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Civil Rights and Discrimination Commons™

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2016

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Articles 91 - 120 of 567

Full-Text Articles in Civil Rights and Discrimination

Environmental Justice And Community-Based Reparations, Catherine Millas Kaiman Jul 2016

Environmental Justice And Community-Based Reparations, Catherine Millas Kaiman

Seattle University Law Review

This Article seeks to illuminate the lack of adequate legal remedies that are available for low-income, predominantly minority communities that have suffered historic environmental injustices. The Article not only discusses the lack of adequate legal remedies, but also proposes the use of local, state, and federal reparations programs for communities that have previously suffered environmental injustices; are still living with the effects of environmental injustices, by way of disease, air, soil, and water pollution; or are suffering current and ongoing environmental injustices. As has been recently illustrated by Michigan’s state action of providing lead-contaminated water for over a year to …


Obscenity In The Mails; Privileged Communications; The Law Against Contraceptives; The Rights Of Prisoners Jul 2016

Obscenity In The Mails; Privileged Communications; The Law Against Contraceptives; The Rights Of Prisoners

The Catholic Lawyer

No abstract provided.


Justice; Mater Et Magistra; Civil Rights; Zoning; Sociological Jurisprudence; Mr. Justice Brennan; Business Ethics Jul 2016

Justice; Mater Et Magistra; Civil Rights; Zoning; Sociological Jurisprudence; Mr. Justice Brennan; Business Ethics

The Catholic Lawyer

No abstract provided.


The Vow Of Poverty And Its Civil Law Implications, Romaeus W. O'Brien, O. Carm. Jul 2016

The Vow Of Poverty And Its Civil Law Implications, Romaeus W. O'Brien, O. Carm.

The Catholic Lawyer

No abstract provided.


Recent Decisions: Discrimination In Housing Jul 2016

Recent Decisions: Discrimination In Housing

The Catholic Lawyer

No abstract provided.


Trending @ Rwu Law: Judge Netti Vogel's Post: Women, The Legal Profession, And How Far We've Come 7-19-16, Netti Vogel Jul 2016

Trending @ Rwu Law: Judge Netti Vogel's Post: Women, The Legal Profession, And How Far We've Come 7-19-16, Netti Vogel

Law School Blogs

No abstract provided.


The Fine Line Employers Walk: Is It A Justified Business Practice, Or Discrimination?, Michelle Y. Dimaria Jul 2016

The Fine Line Employers Walk: Is It A Justified Business Practice, Or Discrimination?, Michelle Y. Dimaria

Labor & Employment Law Forum

No abstract provided.


Trending @ Rwu Law: Dean Yelnosky's Post: America's Cycle Of Violence 7-8-16, Michael Yelnosky Jul 2016

Trending @ Rwu Law: Dean Yelnosky's Post: America's Cycle Of Violence 7-8-16, Michael Yelnosky

Law School Blogs

No abstract provided.


Going Against The Grain Of The Status Quo: Hopeful Reformations To Sex Offender Civil Commitment In Minnesota—Karsjens V. Jesson, Joanna Woolman, Jennifer K. Anderson Jul 2016

Going Against The Grain Of The Status Quo: Hopeful Reformations To Sex Offender Civil Commitment In Minnesota—Karsjens V. Jesson, Joanna Woolman, Jennifer K. Anderson

Mitchell Hamline Law Review

No abstract provided.


International Environmental Law And The Global South Edited By Shawket Alam, Sumudu Atapattu, Carmen G. Gonzalez, And Jona Razzaque, Nadia B. Ahmad Jul 2016

International Environmental Law And The Global South Edited By Shawket Alam, Sumudu Atapattu, Carmen G. Gonzalez, And Jona Razzaque, Nadia B. Ahmad

Faculty Scholarship

No abstract provided.


The Sons Of Indiana: Kappa Alpha Psi Fraternity And The Fight For Civil Rights, Gregory S. Parks, Wendy Marie Laybourn Jul 2016

The Sons Of Indiana: Kappa Alpha Psi Fraternity And The Fight For Civil Rights, Gregory S. Parks, Wendy Marie Laybourn

Indiana Law Journal

The common narrative about African Americans’ quest for social justice and civil rights during the twentieth century consists, largely, of men and women working through organizations to bring about change. The typical list of organizations includes, inter alia, the National Association for the Advancement of Colored People, the National Urban League, the Southern Christian Leadership Conference, and the Student Nonviolent Coordinating Committee. What are almost never included in this list are African American collegiate-based fraternities. However, at the turn of the twentieth century, a small group of organizations emerged founded on personal excellence, the development and sustainment of fictive-kinship ties, …


