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Civil Rights and Discrimination Commons™
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Articles 301 - 330 of 682
Full-Text Articles in Civil Rights and Discrimination
Faculty Insights On Educational Diversity, Meera E. Deo
Faculty Insights On Educational Diversity, Meera E. Deo
Fordham Law Review
Twice in the past two years, the U.S. Supreme Court has approved educational diversity as a compelling state interest that justifies the use of race in higher education admissions decisions. Nevertheless, it remains on somewhat shaky ground. Over the past decade, the Court has emphasized that its acceptance of diversity stems from the expectation that a diverse student body will enhance the classroom environment, with students drawing on their diverse backgrounds during classroom conversations that ultimately bring the law to life. Yet, the Court provides no support for its assumption that admitting and enrolling diverse students actually result in these …
Critical Race Science And Critical Race Philosophy Of Science, Paul Gowder
Critical Race Science And Critical Race Philosophy Of Science, Paul Gowder
Fordham Law Review
Over several decades, feminist philosophy of science has revealed the ways in which much of science has proceeded from “mainstream” assumptions that privilege men and other hierarchically superordinate groups and existing socially constructed conceptions of gender. In doing so, it has produced a research program that, while rooted in the post- Kuhnian philosophy and sociology of science that has been taken up by many students of scientific method more generally, has been used to critique great swathes of modern science and to reveal both the biases of the mainstream, and the transformative potential of a science that proceeds from the …
Taking A Stand?: An Initial Assessment Of The Social And Racial Effects Of Recent Innovation In Self-Defense Laws, Mario L. Barnes
Taking A Stand?: An Initial Assessment Of The Social And Racial Effects Of Recent Innovation In Self-Defense Laws, Mario L. Barnes
Fordham Law Review
Perhaps, not surprisingly, the controversy over the rise of self-defense reforms in the United States that have come to be known as ―Stand Your Ground‖ (SYG) laws, began with a story about colors. This Article principally applies an empirical method and critical race theory (eCRT) lens to explore whether these reformed statutes, which generally have authorized greater use of force within the context of self-defense, deter crime and differentially affect Whites, Blacks, and other racial groups.
When Theory Met Practice: Distributional Analysis In Critical Criminal Law Theorizing, Aya Gruber
When Theory Met Practice: Distributional Analysis In Critical Criminal Law Theorizing, Aya Gruber
Fordham Law Review
Focusing on criminal law and procedure in particular, this Article seeks to expose various tensions in critical race theorizing and progressive theorizing more broadly, offer some suggestions for a unifying methodology of critical criminal law analysis, and discuss where empirical study might fit into this new program. Progressive (critical race and feminist) theorizing on criminal law is not only subject to the competing frames of critique and formalism, it also exists within an overarching American criminal law culture that can eclipse both concerns over rights violations and structural injustice. The U.S. penal system has become a “peculiar institution” and a …
Justice Shortchanged--Assigned Counsel Compensation In Wisconsin, Sixth Amendment Center, The Defender Initiative, Robert C. Boruchowitz, Fred T. Korematsu Center For Law And Equality
Justice Shortchanged--Assigned Counsel Compensation In Wisconsin, Sixth Amendment Center, The Defender Initiative, Robert C. Boruchowitz, Fred T. Korematsu Center For Law And Equality
Fred T. Korematsu Center for Law and Equality
Justice Shortchanged--Assigned Counsel Compensation in Wisconsin
Brief Of Amicus Curiae National Center For Lesbian Rights, Fred T. Korematsu Center For Law And Equality, And Prof. Julie Shapiro, Fred T. Korematsu Center For Law And Equality, Julie Shapiro
Brief Of Amicus Curiae National Center For Lesbian Rights, Fred T. Korematsu Center For Law And Equality, And Prof. Julie Shapiro, Fred T. Korematsu Center For Law And Equality, Julie Shapiro
Fred T. Korematsu Center for Law and Equality
In re Marriage of Black
The Civil Rights Act Of 1964 And "Legislating Morality": On Conscience, Prejudice, And Whether "Stateways" Can Change "Folkways", Linda C. Mcclain
The Civil Rights Act Of 1964 And "Legislating Morality": On Conscience, Prejudice, And Whether "Stateways" Can Change "Folkways", Linda C. Mcclain
Faculty Scholarship
Influential studies, from the 1940s and 1950s, of the problem of prejudice and how to remedy it challenged the famous assertion of nineteenth-century sociologist William Graham Sumner that “stateways don’t change folkways,” and its modern counterparts, “you cannot legislate against prejudice” or “you cannot legislate morality.” Social scientists countered that, although people might initially protest, they would welcome a federal antidiscrimination law that aligned with conscience and closed the gap between American ideals and prejudice, creating new “folkways.” Using examples from the contexts of public accommodations, education, and employment, this Article examines similar arguments made about conscience and “legislating morality” …
Supreme Court Argument On Same-Sex Marriage Clouds Predictions, Lauren Carasik
Supreme Court Argument On Same-Sex Marriage Clouds Predictions, Lauren Carasik
Media Presence
No abstract provided.
