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Civil Rights and Discrimination Commons™

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2002

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Articles 91 - 120 of 197

Full-Text Articles in Civil Rights and Discrimination

The Un-Balanced Fourth Amendment: A Cultural Study Of The Drug War, Racial Profiling And Arvizu, Frank Rudy Cooper Jan 2002

The Un-Balanced Fourth Amendment: A Cultural Study Of The Drug War, Racial Profiling And Arvizu, Frank Rudy Cooper

Villanova Law Review (1956 - )

No abstract provided.


The Intelligent Wickedness Of U.S. Immigration Law Conferring Citizenship To Children Born Abroad And Out-Of-Wedlock: A Feminist Perspective, Manisha Lalwani Jan 2002

The Intelligent Wickedness Of U.S. Immigration Law Conferring Citizenship To Children Born Abroad And Out-Of-Wedlock: A Feminist Perspective, Manisha Lalwani

Villanova Law Review (1956 - )

No abstract provided.


The Colored Man Standing By The Punch Bowl, Michael K. Jordan Jan 2002

The Colored Man Standing By The Punch Bowl, Michael K. Jordan

Faculty Scholarship

This essay will explore racial dissonance and how it affects our thinking about race relations and social policy in America. The first part of this essay will examine the concept of race. Though we often think of race as delineating real characteristics that exist objectively, race is actually a socially created abstraction. In addition, how this abstraction changes over time will also be explored. This is another way of saying that "colored people" has been replaced by the term "black people." The difference between the two terms raises important questions about social policy. Next, this article explores the connection among …


Foreword: The Legal History Of The Great Sit-In Case Of Bell V. Maryland, William L. Reynolds Jan 2002

Foreword: The Legal History Of The Great Sit-In Case Of Bell V. Maryland, William L. Reynolds

Maryland Law Review

No abstract provided.


Introduction: Theorizing The Connections Among Systems Of Subordination, Nancy Levit Jan 2002

Introduction: Theorizing The Connections Among Systems Of Subordination, Nancy Levit

Faculty Works

Theorizing the Connections Among Systems of Subordination introduces a symposium that addresses issues on the leading edge of identity theory, race theory, and critical social theory. It explains the concepts of anti-essentialism, intersectionality, multiple consciousness, multi-dimensionality, and post-intersectionality. It investigates the ways specific types of oppression - such as racism, sexism, classism, and homophobia - support and feed off of one another. It explores the dynamics of subordination that make different forms of subordination connected to each other - the mechanisms by which subordinating systems buttress each other. Where one sees sexism, one frequently can find racism; where classism exists, …


"It's Snowing Down South": How To Help Mothers And Avoid Recycling The Sameness/Difference Debate, Joan C. Williams Jan 2002

"It's Snowing Down South": How To Help Mothers And Avoid Recycling The Sameness/Difference Debate, Joan C. Williams

Faculty Scholarship

No abstract provided.


Canaries In The Mine: Work/Family Conflict And The Law, Joan C. Williams Jan 2002

Canaries In The Mine: Work/Family Conflict And The Law, Joan C. Williams

Faculty Scholarship

No abstract provided.


The Family-Hostile Corporation, Joan C. Williams Jan 2002

The Family-Hostile Corporation, Joan C. Williams

Faculty Scholarship

No abstract provided.


Collateral Damage In The War On Drugs, Graham Boyd Jan 2002

Collateral Damage In The War On Drugs, Graham Boyd

Villanova Law Review (1956 - )

No abstract provided.


U.S. Border Enforcement: Drugs, Migrants, And The Rule Of Law, Kevin R. Johnson Jan 2002

U.S. Border Enforcement: Drugs, Migrants, And The Rule Of Law, Kevin R. Johnson

Villanova Law Review (1956 - )

No abstract provided.


Korematsu's Ghost: A Post-September 11th Analysis Of Race And National Security, Liam Braber Jan 2002

Korematsu's Ghost: A Post-September 11th Analysis Of Race And National Security, Liam Braber

Villanova Law Review (1956 - )

No abstract provided.


Drug Exceptionalism, Erik Luna Jan 2002

Drug Exceptionalism, Erik Luna

Villanova Law Review (1956 - )

No abstract provided.


Racial Profiling In Jury Selection: The Third Circuit Revisits The Batson Inquiry In Riley V. Taylor, Oluseyi Olubadewo Jan 2002

Racial Profiling In Jury Selection: The Third Circuit Revisits The Batson Inquiry In Riley V. Taylor, Oluseyi Olubadewo

Villanova Law Review (1956 - )

No abstract provided.


