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Civil Rights and Discrimination Commons™

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2001

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Articles 61 - 90 of 226

Full-Text Articles in Civil Rights and Discrimination

The Nullification Of Section 718.2(E): Aggravating Aboriginal Over-Representation In Canadian Prisons, Renee Pelletier Apr 2001

The Nullification Of Section 718.2(E): Aggravating Aboriginal Over-Representation In Canadian Prisons, Renee Pelletier

Osgoode Hall Law Journal

This article considers the disproportionate incarceration rate of Aboriginal offenders in Canadian prisons and the effectiveness of Parliament's attempts at alleviating this problem through the enactment of section 718.2(e) of the Criminal Code. This article focuses primarily on two recent Supreme Court of Canada decisions-R. v. Gladue and R. v. Wells. It is argued that the Court's narrow view of systemic factors, the Imitation it places on section 718.2(e) through its discussion of serious offences, as well as a number of practical problems inherent in the framework provided by the Court, strip the provision of its remedial intent. The article …

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An Effective Compromise: Class-Based Affirmative Action In Boston Schools, Gabriel O'Malley Mar 2001

An Effective Compromise: Class-Based Affirmative Action In Boston Schools, Gabriel O'Malley

New England Journal of Public Policy

The author seeks to shift the traditional focus of the affirmative action debate from race to class. With the Boston Latin School as an example, he argues that, under certain circumstances, a shift in an admission policy based on preferences from race to class will maintain academic standards while increasing minority representation; it will also expand opportunity for economically underprivileged youths who have succeeded academically despite the obstacles they face. A focus on class rather than race offers both sides of the affirmative action debate a philosophy that can be reconciled with their views on race-based affirmative action. In certain …

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Editor's Note, Padraig O'Malley Mar 2001

Editor's Note, Padraig O'Malley

New England Journal of Public Policy

The editor speaks about the political unrest with the 2000 presidential election. He also speaks about the war in Angola. He speaks about the civi duty we have to mankind across the globe and the government's influence on other countries.

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The Law Of White Spaces: Race, Culture, And Legal Education, Peter Goodrich, Linda G. Mills Mar 2001

The Law Of White Spaces: Race, Culture, And Legal Education, Peter Goodrich, Linda G. Mills

Journal of Legal Education

No abstract provided.

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Racial Balancing Provisions And Charter Schools: Are Charter Schools Out On A Constitutional Limb?, Preston C. Green Iii Mar 2001

Racial Balancing Provisions And Charter Schools: Are Charter Schools Out On A Constitutional Limb?, Preston C. Green Iii

Brigham Young University Education and Law Journal

No abstract provided.

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The Equal Access Act And Public Schools: What Are The Legal Issues Related To Recognizing Gay Student Groups?, Ralph D. Mawdsley Mar 2001

The Equal Access Act And Public Schools: What Are The Legal Issues Related To Recognizing Gay Student Groups?, Ralph D. Mawdsley

Brigham Young University Education and Law Journal

No abstract provided.

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Katie John V. United States: Balancing Alaskan State Sovereignty With A Native Grandmother's Right To Fish, Ryan T. Peel Mar 2001

Katie John V. United States: Balancing Alaskan State Sovereignty With A Native Grandmother's Right To Fish, Ryan T. Peel

Brigham Young University Journal of Public Law

No abstract provided.

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Symposium Introduction - Brown V. Board Of Education After Fifty Years: Context And Synopsis, James L. Hunt Mar 2001

Symposium Introduction - Brown V. Board Of Education After Fifty Years: Context And Synopsis, James L. Hunt

Mercer Law Review

For white Southerners, the United States Supreme Court's decision in Brown v. Board of Education was important because it challenged racial discrimination in the most important governmental function of their communities: public education. As a consequence, the significance of Brown is not limited to the legal strategies of the parties or the decision-making process on the Supreme Court, however critical those activities were. Of additional usefulness in understanding Brown is the experience of the people who would either defy or support it. The essential political nature of Brown requires an effort to consider its impact at the local level. The …

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Lead Article - Setting The Stage For Brown: The Development And Implementation Of The Naacp's School Desegregation Campaign, 1930-1950, Leland B. Ware Mar 2001

Lead Article - Setting The Stage For Brown: The Development And Implementation Of The Naacp's School Desegregation Campaign, 1930-1950, Leland B. Ware

