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Civil Rights and Discrimination Commons™

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2016

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Articles 481 - 510 of 567

Full-Text Articles in Civil Rights and Discrimination

Bakke To The Future: Affirmative Action After Fisher, Yuvraj Joshi Jan 2016

Bakke To The Future: Affirmative Action After Fisher, Yuvraj Joshi

Faculty Scholarship

No abstract provided.

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Missing The 'Target': Preventing The Unjust Inclusion Of Vulnerable Children For Medical Research Studies, Ruqaiijah Yearby Jan 2016

Missing The 'Target': Preventing The Unjust Inclusion Of Vulnerable Children For Medical Research Studies, Ruqaiijah Yearby

All Faculty Scholarship

The central purpose of medical research on children is to generate new knowledge that can improve children’s health, subject to ethical standards that promote justice. Incorporated in U.S. law, international law, and European Union law, the Justice Principle prohibits targeting in medical research, which is the selection of research subjects because of their manipulability and compromised position, rather than for reasons directly related to the problem being studied. Unfortunately, medical research studies involving children have too often violated the Justice Principle, by targeting children in a compromised position due to their health status and vulnerable to manipulability because of their …

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Measuring Older Adult Confidence In The Courts And Law Enforcement, Joseph A. Hamm, Lindsey E. Wylie, Eve M. Brank Jan 2016

Measuring Older Adult Confidence In The Courts And Law Enforcement, Joseph A. Hamm, Lindsey E. Wylie, Eve M. Brank

Department of Psychology: Faculty Publications

Older adults are an increasingly relevant subpopulation for criminal justice policy but, as yet, are largely neglected in the relevant research. The current research addresses this by reporting on a psychometric evaluation of a measure of older adults’ Confidence in Legal Institutions (CLI). Confirmatory factor analysis (CFA) provided support for the unidimensionality and reliability of the measures. In addition, participants’ CLI was related to cynicism, trust in government, dispositional trust, age, and education, but not income or gender. The results provide support for the measures of confidence in the courts and law enforcement, so we present the scale as a …

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"Boys Will Be Boys, And Girls Will Get Raped": How Public School Dress Codes Foster Modern Day Rape Culture, Stephan Wah Jan 2016

"Boys Will Be Boys, And Girls Will Get Raped": How Public School Dress Codes Foster Modern Day Rape Culture, Stephan Wah

Cardozo Journal of Equal Rights & Social Justice

The note argues that public school dress codes perpetuate rape culture by disproportionately targeting female students, reinforcing patriarchal norms, and contributing to gender-based discrimination. These dress codes, often justified as preventing distractions, instead shame girls and place the responsibility of boys' behavior on them, thereby normalizing the objectification of women and supporting systemic sexism.

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Keeping Our Kids In School And Out Of Court: Rooting Out School Suspension Hearings And A New Alternative, Rachel Klein Jan 2016

Keeping Our Kids In School And Out Of Court: Rooting Out School Suspension Hearings And A New Alternative, Rachel Klein

Cardozo Journal of Conflict Resolution

This Note proposes an alternative model that can help a child improve his behavior in school, without removing the student from class. Section I of this Note examines the historical and legal context governing school suspension as a whole, specifically making reference to and analyzing New York State school suspension practices. Section II analyzes the effectiveness of school suspension and the methods used in New York to fix this system. In Section III, this Note proposes the use of arbitration as a superior mode of resolution and explains why Board of Education Arbitration is an effective model that helps students …

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Evaluating Opportunity In College Sports (Title Ix), Brandon Kai Golden Jan 2016

Evaluating Opportunity In College Sports (Title Ix), Brandon Kai Golden

Cardozo Journal of Equal Rights & Social Justice

The note critiques the current interpretation and application of Title IX in college athletics, particularly the Three-Part Test used by the Office for Civil Rights (OCR). It argues that the test's focus on proportionality often leads universities to cut men's sports to achieve gender balance, which undermines the broader goal of gender equality. The author proposes a more nuanced approach, advocating for sport-specific evaluations and the elimination of the Contact Sports Exception to better align Title IX compliance with its intended purpose of preventing discrimination.

