Civil Rights and Discrimination Commons^™

Under-Intervention Versus Over-Intervention, Dorothy Roberts

Cardozo Public Law, Policy & Ethics Journal

The article argues that the racial disparity in the U.S. child welfare system, particularly the overrepresentation of Black and brown children, is not merely a result of societal conditions but is deeply rooted in systemic bias and policy choices. The child welfare system disproportionately targets poor, Black families, often removing children for reasons related to poverty rather than severe abuse or neglect. This disparity perpetuates harm to families and communities, contradicting principles of democracy and human rights. The article calls for a shift in focus from debating whether the causes of disparity are internal or external to addressing the systemic …

Symposium: "A Look At Brown V. Board Of Education In West Virginia: Remembering The Past, Examining The Present, And Preparing For The Future"

West Virginia Law Review

No abstract provided.

All Deliberate Speed: Brown's Past And Brown's Future, Charles J. Ogletree Jr.

West Virginia Law Review

No abstract provided.

Hate Crime Law In West Virginia, Paul R. Sheridan

West Virginia Law Review

No abstract provided.

Roger Williams On Liberty Of Conscience, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.

Symposium: Religious Liberty In America And Beyond: Celebrating The Legacy Of Roger Williams On The 400th Anniversary Of His Birth: Introduction, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.

A Jury Of One's Peers: Virginia's Restoration Of Rights Process And Its Disproportionate Effect On The African American Community, Amanda L. Kutz

William & Mary Law Review

No abstract provided.

Reasonableness For Free: Why Buy Employment Practices Liability Insurance When Eeoc.Gov Gives Protection Away?, Glenn Kramer

Cardozo Public Law, Policy & Ethics Journal

The note argues that employers can effectively mitigate employment litigation risks by adhering to EEOC guidance and implementing anti-discrimination policies, reducing the need for Employment Practices Liability Insurance (EPLI). It emphasizes that the EEOC's free resources, including its Enforcement Guidance on Vicarious Employer Liability for Unlawful Harassment by Supervisors, provide clear standards and protections for employers, particularly smaller businesses, to avoid liability in harassment and discrimination cases. By following these guidelines, employers can demonstrate "reasonable care" and create a "safe harbor" against litigation, as supported by landmark Supreme Court rulings such as Faragher v. City of Boca Raton and …

Traveling "To The Farthest Reaches Of The Ada," Or Taking Aim At Employment Discrimination On The Basis Of Perceived Disability?, Michael D. Reisman

Cardozo Law Review

No abstract provided.

Federalism's Fallacy: The Early Tradition Of Federal Family Law And The Invention Of States' Rights, Kristin Collins

Faculty Scholarship

By examining the history of the federal government's role in the regulation of the family, this article joins the work of others who in recent years have begun to piece together the history of the federal government's role in crafting domestic relations law and policy.'⁸ Much of this attention has focused on federal involvement in domestic relations in the late nineteenth and early twentieth centuries, with relatively less consideration given to the pre-Civil War period. Though recent contributions to this field have helped to cure this imbalance, ¹⁹ there remains a strong sense, especially among lawyers and judges, that …

Cleaning Up The Eighth Amendment Mess, Tom Stacy

ExpressO

This article criticizes the Court’s interpretation of the Eighth Amendment’s Cruel and Unusual Punishment Clause and proposes its own understanding. The Court’s jurisprudence is plagued by deep inconsistencies concerning the text, the Court’s own role, and a constitutional requirement of proportionate punishment.

In search of ways to redress these fundamental shortcomings, the article explores three alternative interpretations: 1) A textualist approach; 2) Justice Scalia’s understanding that the Clause forbids only punishments unacceptable for all offenses; and 3) a majoritarian approach that would consistently define cruel and unusual punishment in terms of legislative judgments and penal custom. As evidenced by the …

Compliance Theory And The Inter-American Court Of Human Rights, Morse Tan

ExpressO

Abstract This essay fills a gap by exploring compliance theory in international law to the Inter-American Court of Human Rights. After introducing the topic and setting the context, it delves into the question of why nations follow international law. Interacting with prominent theoretical models (including the managerial model, fairness and legitimacy, transnational legal process, self-interest, and a comparative perspective with Europe), it arrives at a critical synthesis in the conclusion.

