Civil Rights and Discrimination Commons^™

Toward More Equal Access To Justice: The Tennessee Experience, Douglas A. Blaze, R. Brad Morgan

Scholarly Works

No abstract provided.

Projecting Diversity: The Methods, Results, Assumptions And Limitations Fo The U.S. Census Bureau's Population Projections, Howard Hogan, Jennifer M. Ortman, Sandra L. Colby

West Virginia Law Review

No abstract provided.

Seen But Not Recognized: Black Caregivers, Childhood Cruelties, And Social Dislocations In An Increasingly Colored America, Reginald Leamon Robinson

West Virginia Law Review

No abstract provided.

Identity Property: Protecting The New Ip In A Race-Relevant World, Philip Lee

West Virginia Law Review

No abstract provided.

The Ghosts Of White Supremacy: Trayvon Martin, Michael Brown, And The Spectors Of Black Criminality, Nick J. Sciullo

West Virginia Law Review

No abstract provided.

A Dry Hate: White Supremacy And Anti-Immigrant Rhetoric In The Humanitarian Crisis On The U.S.-Mexico Border, Kristina M. Campbell

West Virginia Law Review

No abstract provided.

Moving From Carolene To The Commerce Clause: A New Approach To Race For The New American Future, Nareissa L. Smith

West Virginia Law Review

No abstract provided.

Coping With A New "Yellow Peril": Japanese Immigration, The Gentleman's Agreement, And The Coming Of World War Ii, Paul Finkelman

West Virginia Law Review

No abstract provided.

The Constitution, Desegregation, And Public Opinion: Swan V. Charlotte-Mechlenburg Board Of Educationi, James L. Hunt

North Carolina Central Law Review

No abstract provided.

Functionally Suspect: Reconceptualizing "Race" As A Suspect Classification, Lauren Sudeall Lucas

Faculty Publications By Year

In the context of equal protection doctrine, race has become untethered from the criteria underlying its demarcation as a classification warranting heightened scrutiny. As a result, it is no longer an effective vehicle for challenging the existing social and political order; instead, its primary purpose under current doctrine is to signal the presence of an impermissible basis for differential treatment.

This Symposium Article suggests that, to more effectively serve its underlying normative goals, equal protection should prohibit not discrimination based on race per se, but government actions that implicate the concerns leading to race’s designation as a suspect classification. For …

The Limits Of Federal Disability Law: State Educational Voucher Programs, Wendy Hensel

Faculty Publications By Year

The U.S. Department of Justice is currently investigating the state of Wisconsin with respect to its administration of the Milwaukee Parental Choice Program (MPCP), which provides low-income students with public money to attend private schools. Faced with complaints of disability discrimination by private schools accepting voucher students, DOJ has ordered Wisconsin to oversee and police these schools to ensure compliance with Title II of the Americans with Disabilities Act, which applies to states and their agencies, and § 504 of the Rehabilitation Act, which applies to recipients of federal funding. Although conditioning its directive on the state's coverage under these …

Difference Blindness Vs. Bias Awareness: Why Law Firms With The Best Of Intentions Have Failed To Create Diverse Partnerships, Russell G. Pearce, Eli Wald, Swethaa S. Ballakrishnen

Fordham Law Review

    This Article uses the example of BigLaw firms to explore the challenges that many elite organizations face in providing equal opportunity to their workers. Despite good intentions and the investment of significant resources, large law firms have been consistently unable to deliver diverse partnership structures—especially in more senior positions of power. Building on implicit and institutional bias scholarship and on successful approaches described in the organizational behavior literature, we argue that a significant barrier to systemic diversity at the law firm partnership level has been, paradoxically, the insistence on difference blindness standards that seek to evaluate each person on their …

How Diversity Can Redeem The Mcdonnell Douglas Standard: Mounting An Effective Title Vii Defense Of The Commitment To Diversity In The Legal Profession, Stacy Hawkins

Fordham Law Review

    This Article undertakes an analysis, both quantitative and qualitative, of the developing body of Title VII diversity law. The jurisprudence of diversity was first developed by the U.S. Supreme Court in equal protection cases, but it has not been confined to that context. In particular, lower federal courts have been adjudicating cases asserting an interest in diversity as a means of challenging or justifying race/ethnicity- or gender-conscious policies and/or practices under Title VII. These cases have given rise to a body of Title VII diversity law that has remained largely unexplored in the scholarly literature. Because these cases have gone …

