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Civil Rights and Discrimination Commons™

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2003

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Institution
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Articles 121 - 150 of 247

Full-Text Articles in Civil Rights and Discrimination

Living "Off-Stage": The Semiotic Potential Of Narrative In Paula Johnson's Inner Lives: Voices Of African-American Women In Prison, Emily Houh Jan 2003

Living "Off-Stage": The Semiotic Potential Of Narrative In Paula Johnson's Inner Lives: Voices Of African-American Women In Prison, Emily Houh

Faculty Articles and Other Publications

The hopelessness and hopefulness in the voices of the women profiled in Inner Lives exemplify a semiotic response to the racism that permeates the criminal justice and prison systems in the United States. This article asks how, in the telling of their stories and living of their lives, the incarcerated and formerly incarcerated women profiled in the book engage in a working semiotics. The extraordinary thing about the narratives collected by Johnson is that they describe how women who have been placed at the very bottom of the American social consciousness are successfully constructing their own image-repertoires rather than accepting …

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Why The Reparations Movement Should Fail, Gregory Kane Jan 2003

Why The Reparations Movement Should Fail, Gregory Kane

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

No abstract provided.

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Unlawful Discrimination Or A Necessity For A Fair Trial?: Exclusion Of A Law Clerk With A Disability From The Courtroom During Jury Trial Of A Personal Injury Case, Luther A. Granquist Jan 2003

Unlawful Discrimination Or A Necessity For A Fair Trial?: Exclusion Of A Law Clerk With A Disability From The Courtroom During Jury Trial Of A Personal Injury Case, Luther A. Granquist

William Mitchell Law Review

Today, the judicial system, broadly viewed to include bench and bar, jurors, and court personnel, includes more persons of color and more women than ever before. Issues of discrimination on the basis of race and gender continue, but progress has been made. However, few persons with evident disabilities practice law or sit on the bench. Perhaps that is why the very presence of a man with serious disabilities prompts concerns about the effect that he will have, just being there, on the outcome of a case. When more persons with evident disabilities, more persons who use wheelchairs or have personal …

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Critical Interventions: Toward An Expansive Equality Approach To The Doctrine Of Good Faith In Contract Law, Emily Houh Jan 2003

Critical Interventions: Toward An Expansive Equality Approach To The Doctrine Of Good Faith In Contract Law, Emily Houh

Faculty Articles and Other Publications

This article argues that courts should use the doctrine of good faith in contract law to prohibit improper considerations of race in contract formation and performance, and should recognize good faith as a device for eliminating racial subordination that can function beyond the scope of conventional civil rights discourse. Although civil rights laws provide important remedies to victims of discrimination, the elimination of racial subordination cannot remain the exclusive domain of civil rights law. Rather, other substantive areas of law can and should incorporate expansive equality principles to achieve that end. For example, this article demonstrates how the implied obligation …

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Is Marriage Obsolete?, Lynn D. Wardle Jan 2003

Is Marriage Obsolete?, Lynn D. Wardle

Michigan Journal of Gender & Law

Is legal marriage obsolete? Wardle thinks not. In order to understand why not, it is necessary first to grasp the significance of the focus of the discussion on the legal status of marriage. As this Introduction suggests, lack of legal marriage status does not prevent families and communities from treating couples as married nor does the law forbid couples from voluntarily providing each other "marital benefits." Nevertheless, whether marriage is obsolete at the beginning of the twenty-first century is an important question. This article analyzes four dimensions of that question.

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Subject Unrest, Jerome M. Culp Jr., Angela P. Harris, Francisco Valdes Jan 2003

Subject Unrest, Jerome M. Culp Jr., Angela P. Harris, Francisco Valdes

Articles

No abstract provided.

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Civil Rights Plaintiffs And John Doe Defendants: A Study In § 1983 Procedure, Howard M. Wasserman Jan 2003

Civil Rights Plaintiffs And John Doe Defendants: A Study In § 1983 Procedure, Howard M. Wasserman

Faculty Publications

No abstract provided.

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Sumter County, Alabama And The Origins Of The Voting Rights Act, Brian K. Landsberg Jan 2003

Sumter County, Alabama And The Origins Of The Voting Rights Act, Brian K. Landsberg

McGeorge School of Law Scholarly Articles

No abstract provided.

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The Latest Chapter In The Saga Of A Spiritless Law: Detaining Haitian Asylum Seekers As A Violation Of The Spirit And The Letter Of International Law, Michael Rowan Jan 2003

The Latest Chapter In The Saga Of A Spiritless Law: Detaining Haitian Asylum Seekers As A Violation Of The Spirit And The Letter Of International Law, Michael Rowan

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

No abstract provided.