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Missing The “Target”: Preventing The Unjust Inclusion Of Vulnerable Children For Medical Research Studies, Ruqaiijah A. Yearby Jan 2016

Missing The “Target”: Preventing The Unjust Inclusion Of Vulnerable Children For Medical Research Studies, Ruqaiijah A. Yearby

All Faculty Scholarship

Nearly everyone has experienced a burn and the resulting pain. Now imagine that you suffer a third-degree radiation burn that injures all the layers of your skin as well as the tissue, causing you extreme pain. . The burn turns your skin white, cherry red, or black and may produce blisters that are dry, hard, and leathery-looking. The burn can also be seen on the surface of your lungs and gastrointestinal tract. If the burn is big enough you will need skin grafts and surgery to replace the skin and tissue that will never grow back, as well as treatment …

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Only Straight Students Protected From Homophobic Harassment!, Arthur S. Leonard Jan 2016

Only Straight Students Protected From Homophobic Harassment!, Arthur S. Leonard

Other Publications

No abstract provided.

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On Pride’S Eve, The State Of Transgender Equality, Arthur S. Leonard Jan 2016

On Pride’S Eve, The State Of Transgender Equality, Arthur S. Leonard

Other Publications

No abstract provided.

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Police Reform And The Judicial Mandate, Julian A. Cook Jan 2016

Police Reform And The Judicial Mandate, Julian A. Cook

Scholarly Works

In response to a crisis that threatens his tenure as Mayor of Chicago, Rahm Emanuel announced in December 2015 reform measures designed to curb aggressive police tactics by the Chicago Police Department (CPD). The reform measures are limited, but aim to reduce deadly police-citizen encounters by arming the police with more tasers, and by requiring that officers undergo deescalation training. Though allegations of excessive force have plagued the department for years, the death of Laquan McDonald, an African-American teenager who was fatally shot by Jason Van Dyke, a white officer with the CPD, was the impetus for the Mayor’s reforms. …

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Policing In The Era Of Permissiveness: Mitigating Misconduct Through Third-Party Standing, Julian A. Cook Jan 2016

Policing In The Era Of Permissiveness: Mitigating Misconduct Through Third-Party Standing, Julian A. Cook

Scholarly Works

On April 4, 2015, Walter L. Scott was driving his vehicle when he was stopped by Officer Michael T. Slager of the North Charleston, South Carolina, police department for a broken taillight. A dash cam video from the officer’s vehicle showed the two men engaged in what appeared to be a rather routine verbal exchange. Sometime after Slager returned to his vehicle, Scott exited his car and ran away from Slager, prompting the officer to pursue him on foot. After he caught up with Scott in a grassy field near a muffler establishment, a scuffle between the men ensued, purportedly …

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Black Contemporary Social Movements, Resource Mobilization, And Black Musical Activism, Andrea L. Dennis Jan 2016

Black Contemporary Social Movements, Resource Mobilization, And Black Musical Activism, Andrea L. Dennis

Scholarly Works

In the last few years a grassroots social movement has emerged from the Black community. This movement aims to eliminate police and vigilante violence against Blacks nationwide. Blacks in America have long been subjected to this violence, and the issue has recently captured the country’s attention. Multiple groups are pressing for change, including Ferguson Action, Black Lives Matter, Say Her Name, and the leaderless social media effort organized by DeRay McKesson and Johnetta Elzie, to name a few. These fledgling activist groups have already experienced some success, garnering public attention and government response. As it currently stands, this nascent civil-rights …

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Stories Of Teaching Race, Gender, And Class: A Narrative, Brenda V. Smith Jan 2016

Stories Of Teaching Race, Gender, And Class: A Narrative, Brenda V. Smith

Scholarly Articles in Law Reviews & Journals

This Essay transcribes and discusses Smith's keynote speech at the New England Clinical Conference at Harvard Law School in November, 2015. Smith's speech discusses the intersection between race, gender, and class, highlighting them as sites of vulnerability through a personal storytelling lens. By sharing her individual experiences, Smith hopes to draw attention to insecurities and threats faced by many individuals who refuse to speak out.

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Race, Religion, And Rfra: The Implications Of Burwell V. Hobby Lobby Stores, Inc. In Employment Discrimination, Hanna Martin Jan 2016

Race, Religion, And Rfra: The Implications Of Burwell V. Hobby Lobby Stores, Inc. In Employment Discrimination, Hanna Martin

Cardozo Law Review de•novo

This Note argues that an employer who wishes to discriminate in hiring based on race—despite contrary federal law—can easily state a claim under the federal or a state RFRA. The plaintiff’s prima facie case will be satisfied if its beliefs are sincere, religiously motivated, and substantially burdened by antidiscrimination laws. This Note also argues that even if the government has a compelling interest in preventing discrimination against employees, in light of the Court’s ruling in Hobby Lobby, the RFRA claimants will still be granted an exemption.

