Civil Rights and Discrimination Commons^™

Reflections On Brown, Paul D. Carrington

The Journal of Appellate Practice and Process

No abstract provided.

Lessons From And For "Disabled" Students, Sharon E. Rush

UF Law Faculty Publications

The traditional understanding of "disabled" means to have a physical, mental, or emotional limitation. It is unfortunate that the word has negative connotations because we all have the ability to do some things and not others. An individual's disabilities, traditional or otherwise, do not diminish the person or detract from the universal tenet that all people are inherently equal and entitled to be treated with dignity. Generally, it is unproductive to compare the circumstances of one group with another for the purpose of discerning which group has it better or worse. Struggles by different groups to achieve equality have different …

"Accommodations" For The Learning Disabled: A Level Playing Field Or Affirmative Action For Elites?, Craig S. Lerner

Vanderbilt Law Review

A growing number of students in American higher education are being diagnosed as "learning disabled" and then using that diagnosis to secure beneficial "accommodations," such as extra time on exams. These accommodations are often said to be mandated by the Americans with Disabilities Act (ADA). This Article challenges the premise that the ADA necessarily requires educational institutions to provide learning disabled students with any accommodations. The ADA defines "disability" as an impairment that substantially limits a major life activity. Whether one is substantially limited is determined with reference not to one's innate abilities, but to the skills of the average …

The Free Exercise Of Discrimination: Religious Liberty, Civic Community And Women's Equality, Gila Stopler

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

No abstract provided.

Editor's Note, Shellie L. Sewell

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

International And Transracial Adoptions: Toward A Global Critical Race Feminist Practice?, Bernie D. Jones

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Recruiting And Retaining Faculty Of Color In The Legal Academy: A Longstanding Commitment Of The Association Of American Law Schools, Veryl Victoria Miles

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Cognitive Dissonance Theory: A Case Study Of Loving V. Virginia, Bowers V. Hard Wick, And Lawrence V. Texas, Andrea Celina Coleman

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Give Them Their Due: An African-American Reparations Program Based On The Native American Federal Aid Model, Mishael A. Danielson, Alexis Pimentel

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Virginia V. Black,123 S. Ct. 1536 (2003), Angela R. Ernst

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Reflections On Brown Vs. Board Of Education: Four Law Librarians Share Their Experiences Growing Up During The Brown Era, April Schwartz, Marvin R. Anderson, Yvonne Chandler, Ruth J. Hill

Scholarly Works

No abstract provided.

Same-Sex Partners And Family Class Immigration: Still Not Equal With Opposite-Sex Partners, Donald G. Caswell

Dalhousie Law Journal

The Immigration and Refugee Protection Act, which came into force in 2002, and the Regulations under it, expanded family class immigration to include commonlaw partners and conjugal partners in addition to spouses A common-law partner or a conjugal partner may be either an opposite-sex or same-sex partner-as can a spouse, depending upon the currently evolving law with respect to samesex marriage. Under the former Immigration Act, same-sex partners had been admitted pursuant to the discretion to admit immigrants on the basis of compassionate or humanitarian considerations. After examining the admission of same-sex partners under both the former and the current …

Profiling With Apologies, Sherry F. Colb

Cornell Law Faculty Publications

No abstract provided.

Affirmative Action: Equality Or Reverse Discrimination?, Gabriel Patrick Wasson

Senior Honors Theses

The practice of affirmative action has recently been at the vanguard of intense debate more than any other time in its forty-year history. A growing number of programs including quotas, preferential hiring, minority scholarships, diversity, and reverse discrimination have all been linked to affirmative action, which aims to break down the wall of segregation that excluded racial minorities and women from the workplace and in education. Two class-action lawsuits, Gratz v. Bollinger [02-516] and Gnttter v. Bollinger [02-241], filed in response to white students being denied admission to the University of Michigan's undergraduate and law school program, provided the United …

Another Of Roger William's Gifts: Women's Right To Liberty Of Conscience: Joshua Verin V. Providence Plantations, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.

Lawrence V. Texas: Evolution Of Constitutional Doctrine, Diana Hassel

Law Faculty Scholarship

No abstract provided.

How About A Little Perspective? The Usa Patriot Act And The Use And Abuses Of History, Jeffrey A. Breinholt

ExpressO

A historical analysis of the U.S. law enforcement response to threatened terrorism, showing that the USA PATRIOT and other modern counterterrorism methods are neither unpredecented nor unconstitutional and that U.S. courts remain a haven for persons who feel threatened by government actions taken in the name of national security.

What's Really Wrong With Compelled Association?, Seana V. Shiffrin

ExpressO

What's Really Wrong With Compelled Association?