An Onerous Burden: The Impact Of Nassar Upon Mcdonnell Douglas In The Eleventh Circuit, Alec Chappell Jul 2016

An Onerous Burden: The Impact Of Nassar Upon Mcdonnell Douglas In The Eleventh Circuit, Alec Chappell

Mercer Law Review

Following a flood of employment discrimination and retaliation cases, the United States Supreme Court in University of Texas Southwestern Medical Center v. Nassar announced that an employee alleging retaliation must prove that the employer's motive to retaliate constituted a "but for" cause of the actions adverse to the employee. In addition to creating an awkward and unprecedented union of employment law and traditional tort principles of causation,' this decision upended the conventional application of the framework set forth in McDonnell Douglas Corp. v. Green and left the lower courts to pick up the pieces. ...

This Comment explores the responses …


From Michigan's Stawberry Fields To South Texas's Rio Grande Valley: The Saga Of A Legal Career And The Texas Civil Rights Project, James C. Harrington Jul 2016

From Michigan's Stawberry Fields To South Texas's Rio Grande Valley: The Saga Of A Legal Career And The Texas Civil Rights Project, James C. Harrington

City University of New York Law Review

No abstract provided.


Employment Discrimination, Peter Reed Corbin, John E. Duvall Jul 2016

Employment Discrimination, Peter Reed Corbin, John E. Duvall

Mercer Law Review

Clearly the most significant case handed down during the 2015 survey period was the March 2015 decision by the United States Supreme Court in Young v. United Parcel Service, Inc. In Young, the Supreme Court decided that the Pregnancy Discrimination Act (PDA) does, in fact, require employers to offer workplace accommodations to pregnant employees in order to remain on the job. This case has almost certainly required a host of employers to review and probably revise the leave policies they had in place prior to the decision being handed down. Otherwise, the 2015 survey period was a busy, …


Session 2: The U.S. Perspective, Peter K. Yu, Allan Adler, Duncan Crabtree-Ireland, Mickey Osterreicher, Michael Wolfe, Aurelia J. Schultz Jul 2016

Session 2: The U.S. Perspective, Peter K. Yu, Allan Adler, Duncan Crabtree-Ireland, Mickey Osterreicher, Michael Wolfe, Aurelia J. Schultz

Faculty Scholarship

This panel provides an overview of the current state of protection of moral rights in the United States, including discussion of the “patchwork” approach of federal and state laws, as well as judicial opinions.


What Does The Minimum Wage Have To Do With Reproductive Rights?, Terry O'Neill Jun 2016

What Does The Minimum Wage Have To Do With Reproductive Rights?, Terry O'Neill

Akron Law Review

In January of this year, I had the honor of delivering remarks at the AALS Section on Socio-Economics annual luncheon. The subject of my talk, What does the minimum wage have to do with reproductive rights?, undoubtedly struck many in the audience as attempting the impossible— linking two issues that, while each important and timely, are entirely separate. Surely, the argument goes, a woman’s right to choose abortion simply does not occupy the same analytical or policy space as a worker’s right to fair wages and terms of employment.

In this Essay, however, I will sketch out my reasons for …


Newsroom: Vox: Mancheno '13 On Orlando 6-23-2016, Luis F. Mancheno, Vox, Roger Williams University School Of Law Jun 2016

Newsroom: Vox: Mancheno '13 On Orlando 6-23-2016, Luis F. Mancheno, Vox, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


The Trouble With Racial Quotas In Disparate Impact Remedial Orders, Wencong Fa Jun 2016

The Trouble With Racial Quotas In Disparate Impact Remedial Orders, Wencong Fa

William & Mary Bill of Rights Journal

Justice Scalia’s concurring opinion in Ricci v. DeStefano highlighted severe conceptual tensions between the Equal Protection Clause of the Fourteenth Amendment, which protects individuals from racial discrimination, and disparate impact liability, which protects racial groups from adverse effects. Last year’s Supreme Court decision in Texas Department of Housing & Community Affairs v. Inclusive Communities Project, Inc. suggested that disparate impact liability under the Fair Housing Act was constitutionally unproblematic because successful fair housing lawsuits over the past four decades have led to only race-neutral remedial orders enjoining the practice causing the disparate impact.

This Article analyzes the constitutionality of another …


Trending @ Rwu Law: Dean Yelnosky's Post: What The Tragedy In Orlando Means For Rwu Law 6/17/2016, Michael Yelnosky Jun 2016

Trending @ Rwu Law: Dean Yelnosky's Post: What The Tragedy In Orlando Means For Rwu Law 6/17/2016, Michael Yelnosky

Law School Blogs

No abstract provided.


