases, Michael L. Perlin, Deborah Dorfman

Articles & Chapters

This article argues that, if the MacArthur Treatment Competence Study (e.g., P. S. Appelbaum and T. Grisso, Grisso et al, and Grisso and Appelbaum; see records 82:39258, 82:35494, and 82:37814, respectively) is to be meaningfully operationalized, it is necessary to consider the ways that counsel is provided in individual cases to institutionalized individuals wishing to assert the right to refuse antipsychotic drug treatment. It looks at the role of counsel in individual right to refuse cases, examines the ways that counsel is assigned in 3 states, and considers the underlying questions through the filters of "sanism" and "pretextuality." It concludes …

Fax: From The White House To Edna Saffy, 2-23-96, The White House

Saffy Collection - All Textual Materials

A fax sent to Dr. Edna Saffy announcing President Clinton’s creation of a national domestic violence hotline and call for a second round of Empowerment Zone funding to revitalize the cities and rural areas.

Affirmative (Re)Action: Anything But Race , Katheryn K. Russell

American University Law Review

No abstract provided.

"Do Justice!": Variations Of A Thrice-Told Tale, Michael Herz

Articles

Although recent debates would suggest that narrative scholarship is brand new,4 lawyers, judges, and law professors, like all humankind, have always offered stories for illustration or support or to make a point in an indirect, and often more effective, way. Learned Hand's story about telling Justice Holmes to "do justice" is one widely-used example, offered by many writers in addition to Judge Bork and Professor Chayes. Its popularity is easy to understand. The story has a substantive message, pithily expressed, on a basic jurisprudential issue; it involves two members of the pantheon; and it crams a lot of human interest …

The Color-Blind Court , Jeffery Rosen

American University Law Review

No abstract provided.

Discrimination, Affirmative Action And Freedom: Sorting Out The Issues , Roger Pilon

American University Law Review

No abstract provided.

Getting Beyond Racial Preferences: The Class-Based Compromise , Richard D. Kahlenberg

American University Law Review

No abstract provided.

Separate But Equal Revisited, Kathryn R. Urbonya

Popular Media

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.

Fax: The Dnc Briefing, January 17, 1996, Democratic National Committee

Saffy Collection - All Textual Materials

A fax sent from the Democratic National Committee to Dr. Edna L. Saffy.

Fax: From The White House To Edna Saffy, 1-16-96, The White House

Saffy Collection - All Textual Materials

No abstract provided.

Environmental Racism And Biased Methods Of Risk Assessment, Daniel C. Wigley, Kristin S. Shrader-Frechette

RISK: Health, Safety & Environment (1990-2002)

Based on analysis of a risk assessment for a proposed Louisiana uranium enrichment facility, the authors argue that environmental injustice occurs when assessors' scientific methods cause de facto discrimination.

Missouri V. Jenkins: The Beginning Of The End For Desegregation, Chelsey Parkman

Loyola University Chicago Law Journal

No abstract provided.

The Civil Rights Remedy Of The Violence Against Women Act: Legislative History, Policy Implications & Litigation Strategy, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

Regulatory Sins Versus Market Legacies: A Short Reply To Mr. Leech, 29 J. Marshall L. Rev. 617 (1996), Richard A. Epstein

UIC Law Review

No abstract provided.

Female Genital Mutilation In The United States: An Examination Of Criminal And Asylum Law, Layli Miller Bashir

American University Journal of Gender, Social Policy & the Law

No abstract provided.