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Civil Rights and Discrimination Commons™

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2005

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Articles 181 - 210 of 306

Full-Text Articles in Civil Rights and Discrimination

Constitutional Dialogue And The Civil Rights Act Of 1964, Joel K. Goldstein Jan 2005

Constitutional Dialogue And The Civil Rights Act Of 1964, Joel K. Goldstein

All Faculty Scholarship

The Civil Rights Act of 1964 [1] represented a seminal legislative accomplishment of the twentieth century. Its eleven titles addressed racial discrimination in voting (Title I), public accommodations (Title II), public facilities (Title III), public education (Title IV), publicly financed programs (Title VI) and employment (Title VII).[2] It sought to remedy legislatively the Jim Crow laws and practices that had long contributed to making blacks second-class citizens in America and it provided the Executive Branch tools, especially in Title III and VI, to help implement Brown v. Board of Education.[3] In view of the bill’s focus on racial discrimination, one …

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Back To Bakke: Defining The Strict Scrutiny Test For Affirmative Action Policies Aimed At Achieving Diversity In The Classroom, Leslie Yalof Garfield Jan 2005

Back To Bakke: Defining The Strict Scrutiny Test For Affirmative Action Policies Aimed At Achieving Diversity In The Classroom, Leslie Yalof Garfield

Elisabeth Haub School of Law Faculty Publications

This Article will identify the new strict scrutiny test, and will consider the reason for creating a separate definition of strict scrutiny for evaluating affirmative action policies that achieve diversity in the classroom. Part II of the Article will review constitutional challenges to affirmative action policies prior to Grutter and Gratz, and will discuss the split in the circuits that resulted from the Court's failure to endorse Justice Powell's definition of a compelling governmental interest in Bakke. Part III will provide an analysis of the Grutter and Gratz decisions, with a particular focus on each Court's discussion of the strict …

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Statutes Of Limitations: A Policy Analysis In The Context Of Reparations Litigation, Suzette M. Malveaux Jan 2005

Statutes Of Limitations: A Policy Analysis In The Context Of Reparations Litigation, Suzette M. Malveaux

Publications

This article discusses the underlying policy rationales for statutes of limitations and their exceptions, as demonstrated by Supreme Court precedents. This article explores limitations law in the context of a case brought by African-American survivors of the Tulsa Race Riot of 1921 who sought restitution from the local government for its participation in one of the worst race riots in American history, in violation of their constitutional and federal civil rights. Using the Tulsa case as an exemplar, this article analyzes the propriety of the case’s dismissal as time-barred, and contends that this outcome was unwarranted under precedents and failed …

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The Majoritarian Difficulty: Affirmative Action, Sodomy, And Supreme Court Politics, Darren Lenard Hutchinson Jan 2005

The Majoritarian Difficulty: Affirmative Action, Sodomy, And Supreme Court Politics, Darren Lenard Hutchinson

UF Law Faculty Publications

Contemporary debates over recent Court decisions provide a rich context to weigh claims of judicial countermajoritarianism against the work of constitutional theorists, critical legal scholars, and political scientists who view the Court as a majoritarian body. In particular, the Court's decisions in Lawrence v. Texas, Gratz v. Bollinger, and Grutter v. Bollinger have reignited arguments concerning the propriety of judicial review. Prominent judicial commentators have described the decisions as important, and unexpected, civil rights victories from a markedly conservative Court. Liberal and conservative scholars and activists seem to agree with this description: mainline civil rights organizations and liberal scholars view …

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Black Protectionism As A Civil Rights Strategy, Katheryn Russell-Brown Jan 2005

Black Protectionism As A Civil Rights Strategy, Katheryn Russell-Brown

UF Law Faculty Publications

This Article has identified and outlined the parameters of Black protectionism, a practice used by African-Americans to protect prominent community members who have been charged with criminal or unethical activity. This practice took root during slavery-during a time when a false or minor charge against one African-American could result in death or great bodily harm to him and scores of other African-Americans. History has cultivated a culture of Black mistrust of Whites in particular and mainstream society in general. This suspicion is reinforced with the continued disparate treatment of African-Americans within the criminal justice system. History and contemporary conditions explain …

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Take What You Can, Give Nothing Back: Judicial Estoppel, Employment Discrimination, Bankruptcy, And Piracy In The Courts, Theresa M. Beiner, Robert B. Chapman Jan 2005

Take What You Can, Give Nothing Back: Judicial Estoppel, Employment Discrimination, Bankruptcy, And Piracy In The Courts, Theresa M. Beiner, Robert B. Chapman

Law Faculty Scholarship

No abstract provided.

