Civil Rights and Discrimination Commons^™

Lgbt Discrimination As Religious Discrimination: Ruse Or Resolution?, Craig Westergard

Barry Law Review

No abstract provided.

Eitc For All: A Universal Basic Income Compromise Proposal, Benjamin M. Leff

Washington and Lee Journal of Civil Rights and Social Justice

Much has been written about a concept called universal basic income (UBI). With a UBI, the government gives every person a certain amount of money each year, or even each month. The UBI has broad appeal with thinkers on both the right and the left, but the appeal is partially because different thinkers have different visions of what the current state of affairs is with respect to government welfare policies and different theories about why these existing policies are inadequate or damaging. Reforming existing programs, rather than making a radical break with the past, could satisfy at least some of …

Isolation For Profit: How Privately Provided Video Visitation Services Incentivize Bans On In-Person Visitation Within American Correctional Facilities, J. Tanner Lusk

Washington and Lee Journal of Civil Rights and Social Justice

American correctional facilities are banning in-person visitation in lieu of privately provided and expensive video visitation services. This Note discusses the types of private services provided; how video visitation negatively affects inmates’ mental health and finances; and the ongoing legal battle occurring in Knox County, Tennessee, regarding whether the Knox County Jail’s ban on in-person visitation violates the Constitution. Because of the significant degree of deference courts grant correctional facilities when considering whether challenged regulations violate the Constitution, it will be difficult for the Knox County Jail inmates to successfully argue that the jail has violated their constitutional rights. There …

“No More No-Poach”: An Antitrust Plaintiff’S Guide, Amanda Triplett

Washington and Lee Journal of Civil Rights and Social Justice

It may seem that agreements between employers not to hire or solicit employees from each other would be illegal under the Sherman Act’s prohibition of conspiracies to fix prices or allocate markets. However, the complexity of this issue pushes the boundaries of antitrust law. But the core principals of antitrust law are tailored to reject them. In a market of employers, where firms are competitors, no-poach restraints have horizontal elements subject to a harsher standard of antitrust review. Firms that enter into these arrangements bypass legal methods to protect against the harms of employee loss, such as a non-compete agreement. …

Masthead

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Table Of Contents

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Something For Nothing: Universal Basic Income And The Value Of Work Beyond Incentives, Jonathan D. Grossberg

Washington and Lee Journal of Civil Rights and Social Justice

Proponents and opponents of a universal basic income all acknowledge that the most significant political challenge to its adoption in the United States is that a universal basic income would not have a work requirement attached. Often, this is characterized as a problem involving incentives—the availability of a universal basic income would cause many people to stop working (or significantly curtail the number of hours that they work) and simply live off the universal basic income. This Article makes three contributions to the literature related to a universal basic income: First, it provides a typology for understanding the many reasons …

Servant Leadership And Presidential Immigration Politics: Inspiration From The Foot-Washing Ritual, Victor C. Romero

Washington and Lee Journal of Civil Rights and Social Justice

President Donald Trump’s immigration agenda has been criticized by pundits and scholars alike and has been thwarted by courts concerned about executive overreach. This Article contributes to this chorus of critics by viewing the current immigration regime from a Christian perspective on servant leadership, contrary to the stereotype that Christianity necessarily aligns with any one particular political brand. Jesus Christ’s entreaty that his disciples wash each other’s feet provides a useful lens through which to evaluate whether this Administration’s work effectively advances communitarianism, a value consistent with Christian immigration ethics. An examination of a range of immigration policies—from the Muslim …

Land Of The Free (Appropriate Public Education), Home Of The Deprived: How Vocational Services Can Remedy Education Deprivations For Former Students With Disabilities, Maria N. Liberopoulos

Washington and Lee Journal of Civil Rights and Social Justice

This Note explores the Individuals with Disabilities Education Act’s requirement that all children between the ages of three and twenty-one are provided a free and appropriate public education. This Note focuses on the relief available for students who are either older than twenty-one or who received a high school diploma, but who did not receive a free and appropriate public education. After delving into the remedy of compensatory education, this Note proposes the Office of Special Education and Rehabilitative Services of the Department of Education promulgate a new regulation that includes vocational training and services as a specific remedy under …

Fighting America’S Best-Selling Product: An Analysis Of And Solution To The Opioid Crisis, Ashley Duckworth

