Civil Rights and Discrimination Commons^™

Equity And Inclusion As Unifying Principles, Alena M. Allen

Journal Articles

No abstract provided.

James Oakes's Treatment Of The First Confiscation Act In Freedom National: The Destruction Of Slavery In The United States, 1861-1865, Angi Porter

Scholarly Articles in Law Reviews & Journals

In his work, Freedom National: The Destruction of Slavery in the United States, 1861-1865, James Oakes provides an overview of several Civil War era legal instruments regarding enslavement in the United States. One of the statutes he examines is An Act to Confiscate Property Used for Insurrectionary Purposes, passed by the Thirty Seventh Congress in August, 1861. This law, popularly known as the First Confiscation Act (FCA), is one of the several "Confiscation Acts" that contributed to the weakening of legal enslavement during the War. Fortunately, scholars have contextualized and deemphasized President Lincoln's role as the "Great Emancipator" by examining …

Misunderstanding Meriwether, Brian Soucek, Ryan Chen

Fordham Law Review

Meriwether v. Hartop is widely seen as one of the most important academic freedom and transgender rights cases of recent years. Whether praising it as a victory for free speech or condemning it as a threat to educational equality, commentators across the political spectrum have agreed on one thing: the U.S. Court of Appeals for the Sixth Circuit did something big when it held that professors at public universities have a First Amendment right to misgender their students in class. But contrary to popular belief, Meriwether held no such thing. In fact, the Sixth Circuit could not have held what …

Anything But Prideful: Free Speech And Conversion Therapy Bans, State-Federal Action Plans, And Rooting Out Medical Fraud, Jordan Hutt

Fordham Law Review

At a time when conversion therapy might seem archaic to many people, this practice remains prevalent across the United States and finds legal support in the halls of federal courthouses. In 2020, the U.S. Court of Appeals for the Eleventh Circuit, in Otto v. City of Boca Raton, held that two ordinances banning conversion therapy in Boca Raton and Palm Beach violated First Amendment free speech rights. Specifically, Otto held that conversion therapy bans were content-based restrictions subject to strict scrutiny. Conversely, the U.S. Courts of Appeals for the Third and Ninth Circuits’ prior decisions upheld conversion therapy bans …

Bolstering New York’S Tenant Protection Law: Ensuring Retroactive Application Under The Heightened Regina Standard, Abigail Strange

Cardozo Law Review

Rent regulation laws have long been a cornerstone of the New York City and New York State housing markets, enacted to combat excessive rent increases that risked pricing out low- and middle-income tenants. On June 14, 2019, the New York State Legislature enacted the Housing Stability and Tenant Protection Act (HSTPA), which brought sweeping changes to New York’s rental laws, including regulated and unregulated buildings. The HSTPA significantly expanded tenant protections across New York State, and specifically in New York City, which currently has one of the highest monthly rent medians in the country. The passage of the HSTPA was …

Education And Democracy From Brown To Plyler, Nicholas Espíritu

St. John's Law Review

(Excerpt)

Judicial review has often been cast in terms of democratic legitimacy. Democratic legitimacy is often linked to whether it institutes the will of the people through majoritarian rule and whether it creates processes for reevaluation of these prior decisions by newly constituted majorities. Judicial review of majoritarian decisions has often been criticized as a overriding or circumventing of these democratic processes. Beginning with Brown v. Board of Education, the Warren Court adopted a resolution of the “counter-majoritarian difficulty” of judicial review by tacitly accepting Justice Stone’s formulation from footnote four of United States v. Carolene Products and engaging …

Thurgood Marshall Memorial Lecture 9-13-2023, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Racial Discrimination In Jury Selection: The Urgent Need For Sixth Amendment Protections For Black Capital Defendants, Claire Austin

Marquette Benefits and Social Welfare Law Review

In the U.S., death row is made up of a disproportionate number of black persons. In capital trials, black defendants often face all white juries. The deep-rooted racial discrimination in the justice system impacts jury selection because prosecutors use peremptory strikes to remove black jurors from the jury panel. As the law stands today, the Sixth Amendment guarantee of an impartial jury made up of a fair representation of the jury applies only to the pool of jurors called in for jury service, not those who are actually selected to hear the case.