Immigration And Disability In The United States And Canada, Mark Weber Jun 2016

Immigration And Disability In The United States And Canada, Mark Weber

College of Law Faculty

Disability arises from the dynamic between people’s physical and mental conditions andthe physical and attitudinal barriers in the environment. Applying this idea aboutdisability to United States and Canadian immigration law draws attention to barriers toentry and eventual citizenship for individuals who have disabilities. Historically, NorthAmerican law excluded many classes of immigrants, including those with intellectualdisabilities, mental illness, physical defects, and conditions likely to cause dependency.Though exclusions for individuals likely to draw excessive public resources and thosewith communicable diseases still exist in Canada and the United States, in recent yearsthe United States permitted legalization for severely disabled undocumented immigrantsalready in the …


“Criminal Records” - A Comparative Approach, Sigmund A. Cohn Jun 2016

“Criminal Records” - A Comparative Approach, Sigmund A. Cohn

Georgia Journal of International & Comparative Law

No abstract provided.


The International Court And South West Africa: Latest Phase, Antony J.M. Zuijdwijk Jun 2016

The International Court And South West Africa: Latest Phase, Antony J.M. Zuijdwijk

Georgia Journal of International & Comparative Law

No abstract provided.


On Marriage Equality And Transformation Through Preservation, Courtney Cahill Jun 2016

On Marriage Equality And Transformation Through Preservation, Courtney Cahill

Scholarly Publications

No abstract provided.


An Opening For Civil Rights In Health Insurance After The Affordable Care Act, Valarie K. Blake Jun 2016

An Opening For Civil Rights In Health Insurance After The Affordable Care Act, Valarie K. Blake

Scholarly Works

Section 1557, the civil rights provision of the Affordable Care Act (“ACA”), is unmatched in its reach, widely applying race, gender, disability, and age discrimination protections across all areas of healthcare. This Article will explore the value added of a civil rights approach to combating health insurance discrimination when combined with other ACA anti-discrimination efforts that were designed to regulate the health insurance market. It will emphasize the role that section 1557 can play in combatting healthcare disparities and will explore the utility of disparate impact and disparate treatment claims to those cases. Lastly, the Article will posit that two …


More Than Just The Numbers: Fisher V. Texas And The Practical Impact Of Texas’S Top Ten Percent Law, Shakira D. Pleasant Jun 2016

More Than Just The Numbers: Fisher V. Texas And The Practical Impact Of Texas’S Top Ten Percent Law, Shakira D. Pleasant

University of Miami Business Law Review

No abstract provided.


The More Things Change, The More They Stay The Same: Why Fisher V. University Of Texas At Austin Will Not Fundamentally Alter The Affirmative Action Landscape, Adam Lamparello Jun 2016

The More Things Change, The More They Stay The Same: Why Fisher V. University Of Texas At Austin Will Not Fundamentally Alter The Affirmative Action Landscape, Adam Lamparello

University of Miami Business Law Review

No abstract provided.


It’S Not About Race: The True Purpose Of The University Of Texas’ Holistic Admissions System Is To Give Preferences To Well-Connected White Applicants, Not To Disadvantaged Minorities, Jonathan R. Zell Jun 2016

It’S Not About Race: The True Purpose Of The University Of Texas’ Holistic Admissions System Is To Give Preferences To Well-Connected White Applicants, Not To Disadvantaged Minorities, Jonathan R. Zell

University of Miami Business Law Review

No abstract provided.


Diversity Is Dead. Long Live Diversity: The Racial Isolation Prong Of Kennedy’S Pics Concurrence In Fisher And Beyond., Francisco M. Negrón Jr. Jun 2016

Diversity Is Dead. Long Live Diversity: The Racial Isolation Prong Of Kennedy’S Pics Concurrence In Fisher And Beyond., Francisco M. Negrón Jr.

University of Miami Business Law Review

No abstract provided.


Getting Real About Race And Class: An Evaluation Of The Constitutionality Of Class-Based, Socioeconomic Affirmative Action Without Grutter, Junis L. Baldon Jun 2016

Getting Real About Race And Class: An Evaluation Of The Constitutionality Of Class-Based, Socioeconomic Affirmative Action Without Grutter, Junis L. Baldon

University of Miami Business Law Review

No abstract provided.


Fisher V. University Of Texas At Austin: The Incoherence And Unseemliness Of State Racial Classification, Jay Alan Sekulow, Walter M. Weber Jun 2016

Fisher V. University Of Texas At Austin: The Incoherence And Unseemliness Of State Racial Classification, Jay Alan Sekulow, Walter M. Weber

University of Miami Business Law Review

No abstract provided.