Civil Rights and Discrimination Commons^™

A. Leon Higginbotham Jr.: Who Will Carry The Baton?, F. Michael Higginbotham, José F. Anderson

All Faculty Scholarship

It was a rainy November day during Thanksgiving weekend of 1997. The scene was the Washington, D.C., childhood home of Dr. Evelyn Brooks Higginbotham, A. Leon Higginbotham Jr.'s beloved wife. Our assignment was to assist in the removal, packing, and transport of a few prized family heirlooms that were to be taken to their home in Newton, Massachusetts.

On the early morning drive into Washington, D.C., our conversation was mostly idle chit-chat. Little did we know that the circumstances of the day would lead to an amazing set of discussions, the importance of which we could never have imagined at …

The Cash Balance Controversy, Edward A. Zelinsky

Articles

No abstract provided.

What’S Wrong With Sexual Harassment?, Katherine Franke

Women’s Law Forum (2000-2006)

In a lecture given at Villanova University School of Law in March 2000, Professor Franke addressed the recent Supreme Court decisions that have sought to clarify the nature of the right against sexual harassment in the workplace. Professor Franke discussed these cases and critiqued the way in which the court's new jurisprudence of sexual harassment creates structural impediments to remedying the problem of sexual harassment in the workplace.

The Glass Ceiling For Women In Legal Education: Contract Positions And The Death Of Tenure, Marina Angel

Journal of Legal Education

No abstract provided.

Chaos Or Coherence: Individual Disparate Treatment Discrimination And The Adea, Michael J. Zimmer

Mercer Law Review

Individual disparate treatment law appears to be in a chaotic state. The one clear thrust is that the Supreme Court's jurisprudence in the area, and even Congress's most recent amendments to Title VII, no longer govern the field alone. This chaos, however, may be the prelude to a new coherence. That possibility is the point of this Article, which will explore it from the viewpoint of the Age Discrimination in Employment Act ("ADEA").

Part I sets the stage by describing the initial failure of Justice Brennan's attempt in Price Waterhouse v. Hopkins to supplant the preexisting framework established in McDonnell …

Mixed-Motive Cases On Employment Discrimination Law Revisited: A Brief Updated View Of The Swamp, Robert Belton

Mercer Law Review

In 1973 the Supreme Court enunciated an analytical framework in McDonnell Douglas Corp. v. Green with the purpose of providing plaintiffs in statutory employment discrimination cases a full and fair opportunity to prove intentional discrimination despite the unavailability of direct evidence. The McDonnell Douglas framework is used primarily in cases litigated under the disparate treatment theory of discrimination and is based upon presumptions and burden-shifting schemes. McDonnell Douglas was the predominant analytical framework for statutory employment discrimination cases until the Supreme Court decided Price Waterhouse v. Hopkins in 1989. ...

Congress overturned the fundamental holding of Price Waterhouse in the …

"Mixed-Motive" Discrimination Under The Civil Rights Act Of 1991: Still A "Pyrrhic Victory" For Plaintiffs?, Thomas H. Barnard, George S. Crisci

Mercer Law Review

One of the many statutory changes brought about by the Civil Rights Act of 1991 involved an effort to overturn the United States Supreme Court's decision in Price Waterhouse v. Hopkins. In that case, the Supreme Court held that when the plaintiff shows that an impermissible factor (e.g., race or gender) played a motivating role in an employment decision, the employer still can avoid liability by proving that it would have made the same employment decision in the absence of the impermissible factor.

Congress responded by amending Title VII of the Civil Rights Act of 1964 so that the …

The Mixed-Motive Defense In Workplace Discrimination Actions And Its Procedural Issues In The Eleventh Circuit, Richard A. Weller

Mercer Law Review

Being fired from one's place of employment is an unfortunate incident that many Americans face on one or more occasions during their lifetimes. Discharged employees obviously experience some degree of economic loss by losing salaries and benefits. Even when rightfully discharged, employees may suffer emotional and psychological harm because of their perceived failure. This harm may be magnified when the employee has been discharged for wrongful, illegal reasons.

However, in some cases an employer may have legitimate, legal reasons to terminate an employee and simultaneously have illegal, discriminatory reasons. In such a "mixed-motives" situation, employers may be able to limit …

Price Waterhouse: Alive And Well Under The Age Discrimination In Employment Act, H.Lane Dennard Jr., Kendall L. Kelly

Mercer Law Review

Judicial application of the Age Discrimination in Employment Act of 1967 ("ADEA") may be the most divergent of the employment discrimination laws because the ADEA is a hybrid of two statutes: Title VII of the Civil Rights Act of 19642 ("Title VII") and the Fair Labor Standards Act of 1938 ("FLSA"). The ADEA incorporates only selected portions of each of these statutes. For example, the general prohibition against age discrimination contained in the ADEA parallels the substantive provisions of Title VII, while the remedial provisions mirror, at least in part, the FLSA. Courts, however, have generally approached the ADEA in …

Undoing Miranda, Michael Edmund O'Neill

BYU Law Review

No abstract provided.

The Absolution Of Reynolds: The Constitutionality Of Religious Polygamy, Todd M. Gillett

William & Mary Bill of Rights Journal

The ancient practice of polygamy became prevalent in parts of the United States in the mid-nineteenth century, when the Mormon Church canonized the doctrine of polygamy and encouraged its practice among its members. Today, there are nearly 40, 000 polygamists in the United States, mostly living in Utah. The Supreme Court has ruled on polygamy several times in decisions and dicta, each time finding it to be unconstitutional within the United States. In Reynolds v. United States, a 1878 decision upholding a statute that criminalized polygamy, the Court introduced the belief/action distinction that controls religious First Amendment doctrine today. This …

The Story Of Civil Liberty In The United States, By Leon Whipple, Ivan M. Stone

Indiana Law Journal

No abstract provided.

