Open Access. Powered by Scholars. Published by Universities.®
Civil Rights and Discrimination Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (67)
- Labor and Employment Law (54)
- Human Rights Law (48)
- Law and Gender (44)
- Criminal Law (41)
-
- Education Law (33)
- Law and Society (32)
- Courts (29)
- Law Enforcement and Corrections (26)
- Fourteenth Amendment (25)
- Social and Behavioral Sciences (25)
- Legal History (24)
- Criminal Procedure (23)
- Sexuality and the Law (22)
- Health Law and Policy (21)
- Disability Law (20)
- Legislation (19)
- Law and Race (18)
- State and Local Government Law (18)
- Legal Remedies (17)
- Sociology (17)
- Family Law (15)
- First Amendment (15)
- Religion Law (13)
- Immigration Law (12)
- Judges (12)
- Dispute Resolution and Arbitration (11)
- Litigation (11)
- Institution
-
- Pepperdine University (89)
- Seattle University School of Law (28)
- Washington and Lee University School of Law (25)
- University of Michigan Law School (12)
- Duke Law (11)
-
- University of Georgia School of Law (11)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (11)
- Columbia Law School (10)
- Maurer School of Law: Indiana University (10)
- Georgetown University Law Center (9)
- University of Maryland Francis King Carey School of Law (9)
- William & Mary Law School (9)
- Chicago-Kent College of Law (8)
- Touro University Jacob D. Fuchsberg Law Center (8)
- Western New England University (8)
- University of Tennessee College of Law (7)
- American University Washington College of Law (6)
- Yeshiva University, Cardozo School of Law (6)
- Loyola University Chicago, School of Law (5)
- Mercer University School of Law (5)
- Saint Louis University School of Law (5)
- University of Arkansas Little Rock (5)
- University of Baltimore Law (5)
- University of South Carolina (5)
- University of Southern Maine (5)
- Fordham Law School (4)
- New York Law School (4)
- The Catholic University of America, Columbus School of Law (4)
- University of Richmond (4)
- West Virginia University (4)
- Keyword
-
- Discrimination (42)
- Civil rights (29)
- Civil Rights (20)
- Employment discrimination (19)
- Supreme Court (19)
-
- Constitution (16)
- Race (14)
- Title VII (14)
- United States (14)
- Race discrimination (13)
- Affirmative action (11)
- First Amendment (11)
- Fourteenth Amendment (11)
- Constitutional law (10)
- Employment (10)
- Gender (10)
- United States Supreme Court (10)
- Women (10)
- Education (9)
- Equality before the law (9)
- Racial discrimination (9)
- Criminal justice system (8)
- Criminal law (8)
- Equal protection (8)
- Equality (8)
- Poverty (8)
- Race and law (8)
- Religion (8)
- Segregation (8)
- Sex discrimination (8)
- Publication
-
- Pepperdine Law Review (80)
- Faculty Scholarship (37)
- Washington and Lee Journal of Civil Rights and Social Justice (25)
- All Faculty Scholarship (16)
- Faculty Articles (15)
-
- Faculty Publications (15)
- Georgia Law Review (11)
- Fred T. Korematsu Center for Law and Equality (9)
- Scholarly Works (9)
- Georgetown Law Faculty Publications and Other Works (8)
- Pepperdine Dispute Resolution Law Journal (8)
- Articles (7)
- Tennessee Journal of Race, Gender, & Social Justice (6)
- Touro Law Review (6)
- American Indian Law Journal (5)
- Articles by Maurer Faculty (5)
- Indiana Law Journal (5)
- Michigan Journal of Race and Law (5)
- Public Interest Law Reporter (5)
- Torch: The Civil Rights Team Project Newsletter (5)
- Catholic University Law Review (4)
- Legislation and Policy Brief (4)
- Mercer Law Review (4)
- West Virginia Law Review (4)
- Articles & Chapters (3)
- Law Faculty Publications (3)
- Publications (3)
- Supreme Court Briefs (3)
- University of Arkansas at Little Rock Law Review (3)
- University of Maryland Law Journal of Race, Religion, Gender and Class (3)
- Publication Type
Articles 241 - 270 of 405
Full-Text Articles in Civil Rights and Discrimination
Considering The Libel Trial Of Émile Zola In Light Of Contemporary Defamation Doctrine, Peter A. Zablotsky
Considering The Libel Trial Of Émile Zola In Light Of Contemporary Defamation Doctrine, Peter A. Zablotsky
Touro Law Review
Touro Law School's three-day conference on the Dreyfus affair provided an opportunity to re-examine the libel trial Émile Zola. A modern view on tort law is provided to analyze this case as if it unfolded today.
