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Civil Rights and Discrimination Commons™

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2007

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Institution
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Articles 31 - 60 of 307

Full-Text Articles in Civil Rights and Discrimination

Petruska V. Gannon University: A Crack In The Stained Glass Ceiling, Sarah Fulton Oct 2007

Petruska V. Gannon University: A Crack In The Stained Glass Ceiling, Sarah Fulton

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

An examination of the protections afforded to religious institutions in their hiring decisions. Both § 702 of the Civil Rights Act and the judicially created ministerial exception allow churches to use criteria that other employers are not permitted to use under the law when making hiring decisions. Beginning with McClure v. Salvation Army, courts have slowly expanded the scope of these protections, leading up to the recent case of Petruska v. Gannon University. Petruska provides an example of the extent to which a broad reading of § 702 and the ministerial exception can harm religious workers. The opinion of Judge …


Reforming, Reclaiming Or Reframing Womanhood: Reflections On Advocacy For Women In Custody, Brenda V. Smith Oct 2007

Reforming, Reclaiming Or Reframing Womanhood: Reflections On Advocacy For Women In Custody, Brenda V. Smith

Project on Addressing Prison Rape - Articles

Brenda V. Smith was asked to present one of the keynote addresses for the symposium, Behind Bars: The Impact of Incarceration on Women and Their Families, sponsored by the Women's Rights Law Reporter at Rutgers University School of Law in Newark. She then wrote the introductory essay for the publication which arose from that symposium. This essay addresses why it is imperative to reclaim the discourse about women in prison and discusses how the other papers that appear in this issue aid in that project.


Race And Recalcitrance: The Miller-El Remands, Sheri Johnson Oct 2007

Race And Recalcitrance: The Miller-El Remands, Sheri Johnson

Cornell Law Faculty Publications

In Batson v. Kentucky, the Supreme Court held that a prosecutor may not peremptorily challenge a juror based upon his or her race. Although Baston was decided more than twenty years ago, some lower courts still resist its command. Three recent cases provide particularly egregious examples of that resistance. The Fifth Circuit refused the Supreme Court's instruction in Miller-El v. Cockrell, necessitating a second grant of certiorari in Miller-El v. Dretke. The court then reversed and remanded four lower court cases for reconsideration in light of Miller-El, but in two cases the lower courts have thus …


Can Michigan Universities Use Proxies For Race After The Ban On Racial Preferences?, Brian T. Fitzpatrick Oct 2007

Can Michigan Universities Use Proxies For Race After The Ban On Racial Preferences?, Brian T. Fitzpatrick

Vanderbilt Law School Faculty Publications

In 2003, the Supreme Court of the United States held that public universities - and the University of Michigan in particular - had a compelling reason to use race as one of many factors in their admissions processes: to reap the educational benefits of a racially diverse student body. In 2006, in response to the Supreme Court's decision, the people of Michigan approved a ballot proposal - called the Michigan Civil Rights Initiative (MCRI) - that prohibits public universities in the state from discriminating or granting preferential treatment on the basis of race. Shortly after the MCRI was approved, a …


Discrimination At Will: Job Security Protections And Equal Employment Opportunity In Conflict, Julie C. Suk Oct 2007

Discrimination At Will: Job Security Protections And Equal Employment Opportunity In Conflict, Julie C. Suk

Articles

The conventional wisdom amongst scholars and advocates of employment discrimination law is that the success of Title VII is significantly hampered by the enduring doctrine of employment at will. As long as employers have broad discretion to fire employees for any reason, no reason, or a bad reason, employers can easily get away with terminating or refusing to promote racial minorities and women as long as some credible nondiscriminatory reason, such as personal animosity, can be presented. This account feeds the widely accepted view that employment at will and the goals of Title VII, namely equal employment opportunity, are at …


Thoughts On Jena And The Civil Rights Movement, Timothy Zick Sep 2007

Thoughts On Jena And The Civil Rights Movement, Timothy Zick

Popular Media

No abstract provided.