This comment analyzes the Supreme Court decision, …

Rights And Remedies: Rental Housing For Low-Income Households In The United States, David Ray Papke, Mary Elise Papke

Marquette Benefits and Social Welfare Law Review

The state of rental housing for low-income households in the United States is deplorable. Unaffordable, unsanitary, and insecure, this housing violates the internationally recognized right of housing. While the United States has never formally recognized that right, the right guarantees not only a roof overhead but also affordability, habitability, and security of tenure. Policies and programs seeking to remedy the problems in rental housing might consciously address these aspects of rental housing. Policies and programs of this sort will not be enough to eliminate all problems, but they would alleviate a matter of great embarrassment, namely, the most affluent country …

Sexual Orientation At The Crossroads, Johan D. Van Der Vyver

Marquette Benefits and Social Welfare Law Review

The decision of the U.S. Supreme Court in the case of Bostock v. Clayton County that sexual orientation is included in the concept of “sex” in the non-discrimination provisions of the Civil Rights Act of 1964 is historically indefensible. The Civil Rights Act was initiated by President John F. Kennedy to combat racial discrimination in the workplace and the word “sex” was included in the Act by a “claque of Southern Congressmen” as part of a filibuster attempt to prevent its enactment. It was accepted by proponents of the Act on the instructions of President Johnson merely to avoid the …

Persistent Impediments And The Geography Of “Affirmatively Furthering” Fair Housing: The Case Of Erie County, Ny, Jason Knight, Heather R. Abraham, Christopher Holtkamp, Russell Weaver

Journal Articles

Despite the passage of the Fair Housing Act in 1968, segregation and discrimination remain key characteristics of the American housing system. The Act sought to reverse decades of private and public sector policies that contributed to segregated neighborhoods and the exclusion of protected classes from equal access to housing. Under the Act, communities receiving funds from US Department of Housing and Urban Development (HUD) are required to “affirmatively further fair housing” (AFFH). This paper examines the AFFH mandate as operationalized by HUD grantees in Erie County, NY, by evaluating six Analysis of Impediments (AI) to Fair Housing reports prepared from …

Regionalization And Access To Fair Housing In Erie County, Ny, Christopher Holtkamp, Russell Weaver, Heather R. Abraham, Jason Knight

Journal Articles

This paper examines how political fragmentation in Erie County, NY, USA impacts the availability of affordable housing and economic opportunity for residents. In the post-World War II era, employment rapidly migrated to the suburbs, resulting in spatial disconnections between extant residential geographies of the principal City of Buffalo and older, inner-ring suburbs, and the emerging economic geographies of second- and outer-ring municipalities. Stated alternatively, the typical distance between workers and workplace steadily increased. As jobs suburbanized, affordable housing opportunities did not, leaving many low-income residents either isolated from new employment opportunities altogether or paying higher transportation costs for employment farther …

On Fragmentation, Boundary Problems, And Movement Toward A Regional Fair Housing Regime In Erie County, Ny, Russell Weaver, Christopher Holtkamp, Jason Knight, Heather R. Abraham

Journal Articles

Prior to recent rule changes, which are still being deliberated as of this writing, Department of Housing and Urban Development (HUD) grantee communities charged with Affirmatively Furthering Fair Housing (AFFH) have been required to perform regular analyses of impediments (AIs) that identify barriers to fair housing in their territories. A central element of the AI is the delineation of racially or ethnically concentrated areas of poverty (R/ECAPs). Traditionally, grantees identify R/ECAPs using data for their jurisdictions only, ignoring surrounding communities. Doing so provides local decision-makers with knowledge about spaces in their territories where housing security might be relatively problematic, and …

African Courts And International Human Rights Law, John Mukum Mbaku

Brooklyn Journal of International Law

The UN General Assembly adopted the Universal Declaration of Human Rights in 1948 and since then, the international community, with the help of the United Nations, has adopted other international human rights instruments designed to recognize and protect human rights. Since international human rights instruments do not automatically confer rights that are justiciable in domestic courts, each African country must domesticate these instruments in order to create rights that are justiciable in its domestic courts. Given the fact that many African countries have not yet domesticated the core international human rights instruments, international human rights law’s ability to positively impact …

A Not-So Turkish Delight: The Implications Of Turkey’S Unprecedented Withdrawal From A Groundbreaking Women’S Rights Treaty And The Need For International Reform, Allyssa Myers

