Civil Rights and Discrimination Commons^™

Promoting Equality After Genocide, Sheri P. Rosenberg

Articles

The value of equality has little currency after genocide and ethnic cleansing. Restoring that value is no easy feat. Paramount, though not singular, in this struggle for equality is the role of the law A State establishes its common legal rights and duties through its legal institutions, which define the values and character of the nation. Legal institutions mediate these values and norms and through legal pronouncements provide a template for future civic engagement and social interaction. Equality and antidiscrimination jurisprudence is particularly important during the delicate period of transition alter genocide, because it grounds within society the normative shift …

Brief Amici Curiae Of Iowa Professors Of Law And History, Frederick Adams, Victoria Bissell Brown, Patricia Cain, Lois Cox, Ann Laquer Estin, Sally Frank, Elizabeth Heineman, Linda K. Kerber, Karen Leroux, Suzanne J. Levitt, Jean Love, Linda A. Mcguire, Kevin Mumford, Angela Onwuachi-Willig, Sarah J. Purcell, Margaret Raymond, Mark E. Schantz, Johanna Schoen, Leslie A. Schwalm, Mark Sidel, Peggie Smith, Maura Irene Strassberg, Shelton Stromquist

Faculty Scholarship

This case calls upon the State of Iowa to reaffirm its historic commitment to protecting the equality and individual liberties of all of its citizens, including its lesbian and gay male citizens. It requires this Court to interpret Iowa’s unique constitution with due respect for both text and tradition. The case must be analyzed against the backdrop of Iowa’s leadership and courage in the areas of civil rights and family law, and the willingness of its judiciary to uphold constitutional mandates in the face of efforts to legislate prejudice and discrimination.

Plaintiff-Appellees seek nothing more than to share in the …

Proof Brief Of Professors Of Family Law And Jurisprudence As Amici Curiae In Support Of Plaintiff-Appellee, Joseph M. Barron, Richard T. Greenberg, Shannon Price Minter, Carlos A. Ball, Naomi Cahn, June Carbone, Ann Laquer Estin, Joan Heifetz Hollinger, Angela Onwuachi-Willig, Sarah H. Ramsey, Michael S. Wald

Faculty Scholarship

The plaintiffs in this case met their burden of demonstrating the irrationality of Iowa’s statutory exclusion of same-sex couples from marriage. They did this, in part, by presenting social science research regarding the irrelevance of sexual orientation to parental ability and the psychological and social well-being of children raised by same-sex parents. In addition to arguing that the marriage exclusion is irrational, the plaintiffs also alleged that the exclusion should be subject to heightened scrutiny because it violates the fundamental right to marry and discriminates on the bases of gender and sexual orientation. Amici agree that the exclusion of same-sex …

Integrating The Study Of Sexuality Into The Core Law School Curriculum: Suggestions For Substantive Criminal Law Courses, Henry F. Fradella

Journal of Legal Education

No abstract provided.

Pauli Murray's Campaign Against Harvard Law School's "Jane Crow" Admissions Policy, Mary Elizabeth Basile

Journal of Legal Education

No abstract provided.

Finding A Silver Lining: The Positive Impact Of Looking Beyond Race Amidst The Negative Effects Of Proposition 209, Ian Wang

Brigham Young University Education and Law Journal

No abstract provided.

On Student Rights In The Year Of Brown: A Legal, Psychological, And Policy Analysis, A. J. Angulo, Carol Marchel

Brigham Young University Education and Law Journal

No abstract provided.

