Civil Rights and Discrimination Commons^™

Illinois V. Wardlow

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Baehr V. Miike

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Foundational Myths And The Reality Of Dependency: The Role Of Marriage , Ann Shalleck

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Breaking Up Is Hard To Do: Comments On Martha Fineman's Cracking The Foundational Myths: Independence, Autonomy, And Self-Sufficiency, , Suzanna Danuta Walters

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Why Lesbians And Gay Men Should Read Martha Fineman, Nancy D. Polikoff

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Bursting The Foundational Myths Of Reproductive Labor Under Capitalism: A Call For Brave New Families Or Brave New Villages? , Mary Romero

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Caretakers, Entitlement, And Diversity , Twila L. Perry

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Torch (February 2011), Brandon Baldwin, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

No abstract provided.

Echoes From The Past: What We Can Learn About Unity, Belonging And Respecting Differences From The Flag Salute Cases, Brett G. Scharffs

Brigham Young University Journal of Public Law

No abstract provided.

Amicus Brief Of The Defender Initiative And Washington Defender Association In Support Vs. Of Motion To Appoint Counsel, The Defender Initiative, Robert C. Boruchowitz, Counsel For Defendant

Fred T. Korematsu Center for Law and Equality

The Defender Initiative Amicus Brief

Hoisted By Their Own Petard: Struve Applies Pretext Analysis To The Court, Finds Justices’ Motives Questionable, Martin J. Katz

Sturm College of Law: Faculty Scholarship

In her new article, Catherine Struve questions the Court’s motives in Gross. And she does so using a pretext analysis that is deliciously reminiscent of a McDonnell Douglas pretext analysis. Like the skilled employment lawyer she is, Professor Struve divides and conquers each of the arguments advanced by the Court for its action. First, she considers the Court’s argument that the Civil Rights Act of 1991 does not apply to ADEA claims. While she concedes that this argument might be correct, she also notes that it is irrelevant. Then, she considers the Court’s textual argument: that there is no …

The Promise Of The Minnesota Human Rights Act Denied: Krueger V. Zeman Construction Company, Leslie Lienemann, Justin Cummins

Journal of Law and Practice

No abstract provided.

Gender-Based Affirmative Action And Reverse Gender Bias: Beyond Gratz, Parents Involved, And Ricci, Rosalie Levinson

Law Faculty Publications

No abstract provided.

The Many Faces Of Iqbal, Rosalie Berger Levinson

Law Faculty Publications

No abstract provided.

Illegal Aid: Legal Assistance To Immigrants In The United States, Geoffrey Heeren

Law Faculty Publications

There is an enormous unmet need for immigrant legal aid in the United States. This is partly due to regulations that bar federally funded legal services organizations from representing many types of immigrants. The possible repeal of these restrictions is rarely discussed as a means to expand immigrant access to counsel. Federal funding for immigrant legal aid appears to have become taboo, despite the fact that for much of its history, legal aid was deeply connected to immigration. This forgotten history reveals that there was once broad national consensus in favor of immigrant legal aid; it became contentious and faced …

Paying For The Past: Addressing Past Property Violations In South Africa, Bernadette Atuahene

All Faculty Scholarship

No abstract provided.

South Africa’S Land Reform Crisis: Eliminating The Legacy Of Apartheid, Bernadette Atuahene

All Faculty Scholarship

No abstract provided.

Conceptions Of Law In The Civil Rights Movement, Christopher W. Schmidt

All Faculty Scholarship

No abstract provided.

Baby Boomers At Work: Growing Older And Working More, Eve M. Brank

Nebraska College of Law: Faculty Publications

In the current chapter, I will first detail the legal framework for workplace age discrimination and court case examples that have largely mirrored race and gender discrimination law. Next, I will discuss the psychological research that details the consequences of age discrimination with a particular focus on the combined effects of stereotype assimilation and notions of deservingness of respect. Last, I will suggest that until we know the causes of age discrimination, we cannot legitimately address its consequences the same way we have addressed other forms of discrimination. Specifically, I will argue that legislating against age discrimination is inherently different …

Black Pluralism In Post Loving America, Taunya Lovell Banks

Faculty Scholarship

The face of late twentieth and early twenty-first century America has changed, as have attitudes about race, especially about persons with some African ancestry. Since 1967, the number of multi-racial individuals with some African ancestry living in the United States has increased dramatically as a result of increased out-marriage by black Americans and the immigration of large numbers of multiracial individuals from Mexico, the Caribbean, as well as Central and Latin America. Many members of the post-Loving generation came of age in the 1990s with no memories of de jure racial segregation laws or the need for the 1960s civil …

Network Accountability For The Domestic Intelligence Apparatus, Danielle Keats Citron, Frank Pasquale

Faculty Scholarship

A new domestic intelligence network has made vast amounts of data available to federal and state agencies and law enforcement officials. The network is anchored by “fusion centers,” novel sites of intergovernmental collaboration that generate and share intelligence and information. Several fusion centers have generated controversy for engaging in extraordinary measures that place citizens on watch lists, invade citizens’ privacy, and chill free expression. In addition to eroding civil liberties, fusion center overreach has resulted in wasted resources without concomitant gains in security.

