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Civil Rights and Discrimination Commons™
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Articles 121 - 150 of 538
Full-Text Articles in Civil Rights and Discrimination
Can The Law Protect My Craft? How Gaps In Copyright Of Knitting Patterns Symbolize A Greater Struggle For Protecting Traditionally Feminine Forms Of Intellectual Property, Kysa Walzer
Seattle University Law Review
The purpose of this article is to demonstrate the application of intel-lectual property rights within the context of copyright protection of knit-ting patterns. The article will discuss the underutilization of copyright pro-tection for knitters and crafters and its larger impact upon craft and indus-try traditionally comprised of women. Part I introduces knitting patterns and a short history of copyright protections. Part II discusses the specific areas within knitting patterns and the knitting community which give rise to legal grey areas for copyright protection. Part III discusses the larger implications of copyright and intellectual property in spaces where women traditionally make …
Middle Schoolers Explore The Rule Of Law At Second Annual Mandell-Boisclair Justice Camp 7-17-2025, Jordan J. Phelan
Middle Schoolers Explore The Rule Of Law At Second Annual Mandell-Boisclair Justice Camp 7-17-2025, Jordan J. Phelan
School of Law Conferences, Lectures & Events
No abstract provided.
Law School News: Middle Schoolers Explore The Rule Of Law At Second Annual Mandell-Boisclair Justice Camp 07-17-2025, Jordan J. Phelan
Law School News: Middle Schoolers Explore The Rule Of Law At Second Annual Mandell-Boisclair Justice Camp 07-17-2025, Jordan J. Phelan
Life of the Law School (1993- )
No abstract provided.
For Every Right A Remedy: Providing A Private Right Of Action Under The Church Amendments, Brad Grisenti
For Every Right A Remedy: Providing A Private Right Of Action Under The Church Amendments, Brad Grisenti
BYU Law Review
In 1973, Congress responded to the U.S. Supreme Court’s Roe v. Wade decision by passing legislation known as the “Church Amendments.” The Church Amendments were designed to protect healthcare workers from being compelled by their employers to perform or participate in abortion or sterilization procedures that conflict with their moral and religious beliefs. However, the Church Amendments suffer from an enforcement problem, largely due to Congress’s failure to explicitly provide a private right of action in the text of the statute. And thus far, courts have consistently refrained from interpreting it as containing an implied private right of action. Without …
Using The Maine Constitution To Expand The Civil Rights And Civil Liberties Of Unhoused People, Heather L. Zimmerman
Using The Maine Constitution To Expand The Civil Rights And Civil Liberties Of Unhoused People, Heather L. Zimmerman
Maine Law Review
In recent years, homelessness has surged, and there has been a substantial increase in the number of people staying unsheltered in public places. In response to this rise in visible homelessness, municipalities have turned to criminalization, enacting and enforcing laws that ban, punish, fine, and ultimately seek to banish unhoused people from public places. Litigation has provided an important tool to fight criminalization and protect the fundamental rights of unhoused people. Legal advocacy for homeless rights suffered a major blow, however, in June 2024 with the United States Supreme Court decision in City of Grants Pass v. Johnson. In Grants …
An Argument For Housing Reparations, Lisa Lucile Owens
An Argument For Housing Reparations, Lisa Lucile Owens
Maine Law Review
This Article explores recent applications and framing of municipal reparatory housing policies and assesses equal protection challenges, including specific discussion of an emerging case in Evanston, Illinois. Because of recent changes to the Supreme Court’s approach to applying strict scrutiny in equal protection challenges of race-conscious policies as reflected in Students for Fair Admissions v. Harvard, race-based applications of reparations have been criticized as dead on arrival. However, this Article finds that housing-related reparatory policies are dissimilar from affirmative action admissions policies in several ways relevant to the Court’s application of strict scrutiny. Housing reparations policies are more in line …
Surpassing Bostock: Sec Filing Deficits Mask Prevalence Of Lgbtq+ Workplace Discrimination In Big Tech, Clovia Hamilton, Eric Sader, Benjamin Ale-Ebrahim
Surpassing Bostock: Sec Filing Deficits Mask Prevalence Of Lgbtq+ Workplace Discrimination In Big Tech, Clovia Hamilton, Eric Sader, Benjamin Ale-Ebrahim
Minnesota Journal of Law, Science & Technology
No abstract provided.