Limited English Proficiency Students Left Behind, Kristen L. Depowski

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Whither Sexual Orientation Analysis?: The Proper Methodology When Due Process And Equal Protection Intersect, Sharon E. Rush

UF Law Faculty Publications

This Article suggests that there is Proper Methodology that courts apply when reviewing cases at the intersection of due process and equal protection. Briefly, courts operate under a rule that heightened review applies if either a fundamental right or a suspect class is involved in a case, and that rational basis review applies if neither is involved (the "Rule"). Two primary exceptions to the Rule exist, and this Article identifies them as the "Logical" and "Ill Motives" Exceptions. The Logical Exception applies when a court need not apply heightened review because a law fails rational basis review. The Ill Motives …

A Welfare State Of Civil Rights: The Triumph Of The Therapeutic In American Constitutional Law, Daniel F. Piar

William & Mary Bill of Rights Journal

This Article examines the influence of the therapeutic culture on the modem constitutional law of civil rights. The therapeutic culture is defined as one in which the central moral question is individual fulfillment. That culture has sprung up to replace older cultures such as Protestantism and classical republicanism, which are no longer capable of appealing to a nation as diverse as the United States. Instead of asking whether individuals or the nation conform to some external moral system, the therapeutic culture asks whether individuals are happy or fulfilled. This Article demonstrates that the therapeutic culture has had a significant effect …

Prohibiting De Facto Insurance Redlining: Will Hurricane Katrina Draw A Discriminatory Redline In The Gulf Coast Sands Prohibiting Access To Home Ownership?, Steven Plitt, Daniel Maldonado

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Stray Remarks And Mixed-Motive Cases After Desert Palace V. Costa: A Proximity Test For Determining Minimal Causation, Ezra S. Greenberg

Cardozo Law Review

No abstract provided.

The Gentleman From Hagerstown: How Maryland Jews Won The Right To Vote, Kenneth Lasson

All Faculty Scholarship

This article discusses the early history of Maryland in the context of religious discrimination, specifically in reference to discrimination against those of the Jewish faith, even though the state "was founded as a haven of religious liberty and beacon of toleration." It also highlights a member of the Maryland House of Delegates, Thomas Kennedy, a Christian, as being the leader of the movement to ultimately correct this injustice. Part of the problem were clauses in the state's constitution requiring officeholders to be Christians. Kennedy lost his seat in the House, but didn't give up the battle. Ha had tried several …

Brief Of Petitioner, Engquist V. Oregon Dept. Of Agriculture, No. 07-474 (U.S. Feb. 20, 2008), Justin Florence, Mathew Gerke, Neal K. Katyal

U.S. Supreme Court Briefs

No abstract provided.

Kosovo: The Day After, Timothy William Waters

Articles by Maurer Faculty

No abstract provided.

Torch (February/March 2008), Amy Homans, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

No abstract provided.

Torture, With Apologies, Thomas P. Crocker

Faculty Publications

No abstract provided.

Misinterpreting "Sounds Of Silence": Why Courts Should Not "Imply" Congressional Preclusion Of § 1983 Constitutional Claims, Rosalie Berger Levinson

Law Faculty Publications

Despite the clear text of 42 U.S.C. § 1983, its promise to protect constitutional rights has been obfuscated by the theory that Congress, by enacting civil rights laws, has “impliedly” foreclosed the historic use of § 1983 to vindicate constitutional wrongdoing. Increasingly, plaintiffs are being denied their right to vindicate constitutional wrongdoing, either because the new “preempting” federal statute does not trigger individual liability or because it makes institutional liability more difficult to establish.

It is counterintuitive to believe that Congress, in an attempt to expand equality or due process, intended to cut off existing remedies for constitutional violations. Nonetheless, …

Academic Freedom And The Post-Garcetti Blues, Sheldon Nahmod

All Faculty Scholarship

No abstract provided.