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Race-Based Reverse Employment Discrimination Claims: A Combination Of Factors To The Prima Facie Case For Caucasian Plaintiffs, Shirley W. Bi Jan 2016

Race-Based Reverse Employment Discrimination Claims: A Combination Of Factors To The Prima Facie Case For Caucasian Plaintiffs, Shirley W. Bi

Cardozo Law Review de•novo

This Note discusses the practical impact resulting from the different modifications of the first prong of the McDonnell Douglas burden-shifting framework in reverse discrimination cases. Part I of this Note will provide background information on traditional Title VII racial discrimination claims, when a minority plaintiff alleges racial discrimination in her workplace. Then, it will introduce the three step burden-shifting framework set forth in McDonnell Douglas Corp. v. Green, which is the foundation for reverse racial discrimination cases. This Note focuses on the first of the four prongs of the prima facie analysis used by federal courts. Part II will …

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The Inapplicability Of First Amendment Protections To Bds Movement Boycotts, Marc A. Greendorfer Jan 2016

The Inapplicability Of First Amendment Protections To Bds Movement Boycotts, Marc A. Greendorfer

Cardozo Law Review de•novo

This paper has been derived from, and is an expansion of, certain arguments the author made in an earlier legal study of the BDS Movement under United States law entitled, “The BDS Movement: That Which We Call a Foreign Boycott, by Any Other Name, Is Still Illegal,” and is meant to rebut recent misleading assertions that the First Amendment protects participation by United States persons in foreign boycotts of Israel.

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Lifetime Disadvantage, Susan Bisom-Rapp, Malcolm Sargeant Jan 2016

Lifetime Disadvantage, Susan Bisom-Rapp, Malcolm Sargeant

Faculty Scholarship

Lifetime Disadvantage, Discrimination and the Gendered Workforce fills a gap in the literature on discrimination and disadvantage suffered by women at work by focusing on the inadequacies of the current law and the need for a new holistic approach. Each stage of the working life cycle for women is examined with a critical consideration of how the law attempts to address the problems that inhibit women's labor force participation. By using their model of lifetime disadvantage, the authors show how the law adopts an incremental and disjointed approach to resolving the challenges, and argue that a more holistic orientation towards …

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Unconstitutional But Entrenched: Putting Uocava And Voting Rights For Permanent Expatriates On A Sound Constitutional Footing, Brian C. Kalt Jan 2016

Unconstitutional But Entrenched: Putting Uocava And Voting Rights For Permanent Expatriates On A Sound Constitutional Footing, Brian C. Kalt

Brooklyn Law Review

Eligible voters who have left the United States permanently have the right to vote in federal elections as though they still live at their last stateside address. They need not be residents of their former states, be eligible to vote in state and local elections, or pay any state or local taxes. Federal law—the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA)—forces states to let these former residents vote for President, the Senate, and the House this way. There are several constitutional problems with all of this. Congress heard about many of these problems in the hearings and debates that …

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A Domestic Consequence Of The Government Spying On Its Citizens: The Guilty Go Free, Mystica M. Alexander, William P. Wiggins Jan 2016

A Domestic Consequence Of The Government Spying On Its Citizens: The Guilty Go Free, Mystica M. Alexander, William P. Wiggins

Brooklyn Law Review

In recent years, a seemingly endless stream of headlines have alerted people to the steady and relentless government encroachment on their civil liberties. Consider, for example, headlines such as “U.S. Directs Agents to Cover Up Program Used to Investigate Americans,” “DEA Admits to Keeping Secret Database of Phone Calls,” or “No Morsel Too Miniscule for All-Consuming N.S.A.” Of concern is not only the U.S. government’s collection of data on its citizens, but also how that information is aggregated, stored, and used. The Fourth Amendment protects citizens from unreasonable searches and seizures by the government. While the drafters of the Fourth …

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Trial And Heirs: Antemortem Probate For The Changing American Family, Katherine M. Arango Jan 2016

Trial And Heirs: Antemortem Probate For The Changing American Family, Katherine M. Arango