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Statutory Limitations On Civil Rights Of People With Criminal Records, Debbie A. Mukamal, Paul N. Samuels Jan 2003

Statutory Limitations On Civil Rights Of People With Criminal Records, Debbie A. Mukamal, Paul N. Samuels

Fordham Urban Law Journal

State and federal statutory restrictions limit the civil rights of individuals with criminal records and create a barrier to reentry into society. The article explores eight specific areas of restriction: (1) ability to obtain employment, (2) eligibility for public housing, (3) eligibility for public assistance and food stamps, (4) eligibility for student loans, (5) access to records for non-criminal justice purposes, (6) voting rights, (7) drivers' licenses privileges, and (8) rights to be foster and adoptive parents. Finally, the article argues that the government has an obligation ensure fairness and opportunities to reenter society for people with such records.

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Barred From The Vote: Public Attitudes Toward The Disenfranchisement Of Felons, Brian Pinaire, Milton Heumann, Laura Bilotta Jan 2003

Barred From The Vote: Public Attitudes Toward The Disenfranchisement Of Felons, Brian Pinaire, Milton Heumann, Laura Bilotta

Fordham Urban Law Journal

This article explores public attitudes toward the disenfranchisement of felons. Using survey research methods -- Computer Assisted Telephone Interviewing of 503 randomly selected adults -- the authors posed questions related to the purpose of the criminal justice system, public attitudes about treatment and punishment of felons, and public support for the disenfranchisement of felons. The data is aggregated and sorted based on ethnicity, gender, political affiliation, and education. The data demonstrates that the American public does not support permanent disenfranchisement of convicted felons but that it does support some limitations. The authors first review state laws and legal/political issues implicated, …

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Jose Padilla: Enemy Combatant Or Common Criminal, Samantha A. Pitts-Kiefer Jan 2003

Jose Padilla: Enemy Combatant Or Common Criminal, Samantha A. Pitts-Kiefer

Villanova Law Review (1956 - )

No abstract provided.

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The Freedom Of Information Act Post-9/11: Balancing The Public's Right To Know, Critical Infrastructure Protection, And Homeland Security, Kristen Elizabeth Uhl Jan 2003

The Freedom Of Information Act Post-9/11: Balancing The Public's Right To Know, Critical Infrastructure Protection, And Homeland Security, Kristen Elizabeth Uhl

American University Law Review

No abstract provided.

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The Twenty-Eighth Amendment: Why The Constitution Should Be Amended To Grant Congress The Power To Legislate In Furtherance Of The General Welfare, 36 J. Marshall L. Rev. 327 (2003), Casey L. Westover Jan 2003

The Twenty-Eighth Amendment: Why The Constitution Should Be Amended To Grant Congress The Power To Legislate In Furtherance Of The General Welfare, 36 J. Marshall L. Rev. 327 (2003), Casey L. Westover

UIC Law Review

No abstract provided.

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Americans With Disabilities Act (Ada), Seventh Circuit Review, 36 J. Marshall L. Rev. 953 (2003), Paul Cherner, Abel Leon Jan 2003

Americans With Disabilities Act (Ada), Seventh Circuit Review, 36 J. Marshall L. Rev. 953 (2003), Paul Cherner, Abel Leon

UIC Law Review

No abstract provided.

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Freedom Of Discrimination?:The Conflict Between Public Accommodations' Freedom Association And State Anti-Discrimination Laws, 37 J. Marshall L. Rev. 125 (2003), Gregory J. Wartman Jan 2003

Freedom Of Discrimination?:The Conflict Between Public Accommodations' Freedom Association And State Anti-Discrimination Laws, 37 J. Marshall L. Rev. 125 (2003), Gregory J. Wartman

UIC Law Review

No abstract provided.

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In The Supreme Court Of The United States Barbara Grutter, Petitioner, V. Lee Bollinger, Et Al., Respondents. On Writ Of Certiorari To The United States Court Of Appeals For The Sixth Circuit, Jerome S. Hirsch, Joseph N. Sacca, Scott D. Musoff, Mark Lebovitch, Linda M. Wayner Jan 2003

In The Supreme Court Of The United States Barbara Grutter, Petitioner, V. Lee Bollinger, Et Al., Respondents. On Writ Of Certiorari To The United States Court Of Appeals For The Sixth Circuit, Jerome S. Hirsch, Joseph N. Sacca, Scott D. Musoff, Mark Lebovitch, Linda M. Wayner

Michigan Journal of Gender & Law

Brief of the University of Michigan Asian Pacific American Law Students Association, the University of Michigan Black Law Students' Alliance, the University of Michigan Latino Law Students Association, and the University of Michigan Native American Law Students Association as Amici Curiae in Support of Respondents

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Sexism Is A "Family Value", Kimberly Charles Jan 2003

Sexism Is A "Family Value", Kimberly Charles

Cardozo Journal of Equal Rights & Social Justice

The article argues that sexism is an inherent and underlying value in the discourse of the Christian Coalition of America, a prominent Right-Wing group. Rooted in Fundamentalist Christianity, the Coalition's "family values" agenda perpetuates a society of domination, where male authority and control over women are justified as natural and ordained by God. This ideology is evident in their political activism, legal advocacy, and social policies, which systematically undermine women's rights and reinforce gender inequality.