Mercer Law Review

The protest against segregation began early in the twentieth century, not long after the Supreme Court's 1896 decision in Plessy v. Ferguson. The fight was led by the National Association for the Advancement of Colored Persons ("NAACP"), which was founded in 1909 by a group of black activists and white progressives. After years of lobbying, organizing local chapters, and engaging in other activities, the NAACP shifted its direction. In the early 1930s, the organization embarked on a long-range, carefully coordinated litigation campaign that challenged the laws that enforced segregation. During the years that followed, a legal revolution was set …

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Panel Discussion Mar 2001

Panel Discussion

Mercer Law Review

A Transcript featuring William H. Harbaugh, E. Barrett Prettyman Jr., Mark O. Tushnet, Leland B. Ware, John O. Cole, Moderator, and a Special Video Presentation by Oliver W. Hill

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Tax Expenditures, Social Justice, And Civil Rights: Espanding The Scope Of Civil Rights Laws To Apply To Tax-Exempt Charities, David A. Brennen Mar 2001

Tax Expenditures, Social Justice, And Civil Rights: Espanding The Scope Of Civil Rights Laws To Apply To Tax-Exempt Charities, David A. Brennen

BYU Law Review

No abstract provided.

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The Uncertain Future Of Title Vii Class Actions After The Civil Rights Act Of 1991, Daniel F. Piar Mar 2001

The Uncertain Future Of Title Vii Class Actions After The Civil Rights Act Of 1991, Daniel F. Piar

BYU Law Review

No abstract provided.

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Indian Tribes, Civil Rights, And Federal Courts, Robert D. Probasco Mar 2001

Indian Tribes, Civil Rights, And Federal Courts, Robert D. Probasco

Faculty Scholarship

A citizen’s civil rights include protections against certain actions by three different governments – federal, state, and tribal. If the federal or a state government violates your civil rights, you can seek a remedy in federal court, including injunctive or declaratory judgment and damages. But the Supreme Court decided in Santa Clara Pueblo v. Martinez that that – other than habeas corpus relief – you cannot challenge a civil rights violation by an Indian tribe in federal court. The decision has resulted in a significant amount of controversy and proposals that Congress explicitly grant such jurisdiction. This article reviews the …

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The Land Crisis In Zimbabwe: Getting Beyond The Myopic Focus Upon Black & White, Thomas W. Mitchell Mar 2001

The Land Crisis In Zimbabwe: Getting Beyond The Myopic Focus Upon Black & White, Thomas W. Mitchell

Faculty Scholarship

This article deconstructs the role that race played in the land crisis in Zimbabwe that occurred in Zimbabwe in the late 1990s and earls 2000s. The article makes it clear that the government of Zimbabwe did not extend robust property rights to its black majority population for the most part even as it took land from large white landowners. This is revealing given that the government's primary justification for taking land from large white landowners was that the black majority unjustly owned little property in Zimbabwe as a result of colonialist and neocolonialist, discriminatory polices.

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Transcript Of Speech On American Atheists' Position On Religion In The Public Schools, Ellen Johnson Feb 2001

Transcript Of Speech On American Atheists' Position On Religion In The Public Schools, Ellen Johnson

William & Mary Bill of Rights Journal

Religious discussion in American public schools is one of the more controversial issues in modern education. Ellen Johnson not only explains the American Atheists 'position on the issue, but also presents observations from the often-ignored Atheist perspective. Johnson's remarks serve to remind us that there are other views on the subject besides the popular opinions concerning accommodation and access to school facilities.

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A Tale Of Two Concurrences: Same-Sex Marriage And Products Liability, John G. Culhane Feb 2001

A Tale Of Two Concurrences: Same-Sex Marriage And Products Liability, John G. Culhane

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

No abstract provided.

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Q: Will The Supreme Court Intervention In Florida Fail The Test Of Time?, Ira Glasser, Alan J. Meese Jan 2001

Q: Will The Supreme Court Intervention In Florida Fail The Test Of Time?, Ira Glasser, Alan J. Meese

Popular Media

No abstract provided.

