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

Civil Rights and Discrimination Commons™

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

2015

Discipline
Institution
Keyword
Publication
Publication Type

Articles 541 - 570 of 682

Full-Text Articles in Civil Rights and Discrimination

Speaker Discrimination: The Next Frontier Of Free Speech, Michael Kagan Jan 2015

Speaker Discrimination: The Next Frontier Of Free Speech, Michael Kagan

Scholarly Works

Citizens United v. FEC articulated a new pillar of free speech doctrine that is independent from the well-known controversies about corporate personhood and the role of money in elections. For the first time, the Supreme Court clearly said that discrimination on the basis of the identity of the speaker offends the First Amendment. Previously, the focus of free speech doctrine had been on the content and forum of speech, not on the identity of the speaker. This new doctrine has the potential to reshape free speech law far beyond the corporate speech and campaign finance contexts. This article explores the …


Still Fighting After All These Years: Minority Voting Rights 50 Years After The March On Washington, Deborah N. Archer Jan 2015

Still Fighting After All These Years: Minority Voting Rights 50 Years After The March On Washington, Deborah N. Archer

Articles & Chapters

No abstract provided.


Canada Tracks Disability Rights: A Drpi Model Of Systemic Monitoring, Roxanne Mykitiuk, Yvonne Peters Jan 2015

Canada Tracks Disability Rights: A Drpi Model Of Systemic Monitoring, Roxanne Mykitiuk, Yvonne Peters

Articles & Book Chapters

This chapter surveys laws and policies in Canada that affect the rights of persons with disabilities. It does so as part of a broader project on international disability rights monitoring and is guided by DRPI's National Law and Policy Monitoring Template (2008). The template is based on the Convention on the Rights of Persons with Disabilities (CRPD) and other international instruments. The template's purpose is "to monitor human rights for people with disabilities at the systemic level, that is, at the level of existing laws, policies, and programs," and to "identify and draw attention to the most critical gaps and …


Introduction: War Measures And The Repression Of Radicalism, 1914-1939, Barry Wright, Eric Tucker, Susan Binnie Jan 2015

Introduction: War Measures And The Repression Of Radicalism, 1914-1939, Barry Wright, Eric Tucker, Susan Binnie

Articles & Book Chapters

This fourth volume in the Canadian State Trials series, Security, Dissent, and the Limits of Toleration in War and Peace, 1914–1939, brings readers to the period of the First World War and the inter-war years. it follows an approach similar to that of others in the series. the central concern remains the legal responses of Canadian governments to real and perceived threats to the security of the state. the aim is to provide a representative and relatively comprehensive examination of Canadian experiences with these matters, placed in broader historical and comparative context.


The Road To Prison Is Paved With Bad Evaluations: The Case For Functional Behavioral Assessments And Behavior Intervention Plans, Stephanie M. Poucher Jan 2015

The Road To Prison Is Paved With Bad Evaluations: The Case For Functional Behavioral Assessments And Behavior Intervention Plans, Stephanie M. Poucher

American University Law Review

No abstract provided.


Gender Equity In The 21st Century: Keynote Address, Chai Feldblum Jan 2015

Gender Equity In The 21st Century: Keynote Address, Chai Feldblum

Richmond Public Interest Law Review

You have heard a lot this morning about the need in 1964 for Congress to enact prohibitions against discrimination on the basis of race, national origin and religion. I am going to use my time, therefore, to talk about gender equity: the addition of the sex discrimination prohibition in Title VII, the advances that have occurred since passage of that law, and the miles that we still have to go to achieve full gender equity.


Modern Sappers And Miners: The Rehnquist And Roberts Courts And The Civil Rights Act Of 1964, Jonathan K. Stubbs Jan 2015

Modern Sappers And Miners: The Rehnquist And Roberts Courts And The Civil Rights Act Of 1964, Jonathan K. Stubbs

Richmond Public Interest Law Review

this article is organized as follows. To orient readers on what is at stake, Section I provides a brief overview of the substantive provisions of the Civil Rights Act of 1964. Section II considers reasons why the Act was premised on Congress' Commerce Clause authority rather than the enforcement power that the Constitution confers upon Congress under the Thirteenth and Fourteenth Amendments. Section III evaluates several recent Supreme Court decisions that give the Commerce Clause a restrictive interpretation. For illustrative purposes, this section explores the impact on Title Two of the Act. Finally, the article closes with a few observations …


To End Divisions: Reflections On The Civil Rights Act Of 1964, Dr. Julian Maxwell Hayter Jan 2015

To End Divisions: Reflections On The Civil Rights Act Of 1964, Dr. Julian Maxwell Hayter

