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Social Movements And Judging: An Essay On Institutional Reform Litigation And Desgregation In Dallas, Texas, Darren Lenard Hutchinson

UF Law Faculty Publications

This Article discusses the political and legal barriers that have surfaced to undermine the ability of courts to fashion remedies that offer justice to aggrieved individuals and to render rights-based institutional reform litigation a judicial relic. Part II examines the historical development of institutional reform litigation and examines the political factors that created the opportunity for dramatic changes in legal approaches to the issue of racial inequality. Part III examines litigation challenging segregation in Dallas public schools. It also discusses cases filed in the immediate post-Brown v. Board of Education era and contrasts those cases with Judge Sanders's rulings on …

Jones V. Mayer Revisited, Symposium: New Strategies In Fair Housing, Mira Tanna

Cleveland State Law Review

This article revisits Jones v. Mayer. Jones v. Mayer, decided by the U.S. Supreme Court in 1968, was the first Supreme Court case to rule that the Civil Rights Act of 1866--which guarantees the same right of all citizens to inherit, purchase, lease, sell, hold, and convey real and personal property as is enjoyed by white citizens--applies not only to actions of the state but also to private parties.

Toward A Plain Meaning Approach To Analyzing Title Vii: Employment Discrimination Protection Of Transsexuals, Kevin Schwin

Cleveland State Law Review

The purpose of this Article is two-fold. First, this Article will discuss whether transsexuals should be protected at all from employment discrimination, and if so, whether protection should be accomplished through legislative or judicial means. Then, the Article will discuss each of the aforementioned approaches and advocate for a logical and consistent manner in which courts should decide cases under Title VII where a transsexual plaintiff alleges discrimination because of sex.

Can We Talk? How Triggers For Unconscious Racism Strengthen The Importance Of Dialogue, Adjoa A. Aiyetoro

Law Faculty Scholarship

No abstract provided.

Can Public International Boarding Schools In Ghana Be The Next Educational Reform Movement For Low-Income Urban Minority Public School Students?, Kevin D. Brown

Articles by Maurer Faculty

The past twenty-five years has witnessed dramatic changes in the world, including the rise of international trade, unprecedented movement of people across national borders, tremendous advances in communication technologies and new forms of knowledge. Due to the changes of this magnitude, the American public is aware of new and formidable global and international problems that did not exist before. However, these changes also provide the conditions for applying new solutions to domestic problems that have plagued American society for decades. This Article puts forward an innovative suggestion to a persistent problem of American society: the problem of how to improve …

"Neutral" Principles: Rethinking The Legal History Of Civil Rights, 1934-1964, Anders Walker

All Faculty Scholarship

This paper recovers Columbia Law Professor Herbert Wechsler's constitutional involvement in the long civilrights movement. Derided for criticizing Brown v. Board of Education in 1959, Wechsler first became involved in civil rights litigation in the 1930s, continued to be interested in civil rights issues in the 1940s, and argued one of the most important civil rights cases to come before the Supreme Court in the 1960s. His critique of Brown, this article maintains, derived not from a disinterest in the black struggle but from a larger conviction that racial reform should be process rather than rights-based. By recovering Wechsler's approach, …

The Violent Bear It Away: Emmett Till & The Modernization Of Law Enforcement In Mississippi, Anders Walker

All Faculty Scholarship

Few racially motivated crimes have left a more lasting imprint on American memory than the death of Emmett Till. Yet, even as Till's murder in Mississippi in 1955 has come to be remembered as a catalyst for the civil rights movement, it contributed to something else as well. Precisely because it came on the heels of the Supreme Court's 1954 ruling in Brown v. Board of Education, Till's death convinced Mississippi Governor James P. Coleman that certain aspects of the state's handling of racial matters had to change. Afraid that popular outrage over racial violence might encourage federal intervention in …

Green-Lighting Brown: A Cumulative-Process Conception Of Judicial Impact, Vincent J. Strickler

Georgia Law Review

Disagreement over the meaning and legacy of Brown v. Board of Education is part of a larger debate about the capacity of the courts to influence social change. A "down with Brown" movement (epitomized by Gerald Rosenberg's Hollow Hope) denies that the iconic case positively changed America. To better understand the real impact of Brown, I examined the demands of sixty-eight related United States Supreme Court cases (particularly the paradigm-shifting 1968 case of Green v. County School Board) and conducted a content study of 414 relevant United States District Court cases (from 1944 through 1974). These studies provide compelling evidence …

Now Is The Appropriate Time For Selective Higher Education Programs To Collect Racial And Ethnic Data On Its Black Applicants And Students, Kevin D. Brown

Articles by Maurer Faculty

American colleges and universities have traditionally lumped all of their black students into a unified “Black/African/African American" category. However, there is growing evidence that American higher education is witnessing a historic change in the racial and ethnic ancestry of Blacks who are the beneficiaries of affirmative action. Recent studies have pointed out that disproportionately large percentages of Blacks benefiting from affirmative action are foreign-born Black immigrants, their sons and/or daughters, and multiracials. In addition, the number and percentage of blacks approaching college age from these groups will increase substantially in the next five to ten years.