Washington and Lee Journal of Civil Rights and Social Justice

Deaths from drug overdoses have doubled over the last ten years and are now the leading cause of accidental death in the United States. Although some overdoses may have involved more than one drug, prescription and/or illicit opioids were involved in many of these drug overdose fatalities. The Food and Drug Administration (FDA), Center for Disease Control and Prevention (CDC), and Congress have enacted a string of regulations, statutes, and programs since the early 1990s, but nothing has seriously improved the opioid epidemic as it stands. If anything, the use of opioids has persisted. Many people want pharmaceutical companies to …

Where Is Home? The Challenge Of Finding Safe Housing Via Early Lease Termination For Victims Of Domestic Violence, Charlotte Gerchick

Washington and Lee Journal of Civil Rights and Social Justice

This Note addresses the legal recourse of domestic violence victims who are attempting to terminate a lease early for the purpose of escaping domestic violence at home. In March 2013, President Barack Obama signed the reauthorization of the Violence Against Women Act (VAWA). This version of the Act includes Title VI, which protects victims of domestic violence and stalking. Title VI applies to federally subsidized housing. It allows domestic violence victims to terminate a lease early for the purpose of removing themselves from an abusive household. Title VI also makes it illegal to deny or terminate housing assistance based on …

Flip It And Reverse It: Examining Reverse Gender Discrimination Claims Brought Under Title Ix, Courtney Joy Mcmullan

Washington and Lee Law Review

This Note begins in Part II by discussing the prevalence of campus sexual assault and the ways in which Title IX is used to address it on university campuses. Part III examines reverse Title IX claims by accused students, including the various causes of action and the pleading standards required. Part III also surveys the success of reverse Title IX claims using public pressure on universities to address sexual assault to support their allegations of gender discrimination. Part IV then evaluates the way summary judgment rules and burden-shifting frameworks affect the likelihood of success for reverse Title IX claims. Finally, …

Bridging Race + Ip: The Challenges And Potential Of Utilizing Transdisciplinary Methods To Undo The Unbearable Whiteness Of Intellectual Property, Deidre Keller

Faculty Books and Book Contributions

This chapter is part of Approaches and Methodologies in Intellectual Property Research edited by Irene Calboli and Maria Lilla.

Brief For New Ways Ministry Et Al. As Amici Curiae Supporting Plaintiff, Koenke V. Saint Joseph University, Leslie C. Griffin

Supreme Court Briefs

No abstract provided.

Race Decriminalization And Criminal Legal System Reform, Michael Pinard

Faculty Scholarship

There is emerging consensus that various components of the criminal legal system have gone too far in capturing and punishing masses of Black men, women, and children. This evolving recognition has helped propel important and pathbreaking criminal legal reforms in recent years, with significant bipartisan support. These reforms have targeted the criminal legal system itself. They strive to address the pain inflicted by the system. However, by concerning themselves solely with the criminal legal system, these reforms do not confront the reality that Black men, women, and children will continue to be devastatingly overrepresented in each stitch of the system. …

Race, Surveillance, Resistance, Chaz Arnett

Faculty Scholarship

The increasing capability of surveillance technology in the hands of law enforcement is radically changing the power, size, and depth of the surveillance state. More daily activities are being captured and scrutinized, larger quantities of personal and biometric data are being extracted and analyzed, in what is becoming a deeply intensified and pervasive surveillance society. This reality is particularly troubling for Black communities, as they shoulder a disproportionate share of the burden and harm associated with these powerful surveillance measures, at a time when traditional mechanisms for accountability have grown weaker. These harms include the maintenance of legacies of state …

Brief For Miguel H. Diaz Et A. As Amici Curiae Supporting Respondents, Fulton V. City Of Philadelphia, Leslie C. Griffin, Marci A. Hamilton

Supreme Court Briefs

No abstract provided.

The Meaning Of A Misdemeanor In A Post-Ferguson World: Evaluating The Reliability Of Prior Conviction Evidence, John D. King

Scholarly Articles

Despite evidence that America’s low-level courts are overburdened, unreliable, and structurally biased, sentencing judges continue to uncritically consider a defendant’s criminal history in fashioning an appropriate punishment. Misdemeanor courts lack many of the procedural safeguards that are thought to ensure accuracy and reliability. As with other stages of the criminal justice system, people of color and poor people are disproportionately burdened with the inaccuracies of the misdemeanor system.

This Article examines instances in which sentencing courts have looked behind the mere fact of a prior conviction and assessed whether that prior conviction offered any meaningful insight for the subsequent sentence. …

Abolishing Racist Policing With The Thirteenth Amendment, Brandon Hasbrouck

Scholarly Articles

This Essay was also published online at 67 UCLA L. Rev. Disc. 200 (2020).