Section 2: Moot Court, Guantanamo Detainees & The Military Commissions Act, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2007

Section 2: Moot Court, Guantanamo Detainees & The Military Commissions Act, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


The Contemporary Protest Movement, Timothy Zick Sep 2007

The Contemporary Protest Movement, Timothy Zick

Popular Media

No abstract provided.


Deterring Protesters, Timothy Zick Sep 2007

Deterring Protesters, Timothy Zick

Popular Media

No abstract provided.


Public Protest, Militarization, And Critical Democratic Moments, Timothy Zick Sep 2007

Public Protest, Militarization, And Critical Democratic Moments, Timothy Zick

Popular Media

No abstract provided.


The Story Of San Antonio Independent School Dist. V. Rodriguez: School Finance, Local Control, And Constitutional Limits, Michael Heise Sep 2007

The Story Of San Antonio Independent School Dist. V. Rodriguez: School Finance, Local Control, And Constitutional Limits, Michael Heise

Cornell Law Faculty Publications

Part of the Education Law Stories, this book chapter tells the story behind San Antonio Independent School Dist. v. Rodriguez. Mindful of the challenges incident to the federal courts' effort to dismantle de jure and de facto school segregation, the Rodriguez decision evidences reluctance by some of the Justices to become ensnarled in an effort to dismantle school finance systems in way that would affect an overwhelming majority of the nation's public schools. By side-stepping such a confrontation, Rodriguez implicitly reveals important aspects about the federal courts and, in particular, how the Justices view their role in our federal system …


Torch (September 2007), Amy Homans, Civil Rights Team Project Sep 2007

Torch (September 2007), Amy Homans, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

No abstract provided.


Parents Involved And Race-Conscious Measures: A Cause For Optimism, Joseph O. Oluwole, Preston C. Green Iii Sep 2007

Parents Involved And Race-Conscious Measures: A Cause For Optimism, Joseph O. Oluwole, Preston C. Green Iii

Buffalo Public Interest Law Journal

No abstract provided.


Civil Disobedience And The Necessity Defense, John Alan Cohan Sep 2007

Civil Disobedience And The Necessity Defense, John Alan Cohan

The University of New Hampshire Law Review

[Excerpt] “This article will first examine the nature of civil disobedience, and distinguish between direct and indirect civil disobedience. Part II highlights some historical examples of civil disobedience. Part IV then examines the principles of the necessity defense, analyzing each of the elements that make up the defense, illustrated with cases on point. Next, Part V will turn to an analysis of several abortion-protest cases that raise issues different from other types of civil disobedience cases. Part VI then will examine Viet Nam era civil disobedience cases. Following that, Part VIII will explore a unique defense known as the Nuremberg …


Public School Students' Religious Speech And Viewpoint Discrimination, Kristi L. Bowman Sep 2007

Public School Students' Religious Speech And Viewpoint Discrimination, Kristi L. Bowman

West Virginia Law Review

No abstract provided.


Why Student Religious Speech Is Speech, John E. Taylor Sep 2007

Why Student Religious Speech Is Speech, John E. Taylor

West Virginia Law Review

No abstract provided.


The Religious Freedom Restoration Act And Smith: Dueling Levels Of Constitutional Scrutiny, Whitney Travis Sep 2007

The Religious Freedom Restoration Act And Smith: Dueling Levels Of Constitutional Scrutiny, Whitney Travis

Washington and Lee Law Review

No abstract provided.


Speaking In Tongues: Mandating Multilingual Disaster Warnings In The Public Interest, Susan S. Kuo Sep 2007

Speaking In Tongues: Mandating Multilingual Disaster Warnings In The Public Interest, Susan S. Kuo

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Fighting For The High Ground: Race, Class, Markets And Development Done Right In Post Katrina Recovery , Audrey Mcfarlane Sep 2007

Fighting For The High Ground: Race, Class, Markets And Development Done Right In Post Katrina Recovery , Audrey Mcfarlane

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Social Justice And The Law, Elaine R. Jones Sep 2007

Social Justice And The Law, Elaine R. Jones

University of Richmond Law Review

No abstract provided.