Brief Of Law Professors As Amici Curiae In Support Of Plaintiff-Appellees, Ira P. Robbins
Brief Of Law Professors As Amici Curiae In Support Of Plaintiff-Appellees, Ira P. Robbins
Amicus Briefs & Court Filings
INTRODUCTION: The Executive Order at issue in these appeals targets a small and uniquely vulnerable minority of transgender women—those currently housed in federal women’s prisons—by commanding the Federal Bureau of Prisons (BOP) to transfer them immediately to men’s facilities. Amici file in support of Plaintiffs-Appellees (hereinafter “Plaintiffs”), to address two procedural arguments made by Defendants-Appellants (“the government”). First, Congress has not eliminated federal court jurisdiction to decide Plaintiffs’ challenge to the transfer provisions of the Executive Order. Second, the government overreads the Prison Litigation Reform Act (PLRA); Plaintiffs’ lawsuit is not improper or premature under that statute’s exhaustion requirement because …
Oped: Forced Disappearances In New Mexico 2025, Jennifer Moore, Antoinette M. Sedillo Lopez, Linda Serrato
Oped: Forced Disappearances In New Mexico 2025, Jennifer Moore, Antoinette M. Sedillo Lopez, Linda Serrato
Faculty Scholarship
Immigration raids and unaccounted-for seizures of human beings are occurring in New Mexico and throughout the country, with increases in their frequency and magnitude as of June 2025. As we celebrate our Independence, every U.S. citizen should do some soul searching–to seek the soul of our nation. We call on our federal elected officials to work to ensure that enforced disappearances do not happen in our beloved country. As elected representatives and educators we demand to know where our constituents are being held and under what allegations. And we ask ICE agents to consider their actions. History did not look …
Education Equity For Transgender And Gender-Diverse Persons In India: Insights Into Implementation Hurdles, Dipika Jain, Natasha Aggarwal, Kanmani Ray, Surbhi Karwa, Disha Chaudhari, Rishav Devrani
Education Equity For Transgender And Gender-Diverse Persons In India: Insights Into Implementation Hurdles, Dipika Jain, Natasha Aggarwal, Kanmani Ray, Surbhi Karwa, Disha Chaudhari, Rishav Devrani
Michigan Journal of Gender & Law
Part I of this article presents international, global, and national approaches to the right to education for transgender and gender-diverse persons. It then describes the Indian approach—the NALSA judgment and the Transgender Persons Act. Finally, it provides anecdotal insight into the lived experiences of transgender and gender-diverse persons and the marginalization they face.
Part II outlines: (i) the rationale of this study, (ii) the research methodology, and (iii) the questions in the right to information requests, which have formed the basis for investigating the landscape of education rights for transgender and gender-diverse students.
Part III provides an overview of the …
Whose Right(S)?: Civil Rights Impact Of Cultural Conflicts In The Curriculum, S. David Mitchell
Whose Right(S)?: Civil Rights Impact Of Cultural Conflicts In The Curriculum, S. David Mitchell
Faculty Publications
Statutes seeking to prohibit the teaching of certain curricular topics that are considered divisive infringe upon the civil rights of students, parents, and teachers. The conflict over what should be taught implicates the rights of students, specifically their right to receive and to learn information; the rights of parents, specifically the right to control the education of their children; and the rights of teachers, specifically the First Amendment and academic freedom. “Anti-Woke” legislation, as it is broadly termed, is designed to silence those who seek to engage in the critical analysis of the structural and systemic barriers that have prevented …
Statewide Injunction: State Judicial Power And Meaningful Remedies, Constance Van Kley
Statewide Injunction: State Judicial Power And Meaningful Remedies, Constance Van Kley
Faculty Law Review Articles
As federal courts increasingly limit the scope of constitutional remedies, state courts have begun issuing statewide injunctions that extend protections beyond individual litigants. This article examines the doctrinal foundations and implications of such injunctions, arguing that they represent a legitimate exercise of state judicial power. By analyzing historical practices, procedural norms, and recent case law, the author contends that statewide injunctions can serve as essential tools for enforcing civil rights and ensuring meaningful relief. The piece calls for a reevaluation of remedial doctrines to better accommodate the evolving role of state courts in safeguarding constitutional guarantees.
