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2000

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Articles 31 - 60 of 236

Full-Text Articles in Civil Rights and Discrimination

The Heterogeneity Of Rights, Michael C. Dorf Sep 2000

The Heterogeneity Of Rights, Michael C. Dorf

Cornell Law Faculty Publications

What is the implication for the validity of governmental rules of the conclusion that the rule interferes with a constitutional right? This question has implications for two important doctrinal puzzles. The first is the question when, if ever, a litigant has a constitutional right to an exemption from a generally valid rule of law. Many constitutional rights are rule-dependent in the sense that they protect actors against certain kinds of governmental rules rather than shielding acts against governmental interference. This Article denies the claim by scholars and judges that this rule-dependence reflects a deep truth about the nature of constitutional …

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The Coptic Church In Egypt: A Comment On Protecting Religious Minorities Fiom Nonstate Discrimination, Scott Kent Brown Ii Sep 2000

The Coptic Church In Egypt: A Comment On Protecting Religious Minorities Fiom Nonstate Discrimination, Scott Kent Brown Ii

BYU Law Review

No abstract provided.

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Program: Ax Handle Saturday 40th Anniversary, August 26, 2000 Aug 2000

Program: Ax Handle Saturday 40th Anniversary, August 26, 2000

Textual material from the Rodney Lawrence Hurst, Sr. Papers

A program for the 40th anniversary of "Ax Handle" Saturday. August 26, 2000 at Hemming Plaza, Historic Snyder Memorial.

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Flyer: Commemorate The Women's Movement In Jacksonville, Edna Louise Saffy Aug 2000

Flyer: Commemorate The Women's Movement In Jacksonville, Edna Louise Saffy

Saffy Collection - All Textual Materials

Flyer for Women’s Equality Day program Balis Park in San Marco, Jacksonville, Florida August 26, 2000.

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Program: A Commemoration Of Women's History Program August 26, 2000, Edna Louise Saffy Aug 2000

Program: A Commemoration Of Women's History Program August 26, 2000, Edna Louise Saffy

Saffy Collection - All Textual Materials

Women's Equality Day Eighty Years of Women's Suffrage Thirty Years of Jacksonville Women's Movement August 26, 2000 9 A.M. Includes program, and Procession of Honor to Mary Nolan’s grave. Program Committee: Karen Danko, Cathy Drompp, Pam Flynn, Sharon Laird, Edna Saffy, Judy Sheklin, Elizabeth Teague and Louise Stanton Warren.

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Writings: Program Presented In Balis Park, San Marco, Jacksonville Florida. In Celebration Of Women On August 26, 2000, Edna Louise Saffy Aug 2000

Writings: Program Presented In Balis Park, San Marco, Jacksonville Florida. In Celebration Of Women On August 26, 2000, Edna Louise Saffy

Saffy Collection - All Textual Materials

Speeches: Version of the program delivered on August 26, 2000 by Dr. Edna L. Saffy commemorating Women’s Equality Day, eighty years of woman’s suffrage and thirty years of the Jacksonville Women’s Movement.

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Fostering Equity And Diversity In The Nova Scotia Legal Profession, Douglas G. Ruck, Craig M. Garson, Robert G. Mackeigan, Carol A. Aylward, Innis Christie, Cora States, Candy Palmater, Douglas Keefe, Margaret Macdonald, Burnley A. (Rocky) Jones, Heidi Marshall, Heather Mcneill, Kelvin Gilpin, Judith Ferguson Aug 2000

Fostering Equity And Diversity In The Nova Scotia Legal Profession, Douglas G. Ruck, Craig M. Garson, Robert G. Mackeigan, Carol A. Aylward, Innis Christie, Cora States, Candy Palmater, Douglas Keefe, Margaret Macdonald, Burnley A. (Rocky) Jones, Heidi Marshall, Heather Mcneill, Kelvin Gilpin, Judith Ferguson

Innis Christie Collection

The Province of Nova Scotia has, for many years, attempted, through a variety of means, to address issues of diversity and affirmative action. However, despite the lessons of history there are still those who question the need for programs and policies that promote, encourage and enforce equality. Even though significant advances have been made on many fronts Nova Scotia continues to struggle with issues of inequality. As with many problems faced by society acknowledging the existence of the problem is the first step towards developing solutions.

