Open Access. Powered by Scholars. Published by Universities.®

Civil Rights and Discrimination Commons™

Open Access. Powered by Scholars. Published by Universities.®

2013

Discipline
Institution
Keyword
Publication
Publication Type
File Type

Articles 301 - 330 of 427

Full-Text Articles in Civil Rights and Discrimination

The State Of Israel’S Constitution; A Comparison Of Civilized Nations, Mark Goldfeder Jan 2013

The State Of Israel’S Constitution; A Comparison Of Civilized Nations, Mark Goldfeder

Scholarly Works

The art of constitution-making is never one-dimensional. In regard to the United States' model, it has recently been argued that "[d]espite the enormous literature on the critical period, including the foreign affairs imperatives behind the movement for reform, it is not fully understood that the animus behind the reform effort that culminated in the new Constitution was a desire to ensure that the United States would be in a position to meet its international commitments and thereby earn international recognition."' While there are obvious differences, and while this concept is perhaps of even greater importance and more poignantly felt for …

Go to article

Deference Or Abdication: A Comparison Of The Supreme Courts Of Israel And The United States In Cases Involving Real Or Perceived Threats To National Security, Eileen Kaufman Jan 2013

Deference Or Abdication: A Comparison Of The Supreme Courts Of Israel And The United States In Cases Involving Real Or Perceived Threats To National Security, Eileen Kaufman

Scholarly Works

The Supreme Courts of Israel and the United States treat cases involving national security radically differently, or so it appears on the surface. The fact that the two courts make very different use of justiciability doctrines dramatically affects their willingness to decide “war on terrorism” cases that challenge aspects of national security programs as violative of individual rights. On the surface, the approaches of the two courts thus appear to be radically different, and indeed they are, at least with respect to their willingness to hear and decide cases in “real time” and in terms of their willingness to embrace …

Go to article

Unfinished Equality: The Case Of Black Boys, Nancy E. Dowd Jan 2013

Unfinished Equality: The Case Of Black Boys, Nancy E. Dowd

UF Law Faculty Publications

Vulnerabilities and identities theories have an interdependent and symbiotic relationship that is critical to achieve social justice. Vulnerabilities analysis demands the state to explain and correct structural inequalities, while identities theories call for constructs and stereotypes to be confronted, challenged, and transformed in order to achieve justice and equality. An example of the value of both theoretical perspectives is in challenging, uncovering, and demanding action to end the subordination of black boys. Analyzing the situation of black boys, from birth to age eighteen, and the interaction they have with individuals, institutional structures, and culture leads to a conclusion that identity …

Go to article

Reclaiming Equality To Reframe Indigent Defense Reform, Lauren Sudeall Lucas Jan 2013

Reclaiming Equality To Reframe Indigent Defense Reform, Lauren Sudeall Lucas

Faculty Publications By Year

Equal access to resources is fundamental to meaningful legal representation, yet for decades, equality arguments have been ignored in litigating indigent defense reform. At a time when underfunded indigent defense systems across the country are failing to provide indigent defendants with adequate representation, the question of resources is even more critical. Traditionally, advocates seeking indigent defense reform have relied on Sixth Amendment arguments to protect the rights of indigents in this context; however, the Sixth Amendment approach suffers from a number of shortcomings that have made it a poor tool for systemic reform, including its exclusive focus on attorney performance …

Go to article

Constitutional Limitations On Closing The Gender Gap In Employment, Marcia L. Mccormick Jan 2013

Constitutional Limitations On Closing The Gender Gap In Employment, Marcia L. Mccormick

All Faculty Scholarship

Despite our country’s efforts to eliminate it, there remain pay and achievement gaps between men and women in the workplace. This article summarizes legal approaches to close the gap, constitutional developments that have slowed government’s power to address the inequality, worrisome trends in recent cases, and the implications of these. This article proposes a future of utilizing congress’s taxing power to address inequalities.