Eugenic Laws Restricting Immigration, Paul A. Lombardo

Faculty Publications By Year

No abstract provided.

Eugenic Laws Against Race Mixing, Paul A. Lombardo

Faculty Publications By Year

No abstract provided.

Eugenic Sterilization Laws, Paul A. Lombardo

Faculty Publications By Year

No abstract provided.

The Truth About Women's Rights, Janet Benshoof

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

In their article, The Rise and Fall of Women's Rights: Have Sexuality and Reproductive Freedom Forfeited Victory?, the authors Lynne Marie Kohm and Colleen Holmes launch a wide-ranging attack on women's reproductive freedoms and target not only myself but topics as diverse as gay and lesbian rights, the Vagina Monologues, and sexual freedom (without guilt or shame) for women.

This Essay is not meant to be a comprehensive response to the article. Rather, this Essay will counter Kohm's and Holmes's asserted premise-that fighting for reproductive freedoms has left feminists without the strength to fight for other rights. By doing so, …

Enumerated Limits, Normative Principles, And Congressional Overstepping: Why The Civil Rights Provision Of The Violence Against Women Act Is Unconstitutional, Troy Robert Rackham

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

No abstract provided.

The Rise And Fall Of Women's Rights: Have Sexuality And Reproductive Freedom Forfeited Victory?, Lynne Marie Kohm, Colleen Holmes

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

No abstract provided.

Breaking The Code Of Silence: Rediscovering "Custom" In Section 1983 Municipal Liability, Myriam E. Gilles

Articles

No abstract provided.

Colorism: A Darker Shade Of Pale, Taunya Lovell Banks

Faculty Scholarship

In this article, Professor Banks argues that colorism, skin tone discrimination against dark-skinned but not light-skinned blacks, constitutes a form of race-based discrimination. Skin tone discrimination coexists with more traditional forms of race discrimination that impact all blacks without regard to skin tone and phenotype, yet courts seem unwilling to recognize this point. Professor Banks uses employment discrimination cases to illustrate some courts' willingness to acknowledge subtler forms of race-based discrimination, like skin tone discrimination, for white ethnic and Latina/o plaintiffs, but not for black plaintiffs. The inability of courts to fashion coherent approaches to colorism claims involving black claimants …

Race Talk: Patricia J. Williams' Seeing A Color-Blind Future: The Paradox Of Race, Taunya Lovell Banks

Faculty Scholarship

No abstract provided.

Are State-Supported Historically Black Colleges And Universities Justifiable After Fordice?—A Higher Education Dilemma, John A. Moore

Florida State University Law Review

No abstract provided.

Retrieving The Rejected Stone: Rethinking The Marginalization Of The Economic, Social And Cultural Rights Under The African Charter On Human And Peoples' Rights, Shedrack Chukwuemeka Agbakwa

LLM Theses

The 'African Charter on Human and Peoples Rights' is unique in its conceptualization of rights. Among other things, it provides in a single document a core of both economic, social and cultural rights, as well as civil and political rights. However, the 'Charter's' Preamble clearly demonstrates where the emphasis of the document lies. The 'African Charter' asserts a belief that the satisfaction of economic, social and cultural rights is a guarantee for the enjoyment of civil and political rights. Given the grave economic problems facing Africa, the emphasis on economic, social and cultural rights as a precondition for the enjoyment …

Reforming State Brownfield Programs To Comply With Title Vi, Bradford Mank

Faculty Articles and Other Publications

Many states have adopted voluntary action programs to encourage developers to clean up and redevelop brownfields, former industrial or commercial facilities that have some environmental contamination. While brownfields redevelopment often has important benefits, states often allow cleanups that are less stringent than would otherwise be required and that raises the possibility that redevelopment could pose health risks to neighboring residents. Because many brownfield sites are located in areas with significant minority populastions, there is the potential for disproportionate impacts against these groups. If disparate impacts occur, states are arguably liable under Title VI of the 1964 Civil Rights Act. The …

Stop The Presses: Gender Differences Discovered In The Legal Writing Profession, Jo Anne Durako

Women’s Law Forum (2000-2006)

After 25 years of empirical research gathered by legal writing professors to study the legal writing profession, Professor Durako discovered a disturbing disparity. Inclusion of a question regarding gender differences in the legal writing profession in a recent survey revealed some startling news: women directors of legal writing programs are treated less well than men.

Appearance Matters: A Proposal To Prohibit Appearance Discrimination In Employment, Elizabeth M. Adamitis

Washington Law Review

The consideration of appearance in employment decisionmaking context is prevalent and widely accepted. Nonetheless, statutory protection against such discrimination remains limited. Federal protection applies only to claims related to already-protected categories of discrimination, including disability, race, color, religion, sex, national origin, and age. Only one state and a small number of cities and counties explicitly prohibit appearance discrimination in employment. This Comment argues that consideration of appearance in employment decisions is not justified, rational, or beneficial to society unless a bona fide occupational qualification or reasonable business purpose exists. States should adopt statutory protection for appearance to.protect otherwise qualified applicants …

Critical Race Theory And Postcolonial Development Theory: Observations On Methodology, Chantal Thomas

Villanova Law Review (1956 - )

No abstract provided.

Subsidy For Caretaking In Families: Lessons From Foster Care , Catharine J. Ross, Naomi R. Cahn

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Subsidy For Caretaking In Families: Lessons From Foster Care , Catharine J. Ross, Naomi R. Cahn

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Baker V. Vermont, 744 A.2d 864 (Vt. 1999), Sam Charron

American University Journal of Gender, Social Policy & the Law

No abstract provided.