Masculinities, Feminism, And The Turkish Headscarf Ban: Revisiting Şahin V. Turkey, Valorie K. Vojdik
Masculinities, Feminism, And The Turkish Headscarf Ban: Revisiting Şahin V. Turkey, Valorie K. Vojdik
Book Chapters
No abstract provided.
Saving Their Own Souls: How Rluipa Failed To Deliver On Its Promises, Sarah Gerwig-Moore
Saving Their Own Souls: How Rluipa Failed To Deliver On Its Promises, Sarah Gerwig-Moore
Articles
In the summer of 2001, as a graduate student in law and theology, I began work on a master’s thesis that examined the predicament of men of faith on San Quentin’s Condemned Row. I was working in the California Appellate Project—mostly assisting with direct appeals and state habeas petitions on behalf of men under a death sentence—when a colleague guided me into theological conversations with some of our clients. On Condemned Row, they waited—up to five years to be assigned a court-appointed appellate attorney, on judges’ rulings, and to find whether the legal system would ultimately exact the penalty it …
Legal And Policy Standards For Addressing Workplace Racism: Employer Liability And Shared Responsibility For Race-Based Traumatic Stress, Robert T. Carter, Thomas D. Scheuermann
Legal And Policy Standards For Addressing Workplace Racism: Employer Liability And Shared Responsibility For Race-Based Traumatic Stress, Robert T. Carter, Thomas D. Scheuermann
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Torch (January/February 2012), Brandon Baldwin, Civil Rights Team Project
Torch (January/February 2012), Brandon Baldwin, Civil Rights Team Project
Torch: The Civil Rights Team Project Newsletter
No abstract provided.
Can Chinese Migrants Bolster The Struggling Economies Of Europe?, Felix B. Chang
Can Chinese Migrants Bolster The Struggling Economies Of Europe?, Felix B. Chang
Faculty Articles and Other Publications
This article examines new Chinese migration into Europe during a period of economic stagnation - more specifically, the movement of Zhejiangese merchants in Southeast Europe. The Zhejiangese migration pattern is diversifying from a predominantly petty merchant phenomenon to include the sophisticated operations of large-scale investors. It is therefore in the interests of host countries to foster, rather than restrict, this progression toward institutionalization. As such, governments should shape immigration and antidiscrimination policies to harness the potential of these migrants.
Soul Of A Woman: The Sex Stereotyping Prohibition At Work, Kimberly A. Yuracko
Soul Of A Woman: The Sex Stereotyping Prohibition At Work, Kimberly A. Yuracko
Faculty Working Papers
In 1989 the Supreme Court in Price Waterhouse v. Hopkins declared that sex stereotyping was a prohibited from of sex discrimination at work. This seemingly simple declaration has been the most important development in sex discrimination jurisprudence since the passage of Title VII. It has been used to extend the Act's coverage and protect groups that were previously excluded. Astonishingly, however, the contours, dimensions and requirements of the prohibition have never been clearly articulated by courts or scholars. In this paper I evaluate four interpretations of what the sex stereotyping prohibition might mean in order to determine what it actually …
A New Sheriff In Town: Armistice In The War On Drugs And Students' Civil Rights, Susan P. Stuart
A New Sheriff In Town: Armistice In The War On Drugs And Students' Civil Rights, Susan P. Stuart
Law Faculty Publications
No abstract provided.
The Irony Of Hosanna-Tabor Evangelical Lutheran Church And School V Eeoc, Caroline Mala Corbin
The Irony Of Hosanna-Tabor Evangelical Lutheran Church And School V Eeoc, Caroline Mala Corbin
Articles
In Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, a schoolteacher sued her employer for retaliating against her in violation of the American with Disabilities Act (ADA). The success of her ADA claim turned on whether the Supreme Court thought that she was a minister. If she was not a minister, she would have probably won. After all, the school stated in writing that a main reason for her termination was her threatened lawsuit. But because the Supreme Court decided that she was a minister, and that ministers may not sue their religious employers for discrimination under the ministerial …
History Of De Jure Segregation In Public Higher Education In America And The State Of Maryland Prior To 1954 And The Equalization Strategy, John K. Pierre
History Of De Jure Segregation In Public Higher Education In America And The State Of Maryland Prior To 1954 And The Equalization Strategy, John K. Pierre
Florida A & M University Law Review
No abstract provided.
A Rational Choice Reflection On The Balance Among Individual Rights, Collective Security, And Threat Portrayals Between 9/11 And The Invasion Of Iraq, Robert Bejesky
Barry Law Review
No abstract provided.