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Litigating Age And Disability Claims Against State And Local Government Employers In The New "Federalism" Era, Ivan E. Bodensteiner, Rosalie Levinson Jan 2001

Litigating Age And Disability Claims Against State And Local Government Employers In The New "Federalism" Era, Ivan E. Bodensteiner, Rosalie Levinson

Law Faculty Publications

No abstract provided.

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Marriage As A Trade: Bridging The Private/Private Distinction, Martha M. Ertman Jan 2001

Marriage As A Trade: Bridging The Private/Private Distinction, Martha M. Ertman

Faculty Scholarship

No abstract provided.

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What Is A Community? Group Rights And The Constitution: The Special Case Of African Americans, Taunya Lovell Banks Jan 2001

What Is A Community? Group Rights And The Constitution: The Special Case Of African Americans, Taunya Lovell Banks

Faculty Scholarship

No abstract provided.

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Choosing Equality: School Choice, The Consitution, And Civil Society By Joseph P. Viteritti, Brian P. Marron Jan 2001

Choosing Equality: School Choice, The Consitution, And Civil Society By Joseph P. Viteritti, Brian P. Marron

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

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Fighting Words, Richard L. Abel Jan 2001

Fighting Words, Richard L. Abel

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

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Using § 1983 To Enforce Title Vi's Section 602 Regulations, Bradford Mank Jan 2001

Using § 1983 To Enforce Title Vi's Section 602 Regulations, Bradford Mank

Faculty Articles and Other Publications

This Article examines the circumstances under which § 1983 suits may be used to enforce agency regulations in general, and Title VI's disparate impact regulations in particular.

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Women At War: An Evolutionary Perspective, Kingsley R. Browne Jan 2001

Women At War: An Evolutionary Perspective, Kingsley R. Browne

Law Faculty Research Publications

No abstract provided.

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Genetic Testing And Employment Litigation, Harry Zanville Jan 2001

Genetic Testing And Employment Litigation, Harry Zanville

Journal of Law and Health

There are a number of very surprising studies that talk about the absolute amenability of these healthcare providers to turn over information without authority. So when we go over those kinds of facts and in some cases partial assumption together, you end up in a context where bad things can happen to good people, and that's what the Burlington Northern Santa Fe (BNSF) case really was about.

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Understanding The "Understanding": Federalism Constraints On Human Rights Implementation, Brad R. Roth Jan 2001

Understanding The "Understanding": Federalism Constraints On Human Rights Implementation, Brad R. Roth

Law Faculty Research Publications

No abstract provided.

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A Matter Of Class: The Impact Of Brown V. Mclean On Employee Discharge Cases, Christina M. Sautter Jan 2001

A Matter Of Class: The Impact Of Brown V. Mclean On Employee Discharge Cases, Christina M. Sautter

Villanova Law Review (1956 - )

No abstract provided.

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Sexists, Misogynists And The Male-Dominated Workplace: Whether Prevailing Workplace Norms Should Discredit A Hostile Work Environment In Williams V. General Motors Corp., Maresa Torregrossa Jan 2001

Sexists, Misogynists And The Male-Dominated Workplace: Whether Prevailing Workplace Norms Should Discredit A Hostile Work Environment In Williams V. General Motors Corp., Maresa Torregrossa

Villanova Law Review (1956 - )

No abstract provided.

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Pause At The Rubicon, John Marshall And Emancipation: Reparations In The Early National Period?, 35 J. Marshall L. Rev. 75 (2001), Frances Howell Rudko Jan 2001

Pause At The Rubicon, John Marshall And Emancipation: Reparations In The Early National Period?, 35 J. Marshall L. Rev. 75 (2001), Frances Howell Rudko

UIC Law Review

No abstract provided.

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Lucas Rosa V. Park West Bank And Trust Company, Katherine M. Franke Jan 2001

Lucas Rosa V. Park West Bank And Trust Company, Katherine M. Franke

Michigan Journal of Gender & Law

In July of 1998 something rather mundane happened: Lucas Rosa walked into Park West Bank in Holyoke, Massachusetts and asked for a loan application. Since it was a warm summer day, and because she wanted to look credit-worthy, Rosa wore a blousey top over stockings. Suddenly, the mundane transformed into the exceptional: When asked for some identification, Rosa was told that no application would be forthcoming until and unless she went home, changed her clothes and returned attired in more traditionally masculine/male clothing. Rosa, a biological male who identifies herself as female was, it seems, denied a loan application on …

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