Brooklyn Law Review

The notion of the traditional American family has changed due to complex family structures formed through remarriages, cohabitation, and same-sex couples. Freedom of disposition is a guiding principle of inheritance law, whereby society recognizes the value in protecting one’s ability to acquire and transfer personal property at death. However, intestacy statutes are antiquated and have failed to keep pace with the rise of the modern American family, thus leaving the right to freedom of disposition uncertain and vulnerable for a large population. A will is a way of opting out of intestacy, but given that a will is frequently the …

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The Case For Lgbt Equality: Reviving The Political Process Doctrine And Repurposing The Dormant Commerce Clause, Terri R. Day, Danielle Weatherby Jan 2016

The Case For Lgbt Equality: Reviving The Political Process Doctrine And Repurposing The Dormant Commerce Clause, Terri R. Day, Danielle Weatherby

Brooklyn Law Review

As a reaction to the Supreme Court’s historic marriage equality decision earlier this summer, many Southern state legislators opposing the trend toward LGBT-protective laws have proposed legislation that would essentially prohibit municipalities from carving out new antidiscrimination protections for the LGBT community. Conservative Senator Bart Hester spearheaded the passing of one of these “anti” antidiscrimination laws in Arkansas, and states like Texas, West Virginia, Michigan, and Oklahoma are not far behind. These “Hester-type laws” are strikingly similar to the Colorado amendment struck down by the Romer v. Evans Court 20 years ago. Both the Colorado amendment and the new wave …

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Policing In The Era Of Permissiveness: Mitigating Misconduct Through Third-Party Standing, Julian A. Cook Iii Jan 2016

Policing In The Era Of Permissiveness: Mitigating Misconduct Through Third-Party Standing, Julian A. Cook Iii

Brooklyn Law Review

On April 4, 2015, Walter L. Scott was driving his vehicle when he was stopped by Officer Michael T. Slager of the North Charleston, South Carolina, police department for a broken taillight. A dash cam video from the officer’s vehicle showed the two men engaged in what appeared to be a rather routine verbal exchange. Sometime after Slager returned to his vehicle, Scott exited his car and ran away from Slager, prompting the officer to pursue him on foot. After he caught up with Scott in a grassy field near a muffler establishment, a scuffle between the men ensued, purportedly …

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Race, Restructurings, And Equal Protection Doctrine Through The Lens Of Schuette V. Bamn, Steve Sanders Jan 2016

Race, Restructurings, And Equal Protection Doctrine Through The Lens Of Schuette V. Bamn, Steve Sanders

Brooklyn Law Review

In 2012, the U.S. Court of Appeals for the Sixth Circuit ruled that Michigan voters had violated principles of the fair lawmaking process when they amended their state constitution to prohibit race-conscious affirmative action in public university admissions, reasoning that the amendment, known as “Proposal 2,” constituted a political restructuring that had violated the Equal Protection Clause by disadvantaging African Americans from being able to equally access political change. However, the Sixth Circuit was careful to avoid saying that Proposal 2 created a racial classification or was motivated by a purpose of discriminating on the basis of race. Instead, consistent …

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Book Review (Reviewing Louis Fisher's Congress: Protecting Individual Rights), Adeen Postar Jan 2016

Book Review (Reviewing Louis Fisher's Congress: Protecting Individual Rights), Adeen Postar

All Faculty Scholarship

Fisher is currently the Scholar in Residence at the Constitution Project, and is well known for his many years as Senior Specialist on Separation of Powers at the Congressional Research Service and as Specialist in Constitutional Law at the Law Library of Congress. He has extensive experience testifying before Congress on topics that include Congress and the constitution, war powers, executive power and privilege, and several aspects of the federal budget and its processes. He has written numerous books on these topics, including (to name only a few) The President and Congress: Power and Policy (1972); Defending Congress and the …

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Response To Keeping Cases From Black Juries: An Empirical Analysis Of How Race, Income Inequality, And Regional History Affect Tort Law, Jennifer Wriggins Jan 2016

Response To Keeping Cases From Black Juries: An Empirical Analysis Of How Race, Income Inequality, And Regional History Affect Tort Law, Jennifer Wriggins

Faculty Publications

Issues of race and racism in the U.S. torts system continue to deserve much more attention from legal scholarship than they receive, and Keeping Cases from Black Juries is a valuable contribution. Studying racism as it infects the torts system is difficult because explicit de jure exclusions of black jurors are in the past; race is no longer on the surface of tort opinions; and court records do not reveal the race of tort plaintiffs, defendants, or jurors. Yet it is essential to try and understand the workings of race and racism in the torts system. The authors pose a …