In light of this …

Change In Racial And Ethnic Classifications Is Here: Proposal To Address Race And Ethnic Ancestry Of Blacks For Affirmative Action Admissions Purposes, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.

African American Disproportionality In School Discipline: The Divide Between Best Evidence And Legal Remedy, Kevin D. Brown, Russell J. Skiba, Suzanne E. Eckes

Articles by Maurer Faculty

No abstract provided.

A Disability By Any Other Name Is Still A Disability: Log Cabin, The Disability Spectrum, And The Ada (Aa), Gabrielle L. Goodwin

Articles by Maurer Faculty

In EEOC v. Lee's Log Cabin, the Seventh Circuit followed the Supreme Court precedent of the last decade that has increasingly narrowed the determination of what constitutes a disabled individual under the Americans with Disabilities Act. In 2008, Congress passed the ADA Amendments Act in an attempt to restore the ADA to its original purpose and the original vision of the ADA's drafters and supporters. Whether these amendments will produce dramatic changes in the way the administrative agencies and courts apply the ADA remains to be seen. Nonetheless, the only way the ADA or its amendments will successfully protect against …

Certificate: To Rodney Hurst For Participation In Writer's Digest 16th Annual Self-Published Book Awards

Textual material from the Rodney Lawrence Hurst, Sr. Papers

A certificate of Participation for "It was never about a hot dog and a Coke! in the Life Stories category. 2009

Program: Florida Historical Society Annual Meeting

Textual material from the Rodney Lawrence Hurst, Sr. Papers

Florida Historical Society Annual Meeting at the Hampton Inn Airport. Pensacola, Fla. May 21-23, 2009

Are State Constitutions Un-American?, Justin R. Long

Law Faculty Research Publications

No abstract provided.

Substantial Equivalency And The Future Of Fair Housing In Ohio, Symposium: New Strategies In Fair Housing, G. Michael Payton, Matthew D. Miko

Cleveland State Law Review

This article reviews recent Ohio court decisions and discusses their potential impact on the continued certification of the state's fair housing law as “substantially equivalent.” It also addresses several responsive steps being taken by the Ohio Civil Rights Commission in order to re-establish the rights and responsibilities under the state's fair housing law.

Blackboard Jungle: Delinquency, Psychiatry, And The Bio-Politics Of Brown, Anders Walker

Studio for Law and Culture

In 1955, Metro-Goldwyn-Mayer released a controversial film about juvenile delinquency entitled Blackboard Jungle. Georgia Governor Ernest Vandiver subsequently used the film as a metaphor for what would happen to southern schools were Brown enforced, marking the beginnings of a much larger campaign to articulate southern resistance to integration in popular terms. Taking Blackboard Jungle as a starting point, this article recovers the intersection between discourses of delinquency and desegregation at mid-century, showing how civil rights groups and segregationists alike both drew from mass culture and social psychiatry to advance their constitutional agendas. It concludes by showing that even as …

Racial Exhaustion, Darren L. Hutchinson

Faculty Articles

This Article proceeds in three principle parts. Part II explains the role of rhetoric and narratives in shaping commonly held societal beliefs and argues that racial exhaustion discourse functions as a social script that seeks to portray the United States as a post-racist society. Part II then summarizes the basic content of racial exhaustion rhetoric and identifies five common arguments that have endured across historical contexts, which depict race-based remedies as redundant, taxing, injurious to whites, special handouts to blacks, and futile because law cannot alter racial inequality. Next, Part II examines the political rhetoric employed by nineteenth-century Congressional opponents …

Social Movements And Judging: An Essay On Institutional Reform Litigation And Desegregation In Dallas, Texas, Darren L. Hutchinson

Faculty Articles

This Article discusses the political and legal barriers that have surfaced to undermine the ability of courts to fashion remedies that offer justice to aggrieved individuals and to render rights-based institutional reform liti­gation a judicial relic. Part II examines the historical development of in­stitutional reform litigation and examines the political factors that created the opportunity for dramatic changes in legal approaches to the issue of racial inequality. Part III examines litigation challenging segregation in Dallas public schools. It also discusses cases filed in the immediate post­-Brown era and contrasts those cases with Judge Sanders's rulings on the subject. In …

What Is Equality?-Arguing The Reality And Dispelling The Myth: An Inquiry In A Legal Definition For The American Context, Robert J. Araujo S.J.

Faculty Publications & Other Works

No abstract provided.

Destined For Servitude., Juan F. Perea

Faculty Publications & Other Works

No abstract provided.