While many scholars have assumed that this network represents a trade-off between security and civil liberties, our …

Intermediaries And Hate Speech: Fostering Digital Citizenship For Our Information Age, Danielle Keats Citron, Helen L. Norton

Faculty Scholarship

No longer confined to isolated corners of the web, cyber hate now enjoys a major presence on popular social media sites. The Facebook group Kill a Jew Day, for instance, acquired thousands of friends within days of its formation, while YouTube has hosted videos with names like How to Kill Beaners, Execute the Gays, and Murder Muslim Scum. The mainstreaming of cyber hate has the troubling potential to shape public expectations of online discourse.

Internet intermediaries have the freedom and influence to seize this defining moment in cyber hate’s history. We believe that a thoughtful and nuanced intermediary-based …

Taking Away An Employer's Free Pass: Making The Case For A More Sophisticated Sex-Plus Analysis In Employment Discrimination Cases, Heather M. Kolinsky

Scholarly Articles

In this article the author advocates for a broader interpretation of sex-plus theory to encompass the concept of mother as a gender identified category.

Child, Please – Stop The Anti-Queer School Bullycides: A Modest Proposal To Hoist Social Conservatives By Their Own “God, Guns, And Gays” Petard, David Groshoff

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

No abstract provided.

Reaching Batson's Challenge Twenty-Five Years Later: Eliminating The Peremptory Challenge And Loosening The Challenge For Cause Standard, Matt Haven

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

No abstract provided.

Torch (January 2011), Brandon Baldwin, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

No abstract provided.

Pledge Your Body For Your Bread: Welfare, Drug Testing, And The Inferior Fourth Amendment, Jordan C. Budd

Law Faculty Scholarship

Proposals to subject welfare recipients to periodic drug testing have emerged over the last three years as a significant legislative trend across the United States. Since 2007, over half of the states have considered bills requiring aid recipients to submit to invasive extraction procedures as an ongoing condition of public assistance. The vast majority of the legislation imposes testing without regard to suspected drug use, reflecting the implicit assumption that the poor are inherently predisposed to culpable conduct and thus may be subject to class-based intrusions that would be inarguably impermissible if inflicted on the less destitute. These proposals are …

Iqbal, Al-Kidd And Pleading Past Qualified Immunity: What The Cases Mean And How They Demonstrate A Need To Eliminate The Immunity Doctrines From Constitutional Tort Law, John M. Greabe

Law Faculty Scholarship

The Supreme Court’s decisions in Ashcroft v. Iqbal and Ashcroft v. al-Kidd contain issue-framing statements indicating that a constitutional tort plaintiff is required to plead facts sufficient to establish the inapplicability of the qualified immunity defense. Yet, framing the issue in this way ignores the Court’s earlier decisions in Gomez v. Toledo and Crawford-El v. Britton and is at odds with the established law of pleading; a plaintiff is not required to anticipate an affirmative defense and negate its applicability in the complaint. These cases thus raise a number of questions—Does the Court really mean what its issue-framing statements suggest? …

Causes, Consequences And Cures Of Racial And Ethnic Disproportionality In Conviction And Incarceration Rates: An Introduction, Janet Moore

Faculty Articles and Other Publications

This piece introduces Prosecution and Racial Justice, a panel discussion with Wayne McKenzie of the Vera Institute for Justice, by outlining the legal-historical context for reform strategies that detect and correct effects of racial bias in prosecutorial decision-making.

Doma, Romer, And Rationality, Andrew Koppelman

Faculty Working Papers

It has been objected by many that the Defense of Marriage Act lacks a rational basis because it reflects a bare desire to harm a politically unpopular group. The increasing success of the argument, which has persuaded three federal judges, reveals the hidden normative premises of rational basis analysis, at least whenever that analysis is used to invalidate a statute. Since 1996, when DOMA was passed by overwhelming margins in both houses of Congress, the country's attitudes toward gay people have evolved rapidly, to the point where this kind of mindless lashing out at gays looks a lot less attractive. …