The article presents an original account of the value of freedom of association, one more intimately tied to freedom of speech values than the models of association implicit in much commentary and in such U.S. Supreme Court cases as Boy Scouts v. Dale and Roberts v. U.S. Jaycees. Standard models view the relationship between associations and free speech as instrumental. On these accounts, voluntary associations serve as sites for individuals with a defined point of view to congregate together and make their communication louder and more effective. While voluntary associations may sometimes serve this …

Gay And Lesbian Rights To Procreate And Access To Assisted Reproductive Technology, John A. Robertson

ExpressO

No abstract provided.

Contributions From The Social Sciences, Howard Gadlin

Journal of Legal Education

No abstract provided.

The Pervasiveness Of Culture In Conflict, Pat K. Chew

Journal of Legal Education

No abstract provided.

The Needle And The Damage Done: How Hoffman Plastics Promotes Sweatshops And Illegal Immigration And What To Do About It , Jennifer S. Berman

ExpressO

This paper examines the intersection of immigration and labor law as developed in federal law, culminating in the recent Supreme Court case, Hoffman Plastics. Arguing that Hoffman was wrongly decided, the paper further demonstrates that stronger penalties are necessary under the NLRA to deter employer wrongdoing, protect workers’ rights, and slow the proliferation of sweatshops.

Correspondence: Letter, March 12, 2004 To Chairperson Phillips, Request To Serve As A Trustee Of The Jessie Ball Dupont Fund, Edna Louise Saffy

Saffy Collection - All Textual Materials

A letter from Dr. Saffy to Mary K. Phillips, Chairperson of the Nominating Committee applying to serve as a trustee of the DuPont Fund.

Citizens Of An Enemy Land: Enemy Combatants, Aliens, And The Constitutional Rights Of The Pseudo-Citizen, Juliet P. Stumpf

ExpressO

No abstract provided.

Beyond Reparations: An American Indian Theory Of Justice, William C. Bradford

ExpressO

The number of states, corporations, and religious groups formally disowning past records of egregious human injustice is mushrooming. Although the Age of Apology is a global phenomenon, the question of reparations—a tort-based mode of redress whereby a wrongdoing group accepts legal responsibility and compensates victims for the damage it inflicted upon them—likely consumes more energy, emotion, and resources in the U.S. than in any other jurisdiction. Since the final year of the Cold War, the U.S. and its political subdivisions have apologized or paid compensation to Japanese-American internees, native Hawaiians, civilians killed in the Korean War, and African American victims …

Boy Scouts & Burning Crosses: Bringing Balance To The Court’S Lopsided Approach To The Intersection Of Equality And Speech, Russell K. Robinson

ExpressO

This article identifies a previously-ignored pattern of Supreme Court decisions that privilege one competing constitutional value, either speech or equality, and subordinate the other—with little or no reasoning explaining its choice. In adjudicating such cases, including two cases decided last term, the Supreme Court has steadfastly treated these disputes as either a basic equality case or a simple speech case. This dichotomy is a problem because once the Court places a case within either a speech or equality paradigm, it is constrained by certain rigid analytical presumptions. These presumptions threaten to stunt the analysis and to deprive the Court of …

Protecting Access To Extracurricular Activites: The Need To Recognize A Fundamental Right To A Minimally Adequate Education, Nicholas A. Palumbo

Brigham Young University Education and Law Journal

No abstract provided.

When Equality Leaves Everyone Worse Off: The Problem Of Leveling Down In Equality Law, Deborah L. Brake

ExpressO

Existing case law and legal scholarship assume that inequality may be remedied in one of two ways: improving the lot of the disfavored group to match that of the most favored group, or lowering the level of treatment for the favored group until their members fare as badly as the persons complaining of inequality. The term “leveling down” refers to the latter response. The 1971 case of Palmer v. Thompson provides the classic example of the typical judicial response to leveling down: the Supreme Court accepted the decision of Jackson, Mississippi, to close its swimming pools, rather than operate them …

Constitutional Interpretation And Coercive Interrogation After Chavez V. Martinez, John T. Parry

ExpressO

Using the Supreme Court's decision last Term in Chavez v. Martinez as a launching pad, this article reveals and addresses fundamental tensions in constitutional interpretation, the law of interrogation, and civil rights litigation. First, this article highlights the importance of remedies to the definition of constitutional rights, which compels us to jettison the idea of prophylactic rules and accept Congress's role in constitutional interpretation. Armed with these insights, the article next considers the law of coercive interrogation. I explain why the privilege against self-incrimination is more than a trial right, and I redefine the central holding of Miranda to take …

The Sport Of Numbers: Manipulating Title Ix To Rationalize Discrimination Against Women, Lisa Yonka Stevens

Brigham Young University Education and Law Journal

No abstract provided.