Richmond Public Interest Law Review

By focusing on a number of the CRA's key titles - without belittling the act's importance to Latinos, women, et al.- this commentary illustrates how the act moved beyond eliminating segregation; it addresses how the racial climate of the early 1960s shaped public policy. Broadly, the Civil Rights Act of 1964 sought to change the balance of racial (and genderbased) power in the America by using federal law to finally protect African Americans' right to live equal lives. After 1964, for the first time since Reconstruction, race was national policy agenda. This agenda and the Civil Rights Act of 1964 …


Public Hazard, Personal Peril: The Impact Of Non-Governmental Organizations In The Environmental Justice Movement, Andrea Y. Simpson Jan 2015

Public Hazard, Personal Peril: The Impact Of Non-Governmental Organizations In The Environmental Justice Movement, Andrea Y. Simpson

Richmond Public Interest Law Review

This article argues that the local emphasis of what I call micromovements that form the larger Environmental Justice Movement could gain more traction from relationships with Non-Governmental Organizations. Such partnerships are emerging on a national level; however, since the localized movements communicate with, but are not partners with, national organizations such as the National Black Environmental Network, it is unclear how such partnerships add value to the activities of local groups. Moreover, some partnerships are forged for the organization of a specific event such as a conference or working group study Part II of this article discusses an overview of …


Infiltration Or Immigration: The Legality Of Israeli Immigration Policy Regarding African Asylum Seekers, Eliott Rimon Jan 2015

Infiltration Or Immigration: The Legality Of Israeli Immigration Policy Regarding African Asylum Seekers, Eliott Rimon

Cardozo Journal of International and Comparative Law

The note argues that while Israel has the right to control migration from Africa, its current legal framework for handling refugees and asylum seekers is inadequate and often unconstitutional. It calls for legislative reforms to ensure a just and systematic approach that balances national security with human rights, emphasizing the need for international cooperation to share the refugee burden.


A Deer In Headlights: The Supreme Court, Lgbt Rights, And Equal Protection, Nan D. Hunter Jan 2015

A Deer In Headlights: The Supreme Court, Lgbt Rights, And Equal Protection, Nan D. Hunter

Georgetown Law Faculty Publications and Other Works

In this essay, I argue that the problems with how courts apply Equal Protection principles to classifications not already recognized as suspect reach beyond the most immediate example of sexual orientation. Three structural weaknesses drive the juridical reluctance to bring coherence to this body of law: two doctrinal and one theoretical. The first doctrinal problem is that the socio-political assumptions that the 1938 Supreme Court relied on in United States v. Carolene Products, Inc. to justify strict scrutiny for “discrete and insular minorities” have lost their validity. In part because of Roe v. Wade-induced PTSD, the courts have …


"Seg Academies," Taxes, And Judge Ginsburg, Stephen B. Cohen Jan 2015

"Seg Academies," Taxes, And Judge Ginsburg, Stephen B. Cohen

Georgetown Law Faculty Publications and Other Works

This essay recounts the historical, political, and legal context in which Judge Ginsburg’s ruling in the Wright case arose. This context explains the importance of her decision to the battle against segregated education and highlights as well the repeated efforts of powerful political forces, including the Reagan administration and congressional conservatives, to cripple efforts to prohibit racially discriminatory private schools from receiving federal subsidies through the tax system. This essay also aims to highlight Wright’s place in the modern doctrine of educational discrimination.


Moving Forward, Looking Back: A Retrospective On Sexual Harassment Law, Joanna L. Grossman Jan 2015

Moving Forward, Looking Back: A Retrospective On Sexual Harassment Law, Joanna L. Grossman

Faculty Journal Articles and Book Chapters

The fiftieth anniversary of Title VII provides an appropriate occasion to look back to an era when women suffered sexual abuse in the workplace (and many other places) with no possible recourse. Once feminist writers and litigators connected the dots, judges came to understand that a broad mandate to end sex discrimination had to include a mandate to eliminate sexual harassment at work. The decades that followed saw the step-by-step construction of a doctrine that ostensibly protects employees from unwanted sexual behavior at work.

In this symposium issue the author examines the impact of sexual harassment law citing several court …


Loving V. Virginia As A Civil Rights Decision, Dorothy E. Roberts Jan 2015

Loving V. Virginia As A Civil Rights Decision, Dorothy E. Roberts

NYLS Law Review

No abstract provided.


An “Idea” To Consider: Adopting A Uniform Test To Evaluate Compliance With The Idea’S Least Restrictive Environment Mandate, Sarah Prager Jan 2015

An “Idea” To Consider: Adopting A Uniform Test To Evaluate Compliance With The Idea’S Least Restrictive Environment Mandate, Sarah Prager

NYLS Law Review

No abstract provided.