Putting Police Body-Worn Camera Footage To Work: A Civil Liberties Evaluation Of Truleo's Ai Analytics Platform, Farhang Heydari, Max Isaacs, Katie Kinsey, Barry Friedman, Christopher Slobogin, Alissa M. Heydari
Putting Police Body-Worn Camera Footage To Work: A Civil Liberties Evaluation Of Truleo's Ai Analytics Platform, Farhang Heydari, Max Isaacs, Katie Kinsey, Barry Friedman, Christopher Slobogin, Alissa M. Heydari
Vanderbilt Law School Faculty Publications
This Article summarizes findings from a civilliberties evaluation of Truleo, an Al-powered analytics platform designed to automate thereviewofpolice body-worn camera (BWC) footage. It includes a summary of how Truleo's platform works, policy choices made by the company, and our assessment ofsafeguards and risks of the platform from a civil liberties perspective. This Article also offers a series of recommendations for policymakers considering the adoption of Truleo or similar technologies. These indude the necessity for independent testing of claimed benefits, democratic authorization for deployment, and ongoing transparency and public input around the platform's design and operation. Importantly, this Article argues that …
Putting Police Body-Worn Camera Footage To Work: A Civil Liberties Evaluation Of Truleo’S Ai Analytics Platform, Farhang Heydari, Max Isaacs, Katie Kinsey, Barry Friedman, Christopher Slobogin, Alissa Marque Heydari
Putting Police Body-Worn Camera Footage To Work: A Civil Liberties Evaluation Of Truleo’S Ai Analytics Platform, Farhang Heydari, Max Isaacs, Katie Kinsey, Barry Friedman, Christopher Slobogin, Alissa Marque Heydari
Cardozo Law Review
This Article summarizes findings from a civil liberties evaluation of Truleo, an AI-powered analytics platform designed to automate the review of police body-worn camera (BWC) footage. It includes a summary of how Truleo’s platform works, policy choices made by the company, and our assessment of safeguards and risks of the platform from a civil liberties perspective. This Article also offers a series of recommendations for policymakers considering the adoption of Truleo or similar technologies. These include the necessity for independent testing of claimed benefits, democratic authorization for deployment, and ongoing transparency and public input around the platform’s design and operation. …
In The Matter Of H.B., Iii, 141 Nev. Adv. Op. 15 (Apr. 3, 2025), Racaiim Mckain
In The Matter Of H.B., Iii, 141 Nev. Adv. Op. 15 (Apr. 3, 2025), Racaiim Mckain
Nevada Supreme Court Summaries
In a decisive decision, the Nevada Supreme Court held that convicted felons are not automatically disqualified from acting as a legal guardian.
"What Shall Be Orthodox" In Polarized Times: Overview And Response To Commentators, Linda C. Mcclain, James E. Fleming
"What Shall Be Orthodox" In Polarized Times: Overview And Response To Commentators, Linda C. Mcclain, James E. Fleming
Faculty Scholarship
“If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein.” Justice Robert Jackson wrote this celebrated passage in his majority opinion in West Virginia State Board of Education v. Barnette (1943), which protected the First Amendment right of Jehovah’s Witness children not to participate in a compulsory flag salute in public schools. In recent years, protests against imposed orthodoxy—usually invoking Barnette—have occurred in …
The Enduring Legacy Of The Habsburg Islam Policy: Muslim Communities In Central And Southeast Europe, Sevgi Adak, Thomas Schmidinger
The Enduring Legacy Of The Habsburg Islam Policy: Muslim Communities In Central And Southeast Europe, Sevgi Adak, Thomas Schmidinger
Exploring Muslim Contexts
Examines contemporary legal and political structures governing Muslim communities in Central and Southeast Europe.
When Otto Habsburg – son of the last emperor of the Austria-Hungarian Empire Karl I – died in 2011, among those who prayed at the funeral was Mustafa Efendi Cerić, the Reis-ul-ulema of Bosnia and Herzegovina – the highest Islamic office in the country. This was to honour the long-lasting relationship between the bygone empire of the Catholic Habsburgs with Bosnian Muslims. The cornerstone of this relationship was the 1912 Islam Act (Islamgesetz) of the Habsburgs, which granted Islam legal recognition and incorporated it into …
Breaking Barriers Exploring Guardianship & Public Administration Challenges Facing Egyptian Widows, Caroline Maher
Breaking Barriers Exploring Guardianship & Public Administration Challenges Facing Egyptian Widows, Caroline Maher
Theses and Dissertations
This thesis examines the influence of guardianship policies and the administrative infrastructure on the well-being of widows' families in Egypt. Widows in Egypt encounter significant challenges in exercising their guardianship rights due to patriarchal norms, bureaucratic hurdles, inefficient systems, and limited access to information. These obstacles can negatively impact their children's well-being, as well as economic and social stability. Despite social media activism, calls for administrative reforms, and legislative debates, no changes have occurred. This study aims to conduct in-depth exploratory qualitative research to analyze the challenges and limitations of current guardianship policies and administrative systems affecting widows’ families in …
Leveraging The Convention Against Torture: Opportunities For U.S. Migrants Within International Human Rights Frameworks, Margaret Burnetti
Leveraging The Convention Against Torture: Opportunities For U.S. Migrants Within International Human Rights Frameworks, Margaret Burnetti
DePaul Journal for Social Justice
No abstract provided.