Go to article

Identifying (With) Disability: Using Film To Teach Employment Discrimination, Elizabeth Pendo Jan 2013

Identifying (With) Disability: Using Film To Teach Employment Discrimination, Elizabeth Pendo

All Faculty Scholarship

Building on a prior article about using film to teach health law, this Essay is intended to share my experience using the film Philadelphia as a method of enhancing coverage and discussion of the employment provisions of the Americans with Disabilities Act (ADA), and to provide an opportunity for recognition of, and identification with, the experiences of people with disabilities.

Go to article

The Changing Nature Of The Dominant Justifications That Legitimated The Oppression Of African-Americans In The United States, Kevin D. Brown Jan 2013

The Changing Nature Of The Dominant Justifications That Legitimated The Oppression Of African-Americans In The United States, Kevin D. Brown

Articles by Maurer Faculty

The original justifications for the oppression of both African–Americans in the United States and Dalits in India were drawn from the religious systems of thought of both societies. However, over the centuries, the basic justifications for the oppression of African–Americans changed, while the primary rationale for the oppression of Dalits still remains rooted in religion. This essay sketches out the dominant forms that made and continue to make the oppression of African–Americans appear to be part of the natural order of things. It shows how the primary justifications for the oppression of Blacks changed over time. In so doing, this …

Go to article

Invisible Histories & The Failure Of Protected Classes, Jill M. Fraley Jan 2013

Invisible Histories & The Failure Of Protected Classes, Jill M. Fraley

Scholarly Articles

Our legal history suggests that the evolution of our discrimination law has been and likely should be the continuing enumeration of protected classes. There is, however, a counter-intuitive problem: protecting specific groups suggests to the public that everyone else is fair game, providing implicit legitimacy to other harmful stereotypes. To illustrate this problem this article constructs the legal history of stereotypes and prejudicial acts against Appalachians, a marginalized group that does not fit neatly in the protected categories. Considering then how our courts have treated the relationship between stereotypes and discrimination, along with recent sociological evidence, this article suggests that …

Go to article

Of Civil Wrongs And Rights: Kiyemba V. Obama And The Meaning Of Freedom, Separation Of Powers, And The Rule Of Law Ten Years After 9/11, Katherine L. Vaughns, Heather L. Williams Jan 2013

Of Civil Wrongs And Rights: Kiyemba V. Obama And The Meaning Of Freedom, Separation Of Powers, And The Rule Of Law Ten Years After 9/11, Katherine L. Vaughns, Heather L. Williams

Faculty Scholarship

This article is about the rise and fall of continued adherence to the rule of law, proper application of the separation of powers doctrine, and the meaning of freedom for a group of seventeen Uighurs—a Turkic Muslim ethnic minority whose members reside in the Xinjiang province of China—who had been held at the Guantanamo Bay Naval Base since 2002. Most scholars regard the trilogy of Hamdi v. Rumsfeld, Hamdan v. Rumsfeld, and Boumediene v. Bush as demonstrating the Supreme Court’s willingness to uphold the rule of law during the war on terror. The recent experience of the Uighurs …

Go to article

The Aesthetics Of Affirmative Action, Brian Soucek Jan 2013

The Aesthetics Of Affirmative Action, Brian Soucek

Studio for Law and Culture

Justice Thomas’s dissent in Grutter v. Bollinger — which dismissed diversity as an “aesthetic” — highlighted the Supreme Court’s least-discussed rationale for affirmative action in higher education: the claim that visible diversity in elite institutions bolsters those institutions’ “perceived legitimacy.” This Article takes seriously that claim, and Thomas’s critique, as distinctively aesthetic arguments about the role of appearances in public life. By distinguishing the perceived legitimacy argument from others made on behalf of affirmative action, the Article traces for the first time its origins, scope, and unacknowledged popularity. By identifying the aesthetic logic of the Court's argument and drawing on …

Go to article

The Power To Destroy: Discriminatory Property Assessments And The Struggle For Tax Justice, Andrew W. Kahrl Jan 2013

The Power To Destroy: Discriminatory Property Assessments And The Struggle For Tax Justice, Andrew W. Kahrl

Studio for Law and Culture

High assessments on African American-owned land became a common, if often invisible, feature of Jim Crow governance. Discriminatory modes of property taxation served as a weapon of social control, an instrument of land speculation and redevelopment, and a vehicle for the unequal distribution of public services. This essay traces the strange career of the property tax from the period of Reconstruction to the age of Jim Crow, situating racial differentials in the assessment and collection of ad valorem taxes within the broader framework of white supremacist governance, and provides a case study of property tax discrimination in civil rights-era Mississippi. …

Go to article

Lincoln, The Emancipation Proclamation And Executive Power, Henry L. Chambers, Jr. Jan 2013

Lincoln, The Emancipation Proclamation And Executive Power, Henry L. Chambers, Jr.