The Fair Housing Act At Forty: Predatory Lending And The City As Plaintiff, Ngai Pindell

Scholarly Works

The availability of credit, to individual borrowers and to communities, is an integral factor shaping the geography of housing opportunity. Cities are shaped by the housing and borrowing choices of their residents and the attendant mobility -- or lack of mobility -- of families. When lenders deny credit to neighborhoods or borrowers because of race, communities suffer. And when lenders flood these same neighborhoods with subprime or predatory loan products, the communities suffer once again. The economic gains of individuals and of communities in cities over the last several decades are threatened by massive property devaluations, loss of equity, and …

Home Sweet Home? The Efficacy Of Rental Restrictions To Promote Neighborhood Stability, Ngai Pindell

Scholarly Works

Homeownership is an enduring and fundamental American tradition whose economic and social benefits are well examined and have received renewed attention in recent articles and books. Tax laws encourage homeownership; debtor-creditor and property laws protect homeowners; and constitutional protections defend homeowners from governmental attempts to exercise eminent domain.

The current economic and housing crises have forced commentators and policymakers to reexamine the connection between traditional conceptions of homeownership and economic stability, particularly for low-income residents. This article questions that traditional conception by exploring how local governments, in an effort to promote regulatory land use goals, frequently limit homeowners' power to …

Reproducing Gender On Law School Faculties, Ann C. Mcginley

Scholarly Works

This article demonstrates that there is a gender divide on law school faculties. Women work in inferior sex-segregated jobs and teach a disproportionate percentage of female-identified courses. More than 80% of law school deans are men. Men teach the more prestigious male-identified courses. Women suffer from differential expectations from colleagues and students and often bear the brunt of their colleagues' bullying behaviors at work. Using masculinities studies and other social science research to identify gendered structures, practices, and behaviors that harm women law professors, this article provides a theoretical framework to explain why women in the legal academy do not …

Toward Global Corporate Citizenship: Reframing Foreign Direct Investment Law, Rachel J. Anderson

Scholarly Works

This article argues that modern foreign direct investment law is a vestige of the colonial era during which early forms of transnational corporations emerged. Unlike international trade law and despite the dramatic developments of the twentieth century, foreign direct investment law remains largely unchanged. Due to a lack of political will, prior multilateral efforts to implement comprehensive foreign direct investment law reforms have been largely unsuccessful. However, in recent years, growing political will has emerged under the umbrella of Global Corporate Citizenship and related movements. This article posits that Global Corporate Citizenship is an opportunity to reframe and reform foreign …

Trans Law Reform Strategies, Co-Optation, And The Potential For Transformative Change, Dean Spade

Faculty Articles

This paper considers two critiques of how law and rights struggles co-opt social movements and applies them to the example of the emergent law reforms in the area of transgender rights. First, it considers the limitations of the discrimination principle. Second, it looks at the emergent critique of "nonprofitization." Examining how the focus on formal legal equality and the growth of non-profit formations that centralize the concerns and experiences of white and upper class people have impacted gay and lesbian rights work, the paper suggests that these avenues present dangers to creating meaningful transformation of conditions facing trans population, including …

Stories Absent From The Courtroom: Responding To Domestic Violence In The Context Of Hiv And Aids, Jane Stoever

Faculty Articles

HIV/AIDS dramatically impacts domestic violence survivors' needs and demands reconceptualization of current responses to domestic violence. This article aims to illuminate the problem of domestic violence in the context of HIV/AIDS and to prompt further development of legal response systems. Specifically, this article brings together the worlds of law, public health, and women's lived experiences to argue for recognizing and responding to domestic violence in the context of HIV/AIDS in the United States. Utilizing accounts of clients' experiences and data from public health studies, this article sets forth eight categories of HIV/AIDS-related domestic violence: repercussions from partner notification, use of …

Bisexuals Need Not Apply: A Comparative Appraisal Of Refugee Law And Policy In Canada, The United States, And Australia, Sean Rehaag

Articles & Book Chapters

This paper offers an analysis of refugee claims on grounds of bisexuality. After discussing the grounds on which sexual minorities may qualify for refugee status under international refugee law, the paper empirically assesses the success rates of bisexual refugee claimants in three major host states: Canada, the United States, and Australia. It concludes that bisexuals are significantly less successful than other sexual minority groups in obtaining refugee status in those countries. Through an examination of selected published decisions involving bisexual refugee claimants, the author identifies two main areas for concern that may partly account for the difficulties that bisexual refugee …

Overreaction Then (Korematsu) And Now (The Detainee Cases), Fritz Snyder

Faculty Journal Articles & Other Writings

In light of the "detainee cases," this article uses Korematsu v. U.S. as a case study in how things can go grievously wrong when the government overreacts to the threat of terrorism and individual rights disappear.

Why Affirmative Action Remains Essential In The Age Of Obama, Reginald T. Shuford

Campbell Law Review

No abstract provided.