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Affirmative Action And The Decline Of Intellectual Culture, Charles W. Collier Jan 2005

Affirmative Action And The Decline Of Intellectual Culture, Charles W. Collier

UF Law Faculty Publications

No abstract provided.

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Coverage Of Reproductive Technologies Under Employer-Sponsored Health Care Plans, Elizabeth Pendo Jan 2005

Coverage Of Reproductive Technologies Under Employer-Sponsored Health Care Plans, Elizabeth Pendo

All Faculty Scholarship

Proceedings of the 2004 Annual Meeting, Association of American Law Schools, Sections on Employee Benefits and Employment Discrimination. Panel includes: Professor Colleen E. Medill; Professor Helen Norton; Eve Gartner, Esq.; and Professor Elizabeth Pendo.

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The Allure And Danger Of Practicing Law As Taxonomy, Marcia L. Mccormick Jan 2005

The Allure And Danger Of Practicing Law As Taxonomy, Marcia L. Mccormick

All Faculty Scholarship

In this article, I hope to contribute to the ongoing debate on how our society treats the problem of discrimination. Many scholars have criticized the types of antidiscrimination statutes we have enacted as well as the ways in which the courts have interpreted those laws. While I agree with many of these critiques, rather than tackle those very large issues at the outset, I focus on the test the courts currently use to evaluate the evidence to determine whether an inference can be made that discrimination has occurred. I argue that lawyers and courts have become so caught up in …

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Domesticating The Gerrymander: An Essay On Standards, Fair Representation, And The Necessary Question Of Judicial Will, Luis Fuentes-Rohwer Jan 2005

Domesticating The Gerrymander: An Essay On Standards, Fair Representation, And The Necessary Question Of Judicial Will, Luis Fuentes-Rohwer

Articles by Maurer Faculty

The U.S. Supreme Court has moved beyond its cautious intervention in Baker v. Carr and now firmly controls the law of democracy. Yet political gerrymandering questions so understood have traditionally proven difficult for the Court to examine properly. The recent Vieth v. Jubelirer is but a further example of this phenomenon. This Essay situates Vieth within the reapportionment revolution and ultimately concludes that the central question in gerrymandering cases is the question of judicial will and whether the Court will choose to exercise its power. This Essay closes with a cautionary note: in light of the Court's general performance in …

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Voting Rights At A Crossroads: Return To The Past Or An Opportunity For The Future, Barbara Arnwine Jan 2005

Voting Rights At A Crossroads: Return To The Past Or An Opportunity For The Future, Barbara Arnwine

Seattle University Law Review

This keynote address for the 2005 Symposium: Where's My Vote? Lessons Learned from Washington State's Gubernatorial Election was presented by Barbara Arnwine. The focus of the presentation was on "Voting Rights at a Crossroad: Return to the Past or an Opportunity for the Future?" To students who are on the career path to becoming practitioners of law, and to attorneys and law professors, no role is more important than enhancing democracy. Ms. Arnwine's speech addresses the topics of voting rights from a national perspective highlighting the most pressing challenges. In addressing this theme, four areas of voting rights are covered …

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Note: Minnesota’S Proposed Same-Sex Marriage Amendment: A Flamingly Unconstitutional Violation Of Full Faith And Credit, Due Process, And Equal Protection, Jolynn M. Schlichting Jan 2005

Note: Minnesota’S Proposed Same-Sex Marriage Amendment: A Flamingly Unconstitutional Violation Of Full Faith And Credit, Due Process, And Equal Protection, Jolynn M. Schlichting

William Mitchell Law Review

This note examines the constitutionality of Minnesota’s proposed marriage amendment. The note begins with a description of the recent national events leading up to the amendment’s proposal, followed by a discussion of the history of marriage in Minnesota, including passage of the Defense of Marriage Act in May 1997. Next, the note examines the language of Minnesota’s proposed marriage amendment and briefly addresses the process of amending state constitutional provisions. It then analyzes the proposed amendment’s constitutionality under the Full Faith and Credit Clause, the Due Process Clause, and the Equal Protection Clause of the United States Constitution. Finally, the …