Law Faculty Publications

This Essay explores whether President Lincoln's Emancipation Proclamation, freeing all slaves held in areas designated by the President to be under rebellion onJanuary 1, 1863, could be justified as an exercise of his power under the Take Care Clause. Part I of this Essay discusses the legislation that preceded the Emancipation Proclamation. Part II discusses the Emancipation Proclamation. Part III discusses the Take Care Clause and how it might authorize significant parts of the Emancipation Proclamation, if not the entire document.

Go to article

Promoting Language Access In The Legal Academy, Jayesh Rathod, Gillian Dutton, Beth Lyon, Deborah M. Weissman Jan 2013

Promoting Language Access In The Legal Academy, Jayesh Rathod, Gillian Dutton, Beth Lyon, Deborah M. Weissman

Scholarly Articles in Law Reviews & Journals

Since the 1960s, the United States government has paid increasing attention to the rights of language minorities and to the need for greater civic and political integration of these groups. With the passage of the Civil Rights Act of 1964, the issuance of Executive Orders, and intervention by the federal judiciary, progress has been made in the realm of language access. State and local courts have likewise taken steps (albeit imperfectly) to provide interpretation and translation assistance to Limited English Proficient persons. Most recently, responding to both lack of services and inconsistent practices, the American Bar Association has set out …

Go to article

According To Our Hearts And Location: Toward A Structuralist Approach To The Study Of Interracial Families, Robin A. Lenhardt Jan 2013

According To Our Hearts And Location: Toward A Structuralist Approach To The Study Of Interracial Families, Robin A. Lenhardt

Faculty Scholarship

This Article offers a review of Angela Onwuachi-Willig’s wonderful book, According to Our Hearts: Rhinelander v. Rhinelander and the Law of the Multiracial Family. Race scholars have begun to productively deploy structuralism to discuss cumulative racial disadvantage and the ongoing, racially segregative effects of government systems and policies.
of such systems on intimate choice and family formation. Likewise, some scholars have employed structuralism to explore how law shapes our intimate preferences and opportunities for intimate engagements.
 Still, scholars of this very exciting work have not yet engaged as fully as they might regarding questions of race. This Article contends that …

Go to article

State Speech And Political Liberalism, Abner S. Greene Jan 2013

State Speech And Political Liberalism, Abner S. Greene

Faculty Scholarship

Jim Fleming and Linda McClain have written an impressive book on the responsible exercise of rights, which flows from prior writing by each.Their title, "Ordered Liberty," is a bit of a misnomer, however. When one thinks of that phrase, one thinks of the ways in which we balance liberty against order, i.e., against security, police power, controlling the excesses of liberty. Responsibility in the exercise of rights is an aspect of how rights are orderly, but the major hard cases involving rights are hard because significant claims of harm are in play. Think of much of constitutional criminal procedure, free …

Go to article

Cold Comfort: Sec. 1983 As The Exclusive Damages Remedy For Violations Of Sec. 1918 By State Actors, Darlene Goring Jan 2013

Cold Comfort: Sec. 1983 As The Exclusive Damages Remedy For Violations Of Sec. 1918 By State Actors, Darlene Goring

All Scholarship

No abstract provided.

Go to article

How I Rode The Bus To Become A Professor At The University Of Denver Sturm College Of Law; Reflections On Keyes's Legacy For The Metropolitan, Post-Racial, And Multiracial Twenty-First Century, Tom I. Romero Ii Jan 2013

How I Rode The Bus To Become A Professor At The University Of Denver Sturm College Of Law; Reflections On Keyes's Legacy For The Metropolitan, Post-Racial, And Multiracial Twenty-First Century, Tom I. Romero Ii

Scholarly Works

No abstract provided.