Common-Law Interpretation Of Appropriate Education: The Road Not Taken In Rowley, Mark Weber
Common-Law Interpretation Of Appropriate Education: The Road Not Taken In Rowley, Mark Weber
College of Law Faculty
Thirty years old in 2012, Board of Education v. Rowley is the case that established a some-benefit or floor-of-opportunity standard for the services public school districts must provide to children who have disabilities. But the some-benefit approach is by no means the only one the Court could have adopted. It could have endorsed the view of the lower courts that each child with a disability must be given the opportunity to achieve his or her potential commensurate with the opportunity offered other children. Or it could have adopted a standard based on achievement of the child’s full potential or the …
Tangled Up In Law: The Jurisprudence Of Bob Dylan, Michael L. Perlin
Tangled Up In Law: The Jurisprudence Of Bob Dylan, Michael L. Perlin
Fordham Urban Law Journal
In this Article, I will try to create a topography of Bob-as-jurisprudential scholar by looking at selected Dylan songs in these discrete areas of law (and law-and-society): civil rights; inequality of the criminal justice system; institutions; governmental/judicial corruption; equality and emancipation (political and economic); poverty, the environment, and inequality of the civil justice system; and the role of lawyers and the legal process.
Not The Marrying Kind: A Feminist Critique Of Same-Sex Marriage/Reconstructing Marriage: The Legal Status Of Relationships In A Changing Society (Book Review), Yuvraj Joshi
Faculty Scholarship
No abstract provided.
To Catch A Lawsuit: Constitutional Principles At Work In The Investigative-Journalism Genre, Michael F. Dearington
To Catch A Lawsuit: Constitutional Principles At Work In The Investigative-Journalism Genre, Michael F. Dearington
Vanderbilt Journal of Entertainment & Technology Law
This Note examines two causes of action, civil rights violations under 42 U.S.C. § 1983 and II ED claims, in the context of lawsuits against investigative journalists. Examining two recent cases in particular, Tiwari v. NBC Universal, Inc. and Conradt v. NBC Universal, Inc., which arise out of NBC's conduct in its primetime series To Catch a Predator, this Note concludes that legal standards governing conduct by investigative journalists are currently unclear. Investigative journalists are not adequately on notice as to when they might be liable under § 1983 for violating a subject's civil rights. And district courts have failed …
Finding A Voice Of Challenge: The State Responds To Religious Women And Their Communities, Marie Failinger
Finding A Voice Of Challenge: The State Responds To Religious Women And Their Communities, Marie Failinger
Faculty Scholarship
The appropriate response of Western nation-states to the situation of religious women who are caught between democratic norms of gender equality and the demands of their religious community has been a source of tension in many Western nations, including the U.S. This article attempts to give voice to the complex nature of women’s religious conduct as tied to their identities, and to propose alternative ways that the state might further its norms of gender equality besides intrusive regulation of religious communities.
Professionalism And Advocacy At Trial – Real Jurors Speak In Detail About The Performance Of Their Advocates, Mitchell J. Frank, Osvaldo F. Morera
Professionalism And Advocacy At Trial – Real Jurors Speak In Detail About The Performance Of Their Advocates, Mitchell J. Frank, Osvaldo F. Morera
Faculty Scholarship
No abstract provided.
Why The Law Needs Music: Revisiting Naacp V. Button Through The Songs Of Bob Dylan, Renee Newman Knake
Why The Law Needs Music: Revisiting Naacp V. Button Through The Songs Of Bob Dylan, Renee Newman Knake
Fordham Urban Law Journal
The law needs music, a truth revealed by revisiting the United States Supreme Court’s opinion in NAACP v. Button through the songs of Bob Dylan and the play Music History. This Essay proceeds in three parts. Part I opens with a summary of the Court’s decision in NAACP v. Button, focusing particularly on the expanded understanding of First Amendment rights related to access to the law that flow from this legal opinion. Part II explains the inspiration for this Essay, Seaton’s play Music History, which reveals the influence of music on law and culture during the civil rights movement. Part …
The Role Of Race In End-Of-Life Care, Barbara A. Noah
The Role Of Race In End-Of-Life Care, Barbara A. Noah
Journal of Health Care Law and Policy
No abstract provided.
