Civil Rights and Discrimination Commons^™

Law Enforcement And Political Demonstrations As The Whole World Watches: The Rise Of Globocop?, Ibpp Editor

International Bulletin of Political Psychology

This article posits that--at present--the promise of global telecommunications-induced progress for human and civil rights may be oversold.

The Role Of Suspicion In Federal Equal Protection, Paul E. Mcgreal

William & Mary Bill of Rights Journal

Recently, Professor Jed Rubenfeld wrote an essay arguing that the Supreme Court's strict scrutiny test for equal protection works best to "smoke out" the purpose of laws to determine whether they were enacted because of racial bias or preference. Professor Rubenfeld criticized the Court's most recent affirmative action decision in Adarand Constructors, Inc. v. Pena for departing from this "smoking out" approach.

In this Essay, Professor McGreal explores how this "smoking out" process is applied in federal equal protection cases. Counter to Professor Rubenfeld's view, he argues that the Supreme Court did use a "smoking out" approach in Adarand. His …

Discriminatory Effects: Desegregation Litigation In Higher Education In Georgia, Molly O'Brien

William & Mary Bill of Rights Journal

While no one can deny the importance of desegregating all educational institutions over the past half-century, one of the unexpected consequences of the movement has been to make uncertain the legality of historically black public colleges. This uncertainty has created an opportunity for those who oppose historically black colleges, for whatever reason, to bring suit against them and potentially close their doors for not enrolling a student body that represents the racial make-up of the state. Professor O'Brien explores this issue in her Article by chronicling the progress of higher education in Georgia, from the establishment of a dual system, …

Life After Adarand: What Happened To The Metro Broadcasting Diversity Rationale For Affirmative Action In Telecommunications Ownership?, Leonard M. Baynes

University of Michigan Journal of Law Reform

The United States Supreme Court severely restricted affirmative action policies in Adarand Constructors, Inc. v. Pena. In this opinion, a majority of the Court held that all state or federally mandated affirmative action programs are to be analyzed under strict scrutiny. This test requires affirmative action programs to meet a compelling governmental interest and be narrowly tailored.

Adarand raised issues concerning the validity of the Federal Communications Commission's affirmative action ownership policies. Previously, the Court in Metro Broadcasting, Inc. v. FCC found the FCC minority ownership policies constitutional under a lower (intermediate) standard of review. In Adarand, the Court …

United States V. Morrison, Et Al.: Brief Of Law Professors As Amici Curiae In Support Of Petitioners, Evan H. Caminker, Catharine A. Mackinnon, Christina B. Whitman

Appellate Briefs

Interests of the Amici Curiae: This case brings into play two of our basic constitutional commitments: first, to a federal system that both guarantees the States a major role and gives Congress broad responsibility over interstate commerce, and second, to a nationwide guarantee that all persons enjoy the equal protection of the laws. Amici, law professors (identified in an addendum below) who teach and write about constitutional law, the federal courts or jurisprudence, will discuss how the Violence Against Women Act (VAWA) civil rights remedy is an apt response to the combined demands of these constitutional commitments.

In 1994, …

Racism In White Decision, Sean O'Brien

Faculty Works

No abstract provided.

Trends. The Political Psychology Of Expansion Of Labor Rights For Illegal Immigrants, Ibpp Editor

International Bulletin of Political Psychology

The article discusses the EEOC's recent decision to extend various anti-discrimination rights to illegal immigrants.

Response To Professor Wax: Discrimination As Accident: Old Whine, New Bottle, Michael Selmi

Indiana Law Journal

No abstract provided.

Discrimination As Accident, Amy L. Wax

Indiana Law Journal

No abstract provided.