Brooklyn Journal of International Law

Domestic violence against women is one of the most pervasive and pressing international issues of our time. There have been multiple international human rights treaties enacted to address this issue and move to end gender-based violence—the Council of Europe Convention on Preventing and Combatting Violence Against Women and Domestic Violence (Istanbul Convention) being one. Created in 2011, the Istanbul Convention sought to provide an international legal framework for how states should work toward eradicating gender-based violence. Turkey, the first country to sign and to subsequently ratify the Istanbul Convention, unprecedently withdrew from the Convention in 2021. Turkish President Recep Tayyip …

Review Of Freedom Church Of The Poor: Martin Luther King Jr.’S Poor People’S Campaign, Danny Duncan Collum

The Journal of Social Encounters

No abstract provided.

Appraisal Discrimination: Five Lessons For Litigators, Heather R. Abraham

Journal Articles

Appraisal discrimination not only persists, but its influence has actually increased in some housing markets. New studies document how contemporary appraisal methods operate as systemic racism, such as how appraisers select from a narrower set of comparable properties when appraising homes in predominantly Black neighborhoods. Recent events have renewed public attention to appraisal discrimination, from shocking news stories to a new multiagency federal task force. In tandem, a new wave of litigation has emerged. This Article examines litigation as one element of a multifaceted approach to combatting appraisal discrimination. After examining the weaknesses of the regulatory framework governing appraisals, this …

Ftc Non-Compete Ban, Olivia Kuenzi

The Reporter: Social Justice Law Center Magazine

No abstract provided.

The ‘100-Mile Border Zone’ And The Surveillance Of Frontline Immigrant Advocates, Brandon Burkey, Isabella Jackson

The Reporter: Social Justice Law Center Magazine

No abstract provided.

Commentary: Shoop V. Twyford, Bridget Coyne, Vegas Kastberg

The Reporter: Social Justice Law Center Magazine

No abstract provided.

The Most Important Law You’Ve Never Heard Of: Section 1981 And Its Potential Social Justice Issues, Isaac Hampton Verhelst

The Reporter: Social Justice Law Center Magazine

No abstract provided.

The Aftermath: How Cities Do And Don’T Enforce Accountability Following Police Killings, Olivia Cobb, Hannah Scifres

The Reporter: Social Justice Law Center Magazine

No abstract provided.

Diverse Representation In Clinical Research Matters, Nneka Onyekwuluje

The Reporter: Social Justice Law Center Magazine

No abstract provided.

Student Loans And The Supreme Court: Borrowers’ Futures At Risk, Jordan Weeks, Elizabeth Martinez

The Reporter: Social Justice Law Center Magazine

No abstract provided.

Chilling Speech In The Name Of 'Woke': A Critique Of The Stop W.O.K.E. Act, Mia Guy, Kelsey Moore

The Reporter: Social Justice Law Center Magazine

No abstract provided.

Deliberate Indifference: An Impossible Standard, Caroline Kish

The Reporter: Social Justice Law Center Magazine

No abstract provided.

Circumvention Of Lawful Pathways, Luke Antonczak

The Reporter: Social Justice Law Center Magazine

No abstract provided.

The Expungement Dilemma: Amended Ohio Rev. Cod Ann. § 2953.521(A) (West 2023), Eleanor Salsbury

The Reporter: Social Justice Law Center Magazine

No abstract provided.

United States Of America V. Donald J. Trump, Defendant, Jack Smith

United States Department of Justice: Publications

Violations: Count 1: 18 U.S.C. § 371 (Conspiracy to Defraud the United States) Count 2: 18 U.S.C. § 1512(k) (Conspiracy to Obstruct an Official Proceeding) Count 3: 18 U.S.C. §§ 1512(c)(2), 2 (Obstruction of and Attempt to Obstruct an Official Proceeding) Count 4: 18 U.S.C. § 241 (Conspiracy Against Rights)

The Grand Jury charges that, at all times material to this Indictment, on or about the dates and at the approximate times stated below:

1. The Defendant, DONALD J. TRUMP, was the forty-fifth President of the United States and a candidate for re-election in 2020. The Defendant lost the 2020 …

Dobbs V. Jackson Women’S Health Organization: Revisiting The Fourteenth Amendment, Due Process Of Law, And American Citizenship, Thomas H. Burrell

Ohio Northern University Law Review

No abstract provided.