Civil Rights and Discrimination Commons^™

Welfare Reform In A Global Economy, 11 J. Gender Race & Just. 209 (2008), Steven D. Schwinn

UIC Law Open Access Faculty Scholarship

No abstract provided.

The Death Penalty In America: Riding The Trojan Horse Of The Civil War, Michael S. Brazao

The Modern American

No abstract provided.

Denny V. Elizabeth Arden Salons, Inc.: Condoning Race Discrimination In Resembling Places Of Public Accommodation Under Title Ii, Radiance A. Walters

Student Articles and Papers

No abstract provided.

No Compensation For Slave Traders: Some Implications, 14 Tex. Wesleyan L. Rev. 289 (2008), Allen R. Kamp

UIC Law Open Access Faculty Scholarship

No abstract provided.

Lincoln At 200: On Lincoln's Statesmanship, Dred Scott And Constitutional Evil, Harry F. Tepker

Faculty Articles

No abstract provided.

Monitoring For Quality Assurance: Employer Regulation Of Off-Duty Behavior, James A. Sonne

Georgia Law Review

This Article offers a unique and timely treatment of the dual, yet divergent, rise in employer regulation of off-duty behavior and employee privacy law. Recent trends show that technology has expanded the supervisory tools available to employers and made the workplace a more fluid concept; in addition, financial pressures have grown from expensive employee benefits and other business costs. As a result, employers have been increasingly interested in reaching beyond their office walls to gather pertinent information for making personnel decisions. On the other hand, a movement is building in law to segregate off-duty activity from employer purview, particularly in …

Ritual, Emotion, And Political Belief: The Search For The Constitutional Limit To Patriotic Education In Public Schools, Brent T. White

Georgia Law Review

Young children across America begin the school day with ritualized expressions of loyalty to the United States. Relying upon evidence from the cognitive and neurosciences, this Article argues that such patriotic rituals embed patriotic predispositions in children's unconscious at a time when they are especially vulnerable to emotional manipulation. These patriotic predispositions in turn sharply constrain children's future conceptions of political reality and shape their political beliefs. Additionally, by conditioning the same symbolic attachments in the vast majority of Americans, ritualized patriotic education contributes to the manipulation of the public by public officials, legitimizes anti-democratic aspects of the American system, …

Affirmative Action & Negative Action: How Jian Li's Case Can Benefit Asian Americans, Adrian Liu

Michigan Journal of Race and Law

In October 2006, Asian American student Jian D filed a civil rights complaint against Princeton University claiming that Princeton's affirmative action policies were discriminatory. Li argues that affirmative action gives preferences to non-Asian minorities at the expense of Asian students. Li's case aligns the interests of Asian Americans with Whites who challenge affirmative action and suggests that such policies are inherently discriminatory because they exclude students based on race and sacrifice merit. This Article argues that Li's exclusion is not due to affirmative action but is likely due to "negative action," the unfavorable treatment of Asian Americans relative to Whites. …

From Proposition 209 To Proposal 2: Examining The Effects Of Anti-Affirmative Action Voter Initiatives, Michigan Journal Of Race & Law

Michigan Journal of Race and Law

Transcript of the symposium held at the University of Michigan Law School on Saturday, February 9, 2008 in Hutchins Hall Room 100

Let's Not Jump To Conclusions: Approaching Felon Disenfranchisement Challenges Under The Voting Rights Act, Thomas G. Varnum

Michigan Journal of Race and Law

Section 2 of the Voting Rights Act of 1965 invalidates voting qualifications that deny the right to vote on account of race or color. This Article confronts a split among the federal appellate courts concerning whether felons may rely on Section 2 when challenging felon disenfranchisement laws. The Ninth Circuit Court of Appeals allows felon disenfranchisement challenges under Section 2; however, the Second and Eleventh Circuits foresee unconstitutional consequences and thus do not. After discussing the background of voting rights jurisprudence, history of felon disenfranchisement laws, and evolution of Section 2, this Article identifies the points of contention among the …

Exiling The Poor: The Clash Of Redevelopment And Fair Housing In Post-Katrina New Orleans, Anita Sinha, Judith Browne-Dianis

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Cat’S In The Cradle: Tenth Circuit Provides Silver Spoon Of Subordinate Bias Liability In Eeoc V. Bci Coca-Cola Bottling Co. Of Los Angeles, Curtis J. Thomas

Oklahoma Law Review

No abstract provided.

Exploring The Limits Of Executive Civil Rights Policymaking, Stephen Plass

Oklahoma Law Review

No abstract provided.

Civil Rights And Related Decisions, Eileen Kaufman

Scholarly Works

This article analyzes two cases from the October 2006 Supreme Court Term, Ledbetter v. Goodyear Tire & Rubber Co. and Gonzales v. Carhart. The cases have much in common, even though Ledbetter concerns pay disparity claims based on gender and Gonzales concerns second trimester abortions. Both are five-four decisions which demonstrate how profoundly the appointment of Justice Samuel Alito to occupy Justice Sandra Day O'Connor's seat has affected the balance of power on the Court. The net result of this shift has been a devastating setback for women's rights. Both decisions prompted Justice Ruth Bader Ginsburg to uncharacteristically read aloud …

Equal By Law, Unequal By Caste: The "Untouchable" Condition In Critical Race Perspective, Smita Narula

Elisabeth Haub School of Law Faculty Publications

Caste-based oppression in India lives today in an environment seemingly hostile to its presence: a nation-state that has long been labeled the “world's largest democracy;” a progressive and protective constitution; a system of laws designed to proscribe and punish acts of discrimination on the basis of caste; broad-based programs of affirmative action that include constitutionally mandated reservations or quotas for Dalits, or so-called “untouchables;” a plethora of caste-conscious measures designed to ensure the economic “upliftment” of Dalits; and an aggressive economic liberalization campaign to fuel India's economic growth.