Vigilante Racism: The De-Americanization Of Immigrant America, Bill Ong Hing Jan 2002

Vigilante Racism: The De-Americanization Of Immigrant America, Bill Ong Hing

Michigan Journal of Race and Law

Sadly, the de-Americanization process is capable of reinventing itself generation after generation. We have seen this exclusionary process aimed at those of Jewish, Asian, Mexican, Haitian, and other descent throughout the nation's history. De-Americanization is not simply xenophobia, because more than fear of foreigners is at work. This is a brand of nativism cloaked in a Euro-centric sense of America that combines hate and racial profiling. Whenever we go through a period of de-Americanization like what is currently happening to South Asians, Arabs, Muslim Americans, and people like Wen Ho Lee-a whole new generation of Americans sees that exclusion and …


New Look At Sexual Harassment Under The Fair Housing Act: The Forgotten Role Of 3604, Rigel C. Oliveri, Robert G. Schwemm Jan 2002

New Look At Sexual Harassment Under The Fair Housing Act: The Forgotten Role Of 3604, Rigel C. Oliveri, Robert G. Schwemm

Faculty Publications

This Article argues that § 3604(c) is applicable in virtually every sexual harassment case involving housing and that its applicability means the FHA can be a more effective statute for attacking sexual harassment than Title VII. Part I reviews the law governing sexual harassment in housing, including the role that Title VII precedents have had in shaping this law. Part II shows how § 3604(c) goes further than its Title VII counterpart in prohibiting statements that are often at the heart of a sexual harassment claim and identifies some specific situations in which § 3604(c) may be helpful in challenging …


Another Place Beyond Here: The Death Penalty Moratorium In The United States, Jeffrey L. Kirchmeier Jan 2002

Another Place Beyond Here: The Death Penalty Moratorium In The United States, Jeffrey L. Kirchmeier

University of Colorado Law Review

No abstract provided.


Job Segregation, Gender Blindness, And Employee Agency Symposium: Law, Labor, And Gender - New Perspectives On Labor And Gender, Tracy E. Higgins Jan 2002

Job Segregation, Gender Blindness, And Employee Agency Symposium: Law, Labor, And Gender - New Perspectives On Labor And Gender, Tracy E. Higgins

Faculty Scholarship

Almost forty years after the enactment of Title VII, women's struggle for equality in the workplace continues. Although Title VII was intended to "break[] down old patterns of segregation and hierarchy," the American workplace remains largely gender-segregated. Indeed, more than one-third of all women workers are employed in occupations in which the percentage of women exceeds 80%. Even in disciplines in which women have made gains, top status (and top paying) jobs remain male-dominated while the lower status jobs are filled by women. This pattern of gender segregation, in turn, accounts for a substantial part of the persistent wage gap …


Dying Twice: Conditions On New York's Death Row, Michael B. Mushlin Jan 2002

Dying Twice: Conditions On New York's Death Row, Michael B. Mushlin

Elisabeth Haub School of Law Faculty Publications

In 1995 New York State revived the death penalty as a punishment for certain categories of murder, and established a “death row” for condemned men at the Clinton Correctional Facility in Dannemora, New York (variously, “Clinton” or the “Prison”). Four years later, in October 1999, two committees of the Association of the Bar of the City of New York (the “Association”) joined together to study the conditions of confinement on this death row--or, as it is officially called, the Unit for Condemned Persons (the “UCP”). These committees--the Committee on Corrections and the Committee on Capital Punishment--formed a joint subcommittee (the …


For White Women: Your Blues Ain't Like Mine, But We All Hide Our Faces And Cry--Literary Illumination For White And Black Sister/Friends, Angela Mae Kupenda Jan 2002

For White Women: Your Blues Ain't Like Mine, But We All Hide Our Faces And Cry--Literary Illumination For White And Black Sister/Friends, Angela Mae Kupenda

Journal Articles

No abstract provided.


Reasons To Eschew Federal Lawmaking And Embrace Common Law Approaches To Genetic Discrimination, S. Candice Hoke Jan 2002

Reasons To Eschew Federal Lawmaking And Embrace Common Law Approaches To Genetic Discrimination, S. Candice Hoke

Law Faculty Articles and Essays

The main charge to me is to show you alternatives other than, for instance, federal legislation that could be deployed to rectify genetic discrimination.You may have noticed that in our conference materials, and in a number of the presentations, there has been either an explicit or an implicit call along the lines of “there ought to be a law that ...” Professor Hoffman and I agree: there ought to be some laws, but I want to talk to you a little bit about two possible, two real goals here.One is to ask you to critically evaluate whether a federal statute …


Constitutional Classifications And The "Gay Gene", Susan J. Becker Jan 2002

Constitutional Classifications And The "Gay Gene", Susan J. Becker

Law Faculty Articles and Essays

In this essay the author discusses the use of genetic information to classify individuals for purposes of the law, and more specifically, the impact of the so-called “gay gene” on legal classifications.