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“Gay Rights” For “Gay Whites”?: Race, Sexual Identity, And Equal Protection Discourse, Darren Lenard Hutchinson Jul 2000

“Gay Rights” For “Gay Whites”?: Race, Sexual Identity, And Equal Protection Discourse, Darren Lenard Hutchinson

UF Law Faculty Publications

While the resolution of the problem of gay and lesbian inequality will ultimately turn on a host of social, legal, political, and ideological variables, this Article argues that the success or failure of efforts to achieve legal equality for gays, lesbians, bisexuals, and transgendered individuals will depend in large part on how scholars and activists in this field address questions of racial identity and racial subjugation. Commonly, these scholars and activists currently discuss race by use of analogies between “racial discrimination” and “sexual orientation discrimination,” or between “people of color” and “gays and lesbians.” On one level, the “comparative approach” …

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The Failure Of The Integrated Enterprise Test: Why Courts Need To Find New Answers To The Multiple-Employer Puzzle In Federal Discrimination Cases, Mark Crandley Jul 2000

The Failure Of The Integrated Enterprise Test: Why Courts Need To Find New Answers To The Multiple-Employer Puzzle In Federal Discrimination Cases, Mark Crandley

Indiana Law Journal

No abstract provided.

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Finding A Conflicts Issue In International Copyright Litigation: Did The Second Circuit Misinterpret The Berne Convention In Itar-Tass?, David E. Miller Jul 2000

Finding A Conflicts Issue In International Copyright Litigation: Did The Second Circuit Misinterpret The Berne Convention In Itar-Tass?, David E. Miller

Cardozo Journal of International and Comparative Law

The article critiques the U.S. Court of Appeals for the Second Circuit's decision in Itar-Tass Russian News Agency v. Russian Kurier, Inc., arguing that the court misinterpreted the Berne Convention by creating a conflicts issue where none existed. The court's novel approach of applying Russian law to determine copyright ownership and U.S. law for infringement contradicts the principle of national treatment, which traditionally requires the law of the forum country to govern both issues. This decision, based on weak legal reasoning, ignored historical context, scholarly consensus, and relevant precedents, potentially leading to complications in international copyright litigation.

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Book Review Of Communists On Campus: Race, Politics, And The Public University In Sixties North Carolina, William W. Van Alstyne Jul 2000

Book Review Of Communists On Campus: Race, Politics, And The Public University In Sixties North Carolina, William W. Van Alstyne

Popular Media

This review finds William Billingsley's work to be a detailed and well-organized account of the North Carolina speaker's ban. The book avoids over-generalization and a lack of focus by honing in on this one particular story and examining it in great detail, rather than trying to provide a broad overview of similar situations across the country.

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A Future Of Human And Civil Rights In Zimbabwe: Ideology And Outcome Research, Ibpp Editor Jun 2000

A Future Of Human And Civil Rights In Zimbabwe: Ideology And Outcome Research, Ibpp Editor

International Bulletin of Political Psychology

This article describes two common approaches to achieving human and civil rights and what may be needed to select among these and other approaches.

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The United Kingdom Bill Of Rights 1998: The Modernisation Of Rights In The Old World, Clive Walker, Russell L. Weaver Jun 2000

The United Kingdom Bill Of Rights 1998: The Modernisation Of Rights In The Old World, Clive Walker, Russell L. Weaver

University of Michigan Journal of Law Reform

Into a steadfastly conservative constitutional landscape, the United Kingdom Parliament has now introduced a Bill of Rights, the Human Rights Act of 1998, which takes effect in October 2000. The Act provides for a full catalogue of civil and political rights which are enforceable by the courts. This development raises two questions in evaluating the future of English law. First, does this signify the dawn of a new British radicalism? And second, why has it happened now? In answering these questions in relation to England and Wales, Part I of this Article provides an introduction to the traditional treatment of …

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Stumbling At The Finish Line: Employment Discrimination And The Utah Supreme Court In Burton V. Exam Center Industrial, Evan S. Tilton May 2000

Stumbling At The Finish Line: Employment Discrimination And The Utah Supreme Court In Burton V. Exam Center Industrial, Evan S. Tilton

BYU Law Review

No abstract provided.