Trampling Whose Rights? Democratic Majority Rule And Racial Minorities: A Response To Chin And Wagner, Taunya Lovell Banks

Faculty Scholarship

Gabriel Chin and Randy Wagner argue us that there were black majorities and pluralities in Deep South states during the Reconstruction era who were consciously disenfranchised by private and public entities, including the U.S. Supreme Court because of fears of black majority rule and the Court should take this history into account and recognize the lingering effects of this historic disenfranchisement on black Americans. This essay responds to their argument, contending that fear of black majority rule never was the sole reason for the disenfranchisement of black majorities and pluralities in the Deep South, rather the problem has always been …

To Kill A Mockingbird Perspectives, Sherrilyn A. Ifill

Faculty Scholarship

"To Kill a Mockingbird" is one of the most influential and widely acclaimed legal novels in American history. It tells the story of a small-town white lawyer who is appointed to defend a black man accused of raping a white woman in 1930s Alabama. The lawyer, Atticus Finch, is one of the great legal heroes of American fiction. The story, told from the perspective of Atticus' daughter Scout, explores race, class, gender, family and law. Most of all it is a both critical and loving account of the white South. This article is a personal story about the influence of …

Pleading Civil Rights Claims In The Post-Conley Era, A. Benjamin Spencer

Scholarly Articles

Much has been made of the Supreme Court's recent pronouncements on federal civil pleading standards during the latter half of the 2006-2007 Term. Specifically, what will be the fallout from the Court's decision in Bell Atlantic Corp. v. Twombly, a case that abrogated Conley v. Gibson's famous no set of facts formulation and supplanted it with a new plausibility pleading standard? This Article attempts to examine and distill the impact of Twombly on the pleading standards that lower federal courts are applying when scrutinizing civil rights claims. Two main approaches emerge: that of courts that choose to continue to apply …

William Thaddeus Coleman, Jr.: Breaking The Color Barrier At The U.S. Supreme Court, Todd C. Peppers

Scholarly Articles

The purpose of this essay is twofold: It will endeavor to succinctly summarize the important events of Coleman’s life and professional career, while making the argument that these achievements were as groundbreaking in the legal community as Robinson’s were to baseball. Admittedly, looking to our national pastime is hardly an original literary maneuver; The myriad similarities and links between baseball and the law have offered rich material for many legal writers.2 Moreover, this article does not wish to diminish Coleman’s accomplishments by comparing them to a mere “game.” By drawing upon the sixtieth anniversary of Robinson’s debut, my hope is …

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

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

10 Years Out Of Step & Out Of Line: Florida’S Statutory Ban Of “Lesbi-Gay Adoption” Violates The Adoption And Safe Families Act Of 1997 (Asfa), Cynthia G. Hawkins-León, Anesha Worthy

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Torch (January 2008), Amy Homans, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

No abstract provided.

“Whites Only Tree,” Hanging Nooses, No Crime?: Limiting The Prosecutorial Veto For Hate Crimes In Louisiana And Across America, Tamara F. Lawson

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Reconstructions: Historical Consciousness And Critical Transformation, Emily Houh, Kristin (Brandser) Kalsem, Verna L. Williams

Faculty Articles and Other Publications

Introduction to the first volume of the Freedom Center Journal (FCJ).

Cracking The Egg: Which Came First -- Stigma Or Affirmative Action?, Emily Houh, Angela Onwuachi-Willig, Mary Campbell

Faculty Articles and Other Publications

This Article examines the strength of arguments concerning the causal connection between racial stigma and affirmative action. In so doing, this Article reports and analyzes the results of a survey on internal stigma (feelings of dependency, inadequacy, or guilt) and external stigma (the burden of others' resentment or doubt about one's qualifications) for the Class of 2009 at seven public law schools, four of which employed race-based policies when the Class of 2009 was admitted and three of which did not use such policies at that time. Specifically, this Article examines and presents survey findings of 1) minimal, if any, …

The First (Black) Lady, Verna L. Williams

Faculty Articles and Other Publications

Part I examines the role of First Lady, which has been undertheorized in legal scholarship, and how it promotes privileged white femininity, and in so doing, upholds patriarchy. Part II builds upon that discussion, explaining that the gender and racial norms that contribute to the traditional First Lady trope exemplify the intertwined nature of racism and sexism, which have been used to justify Black subordination. This section also examines how African Americans have embraced gender conformance as a way of attaining acceptance and status within the existing social order, specifically through the "Black lady" construct, which the campaign invoked to …