Go to article

Deactivating Implanted Cardiac Devices: Euthanasia Or The Withdrawal Of Treatment?, David Orentlicher Jan 2013

Deactivating Implanted Cardiac Devices: Euthanasia Or The Withdrawal Of Treatment?, David Orentlicher

Scholarly Works

No abstract provided.

Go to article

Masculine Law Firms, Ann C. Mcginley Jan 2013

Masculine Law Firms, Ann C. Mcginley

Scholarly Works

This article describes the masculine culture in law firms and analyzes how this culture harms both men and women because of their gender. Part II explains MMT, and analyzes the masculine practices that exist in modern law firms. Part III studies a lawsuit brought by a law firm associate, a white male father of two who allegedly was fired in retaliation for taking leave under the Family Medical Leave Act and because of his failure to adhere to the macho stereotypes prevalent in the law firm. Part IV analyzes how the law should respond to masculine norms, and suggests that …

Go to article

Masculinity, Labor, And Sexual Power, Ann C. Mcginley Jan 2013

Masculinity, Labor, And Sexual Power, Ann C. Mcginley

Scholarly Works

This Essay focuses on gender and sexuality to analyze Hannah Rosin's thesis in the The End of Men. It relies in large part on feminist and masculinities theories to consider how men and women may both suffer gendered disadvantage. It looks specifically at Las Vegas, a market that is sexualized, in order to complicate Rosin's narrative, and to create a better understanding of what is happening in the U.S. workforce. While the Las Vegas market is not representative of markets across the country, it is economically and socially significant and, with the expansion of the casino and gaming industries …

Go to article

Blacks And Voting Rights In Nevada, Rachel J. Anderson Jan 2013

Blacks And Voting Rights In Nevada, Rachel J. Anderson

Scholarly Works

This article is a brief foray into black suffrage and equal rights in Nevada legal history. It is part of "A Special Series on African Americans in Nevada Politics - Past and Present" on pages 16-21 of the issue. Sources are on page 21 of the issue.

Go to article

Blacks In Nevada Elections, Rachel J. Anderson Jan 2013

Blacks In Nevada Elections, Rachel J. Anderson

Scholarly Works

This article is a snapshot of challenges, contributions, and achievements of African Americans in Nevada elections. It is part of "A Special Series on African Americans in Nevada Politics - Past and Present" on pages 16-21 of the issue.

Go to article

Blacks In The Nevada Legal Profession, Rachel J. Anderson Jan 2013

Blacks In The Nevada Legal Profession, Rachel J. Anderson

Scholarly Works

This article discusses the history of African-Americans in the Nevada legal profession. It is part of "A Special Series on African Americans in Nevada Politics - Past and Present" on pages 16-21 of the issue. Sources are on page 21 of the issue.

Go to article

'Baton Bullying': Understanding Multi-Aggressor Rotation In Anti-Harassment Cases, Kris Franklin Jan 2013

'Baton Bullying': Understanding Multi-Aggressor Rotation In Anti-Harassment Cases, Kris Franklin

Articles & Chapters

Schools are increasingly expected to intervene to prevent the sorts of bullying behavior that can interfere with education. If they do so inadequately, as a number of recent cases show, school districts may be held liable under Title IX for their “deliberate indifference” to harassment that effectively prevents the victim from receiving the benefits of public education. In popular imagination, “bullying” usually consists of one aggressor terrorizing one victim, sometimes with the assistance or tacit approval of other students. But least with respect to the many cases of students being targeted because they were, or were perceived to be, gay, …

Go to article

Unprotected Sex: The Pregnancy Discrimination Act At 35, Deborah L. Brake, Joanna L. Grossman Jan 2013

Unprotected Sex: The Pregnancy Discrimination Act At 35, Deborah L. Brake, Joanna L. Grossman