The Disability Integration Presumption: Thirty Years Later, Ruth Colker

The Ohio State University Moritz College of Law Working Paper Series

The fiftieth anniversary of the Brown v. Board of Education decision has spurred a lively debate about the merits of “integration.” This article brings that debate to a new context – the integration presumption under the Individuals with Disabilities Education Act (“IDEA”). The IDEA has contained an “integration presumption” for more than thirty years under which school districts should presumptively educate disabled children with children who are not disabled in a fully inclusive educational environment. This article traces the history of this presumption and argues that it was borrowed from the racial civil rights movement without any empirical justification. In …

Brown’S Legacy: The Promises And Pitfalls Of Judicial Relief, Deborah Jones Merritt

The Ohio State University Moritz College of Law Working Paper Series

Brown v. Board of Education marked a turning point for both civil rights and judicial activism. During the half century since Brown, social activists of all kinds have sought policy changes from the courts rather than legislatures. That trend has produced social benefits but, over time, it has also shifted political power to elites. This essay explores the possibility of retaining Brown's promise for racial equality while reinvigorating an electoral politics that would better represent many of the people Brown intended to benefit.

Looking Back Without Anger: Reflections On The Boston School Crisis, Robert Wood

New England Journal of Public Policy

This article is taken from the unpublished autobiography of Robert Wood who served as Superintendent of Boston Public Schools from 1978 to 1980 during the difficult period when U.S. District Court Judge W. Arthur Garrity was overseeing court ordered desegregation of schools. After leaving the University of Massachusetts in January 1978, Robert Wood spent six months at the Harvard Graduate School of Education working on a book and considering a possible run for the United States Senate. Suggestion as to his next assignment, however, came from an unexpected source, as he describes below.

The Travels Of Our Bodies, Ourselves, Jane Pincus

New England Journal of Public Policy

The women’s health book, Our Bodies, Ourselves: A Book by and for Women, was first printed in 1970 by the small, radical New England Free Press. Published by the group of women soon too become the Boston Women’s Health Book Collective, it was advertised solely by word of mouth. Successive newsprint editions reached a quarter of a million people in the United States through colleges and an extensive network of “underground” bookstores. The book placed female sexuality firmly within the framework of women’s health and combined vividly experienced medical encounters with available health and medical information. It critiqued prevailing cultural …

Lessons About Reform From “A Very Dangerous Woman”, Sherry H. Penney, James Livingston

New England Journal of Public Policy

We discuss reform in antebellum America through the life of Martha Coffin Wright, an activist in the abolition and early women’s rights movements. Consideration of her motivations for reform; the obstacles faced by these movements; their methods, successes, and failures, may offer guidelines for reformers of today.

Reports Of Batson's Death Have Been Greatly Exaggerated: How The Batson Doctrine Enforces A Normative Framework Of Legal Ethics, Laura I. Appleman

ExpressO

In this article, I aim to explain how the Batson procedure enforces a normative framework of legal ethics, a theory which I hope will be of use to both criminal law professors and scholars of legal ethics. Despite many recent prudential attacks against the Batson procedure and the peremptory challenge, I contend that Batson has a largely unarticulated ethical component, one that invokes a lawyer’s professional responsibility. Accordingly, using legal ethics as a lens through which to interpret Batson sheds new light on the doctrine. Batson’s ethical imperative affects the norms of the legal profession itself. By fostering a non-discrimination …

42 U.S.C. 1983: From Civil Rights To Harvesting Corneas - Is This Act Misapplied?, David White

ExpressO

No abstract provided.

Reflections On Diversity, William M. Tabb

Journal of Legal Education

No abstract provided.