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Chained To The Past: An Overview Of Criminal Expungement Law In Minnesota —State V. Schultz , Jon Geffen, Stefanie Letze Jan 2005

Chained To The Past: An Overview Of Criminal Expungement Law In Minnesota —State V. Schultz , Jon Geffen, Stefanie Letze

William Mitchell Law Review

This article explains Minnesota’s expungement law and analyzes a recent Minnesota Court of Appeals decision that limits the expungement remedy. Specifically, this article begins by examining the effects of a criminal record and the purposes of expungement.8 An expungement’s main purpose is to seal an individual’s criminal record from public view, thereby allowing the individual to fully reintegrate into society. This article then provides an overview of current expungement law and its history. This article also explains different types of criminal records and the different mechanisms used to seal each type of record. The focus of this article is on …

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Sexuality And Sovereignty: The Global Limits And Possibilities Of Lawrence Symposium: Legal Rights In Historical Perspective: From The Margins To The Mainstream, Sonia K. Katyal Jan 2005

Sexuality And Sovereignty: The Global Limits And Possibilities Of Lawrence Symposium: Legal Rights In Historical Perspective: From The Margins To The Mainstream, Sonia K. Katyal

Faculty Scholarship

In the summer of 2003, the Supreme Court handed gay and lesbian activists a stunning victory in the decision of Lawrence v. Texas, which summarily overruled Bowers v. Hardwick. At issue was whether Texas' prohibition of same-sex sexual conduct violated the Due Process Clause of the U.S. Constitution. In a powerful, poetic, and strident opinion, Justice Kennedy, writing for a six-member majority, reversed Bowers, observing that individual decisions regarding physical intimacy between consenting adults, either of the same or opposite sex, are constitutionally protected, and thus fall outside of the reach of state intervention. Volumes can be written about the …

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Preparing For 2007: Legal And Legislative Issues Surrounding The Reauthorization Of Section 5 Of The Voting Rights Act, Jocelyn Benson Jan 2005

Preparing For 2007: Legal And Legislative Issues Surrounding The Reauthorization Of Section 5 Of The Voting Rights Act, Jocelyn Benson

Law Faculty Research Publications

No abstract provided.

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The Little Rock School Desegregation Cases In Richard Arnold's Court, Polly J. Price Jan 2005

The Little Rock School Desegregation Cases In Richard Arnold's Court, Polly J. Price

Faculty Articles

This article proceeds as follows. Because it is first necessary to recount some of the history of the Little Rock school cases, Part I discusses the origins and early steps in the long-running litigation. Part II considers the period from 1982 until 2004 when Richard Arnold was a member of the appellate panel assigned to the school cases. This part identifies three critical points of the Eighth Circuit's intervention under Judge Arnold's leadership. In Part III, I suggest how Arnold's motivations for his decisions in the Little Rock school cases related to both his particular view of the limitations of …

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The New Discrimination Law: Price Waterhouse Is Dead, Whither Mcdonnell Douglas?, Michael J. Zimmer Jan 2005

The New Discrimination Law: Price Waterhouse Is Dead, Whither Mcdonnell Douglas?, Michael J. Zimmer

Faculty Publications & Other Works

No abstract provided.

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The Civil Rights Act Of 1964 And Coalition Politics, Sheryll Cashin Jan 2005

The Civil Rights Act Of 1964 And Coalition Politics, Sheryll Cashin

Georgetown Law Faculty Publications and Other Works

Professor Days began his Childress Lecture by recounting his personal experience with Jim Crow segregation. I too have such a story. I was born and raised in Hunstville, Alabama, a city that is notable, among other things, for having desegregated its public accommodations in 1962, two full years before the passage of the Civil Rights Act of 1964. The turning point in the non-violent sit-in movement in Hunstville was when a young, African- American woman was arrested with a four-month-old baby in her arms, along with a friend who was eight months pregnant. This caused some outrage and widespread press …

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Black Protectionism As A Civil Rights Strategy, Katheryn Russell-Brown Jan 2005

Black Protectionism As A Civil Rights Strategy, Katheryn Russell-Brown

Buffalo Law Review

No abstract provided.

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Casting Lots: The Illusion Of Justice And Accountability In Property Allocation, Carol Necole Brown Jan 2005

Casting Lots: The Illusion Of Justice And Accountability In Property Allocation, Carol Necole Brown

Buffalo Law Review

No abstract provided.