Beyond The Rhetoric Of “Dirty Laundry”: Examining The Value Of Internal Criticism Within Progressive Social Movements And Oppressed Communities, Darren Lenard Hutchinson

UF Law Faculty Publications

Several historical reasons explain opposition to the airing of internal criticism by scholars and activists within progressive social movements and by members of subordinate communities. Opponents often contend that such criticism might reinforce negative stereotypes of subordinate individuals and that reactionary movements and activists might appropriate and misuse negative portrayals of the oppressed. A related fear holds that internal criticism will dismantle political unity within oppressed communities and progressive social movements, thereby forestalling social change. While these concerns provide some context for understanding the resistance to internal criticism within progressive social movements, I argue in this essay that they do …

Sharing Space: Why Racial Goodwill Isn't Enough, Sharon E. Rush

UF Law Faculty Publications

Racism is understood by most White people to be an attitude of prejudice toward Blacks. In contrast, Blacks define racism more inclusively; it is a system of institutional preferences for Whites, resulting from historically ingrained prejudices Whites have against Blacks. People of goodwill are disinclined to attribute racial connotations to ordinary, everyday negative interactions involving Whites and people of color as long as the Whites are people of goodwill (people who do not think they have prejudiced attitudes). Second, goodwill comfort is important to maintain, causing many Whites to shy away from any discussions about race. People of goodwill have …

Multivocal Prejudices And Homo Equality, William N. Eskridge

Indiana Law Journal

Addison C. Harris Lecture, October 27, 1998, Indiana University Law School.

Bending Toward Justice: The Posthumous Pardon Of Lieutenant Henry Ossian Flipper, Darryl W. Jackson, Jeffery H. Smith, Edward H. Sisson, Helene T. Krasnoff

Indiana Law Journal

No abstract provided.

Affirmative Action: An International Human Rights Dialogue, Ruth Bader Ginsburg, Deborah Jones Merritt

Cardozo Law Review

No abstract provided.

Section 6: Civil Rights, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Judicial Deference And Sexual Discrimination In The University, Mark Bartholomew

Buffalo Women's Law Journal

Tenure discrimination plaintiffs confront a judiciary that regularly defers to the administrative judgments of universities. Strangely, however, student plaintiffs suing under Title IX do not confront the same deferential posture. This occurs even when the student plaintiffs are suing their professors over classroom speech and academic freedom is at stake. After presenting the evidence of an asymmetrical application of judicial deference to the university, the Article critiques the Supreme Court’s decision in Gebser v. Lago Vista Independent School District to weaken the remedial powers of Title IX relative to Title VII. The Article then explores the arguments for and against …

Civil Litigation Against Hate Groups Hitting The Wallets Of The Nation's Hate-Mongers, Damon Henderson Taylor

Buffalo Public Interest Law Journal

No abstract provided.

Eradicating Discrimination Among Individuals With Disabilities: Parity In Employer-Provided, Long-Term Disability Benefit Plans, Andrea K. Short

Washington and Lee Law Review

No abstract provided.

A Commentary: Why Civil Commitment Laws Don't Work The Way They're Supposed To, Philip D. Arben

The Journal of Sociology & Social Welfare

It is often presumed that the legal rights of those who are mentally ill or alleged to be mentally ill are adequately protected by the changes in civil commitment statutes that most states instituted during the 1970s. The author who participated in the writing of these reform statutes recently observed 63 civil commitment hearings. The gap between the stated requirements of the statute and the actual conduct of the commitment hearings was substantial. This paper attempts to explain why the reality has failed to meet the promise.

Humenansky V. Regents Of The University Of Minnesota: Questioning Congressional Intent And Authority To Abrogate Eleventh Amendment Immunity With The Adea, Eric Hunter

BYU Law Review

No abstract provided.

If Wall Street Is A Dead End, Do Women Fight Or Leave?, The New York Times

Ann B. Hopkins Papers

No abstract provided.