Dissecting Axes Of Subordination: The Need For A Structural Analysis, Darren Lenard Hutchinson Jan 2002

Dissecting Axes Of Subordination: The Need For A Structural Analysis, Darren Lenard Hutchinson

UF Law Faculty Publications

Proceedings of a criminal trial in Dallas, Texas, demonstrate the vulnerability of LGBT individuals to judicial bias. Although the jury convicted the defendant of murdering two gay males, the judge explained his light sentence: "I put prostitutes and gays at about the same level, and I'd be hard put to give somebody life for killing a prostitute . . . had [the victims] not been out there trying to spread AIDS, they'd still be alive today . . . These two guys that got killed wouldn't have been killed if they hadn't been cruising the streets picking up teen-age boys …


New Complexity Theories: From Theoretical Innovation To Doctrinal Reform, Darren Lenard Hutchinson Jan 2002

New Complexity Theories: From Theoretical Innovation To Doctrinal Reform, Darren Lenard Hutchinson

UF Law Faculty Publications

During the latter part of the twentieth century, progressive scholars in various fields of study have developed a large body of works analyzing identity politics. Within legal scholarship, critical race, feminist, anti-heterosexist, and other progressive theorists have demonstrated how legal doctrines and policies perpetuate social hierarchy and reinforce the domination of oppressed classes. The efforts of progressive scholars (and activists) to launch a unified critique of injustice, however, has proved difficult - due in part to the variety of theoretical and doctrinal options available to counter subordination and also to the intractable nature of institutionalized oppression. Yet, progressive scholars have …


Let The Jury Decide: The Gap Between What Judges And Reasonable People Believe Is Sexually Harassing, Theresa M. Beiner Jan 2002

Let The Jury Decide: The Gap Between What Judges And Reasonable People Believe Is Sexually Harassing, Theresa M. Beiner

Law Faculty Scholarship

No abstract provided.


Breaking Out: Vmi And The Coming Of Women By Laura Fairchild Brodie, Melissa Nimit Jan 2002

Breaking Out: Vmi And The Coming Of Women By Laura Fairchild Brodie, Melissa Nimit

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

No abstract provided.


Sexual Harassment And Disparate Impact: Should Non-Targeted Workplace Sexual Conduct Be Actionable Under Title Vii?, Kelly Cahill Timmons Jan 2002

Sexual Harassment And Disparate Impact: Should Non-Targeted Workplace Sexual Conduct Be Actionable Under Title Vii?, Kelly Cahill Timmons

Faculty Publications By Year

No abstract provided.


The Tuttle Trilogy: Habeas Corpus And Human Rights, Anne S. Emanuel Jan 2002

The Tuttle Trilogy: Habeas Corpus And Human Rights, Anne S. Emanuel

Faculty Publications By Year

No abstract provided.


Demography And Desegregation In The Cleveland Public Schools: Toward A Comprehensive Theory Of Educational Failure And Success, William D. Henderson Jan 2002

Demography And Desegregation In The Cleveland Public Schools: Toward A Comprehensive Theory Of Educational Failure And Success, William D. Henderson

Articles by Maurer Faculty

In recent years, courts and commentators have routinely assumed that the desegregation era caused white flight and contributed to the deterioration of urban schools. Cleveland is often cited as a prototypical example of this misguided policy. The empirical basis for this belief, however, has been assumed rather than proven. This article uses the critical case study method to assess how the 1976 Cleveland desegregation order altered pre-existing demographic patterns within the Cleveland metropolitan area. Specifically, the article draws upon the social science literature to construct two theories of central city decline: (1) studies that link increased rates of white flight …


Labor And Employment In The Academy - A Critical Look At The Ivory Tower: Proceedings Of The 2002 Annual Meeting Of The Association Of American Law Schools, Joint Program Of The Section On Labor Relations And Employment Law And Section On Minority Groups, Elizabeth M. Iglesias, Jo Anne Durako, Devon Wayne Carbado, Margaret E. Montoya, Michael A. Olivas, Rex R. Perschbacher, Douglas D. Scherer, Vicki Schultz Jan 2002

Labor And Employment In The Academy - A Critical Look At The Ivory Tower: Proceedings Of The 2002 Annual Meeting Of The Association Of American Law Schools, Joint Program Of The Section On Labor Relations And Employment Law And Section On Minority Groups, Elizabeth M. Iglesias, Jo Anne Durako, Devon Wayne Carbado, Margaret E. Montoya, Michael A. Olivas, Rex R. Perschbacher, Douglas D. Scherer, Vicki Schultz

Articles

No abstract provided.


Foreword: The Legal History Of The Great Sit-In Case Of Bell V. Maryland, William L. Reynolds Jan 2002

Foreword: The Legal History Of The Great Sit-In Case Of Bell V. Maryland, William L. Reynolds

Faculty Scholarship

Reviews the environment and history of the 1960 Baltimore sit-in case that eventually made its way to the United States Supreme Court.