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Wedlocked: The Perils Of Marriage Equality – The Author Meets Her Readers, Katherine M. Franke Jan 2016

Wedlocked: The Perils Of Marriage Equality – The Author Meets Her Readers, Katherine M. Franke

Faculty Scholarship

You write a book and you wonder: “will anyone read it?” This Boston University Law Review Annex Symposium on Wedlocked answers my question. Not only did “someone” read the book, but those “someones” are some of the scholars I admire most, and they took the time and thought to engage Wedlocked’s arguments in this symposium. Thank you to each of the scholars who participated in this symposium, thank you to Professor Linda McClain for inviting their participation, and thank you to James Tobin, the Online Editor for the BU Law Review, for providing a home for this conversation about …

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No Refuge: Hungarian Romani Refugee Claimants In Canada, Sean Rehaag, Julianna Beaudoin, Jennifer Danch Jan 2016

No Refuge: Hungarian Romani Refugee Claimants In Canada, Sean Rehaag, Julianna Beaudoin, Jennifer Danch

Osgoode Hall Law Journal

From 2008 to 2012, thousands of Hungarian Roma sought asylum in Canada. Some political actors suggested that their claims were unfounded and demonstrated that Canada’s refugee processes were vulnerable to abuse. In contrast, advocates for refugees argued that persecution against Roma was rampant in Hungary and noted that hundreds of Hungarian Roma were granted refugee status in Canada. Much of this debate has occurred in an evidentiary vacuum. This article fills this vacuum through a qualitative and quantitative study of Hungarian Romani refugee claims. First, the context of the study is discussed. Then, the article explores the experiences of Hungarian …

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Hormone Check: Critique Of Olympic Rules On Sex And Gender, Erin E. Buzuvis Jan 2016

Hormone Check: Critique Of Olympic Rules On Sex And Gender, Erin E. Buzuvis

Faculty Scholarship

Most sports, including all Olympic sports, are divided into two categories: men's and women's. This Article first presents a history of gender testing in Olympic and international sports to illustrate why past attempts to define eligibility for women's sports have proven unfair to women with intersex conditions. It then describes the shortcomings of the International Olympic Committee’s (IOC) first effort to articulate standards of eligibility for transgender athletes. In its second Part, this Article explains the more recent efforts of the IOC and the International Association of Athletics Federations (IAAF) to define eligibility for women's sports solely on the basis …

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Australians' "Right" To Be Bigoted: Protecting Minorities' Rights From The Tyranny Of The Majority, Jillian Rudge Jan 2016

Australians' "Right" To Be Bigoted: Protecting Minorities' Rights From The Tyranny Of The Majority, Jillian Rudge

Brooklyn Journal of International Law

Australia’s Racial Discrimination Act (RDA) is a federal statute prohibiting behavior that offends, insults, humiliates, or intimidates people based on their race, nationality, ethnicity, or immigration status. It appropriately limits the right to freedom of expression where the exercise of that right encroaches on other, equally fundamental rights to equality and freedom from discrimination. The RDA is one of Australia’s few human rights laws focused on fighting racism. It is especially important for protecting the rights of minorities since Australia lacks a constitutional or federal bill of rights. Unfortunately, in 2014 and 2015, conservative politicians called for a repulsion of …

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Credit Discrimination Based On Gender: The Need To Expand The Rights Of A Spousal Guarantor Under The Equal Credit Opportunity Act, Allen Abraham Jan 2016

Credit Discrimination Based On Gender: The Need To Expand The Rights Of A Spousal Guarantor Under The Equal Credit Opportunity Act, Allen Abraham

Brooklyn Journal of Corporate, Financial & Commercial Law

This Note focuses on the definition of “applicant” as defined in the Equal Credit Opportunity Act (ECOA) and Regulation B. Specifically, this Note explores the expanded protections offered by the ECOA to spousal guarantors, after the Federal Reserve Board (FRB) expanded the definition of “applicant” by promulgating Regulation B. However, after a circuit split, where the Eighth Circuit, in Hawkins v. Community Bank of Raymore, held that a guarantor was not an “applicant” per the ECOA’s definition and the Sixth Circuit, in RL BB Acquisition, LLC v. Bridgemill Commons Development Group, LLC, followed Regulation B’s expansion of the definition of …

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