Memorandum Of Amici Curiae The Fred T. Korematsu Center For Law And Equality And The Center For Indian Law & Policy On The Timing Of A Post-Admission Judicial Hearing, Fred T. Korematsu Center For Law And Equality, Center For Indian Law And Policy
Memorandum Of Amici Curiae The Fred T. Korematsu Center For Law And Equality And The Center For Indian Law & Policy On The Timing Of A Post-Admission Judicial Hearing, Fred T. Korematsu Center For Law And Equality, Center For Indian Law And Policy
Fred T. Korematsu Center for Law and Equality
Native Village of Hooper Bay and Native Village of Kongiganak v. Lawton et al.
Cross-Racial Misidentification: A Call To Action In Washington State And Beyond, Taki V, Flevaris, Ellie F. Chapman
Cross-Racial Misidentification: A Call To Action In Washington State And Beyond, Taki V, Flevaris, Ellie F. Chapman
Seattle University Law Review
Research indicates eyewitness identifications are incorrect approximately one-third of the time in criminal investigations. For years, this phenomenon has significantly contributed to wrongful convictions all over the country, including in Washington State. But jurors, attorneys, and police remain unaware of the nature and extent of the problem and continue to give undue weight to eyewitness evidence. Experts have estimated that approximately 5,000–10,000 felony convictions in the United States each year are wrongful, and research suggests that approximately 75% of wrongful convictions involve eyewitness misidentification. The phenomenon of eyewitness misidentification is also amplified and most troublesome in the context of cross-racial …
A Presumption Of Disclosure: Towards Greater Transparency In Asylum Proceedings, Rose Linton
A Presumption Of Disclosure: Towards Greater Transparency In Asylum Proceedings, Rose Linton
Seattle University Law Review
Every day, Asylum Officers (AOs) and Immigration Judges (IJs) hear cases to determine if the asylum seeker has a genuine claim to protection under the Refugee Act, which prohibits returning a refugee to a country where her life or freedom is threatened due to race, religion, political opinion, nationality, or membership in a particular social group. AOs and IJs are aware that their decision may mean life or death for an asylum seeker. They are also aware that false claims are “distressingly common,” that unscrupulous attorneys and unauthorized practitioners of immigration law have perpetrated fraudulent asylum schemes, and that granting …
An “Equal Sovereignty” Principle Born In Northwest Austin, Texas, Raised In Shelby County, Alabama, David Kow
An “Equal Sovereignty” Principle Born In Northwest Austin, Texas, Raised In Shelby County, Alabama, David Kow
Journal of Race, Gender, and Ethnicity
No abstract provided.
The Path Forward From Shelby County V. Holder, Janet W. Steverson
The Path Forward From Shelby County V. Holder, Janet W. Steverson
Journal of Race, Gender, and Ethnicity
No abstract provided.
An Assessment Of Affirmative Action In Business, Jordan A. Kennedy
An Assessment Of Affirmative Action In Business, Jordan A. Kennedy
Honors Scholar Theses
Affirmative action has become an inevitable aspect of the employment hiring process. It has been put into place to assist in eradicating the institutionalized discrimination that inherently exists in such practices. On the surface, affirmative action may appear to be something that is beneficial to both the hiring institution and the individual; it seems to be a win-win situation because the business is creating a more diverse workplace and the individual is getting a job that they desired. However, the way that affirmative action is practiced may prevent its overall effectiveness. For example, there are several fundamental flaws with this …
Law, Religious Change, And Samesex Marriage Posted On, Nathan B. Oman
Law, Religious Change, And Samesex Marriage Posted On, Nathan B. Oman
Popular Media
No abstract provided.