Policing in America has always been about controlling the Black body. Indeed, modern policing was birthed and nurtured by white supremacy; its roots are found in slavery. Policing today continues to protect and serve the racial hierarchy blessed by the Constitution itself. But a string of U.S. Supreme Court rulings involving the Thirteenth Amendment offers Congress a tool with which to target institutions that have preserved social, political, and official norms associated with slavery. In those cases, the Supreme Court held that Congress has broad enforcement …

Lessons For Advocacy From The Life And Legacy Of The Reverened Doctor Pauli Murray, Florence Wagman Roisman

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Baby Suffragettes: Girls In The Woman's Suffrage Movement Across The Atlantic, Mckenzi Christensen

AWE (A Woman’s Experience)

No abstract provided.

Justice In Black: William Hastie And Thurgood Marshall's Fight For An Equalitarian Legal Order, Ian L. Courts

North Carolina Central Law Review

No abstract provided.

Foreword, Honorable Nathaniel R. Jones

Freedom Center Journal

The articles in this issue of The Freedom Center Journal are timely challenges to the persistent efforts to undermine the American values enshrined in the Preamble of the Constitution and the body of the Constitution itself with its three Civil War Amendments.

The student editors of this volume intended the selected contributions to offer readers a nuanced view of our nation’s current identity crisis. The collection is offered in the hope that it will encourage further thinking and discussion about what it means to be part of the American experiment with democratic self-governance in an age of resurgent white supremacy.

The American Dreamer, Ashton Hood (Esquir3)

Freedom Center Journal

This spoken-word piece by EsQuir3, a student at the University of Cincinnati College of Law, conducts a comprehensive interrogation of the concept “We the People” by tracing the manifestation of racialized exclusion from the founding era to the flood of social media that saturates the current moment.

A Candid Discussion About Social Justice: Iris Roley, The Black United Front, And The History Of Cincinnati’S Collaborative Agreement, Ashton Hood

Freedom Center Journal

In early April of 2001 I was growing up in the community of Glendale, a northern suburb of Cincinnati, Ohio. I vividly remember the media coverage of the civil unrest occurring downtown in response to the killing of Timothy Thomas.1 The following interview with Iris Roley, member of the Cincinnati Black United Front, attempts to shed light on the origins of the rage felt in the city during that time period. Proactive steps have been taken since Cincinnati was placed in a national spotlight for its embarrassing race relations. Much work still needs to be done to ensure equity, but …

The System Is Working The Way It Is Supposed To: The Limits Of Criminal Justice Reform, Paul Butler

Freedom Center Journal

Ferguson has come to symbolize a widespread sense that there is a crisis in American criminal justice. This Article describes various articulations of what the problems are and poses the question of whether law is capable of fixing these problems. I consider the question theoretically by looking at claims that critical race theorists have made about law and race. Using Supreme Court cases as examples, I demonstrate how some of the “problems” described in the U.S. Justice Department’s Ferguson report, like police violence and widespread arrests of African-Americans for petty offenses, are not only legal, but integral features of policing …

Exploring Northern Identity Through Historical Analysis Of Cincinnati’S Antebellum Period, Avery Ozimek

Freedom Center Journal

This essay explores the author's attempt to find a truer Northern identity, different from the one taught in school. It looks at Cincinnati during America’s Antebellum period, a historical period generally seen as one marked by “a nation polarized by specific regional identities. The South held a pro-slavery identity . . . while the North largely held abolitionist sentiments and opposed the institution’s westward expansion.” During this period, Ohio’s constitution may have been anti-slavery, however, the state’s Black Codes, race riots, and anti-abolitionist sentiments told a different story than Ohio’s constitution. The darker history of Antebellum Cincinnati often goes untold, …

How Actions Affirm: Reflections On The Question Of Affirmative Action, Doron Menashe

Touro Law Review

No abstract provided.

Bibliography Of Journal And Law Review Articles Discussing Virgil Hawkins And His Legal And Social Impact, Paul J. Mclaughlin

Documents

No abstract provided.

Good Initiative, Bad Judgement: The Unintended Consequences Of Title Ix's Proportionality Standard On Ncaa Men's Gymnastics And The Transgender Athlete, Jeffrey Shearer

Student Scholarship

Title IX fails to provide the tools or guidelines necessary to equalize opportunities for all student athletes in the collegiate setting despite the government’s continuous effort to explain the law. This failure is because judicial precedent has largely developed around the binary proportionality test of compliance. Title IX was originally intended to equalize educational opportunities for male and female students in order to remedy past discrimination in our society. However, the application of Title IX has frequently created fewer opportunities in athletics due to the unintended relationship between the proportionality standard and the social phenomenon that is the commercialization of …