Law School Admissions After Grutter: Student Bodies, Pipeline Theory, And The River, Michael A. Olivas

Journal of Legal Education

No abstract provided.

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

Journal of Legal Education

No abstract provided.

Democracy And Social Justice: Founding Centers For Social Justice In Law Schools, Stephanie M. Wildman

Journal of Legal Education

No abstract provided.

The North Korean Nuclear Crisis: Past Failures And Present Solutions, Morse Tan

ExpressO

North Korea has recently announced that it has developed nuclear weapons and has pulled out of the six-party talks. These events do not emerge out of a vacuum, and this article lends perspective based on an interdisciplinary lens that seeks to grapple with the complexities and provide constructive approaches based on this well-researched understanding. This article analyzes political, military, historical, legal and other angles of this international crisis.

Past dealings with North Korea have been unfruitful because other nations do not recognize the ties between North Korean acts and its ideology and objectives. For a satisfactory resolution to the current …

Book Review: Forensic Linguistics, Dru Stevenson

ExpressO

Review of John Gibbons' text "Forensic Linguistics"

Compliance Theory And The Inter-American Court Of Human Rights, Morse Tan

ExpressO

This essay fills a gap by exploring compliance theory in international law in relation to the Inter-American Court of Human Rights. After introducing the topic and setting the context, it delves into the question of why nations follow international law. Interacting with prominent theoretical models (including the managerial model, fairness and legitimacy, transnational legal process, self-interest, and a comparative perspective with Europe), it arrives at a critical synthesis in the conclusion.

In Or Out? Groups And The Fourteenth Amendment After Lawrence V. Texas, Miranda Mcgowan

ExpressO

This article explores a line of Supreme Court cases that have struck down state laws using a rigorous form of rational basis scrutiny, culminating in Lawrence v. Texas. The facts of these rigorous rational basis cases are diverse, but they share a common denominator: the Court has applied more rigorous rational basis scrutiny when a government has restricted the liberties of, or denied some state benefit, to a group—specifically, gays, lesbians, persons with disabilities, illegal immigrant children, and hippies.

Rigorous rational basis scrutiny has not wholly supplanted regular rational basis scrutiny. Courts still use regular rational basis scrutiny to review …

A Brief Look At Broward County Lawyers’ And Judges’ Attitudes Toward Plea Bargaining As A Tool Of Courtroom Efficiency, Mohammad A. Faruqui

ExpressO

Even the most rigidly ideological prosecutors acknowledge that they need to plea out most of the less serious criminal charges to ensure justice without incurring an unmanageable backlog of cases. But what do most criminal lawyers and judges think about the plea arrangment system? Is it fair to defendants? Do lawyers use plea bargains to better serve their clients by finding the best deal, or do they use plea bargains to cut their case load for what some call "garbage cases?" This paper surveys a small sample to see how 21st century Broward County criminal lawyers feel about the plea …

State Legislation As A Fulcrum For Change: Wisconsin's Public Sector Labor Law, And The Revolution In Politics And Worker Rights, Joseph E. Slater

ExpressO

The rise of public sector unions is one of the most significant but least examined movements for legal rights and social change. Through the 1950s, government employees typically had no right to bargain collectively or even to organize unions–rights often regarded as fundamental human rights–and public sector unions were small and relatively powerless. Yet today, unions represent more than 40 percent of all public workers, government employees make up about 40 percent of the entire U.S. labor movement, and public sector unions are among the strongest political advocacy groups in the country. This became possible only through a revolution of …

Compliance Theory And The Inter-American Court Of Human Rights, Morse Hyun-Myung Tan

ExpressO

This essay fills a gap by exploring compliance theory in international law to the Inter-American Court of Human Rights. After introducing the topic and setting the context, it delves into the question of why nations follow international law. Interacting with prominent theoretical models (including the managerial model, fairness and legitimacy, transnational legal process, self-interest, and a comparative perspective with Europe), it arrives at a critical synthesis in the conclusion.