Winthrop University Students Unite For Black Lives, All Lives, Wendrah M. Mccoy
Winthrop University Students Unite For Black Lives, All Lives, Wendrah M. Mccoy
Showcase of Undergraduate Research and Creative Endeavors (SOURCE)
The purpose of this project was to research and compose a soft news story that conveyed the emotions of Winthrop University students who protested during a die-in and injustice march on December 9, 2014. They were demonstrating solidarity with those who protested after two officers were not indicted for killing unarmed black males Michael Brown and Eric Garner. Primary research was conducted through recorded observations of the demonstrations and interviews with the protesters. Facts and statistics were obtained from secondary sources, such as the NAACP website and news sources, such as USA Today. About 100 students of diverse races, …
Grandpa, Charles Walker
Arc Of Injustice: Pre- And Post-Decision Thoughts On Shelby County V. Holder, Janai S. Nelson
Arc Of Injustice: Pre- And Post-Decision Thoughts On Shelby County V. Holder, Janai S. Nelson
Journal of Race, Gender, and Ethnicity
No abstract provided.
A Fugitive From The Camp Of The Conquerors: The Revival Of Equal Sovereignty Doctrine In Shelby County V. Holder, Vik Kanwar
Journal of Race, Gender, and Ethnicity
No abstract provided.
On The Repeal Of The Voting Rights Act And The Breadth Of The Long Counter Revolution, Ifetayo M. Flannery
On The Repeal Of The Voting Rights Act And The Breadth Of The Long Counter Revolution, Ifetayo M. Flannery
Journal of Race, Gender, and Ethnicity
No abstract provided.
Backsliding: The United States Supreme Court, Shelby County V. Holder And The Dismantling Of Voting Rights Act Of 1965, Bridgette Baldwin
Backsliding: The United States Supreme Court, Shelby County V. Holder And The Dismantling Of Voting Rights Act Of 1965, Bridgette Baldwin
Journal of Race, Gender, and Ethnicity
No abstract provided.
The Post-Shelby County Game, Steven R. Morrison
The Post-Shelby County Game, Steven R. Morrison
Journal of Race, Gender, and Ethnicity
No abstract provided.
After Nfib V. Sebelius, When Does The Cost Of Voting Become An Illegal Poll Tax?, Andre L. Smith
After Nfib V. Sebelius, When Does The Cost Of Voting Become An Illegal Poll Tax?, Andre L. Smith
Journal of Race, Gender, and Ethnicity
No abstract provided.
Toward A Fundamental Right To Evade Law? The Rule Of Power In Shelby County And State Farm, Martha T. Mccluskey
Toward A Fundamental Right To Evade Law? The Rule Of Power In Shelby County And State Farm, Martha T. Mccluskey
Journal of Race, Gender, and Ethnicity
No abstract provided.
Unmistakably Clear: Human Rights, The Right To Representation, And Remedial Voting Rights Of People Of Color, Matthew H. Charity
Unmistakably Clear: Human Rights, The Right To Representation, And Remedial Voting Rights Of People Of Color, Matthew H. Charity
Journal of Race, Gender, and Ethnicity
No abstract provided.
The Blinding Color Of Race: Elections And Democracy In The Post-Shelby County Era, Sahar F. Aziz
The Blinding Color Of Race: Elections And Democracy In The Post-Shelby County Era, Sahar F. Aziz
Journal of Race, Gender, and Ethnicity
No abstract provided.
One Step Forward, Two Steps Backward: How The Supreme Court’S Decision In Shelby County V. Holder Eviscerated The Voting Rights Act And What Civil Rights Advocates Should Do About It, Pamela Edwards
Journal of Race, Gender, and Ethnicity
No abstract provided.
Unseen Exclusions In Voting And Immigration Law, César Cuauhtémoc García Hernández
Unseen Exclusions In Voting And Immigration Law, César Cuauhtémoc García Hernández
Journal of Race, Gender, and Ethnicity
No abstract provided.
Shelby, Race, And Disability Rights, Ravi Malhotra
Shelby, Race, And Disability Rights, Ravi Malhotra
Journal of Race, Gender, and Ethnicity
No abstract provided.
Preferential Judicial Activism, Sudha Setty
Preferential Judicial Activism, Sudha Setty
Journal of Race, Gender, and Ethnicity
No abstract provided.