Voting As A Crime Prevention Strategy, Joseph R. Dole
Voting As A Crime Prevention Strategy, Joseph R. Dole
DePaul Journal for Social Justice
No abstract provided.
The Dobbs Decision: The Unraveling Of Christian Theocracy In The United States Legislation, Breeha Azhar Shah
The Dobbs Decision: The Unraveling Of Christian Theocracy In The United States Legislation, Breeha Azhar Shah
DePaul Journal for Social Justice
No abstract provided.
Letter From The Board, Editorial Board
Letter From The Board, Editorial Board
DePaul Journal for Social Justice
No abstract provided.
Table Of Contents, Editorial Board
Table Of Contents, Editorial Board
DePaul Journal for Social Justice
No abstract provided.
A Tale Of Two Law Schools, Benjamin H. Barton
A Tale Of Two Law Schools, Benjamin H. Barton
Arkansas Law Review
On the august occasion of the 100th anniversary of the University of Arkansas School of Law, this Essay celebrates one of its singular achievements: the decision of then-Dean Robert Leflar to admit Silas Herbert Hunt, the first African American allowed to enroll for graduate or professional studies at any all-white university in the former Confederacy since reconstruction. The bravery of both Leflar and Hunt has been correctly celebrated in the past, but this Essay seeks to highlight why it was actually braver than one might think (for both Hunt and Leflar) by comparing the actions of Arkansas Law with the …
Honoring Juneteenth, Tori L. Murray
Honoring Juneteenth, Tori L. Murray
BLSA Documents
Notre Dame Law School, Black Law Students Association president, Tori L. Murray, writes to remind us to take a moment to recognize today's national holiday, Juneteenth.
She writes, "Juneteenth is a landmark moment in American History: it is a day that changed the lives, and the fate, for generations of Black people in America."
A Tragedy Of Incommensurability: Indigenous Rights And The Limits Of Human Rights Law, Zeina Ali
A Tragedy Of Incommensurability: Indigenous Rights And The Limits Of Human Rights Law, Zeina Ali
Theses and Dissertations
This thesis explores the tragedy of incommensurability between indigenous rights and international human rights law. Despite the emergence of frameworks like the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), indigenous calls for sovereignty remain fundamentally unintelligible within a liberal order structured to preserve settler-state legitimacy. Tracing the historical and theoretical evolution of indigenous advocacy, this study critiques the strategic shift from demands for self-determination to claims of cultural rights. It argues that this shift offers no real alternative: self-determination and cultural rights are functionally equivalent, as both are ultimately filtered through legal and political frameworks that cannot …
Caste Discrimination In Ny - Starting A Conversation, Pranathi Charasala, Gali Racabi
Caste Discrimination In Ny - Starting A Conversation, Pranathi Charasala, Gali Racabi
Cornell Law Faculty Working Papers
Despite rapid socioeconomic ascent of Indian Americans in the U.S., caste hierarchies continue to structure inequality within the Indian diaspora. This working paper examines caste discrimination in contemporary New York, situating it within broader civil rights frameworks and legal precedents. Drawing from headline cases, emerging local laws, and collective bargaining agreements, the paper shows how caste operates as a social category—legally unrecognized yet experientially real. It explores both the possibilities and pitfalls of folding caste into existing categories like race, color, national origin, and religion, while grappling with arguments that frame caste protections as anti-Hindu bias. The paper concludes with …
Brief Of Amicus Curiae Center For Civil Rights And Critical Justice In Support Of Petitioner, Melissa Lee, Jessica Levin, Ronald A. Peterson Law Clinic
Brief Of Amicus Curiae Center For Civil Rights And Critical Justice In Support Of Petitioner, Melissa Lee, Jessica Levin, Ronald A. Peterson Law Clinic
Center for Civil Rights and Critical Justice Advocacy
No abstract provided.
Is It Time To Scrap Stare Decisis?, Wilfred U. Codrington Iii
Is It Time To Scrap Stare Decisis?, Wilfred U. Codrington Iii
Articles
Shortly after returning to the presidency, Donald Trump terminated several independent federal officers, prompting legal action by employees who occupied government positions covered by statutory for cause removal protections long held constitutionally permissible and valid. Eventually, one or more suits alleging unlawful termination owing to the removal without cause will reach the Supreme Court to be decided on the merits. Having steadily narrowed the Humphrey’s Executor line of cases that insulate these officers, the Court now seems poised to displace that precedent entirely. In isolation, the overruling would mark a seismic doctrinal shift and major advance in legal conservatism's pursuit …