Faculty Journal Articles and Book Chapters

Thirty-five years ago, Congress passed the Pregnancy Discrimination Act to overturn a Supreme Court decision refusing to recognize pregnancy discrimination as a form of discrimination based on sex. Now, three and a half decades later, women whose work lives are impacted by pregnancy are again finding themselves unprotected from discrimination. Lower court rulings have eviscerated the Act’s protections at the same time that an expansion of worker rights under the Americans with Disabilities Act should redound to the benefit of pregnant women by expanding the pool of comparators who receive accommodations. By following trends in discrimination law generally - equating …

Go to article

Watching The Watchers, Ronald J. Bacigal Jan 2013

Watching The Watchers, Ronald J. Bacigal

Law Faculty Publications

This article focuses on the threat that increasingly sophisticated technology can pose to individual privacy. However, the author would like to provide the “yin to the yang” and point out the obvious: technology itself is not the culprit, because it is a double-edged sword, a tool that can be used to protect as well as invade privacy. We need not endorse the single-minded approach of WikiLeaks to recognize the benefits that occur when technology discloses government cover-ups or simply provides accurate information where none previously existed.

Go to article

The Cost Of Non-Compensable Workplace Harm, Henry L. Chambers, Jr. Jan 2013

The Cost Of Non-Compensable Workplace Harm, Henry L. Chambers, Jr.

Law Faculty Publications

This essay briefly addresses the limited fashion in which Title VII remedies sex discrimination in the workplace. Those limitations fall into three broad categories. The first encompasses how courts have applied procedural rules to Title VII claims. The second involves Title VII's explicit limitation on its coverage. The third includes substantive limitations that courts have placed on causes of action that are clearly covered by Title VII. This essay addresses those categories in turn.

Go to article

The High Cost Of The Nation's Current Framework For Education Federalism, Kimberly J. Robinson Jan 2013

The High Cost Of The Nation's Current Framework For Education Federalism, Kimberly J. Robinson

Law Faculty Publications

This Article will show the consistent ways that the current understanding of education federalism within the United States has hindered three of the major reform efforts to promote a more equitable distribution of educational opportunity: school desegregation, school finance litigation, and, most recently, NCLB. In exploring how education federalism has undermined these efforts, this Article adds to the understanding of other scholars who have critiqued these reforms and examined why the nation has failed to guarantee equal educational opportunity. For example, scholars have argued that the failure to undertake earnest efforts to achieve equal educational opportunity is caused by a …

Go to article

Civil Rights For The Twenty-First Century: Lessons From Justice Thurgood Marshall's Race-Transcending Jurisprudence, Sheryll Cashin Jan 2013

Civil Rights For The Twenty-First Century: Lessons From Justice Thurgood Marshall's Race-Transcending Jurisprudence, Sheryll Cashin

Georgetown Law Faculty Publications and Other Works

This Essay pays tribute to justice Thurgood Marshall's race-transcending vision of universal human dignity, and explores the importance of building cross-racial alliances to modern civil rights advocacy. justice Marshall's role as a "Race Man" is evident in much of his jurisprudence, where he fought for years to promote equal opportunity and equal justice. As an advocate for all marginalized people, justice Marshall viewed equal justice as transcending race, and this Essay suggests that the multi-racial coalition that supported President Obama aligns with Marshall's vision. The Essay evaluates the civil rights movement through the lens of Justice Marshall's equality analysis, and …

Go to article

Ruth Bader Ginsburg's Equal Protection Clause: 1970-80, Wendy Webster Williams Jan 2013

Ruth Bader Ginsburg's Equal Protection Clause: 1970-80, Wendy Webster Williams

Georgetown Law Faculty Publications and Other Works

Professor Ruth Bader Ginsburg of Columbia Law School was the leading Supreme Court litigator for gender equality in the crucial decade, 1970-80. In addition to teaching her classes, producing academic articles, and co-authoring the first casebook on sex discrimination and the law, she worked on some sixty cases (depending on how one counts), including over two dozen cases in the Supreme Court. Rumor has it she did not sleep for ten years; her prodigious output gives the rumor some credence. Her impact on the law during that critical decade earned her the title "the Thurgood Marshall of the women's movement" …

Go to article

First Prev Next Last