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Because We Love You, Rosemary B. Quigley May 2000

Because We Love You, Rosemary B. Quigley

Michigan Law Review

I remember the impotence I felt on the eve of the Gulf War in January 1991. No one could have known at that moment what a brief conflict it would be. We had every reason to believe that the Middle East would be hurled into turmoil. And if protracted war ensued, a draft would surely follow. I watched my college boyfriend sink into despair, with the help of a Bob Mould CD, at the prospect of being called to give his life for his country. I remained uncharacteristically mute. In the face of this battle, our positions were too unequal …

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Healing The Blind Goddess: Race And Criminal Justice, Mark D. Rosenbaum, Daniel P. Tokaji May 2000

Healing The Blind Goddess: Race And Criminal Justice, Mark D. Rosenbaum, Daniel P. Tokaji

Michigan Law Review

Once again, issues of race, ethnicity, and class within our criminal justice system have been thrust into the public spotlight. On both sides of the country, in our nation's two largest cities, police are being called to account for acts of violence directed toward poor people of color. In New York City, a West African immigrant named Amadou Diallo was killed by four white police officers, who fired forty-one bullets at the unarmed man as he stood in the vestibule of his apartment building in a poor section of the Bronx. Did race influence the officers' decisions to fire the …

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Holocaust Deniers Can't Be Ignored: History: As Victims And Witnesses Of World War Ii Die Off, Revisionist Views Of The Nazi Horrors Could Gain Broader Acceptance, Kenneth Lasson Apr 2000

Holocaust Deniers Can't Be Ignored: History: As Victims And Witnesses Of World War Ii Die Off, Revisionist Views Of The Nazi Horrors Could Gain Broader Acceptance, Kenneth Lasson

All Faculty Scholarship

On trial in an English courtroom, where British historian David Irving has sued American professor Deborah Lipstadt for defamation, is not only the scholars' reputations but history itself. Irving claims that he was libeled by Lipstadt's 1993 book, "Denying the Holocaust: The Growing Assault on Truth and Memory," in which she called him "one of the most dangerous of the `revisionists'" because, "familiar with historical evidence, he bends it until it conforms with his ideological leanings and political agenda." But under British law, the burden of proof in defamation is squarely on the defendant, thus making it necessary for Lipstadt …

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Franco's Spain, Queer Nation?, Gema Pérez-Sánchez Apr 2000

Franco's Spain, Queer Nation?, Gema Pérez-Sánchez

University of Michigan Journal of Law Reform

This Article discusses how, through its juridical apparatus, the Spanish dictatorship of Francisco Franco sought to define and to contain homosexuality, followed by examples of how underground queer activism contested homophobic laws. The Article concludes by analyzing a literary work to illustrate the social impact of Francoism's homophobic law against homosexuality.

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Querying A Queer Spain Under Franco, Peter Kwan Apr 2000

Querying A Queer Spain Under Franco, Peter Kwan

University of Michigan Journal of Law Reform

There should be more articles in the legal journals such as Professor Gema Pérez-Sánchez's. In Franco's Spain, Queer Nation?, Professor Pérez-Sánchez has done a great service to legal scholarship in four respects. Firstly, she has written an appropriately far-ranging piece. In a discipline that has as one of its central missions the broadening of critical legal discourse, LatCrit can sometimes appear to suffer from symptoms of parochialism in its understandable emphasis on the Latina/o experience within American borders, or on the experience of its Latina/o immigrants once they have reached these shores. To be sure, this is not a problem …

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Hegemony, Coercion, And Their Teeth-Gritting Harmony: A Commentary On Power, Culture, And Sexuality In Franco's Spain, Ratna Kapur, Tayyab Mahmud Apr 2000

Hegemony, Coercion, And Their Teeth-Gritting Harmony: A Commentary On Power, Culture, And Sexuality In Franco's Spain, Ratna Kapur, Tayyab Mahmud

University of Michigan Journal of Law Reform

Professor Gema Pérez-Sánchez's article, Franco's Spain, Queer Nation? focuses on the last years of Francisco Franco's fascist dictatorship and the early years of the young Spanish democracy, roughly from the late 1960's to the early 1980's. The centerpiece of her article looks at how, through law, Franco's regime sought to define and contain what it considered dangerous social behavior, particularly homosexuality. She traces how the state not only exercised hegemonic control over definitions of gender and sexuality, but also established well-defined roles for women and drew clear lines between what constituted legitimate and illegitimate sexualities, namely, the line between heterosexuality …