When I Want Your Opinion, I'Ll Give It To You: How Governments Support The Indigenous Right To Consultation In Theory, But Not In Practice, Laura M. Seelau, Ryan Seelau

Cardozo Journal of International and Comparative Law

The article examines the gap between the legal framework protecting indigenous rights and its practical implementation, focusing on Chile's failure to uphold the right to consultation under ILO Convention 169. Despite having robust laws, including the Indigenous Law (No. 19.253) and the incorporation of Convention 169 into its Constitution, Chile's judiciary and government often misunderstand the timing and scope of consultation, undermining the effectiveness of indigenous rights. The case of the Atacameño people highlights how the denial of early consultation in geothermal exploration concessions jeopardizes indigenous property, natural resources, and water rights, demonstrating the need for clearer legal standards and …

Foreword: Diversity In The Legal Profession: A Comparative Perspective, Deborah L. Rhode

Fordham Law Review

    In principle, the legal profession in the United States and United Kingdom is deeply committed to diversity and inclusion. In practice, it lags behind. This colloquium explores what stands in the way. Leading scholars from both countries look at the gap between aspirations and achievement, and suggest some concrete strategies for change.

Shaping Diversity And Inclusion Policy With Research, Julie Ashdown

Fordham Law Review

    The legal profession in England and Wales is perceived as pale, male, and stale (that is, white, male, and older), but is that actually the case? And, if it is, what could or should a representative body like the Law Society do about it? This Article considers the situation from the perspective of solicitors. It reviews the research that the Law Society has commissioned over the last twenty years and how the findings have impacted policymaking. This Article looks at the main initiatives resulting from the research and considers whether they have made a difference and what the continuing challenges …

Busy Doing Nothing: An Exploration Of The Disconnect Between Gender Equity Issues Faced By Large Law Firms In The United Kingdom And The Diversity Management Initiatives Devised To Address Them, Savita Kumra

Fordham Law Review

    The Article has three parts: the first reviews the data showing women’s increased participation in the legal sector and assesses why increased participation has not led to inclusion at senior levels. The main barriers are macro and micro processes of social reproduction, poor access to mentors and influential business networks, and gender bias in society at large.

    In the second part, the response by large law firms is assessed. This has largely consisted of “business case” approaches to diversity management. The key characteristics of these approaches are presented, as is an overview of key practices adopted by large law firms. …

Going Public: Diversity Disclosures By Large U.K. Law Firms, Steven Vaughan

Fordham Law Review

    The Legal Services Board (LSB) has been the parent regulator of legal services in England and Wales since 2009. Born of the wide-ranging reforms introduced by the Legal Services Act 2007 (LSA), the LSB is tasked with promoting the regulatory objectives contained within the LSA, including “encouraging an independent, strong, diverse and effective legal profession.” In July 2011, the LSB introduced a rule requiring the collection of data on workforce diversity and the publication of that data by the legal profession. This was the first—and indeed, is the only—direct regulatory intervention taken with regard to diversity in the legal profession. …

Legal Professional De(Re)Regulation, Equality, And Inclusion, And The Contested Space Of Professionalism Within The Legal Market In England And Wales, Lisa Webley

Fordham Law Review

    This Article aims to examine equality and inclusion in legal services from the perspectives of would-be lawyers and would-be clients. It begins by examining the state and solicitors’ changing relationship regarding access to justice, professional independence, and the rule of law. It then considers the changes that the LSA 2007 wrought, and whether this neoliberal turn can deliver equality and inclusion within the profession and by the profession for those seeking redress with legal help. It also explores whether de(re)regulation may be altering the legal profession(s)’s ability to act as gatekeeper to the profession(s) and whether this too may have …

Bicultural Experience In The Legal Profession: A Developmental Network Approach, Jonathan Ashong-Lamptey

Fordham Law Review

    A developmental network refers to the egocentric network of individuals who take an active interest in and concerted actions toward advancing a protégé’s career. In Part I of this Article, I draw upon the literature to outline the lived experiences of black lawyers, highlighting the need for them to manage their working identity. In Part II, I further develop bicultural experience as a construct for exploring racial minority experience in a professional context with recent developments from the acculturation literature. In Part III, I introduce the developmental network as a vehicle for understanding developmental relationships. Part IV summarizes the methodology …

Diversity In The Legal Profession: Perspectives From Managing Partners And General Counsel, Deborah L. Rhode, Lucy Buford Ricca

Fordham Law Review

    Within the American legal profession, diversity is widely embraced in principle but seldom realized in practice. Women and minorities are grossly underrepresented at the top and overrepresented at the bottom. What accounts for this disparity and what can be done to address it are the subjects of this Article. It provides the first comprehensive portrait of the problem from the vantage of leaders of the nation’s largest legal organizations. Through their perspectives, this Article seeks to identify best practices for diversity in law firms and in-house legal departments, as well as the obstacles standing in the way.