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Can The Environmental Justice Movement Survive Without Title Vi Of The Civil Rights Act, Daniel V. Madrid Jan 2003

Can The Environmental Justice Movement Survive Without Title Vi Of The Civil Rights Act, Daniel V. Madrid

Villanova Environmental Law Journal (1991 - )

No abstract provided.

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The Diversity Dichotomy: The Supreme Courts Reticence To Give Race A Capital R, Tanya M. Washington Jan 2003

The Diversity Dichotomy: The Supreme Courts Reticence To Give Race A Capital R, Tanya M. Washington

Faculty Publications By Year

No abstract provided.

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The Law And Economics Of Critical Race Theory, Mitu Gulati, Devon W. Carbado Jan 2003

The Law And Economics Of Critical Race Theory, Mitu Gulati, Devon W. Carbado

Faculty Scholarship

Legal academics often perceive law and economics (L&E) and critical race theory (CRT) as oppositional discourses. Using a recently published collection of essays on CRT as a starting point, we argue that the understanding of workplace discrimination can be furthered through a collaboration between L&E and CRT. L&E's strength is in its attention to incentives and norms, specifically its concern with explicating how norms incentivize behavior. Its limitation is that it treats race as exogenous and static. Thus, the literature fails to consider how institutional norms affect, and are affected by, race. To put the point another way, L&E does …

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Civil Rights And Civil Liberties: Whose “Rule Of Law”?, William W. Van Alstyne Jan 2003

Civil Rights And Civil Liberties: Whose “Rule Of Law”?, William W. Van Alstyne

Faculty Scholarship

No abstract provided.

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What Exactly Is Racial Diversity?, Devon W. Carbado, Mitu Gulati Jan 2003

What Exactly Is Racial Diversity?, Devon W. Carbado, Mitu Gulati

Faculty Scholarship

No abstract provided.

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Infected Judgment: Legal Responses To Physician Bias, Mary Crossley Jan 2003

Infected Judgment: Legal Responses To Physician Bias, Mary Crossley

Villanova Law Review (1956 - )

No abstract provided.

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Toward Getting Beyond The Blame Game: A Critique Of The Ideology Of Voluntarism In Title Vii Jurisprudence, Sandi Farrell Jan 2003

Toward Getting Beyond The Blame Game: A Critique Of The Ideology Of Voluntarism In Title Vii Jurisprudence, Sandi Farrell

Kentucky Law Journal

No abstract provided.

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Federal Courts: Alexander V. Sandoval: Civil Rights Without Remedies, Benjamin Labow Jan 2003

Federal Courts: Alexander V. Sandoval: Civil Rights Without Remedies, Benjamin Labow

Oklahoma Law Review

No abstract provided.

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Parsing The Meaning Of Adverse Employment Action In Title Vii Disparate Treatment, Sexual Harassment, And Retaliation Claims: What Should Be Actionable Wrongdoing?, Rosalie Berger Levinson Jan 2003

Parsing The Meaning Of Adverse Employment Action In Title Vii Disparate Treatment, Sexual Harassment, And Retaliation Claims: What Should Be Actionable Wrongdoing?, Rosalie Berger Levinson

Oklahoma Law Review

No abstract provided.

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License To Harass Women: Requiring Hostile Environment Sexual Harassment To Be "Severe Or Pervasive" Discriminates Among "Terms And Conditions" Of Employment, Judith J. Johnson Jan 2003

License To Harass Women: Requiring Hostile Environment Sexual Harassment To Be "Severe Or Pervasive" Discriminates Among "Terms And Conditions" Of Employment, Judith J. Johnson

Maryland Law Review

No abstract provided.

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Reparations For Slavery: A Structure For Discussion And Consideration Of U.S. Litigation Alternatives, David I. Levine Jan 2003

Reparations For Slavery: A Structure For Discussion And Consideration Of U.S. Litigation Alternatives, David I. Levine

Faculty Scholarship

No abstract provided.

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Some Thoughts On The Law And Politics Of Reparations For Slavery, Calvin R. Massey Jan 2003

Some Thoughts On The Law And Politics Of Reparations For Slavery, Calvin R. Massey

Faculty Scholarship

No abstract provided.

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