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Capitalizing Adolescence: Juvenile Offenders On Death Row, Mary Berkheiser Jan 2005

Capitalizing Adolescence: Juvenile Offenders On Death Row, Mary Berkheiser

Scholarly Works

Taking as its sample group the 2005 population of seventy-two juvenile offenders on death row, this article examines the roles of peer influence and group offending in the murders committed by those now awaiting execution. Based on that examination, the article suggests certain reforms in the capital trials of juveniles. To set the stage, the article first marshals the evidence supporting the “group crime” theory of youth violence and then discusses the critical role of peers in adolescent development and group offending of a violent crime.

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Discrimination In Our Midst: Law School's Potential Liability For Employment Practices, Ann C. Mcginley Jan 2005

Discrimination In Our Midst: Law School's Potential Liability For Employment Practices, Ann C. Mcginley

Scholarly Works

Studies and articles examining tenured, tenure-track and contract faculty in law schools have exposed the inequalities that women face when compared with their male counterparts. This article asks the legal academic community to consider these conditions in light of established Title VII doctrine which forbids discrimination because of sex. This article offers a hypothetical about the fictitious National Law School, whose labor relationships mimic those of many real law schools in a number of ways. Based on the facts in this hypothetical, the article explores different possible causes of action, either systemic or individual, that employees could reasonably win against …

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Book Review, Walking A Gantlet: Nielsen’S License To Harass, Lynne Henderson Jan 2005

Book Review, Walking A Gantlet: Nielsen’S License To Harass, Lynne Henderson

Scholarly Works

No abstract provided.

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Community Economic Development Under Protest, Ngai Pindell Jan 2005

Community Economic Development Under Protest, Ngai Pindell

Scholarly Works

Storming Caesars Palace casts the War on Poverty in a new light to illustrate the "rich potential of a poor women's movement for economic justice." Orleck challenges "scholars and policymakers [to] rethink the conventional wisdom that the War on Poverty was a failure." Through "seeing and hearing from welfare mothers in all their complex, contradictory humanity," she hopes to unsettle existing ideas of effective anti-poverty strategies. Orleck is understandably troubled by the glacial pace of progress in the lives of poor people in America, concluding that "after a cacophonous, half-century debate about America's so-called underclass, few creative or genuinely new …

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International Law And The Ethnicity Of Irish Travellers, David Keane Jan 2005

International Law And The Ethnicity Of Irish Travellers, David Keane

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

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Tribes And Tribulations: Beyond Sovereign Immunity And Toward Reparation And Reconciliation For The Estelusti, Carla D. Pratt Jan 2005

Tribes And Tribulations: Beyond Sovereign Immunity And Toward Reparation And Reconciliation For The Estelusti, Carla D. Pratt

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

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The Executive's Scapegoat, The Court's Blind Eye? Immigrants' Rights After September 11, Hollis V. Pfitsch Jan 2005

The Executive's Scapegoat, The Court's Blind Eye? Immigrants' Rights After September 11, Hollis V. Pfitsch

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

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"Can I See Your Papers?" Local Police Enforcement Of Federal Immigration Law Post 9/11 And Asian American Permanent Foreignness, Mohar Ray Jan 2005

"Can I See Your Papers?" Local Police Enforcement Of Federal Immigration Law Post 9/11 And Asian American Permanent Foreignness, Mohar Ray

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

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A Call From Jerome, Robert S. Chang Jan 2005

A Call From Jerome, Robert S. Chang

Faculty Articles

This short article is a homage to the late Professor Jerome M. Culp, Jr. who provided courage necessary to propel critical race legal scholarship. He focused on building coalitions in the Crit community and his more recent work urged looking inwards. While he has passed away, his call to action remains.

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Reflections On Complicity, Julie Shapiro Jan 2005

Reflections On Complicity, Julie Shapiro

Faculty Articles

The author of this article participated in the litigation of Andersen v. King County, Washington in which lesbian and gay couples unsuccessfully sought access to marriage. Although part of the plaintiffs' litigation team, she is a feminist anti-assimilationist and as such, is generally opposed to articulating marriage as a priority of the lesbian/gay civil rights movement. Confronted with the undeniable reality that marriage has become the central demand of the lesbian and gay movement, the author explores the tensions and contradictions encountered during the litigation. The article examines how one might critically manifest resistance even while working for an assimilationist …

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