    Part I begins …

Biglaw Identity Capital: Pink And Blue, Black And White, Eli Wald

Fordham Law Review

    This Article advances a new capital analysis, depicting BigLaw relationships not as basic labor-salary exchanges but rather as complex transactions in which BigLaw and its lawyers exchange labor and various forms of capital—social, cultural, and identity. Unlike the traditional Tournament Theory model, in which BigLaw and its lawyers come across as near hopeless pawns powerless to combat vicious exogenous societal forces outside of their control, the proposed capital model conceives of BigLaw and its lawyers as active players who are very much responsible for the outcomes of their exchanges. Moreover, exactly because the capital model describes the underrepresentation of diverse …

Race And Rapport: Homophily And Racial Disadvantage In Large Law Firms, Kevin Woodson

Fordham Law Review

    This Article calls attention to a different, heretofore unacknowledged source of racial disadvantage in these firms, one that is neither dependent upon these inferences of racial bias, nor incompatible with them. Cultural homophily, the tendency of people to develop rapport and relationships with others on the basis of shared interests and experiences, profoundly and often determinatively disadvantages many black attorneys in America’s largest law firms. Although not intrinsically racial, cultural homophily has decidedly racial consequences in this context because of the profound social and cultural distance that separates black and white Americans, evident in pronounced racial patterns in a wide …

Reproduction And The Rule Of Law In Latin America, Michele Goodwin, Allison M. Whelan

Fordham Law Review

    When Carmen Guadalupe Vasquez was rushed to [the] hospital after giving birth to a stillborn baby boy, the doctors first treated her life-threatening bleeding and then called the police, who handcuffed her to the bed. In El Salvador, where all abortion is illegal and emergency wards are turned into crime scenes, the confused, weak, and desperately ill 18-yearold maid was placed under investigation for terminating her pregnancy and driven away in a police van.

Democracy And The Other: The Inverse Relationship Between Majority Rule And A Heterogeneous Citizenry, Franciska A. Coleman

West Virginia Law Review

No abstract provided.

The Civil Rights Of Sexually Exploited Youth In Foster Care, Dale Margolin Cecka

West Virginia Law Review

No abstract provided.

An Analysis Of The Legal And Practical Implications Of The Potential Increased Participation In Jury Service By Racial Minorities In The U.S. Criminal Justice System, Brian Keith Leonard

West Virginia Law Review

No abstract provided.

Functionally Suspect: Reconceptualizing 'Race' As A Suspect Classification, Lauren Sudeall

Vanderbilt Law School Faculty Publications

In the context of equal protection doctrine, race has become untethered from the criteria underlying its demarcation as a classification warranting heightened scrutiny. As a result, it is no longer an effective vehicle for challenging the existing social and political order; instead, its primary purpose under current doctrine is to signal the presence of an impermissible basis for differential treatment. This Symposium Article suggests that, to more effectively serve its underlying normative goals, equal protection should prohibit not discrimination based on race per se, but government actions that implicate the concerns leading to race’s designation as a suspect classification. For …

The Need For A Law Of Church And Market, Nathan B. Oman

Faculty Publications

This Essay uses Helfand and Richman’s fine article to raise the question of the law of church and market. In Part I, I argue that the question of religion’s proper relationship to the market is more than simply another aspect of the church-state debates. Rather, it is a topic deserving explicit reflection in its own right. In Part II, I argue that Helfand and Richman demonstrate the danger of creating the law of church and market by accident. Courts and legislators do this when they resolve questions religious commerce poses by applying legal theories developed without any thought for the …

The Disability-Employability Divide: Bottlenecks To Equal Opprotunity, Bradley A. Areheart, Michael Ashley Stein

Michigan Law Review

Equal opportunity might appear to comprise a relatively simple question: Do similarly situated persons have an equal chance to attain a particular goal, or do obstacles irrelevant to their qualifications or to the desired goal preclude achievement? But equal opportunity is complicated.1 There are descriptive and prescriptive dimensions to this question. Nuances exist when determining who is similarly situated, whether those individuals have the same opportunity, what goals we care about equalizing, and whether the ultimate aspiration is equality of opportunity or equality of outcome. Moreover, what means should we employ to remove obstacles, are these means likely to be …