Punitive Damages, Due Process, And Employment Discrimination, Joseph Seiner
Punitive Damages, Due Process, And Employment Discrimination, Joseph Seiner
Faculty Publications
The Supreme Court has failed to provide any substantive guidance on when punitive damages are appropriate in employment discrimination cases since it issued its seminal decision in Kolstad v. American Dental Ass'n over twelve years ago. The Court has recently expanded its punitive damages jurisprudence in the high-profile decisions of Philip Morris USA v. Williams and Exxon Shipping Co. v. Baker. While these cases dramatically altered the way exemplary relief is analyzed in civil cases, the extent to which these decisions apply in the workplace context remains unclear. Surprisingly, there has been almost no academic literature to date explaining how …
J.D.B. V. North Carolina: An Appropriate Expansion Of Miranda To Account For Age In Juvenile Interrogations, Hanna M. Sheehan
J.D.B. V. North Carolina: An Appropriate Expansion Of Miranda To Account For Age In Juvenile Interrogations, Hanna M. Sheehan
Maryland Law Review
No abstract provided.
Feminist Legal Scholarship: A History Through The Lens Of The California Law Review, Katharine T. Bartlett
Feminist Legal Scholarship: A History Through The Lens Of The California Law Review, Katharine T. Bartlett
Faculty Scholarship
This Essay describes the evolution of feminist legal scholarship, using six articles published by the California Law Review as exemplars. This short history provides a window on the most important contributions of feminist scholarship to understandings about gender and law. It explores alternative formulations of equality, and the competing assumptions, ideals, and implications of these formulations. It describes frameworks of thought intended to compensate for the limitations of equality doctrine, including critical legal feminism, different voice theory, and nonsubordination theory, and the relationships between these frameworks. Finally, it identifies feminist legal scholarship that has crossed the disciplinary bound-aries of law. …
Responses To The Five Questions, Charles J. Dunlap Jr.
Responses To The Five Questions, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
States’ Rights, Southern Hypocrisy, And The Crisis Of The Union, Paul Finkelman
States’ Rights, Southern Hypocrisy, And The Crisis Of The Union, Paul Finkelman
Faculty Scholarship
This article explores the arguments used by southern secessionists to explain why they left the Union. The article demonstrates that support for "states' rights" was not the main reason for secession, and that on the contrary, most of the slave states left the Union because the free states were exercising their states' rights in opposing slavery. The main reason for secession, as this essay shows, was the desire to protect slavery and to create a new nation, self-consciously based on slavery and white supremacy. This article began as part of an AALS legal history section program in 2010 and is …
A Political Show Trial In The Northern District: Oberlin-Wellington Fugitive Slave Rescue Case, Paul Finkelman
A Political Show Trial In The Northern District: Oberlin-Wellington Fugitive Slave Rescue Case, Paul Finkelman
Faculty Scholarship
This chapter from Justice and Legal Change on the Shores of Lake Erie, examines the first important cases ever heard by the U.S. District Court for the Northern District of Ohio. The cases, known as the Oberlin-Wellington Fugitive Slave Cases -- stemmed out of the rescue of a fugitive slave from the custody of a professional slave catcher. The fugitive was seized in Oberlin, and taken to nearby Wellington, and held in hotel while the slave catchers waiting for a train to take them to Columbus. Meanwhile, a mob -- consisting mostly of Oberlin residents, including many Oberlin College …
Section 2 Is Dead: Long Live Section 2, Guy-Uriel Charles
Section 2 Is Dead: Long Live Section 2, Guy-Uriel Charles
Faculty Scholarship
No abstract provided.
Thirteenth Amendment And The Regulation Of Custom, Darrell A. H. Miller
Thirteenth Amendment And The Regulation Of Custom, Darrell A. H. Miller
Faculty Scholarship
Custom is an underdeveloped concept in Thirteenth Amendment jurisprudence. While a substantial body of work has explored the technical meaning of custom as it applies to § 1983 and, to a lesser extent, Congress’s power to enforce the Fourteenth Amendment, few scholars have offered sustained treatment of custom as a way to understand the meaning and scope of the Thirteenth Amendment. This gap exists despite the fact that Congress specifically identified custom as a subject of regulation when it passed the Civil Rights Act of 1866 and despite the fact that the Thirteenth Amendment operates directly on the behavior of …
Book Review, Darrell A. H. Miller
The Nutty Putty Cave, The Zen Runner And Other Allegories About Life, Death, Value And Law, John W. Ragsdale Jr
The Nutty Putty Cave, The Zen Runner And Other Allegories About Life, Death, Value And Law, John W. Ragsdale Jr
Faculty Works
No abstract provided.
Law Review Symposium 2011: Baker V. Carr After 50 Years: Appraising The Reapportionment Revolution: Introduction, Jonathan L. Entin
Law Review Symposium 2011: Baker V. Carr After 50 Years: Appraising The Reapportionment Revolution: Introduction, Jonathan L. Entin
Faculty Publications
Introduction to Law Review Symposium 2011: Baker V. Carr after 50 Years: Appraising the Reapportionment Revolution, Cleveland, OH