Supreme Court To Rule On Student Fees Case, Arthur S. Leonard

Center for LGBTQ Studies (CLAGS)

The U.S. Supreme Court announced March 29 that it will intervene in the "culture wars" raging in academia by considering whether public university students have a constitutional right to block use of their student activity fees by student organizations of which they disapprove. Lesbian and gay studies programs, such as CLAGS, are at the heart of these culture wars, as right-wing groups raise public controversies about the discussion of sexuality in the academy and question the very legitimacy of lesbian and gay studies as an academic discipline.

Familiar Connections: A Personal Re/View Of Latino/A Identity, Gender And Class Issues In The Context Of The Labor Dispute Between Sprint And La Conexion Familiar, Roberto L. Corrada

Sturm College of Law: Faculty Scholarship

I was asked to be an expert witness for Sprint Corporation in December 1995. I found out that the hearing was being held by the U.S. National Administrative Office because a Mexican labor union had filed a complaint pursuant to the NAFTA labor side accord. I prepared my testimony, I attended the hearing in San Francisco and testified. I began to realize the gravity of my mistake, however, when I sat down and listened to the testimony of the person who spoke after me. Her name was Dora Vogel. She was one of the Latinas who had been employed at …

Employment Discrimination, Peter Reed Corbin, Richard L. Ruth

Mercer Law Review

The 1998 survey period presented an extremely active year in the employment discrimination arena, not only for the Eleventh Circuit, but also for the United States Supreme Court.' Three key decisions were rendered by the Supreme Court on sexual harassment and same-sex discrimination, and another decision was rendered on the arbitrability of ADA claims. Yet, ironically, in this year of inordinate Supreme Court activity in the field of labor and employment law, the Court's arbitration decision did not "live up to the hype" of being a landmark decision on the legality of mandatory predispute arbitration of statutory discrimination claims. On …

Burlington Industries, Inc. V. Ellerth: An Affirmative Defense Against Employer Liability For Supervisory Harassment, Joyelle K. Werner

Mercer Law Review

In Burlington Industries, Inc. v. Ellerth, the Supreme Court held that an employer is vicariously liable for its supervisor's harassment that creates a hostile work environment, subject only to the affirmative defense that the employer "exercised reasonable care to prevent and correct" the harassment and that the "employee unreasonably failed to take advantage" of the employer's remedial procedure or corrective opportunities offered after the fact.

Environmental Justice: Is Disparate Impact Enough?, Jimmy White

Mercer Law Review

"Not in my backyard!" This simple statement and the vigorous efforts to enforce it have resulted over the last sixteen years in a growing movement in minority communities in search of what has been termed "environmental justice." It is claimed by activists, and proven in numerous studies, that minorities are more likely to be affected by the siting of hazardous waste facilities and the permitting of other hazardous waste producers than are whites. The causes of these inequities are neither uniform nor easily identifiable. Unfortunately, remedies may be equally elusive. Lack of resources, political power, and practical knowledge have proven …

Insane Fear: The Discriminatory Category Of "Mentally Ill And Dangerous", Sherry F. Colb

Cornell Law Faculty Publications

This article considers the constitutional and moral implications of the distinction the law draws between different classes of dangerous people, depending upon their status as mentally ill or mentally well. Those who are mentally well benefit from the right to freedom from incarceration unless and until they commit a crime. By contrast, dangerous people who are mentally ill are subject to potentially indefinite "civil" preemptive confinement.

In a relatively recent case, Kansas v. Hendricks, the United States Supreme Court upheld the post-prison civil confinement of Leroy Hendricks, a man who had served prison time after pleading guilty to child molestation. …

Fourth Amendment Issues In Section 1983 Litigation, Kathryn R. Urbonya

Faculty Publications

No abstract provided.

At War With The Constitution: A History Lesson From The Chief Justice, Thomas E. Baker

Brigham Young University Journal of Public Law

No abstract provided.

Equality In The Information Age, William E. Kennard

Federal Communications Law Journal

Forum: New Approaches to Minority Media Ownership, Columbia Institute for Tele-Information, Columbia University.