This Article seeks to answer the question of how and why this …

Simply Put: How Diversity Benefits Whites And How Whites Can Simply Benefit Diversity, Angela Mae Kupenda

Journal Articles

Although there are surmountable legal barriers to racial integration in education, fuller integration is possible. But first, whites must see how they benefit from diversity, and, second, whites must take simple steps toward integration that may, in turn, reveal to whites their desire to become more fully integrated. These two steps may help remove the limiting point to true integration.

Book Review, Angela Mae Kupenda

Journal Articles

YOUR BLUES AIN’T LIKE MINE is an excellently written, fictionalized account of the lives of several people set in the fifties as a rural Mississippi community reacts to impending school racial desegregation and the killing of a fifteen year old black boy who had the misfortune of speaking French in the direction of a white woman. I’ve used this book to facilitate discussion on issues of race, gender, the law, class, and politics in several of my law school classes such as Race and the Law, Gender and the Law, and Civil Rights.

Plessy's Ghost: Grutter, Seattle And The Quiet Reversal Of Brown, D. Marvin Jones

Articles

No abstract provided.

Science And Constitutional Fact Finding In Equal Protection Analysis, Angelo N. Ancheta

Faculty Publications

This Article examines theories of fact finding and rules of evidence, as well as critiques of scientific citations in equal protection litigation, drawing on opinions starting with Brown v. Board of Education and its well-known citation of psychological and sociological studies documenting the harms of segregation-what the Brown Court labeled "modem authority." Second, this Article examines a range of equal protection cases and discusses how constitutional frameworks have shaped both core constitutional values and the gathering of relevant constitutional facts. Third, this Article examines in more detail the Parents Involved cases, as well as the underlying science and the citation …

Undercover Power: Examining The Role Of The Executive Branch In Determining The Meaning And Scope Of School Integration Jurisprudence, Lia Epperson

Faculty Publications

This paper focuses on the interaction of the federal judicial and executive branches of government in one key area of civil rights, determining the scope and direction of school integration. Specifically, this paper examines the extremely powerful role of the United States Department of Education's Office for Civil Rights ("OCR") in shaping the application of the Supreme Court's decisions with respect to racial inclusion in public education in the wake of two watershed rulings, Brown v. Board of Education  and Grutter v. Bollinger. In addition, this paper discusses the possible consequences of executive and judicial interplay in the aftermath of …

Little Big Man—United States District Judge Ronald N. Davies, William R. Wilson Jr.

University of Arkansas at Little Rock Law Review

No abstract provided.

Reflections On The Commemoration Of The 50th Anniversary Of The Crisis At Little Rock Central High School, Judge Wiley Branton Jr.

University of Arkansas at Little Rock Law Review

No abstract provided.

Comments Made At The Ben J. Altheimer Symposium On The 50th Anniversary Of The Central High Crisis Held At The Ualr William H. Bowen School Of Law, John W. Walker

University of Arkansas at Little Rock Law Review

No abstract provided.

Harry Ashmore And "The Crisis Mr. Faubus Made", Elizabeth Jacoway

University of Arkansas at Little Rock Law Review

No abstract provided.

Cooper V. Aaron: Development And Implementation Of The Litigation, Judith Kilpatrick

University of Arkansas at Little Rock Law Review

No abstract provided.

Not All Lawyers Are Equal: Difficulties That Plague Women And Women Of Color, Theresa M. Beiner

Law Faculty Scholarship

No abstract provided.

The Little Rock School District's Quest For Unitary Status, Honorable Robert L. Brown

University of Arkansas at Little Rock Law Review

This essay discusses the major judicial benchmarks affecting the Little Rock School District since Brown v. Board of Education, andl additionally touches on attitudinal stumbling blocks between the races where problems continue to arise and where suspicions run deep.

After some forty years of litigation the Little Rock School District has been declared unitary in all respects by the Federal District Court for the Eastern District of Arkansas. There are judicial benchmarks since Brown and three cases bear mentioning. The initial focus of the essay is on the unitary-status decisions handed down by the Federal District Court, and specifically by …

From Little Rock To Seattle And Louisville: Is "All Deliberate Speed" Stuck In Reverse?, Charles J. Ogletree Jr., Susan Eaton

University of Arkansas at Little Rock Law Review

More than 50 years after Brown v. Board of Education, in Parents Involved in Community Schools v. Seattle School District, the Supreme Court issued a much anticipated, sharply divided opinion concerning the conscious use of a student’s "race" in plans to desegregate now de facto segregated public schools. The Court found unconstitutional the race-inclusive methods used by the Seattle and Louisville public school officials who were attempting to create racially integrated schools.

In order to understand the full impact of the Supreme Court’s recent decisions regarding school desegregation, an analysis of the Seattle and Louisville plans and the Court’s reasoning …

History Of The Alternative Desegregation Plan And The Black Community's Perspective And Reaction, Johanna Miller Lewis

University of Arkansas at Little Rock Law Review

No abstract provided.

The Little Rock Confrontation And Cooper V. Aaron: Development And Implementation Of Constitutional Litigation, Tony A. Freyer

University of Arkansas at Little Rock Law Review

No abstract provided.