Table Of Contents, Public Interest Law Reporter Jan 2015

Table Of Contents, Public Interest Law Reporter

Public Interest Law Reporter

No abstract provided.


The Vaccination Debate: From The Playground To The Courtroom, Michelle Corda Jan 2015

The Vaccination Debate: From The Playground To The Courtroom, Michelle Corda

Public Interest Law Reporter

No abstract provided.


"Reparations Now!": Municipal Reparations, International Tribunals, And The Chicago Torture Justice Memorials Campaign, Nickolas Kaplan Jan 2015

"Reparations Now!": Municipal Reparations, International Tribunals, And The Chicago Torture Justice Memorials Campaign, Nickolas Kaplan

Public Interest Law Reporter

No abstract provided.


Does America Care About Mental Health Care?, Zainab Mehkeri Jan 2015

Does America Care About Mental Health Care?, Zainab Mehkeri

Public Interest Law Reporter

No abstract provided.


Coop Businesses: Ownership For The Disowned, Tyler Gurss Jan 2015

Coop Businesses: Ownership For The Disowned, Tyler Gurss

Public Interest Law Reporter

No abstract provided.


Congress Addresses Federally-Funded Animal Research Lab, Angela Sukurs Jan 2015

Congress Addresses Federally-Funded Animal Research Lab, Angela Sukurs

Public Interest Law Reporter

No abstract provided.


The Future Of United States "Wet Foot-Dry Foot" Policy For Cuban Immigration, Elizabeth Hanford Jan 2015

The Future Of United States "Wet Foot-Dry Foot" Policy For Cuban Immigration, Elizabeth Hanford

Public Interest Law Reporter

No abstract provided.


Table Of Contents, Public Interest Law Reporter Jan 2015

Table Of Contents, Public Interest Law Reporter

Public Interest Law Reporter

No abstract provided.


Lawyers Represent Clients ... Or Do They?, Alan Mills Jan 2015

Lawyers Represent Clients ... Or Do They?, Alan Mills

Public Interest Law Reporter

In most cases, lawyers file cases on behalf of clients. However, lawyers do not-get to make substantive decisions about the cases we work on; our clients do. Illinois Rule of Professional Conduct 1.2 makes this clear: [A] lawyer shall abide by a client's decisions concerning the objectives of representation and .. . Shall consult with the client as to the means by which they are to be pursued. But what happens in a class action lawsuit? Once a class is certified, lawyers represent both named plaintiffs and every member of the class. What happens when there is a conflict between …


Making Higher Education An Option: Taking A Look At The Chicago Support System For Undocumented High School Students, Martha Laura Garcia Jan 2015

Making Higher Education An Option: Taking A Look At The Chicago Support System For Undocumented High School Students, Martha Laura Garcia

Public Interest Law Reporter

From the injunction on the President's Executive Action to expand the current immigration policies to the current language presidential candidates have used when speaking about immigration reform, immigrants have more than enough reasons to feel uneasy about their future in this country. All is not bad, however, especially for undocumented students. Cities like Chicago, a city of immigrants, are making great strides to create welcoming and supportive communities for immigrants. Compared to other U.S. cities, Chicago is very immigrant-friendly, with people working across the city to provide support for undocumented students and ensure that they have access to higher education. …


Polling Stations Not Up To Ada Standards Prevent Voting, Bethany Dixon Jan 2015

Polling Stations Not Up To Ada Standards Prevent Voting, Bethany Dixon

Public Interest Law Reporter

No abstract provided.


Finding Common Ground: Exploring Whether Gentrification And Public Housing Can Co-Exist, Adrien Fernandez Jan 2015

Finding Common Ground: Exploring Whether Gentrification And Public Housing Can Co-Exist, Adrien Fernandez

Public Interest Law Reporter

No abstract provided.


State Budget Cuts Cause Disproportional Impact On Minorities, Women, And Immigrants, Ji Hwang Jan 2015

State Budget Cuts Cause Disproportional Impact On Minorities, Women, And Immigrants, Ji Hwang

Public Interest Law Reporter

No abstract provided.


Who's In The Sights: Fighting The Illegal Effects Of Legal Gun Ownership In Chicago, Sarah Nagy Jan 2015

Who's In The Sights: Fighting The Illegal Effects Of Legal Gun Ownership In Chicago, Sarah Nagy

Public Interest Law Reporter

No abstract provided.


Should Transgender Men And Women Be Allowed To Get Sex Reassignment Surgery While Incarcerated?, Keimer Raymond Jan 2015

Should Transgender Men And Women Be Allowed To Get Sex Reassignment Surgery While Incarcerated?, Keimer Raymond

Public Interest Law Reporter

No abstract provided.