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Hate Exposed To The Light Of Day: Determining The Boy Scouts Of America's Expressive Purpose Solely From Objective Evidence, Cara J. Frey Apr 2000

Hate Exposed To The Light Of Day: Determining The Boy Scouts Of America's Expressive Purpose Solely From Objective Evidence, Cara J. Frey

Washington Law Review

In the 1980s, the U.S. Supreme Court took considerable steps toward decreasing the uncertainty surrounding an organization's associational freedoms by requiring an organization seeking to exclude individuals solely based on status to prove that its expressive purpose would be undermined if it included such members. However, these Supreme Court cases failed to establish any consistent approach to determining an organization's expressive purpose. Problems have arisen most acutely with the claims of gays seeking to be included in the Boy Scouts of America (BSA), an organization with a multifaceted and vague message. As the law now stands, courts have broad discretion …

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The Case Against Private Disparate Impact Suits, Thom Lambert Apr 2000

The Case Against Private Disparate Impact Suits, Thom Lambert

Faculty Publications

This article argues that the Third Circuit, and the courts that have implicitly approved private disparate impact suits, have erred in construing Title VI to permit private plaintiffs to sue federally funded entities for discrimination based on disparate impact alone. From a policy standpoint, permitting private disparate impact suits is a bad idea, for the threat of such suits will lead to deterrence of actions and decisions that have incidental disparate effects but are, on the whole, good.

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Whether The Constitutionality Of The Violence Against Women Act Will Further Federal Protection From Sexual Orientation Crimes, Alexander Dombrowsky Apr 2000

Whether The Constitutionality Of The Violence Against Women Act Will Further Federal Protection From Sexual Orientation Crimes, Alexander Dombrowsky

University of Miami Law Review

No abstract provided.

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"The Mis-Characterization Of The Negro": A Race Critique Of The Prior Conviction Impeachment Rule, Montrè D. Carodine Apr 2000

"The Mis-Characterization Of The Negro": A Race Critique Of The Prior Conviction Impeachment Rule, Montrè D. Carodine

Indiana Law Journal

The election of Barack Obama as the nation's first Black President was a watershed moment with respect to race relations in the United States. Obama's election removed what to many seemed a nearly insurmountable racial barrier. Yet as he transitions into his historic role and his family becomes the first Black occupants of the White House, scores of Blacks are housed in jails and prisons across the country. The mass incarceration of Blacks, among other serious issues, demonstrates that race still matters in the United States. As then-presidential candidate Obama acknowledged in the speech that many viewed to be pivotal …

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Partners Suing The Partnership: Are Courts Correctly Deciding Who Is An Employer And Who Is An Employee Under Title Vii, Dawn S. Sherman Apr 2000

Partners Suing The Partnership: Are Courts Correctly Deciding Who Is An Employer And Who Is An Employee Under Title Vii, Dawn S. Sherman

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

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The Creed According To The Legal Academy: Nihilistic Musings On Pedagogy And Race Relations, Barbara L. Bernier Apr 2000

The Creed According To The Legal Academy: Nihilistic Musings On Pedagogy And Race Relations, Barbara L. Bernier

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

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When The Classroom Speaks: A Public University's First Amendment Right To A Race-Conscious Admissions Policy, Alfred B. Gordon Apr 2000

When The Classroom Speaks: A Public University's First Amendment Right To A Race-Conscious Admissions Policy, Alfred B. Gordon

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

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Defining The Agenda: A New Struggle For African-American Women In The Fight For Reproductive Self-Determination, Melanie M. Lee Apr 2000

Defining The Agenda: A New Struggle For African-American Women In The Fight For Reproductive Self-Determination, Melanie M. Lee

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

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Supreme Court's 1998-1999 Term: Fourth Amendment Decisions, Kathryn R. Urbonya Apr 2000

Supreme Court's 1998-1999 Term: Fourth Amendment Decisions, Kathryn R. Urbonya

Faculty Publications

No abstract provided.

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Privacy, Cyberspace, And Democracy: A Case Study, Michael J. Gerhardt Apr 2000

Privacy, Cyberspace, And Democracy: A Case Study, Michael J. Gerhardt

Faculty Publications

No abstract provided.

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