Keynote Address: After Twenty-Five Years, Robert A. Seiple Sep 2007

Keynote Address: After Twenty-Five Years, Robert A. Seiple

BYU Law Review

No abstract provided.


Time For A Treaty? The Legal Sufficiency Of The Declaration On The Elimination Of All Forms Of Intolerance And Discrimination, Carolyn Evans Sep 2007

Time For A Treaty? The Legal Sufficiency Of The Declaration On The Elimination Of All Forms Of Intolerance And Discrimination, Carolyn Evans

BYU Law Review

No abstract provided.


Mexican Legislation On Religion And The 1981 Declaration On Intolerance And Discrimination, Raul Gonzalez Schmal Sep 2007

Mexican Legislation On Religion And The 1981 Declaration On Intolerance And Discrimination, Raul Gonzalez Schmal

BYU Law Review

No abstract provided.


Tolerance And Religious Freedom: The Struggle In Peru To Tolerate Multiple Cultures In Light Of Principles Of Religious Freedom, Carlos Valderrama Adriansen Sep 2007

Tolerance And Religious Freedom: The Struggle In Peru To Tolerate Multiple Cultures In Light Of Principles Of Religious Freedom, Carlos Valderrama Adriansen

BYU Law Review

No abstract provided.


Minority Rights In Turkey, Ilhan Yildiz Sep 2007

Minority Rights In Turkey, Ilhan Yildiz

BYU Law Review

No abstract provided.


Racial Classification And The Flawed Pursuit Of Diversity: How Phantom Minorities Threaten "Critical Mass" Justification In Higher Education, Edward C. Thomas Sep 2007

Racial Classification And The Flawed Pursuit Of Diversity: How Phantom Minorities Threaten "Critical Mass" Justification In Higher Education, Edward C. Thomas

BYU Law Review

No abstract provided.


Katrina’S Window: Localism, Re-Segregation And Equitable Regionalism, David D. Troutt Aug 2007

Katrina’S Window: Localism, Re-Segregation And Equitable Regionalism, David D. Troutt

Rutgers Law School (Newark) Faculty Papers

The worst national disaster in United States history also showcased the dire consequences of localism as the cultural and legal successor to de jure segregation. Long before Hurricanes Katrina and Rita devastated the Gulf Coast, New Orleans’ status as an exceptional city had been lost to Americanizing trends. Its resistance to the conventional racial binary was overcome after Reconstruction; its unique densities and accommodation of the physical landscape were transformed into sprawling divisions by technology and suburbanization. From the Brown decision forward, New Orleans and the metropolitan area around it developed much like the rest of the nation. Localist tendencies …


Correspondence: To Ms. Edna Louise Saffy From Hillary Rodham Clinton, United States Senator, Hillary Rodham Clinton Aug 2007

Correspondence: To Ms. Edna Louise Saffy From Hillary Rodham Clinton, United States Senator, Hillary Rodham Clinton

Saffy Collection - All Textual Materials

A thank you letter from Hillary Rodham Clinton thanking Dr. Edna L. Saffy for her generous contribution, August 21, 2007.


Letter: Hillary Rodham Clinton; Edna Saffy, Hillary Rodham Clinton Aug 2007

Letter: Hillary Rodham Clinton; Edna Saffy, Hillary Rodham Clinton

Saffy Collection - All Textual Materials

A letter from Hillary Rodham Clinton requesting support from Dr. Edna L. Saffy, August 20, 2007.


Letter: Hillary Rodham Clinton; Edna Saffy, Hillary Rodham Clinton Aug 2007

Letter: Hillary Rodham Clinton; Edna Saffy, Hillary Rodham Clinton

Saffy Collection - All Textual Materials

A letter from Hillary Rodham Clinton requesting support from Dr. Edna L. Saffy, August 10, 2007.