Civil Rights and Discrimination Commons^™

Development And Practice Of Tribal Community Planning: Ensuring Indigeneity In The Planning Process, Jared E. Munster, Ph.D.

American Indian Law Journal

No abstract provided.

The Onondaga Nation's Land Claim: Rights Without A Remedy?, Larissa Speak

American Indian Law Journal

No abstract provided.

Case Law On American Indians: September 2023 - August 2024, Thomas P. Schlosser

American Indian Law Journal

No abstract provided.

A Qualitative Study Exploring Senior Leaders’ Experiences And Perceptions In Addressing Workplace Sexual Harassment In The U.S. Federal Government: A Systems Perspective, Karen Jane Dean

Electronic Theses and Dissertations

Sexual harassment (SH) is a prevalent, costly, and often unreported problem in the U.S. Federal Government. Despite decades of research from multiple perspectives and recommendations to address SH, the problem persists and remains complex. While some researchers and U.S. Government agencies have called upon leaders to commit to eliminating workplace SH, others have suggested using an integrated conflict management system (ICMS) to manage the complexity, nuances, and conflicts. Even though there is a call for leadership to address SH, there is limited documentation in the literature about leaders’ experiences and perceptions in addressing the problem. Therefore, this qualitative study was …

A New Parlor Is Open: Microfeminisms Are Needed In Law School To Combat Gender Bias, Stephanie J. Thompson

Faculty Scholarship

A recent viral trend on TikTok has spotlighted women attorneys who are leveraging microfeminisms to uplift other women and challenge entrenched gender norms within the workplace. The hashtag #microfeminism has garnered over a billion views, underscoring a growing interest in this nuanced form of advocacy. Microfeminism encompasses the subtle, everyday actions individuals—regardless of gender—take to promote gender equity and disrupt traditional expectations, both personally and professionally. In contrast to broader feminist movements that often seek systemic reform, microfeminism focuses on the interpersonal and individual level, recognizing the transformative potential of seemingly small gestures. This Article aims to initiate a critical …

Exploring Education Policy And Resources In Virginia Secondary Education, Gabrielle Lyon

Departmental Honors & Graduate Capstone Projects

The study examines the intersection of federal special education policy within Virginia's secondary schools, specifically focusing on teachers’ compliance with the Individuals with Disabilities Education Act (IDEA). The study explores educators' awareness and usage of the Virginia Department of Education's hearing decisions index, which documents IDEA violations and due process decisions. Through analyzing federal education legislation, state implementation practices, and teacher perspectives, this study reveals critical gaps in educator preparation and resource awareness regarding special education policy compliance. The findings suggest that while the IDEA violations are being tracked and documented, there remains a significant disconnect between available resources and …

The Unwanted Child: A Historical Note, Lawrence M. Friedman

Cleveland State Law Review

Historically, the illegitimate child was unwanted: was "filius nullius," or nobody's child—a child without rights, and socially stigmatized. In many ways, both law and society conspired against these children. But both literature and the living law demonstrated that, in the 19th century, there were pockets of sympathy and understanding for these children. And the status of the illegitimate child changed over the years: both with regard to inheritance rights, and to position in society. Adoption law also made the unwanted, wanted—at least by the adopting parents. The marital status of parents became legally and socially more and more irrelevant over …

Filarsky’S Dilemma: Qualified Immunity For Private Actors And Its Potentially Negative Impact On Policing, Timothy Joseph Mondloch

University of Miami Race & Social Justice Law Review

No abstract provided.

Sentencing Roulette: The Absurdity And Unconstitutionality Of The Crime Of Violence Enhancements, Noam Kozlov

University of Miami Race & Social Justice Law Review

The law needs to be clear. This dictum is true especially with respect to criminal law. Defendants need to be made aware of the statutory and judicial rules surrounding their trial, and sentencing outcome should be foreseeable, even if not predictable. But we have failed. We have failed in granting defendants this sought-after clarity, exposing them to grossly disproportional and disparate sentences. One such failure is found in the Crime of Violence enhancement rules. COV enhancements add years or even decades to sentences of defendants whose previous convictions are classified as 'violent'. Despite this detrimental impact of the COV rules, …

Hoodwinked By Rucho: The Illusion Of Protection For Racial Gerrymandering In Federal Courts, Krystell Fienco

University of Miami Race & Social Justice Law Review

"lt is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule." - Marbury v. Madison, 5 U.S. 137 (1803).

"[W]e must never forget, that it is a constitution we are expounding." - McCulloch v. Maryland, 17 U.S. 316 (1819).

A New Equal Protection And Due Process Clause: Pushing Back On The Eleventh Circuit’S Error In Corbitt, Alberto Bufalino

University of Miami Race & Social Justice Law Review

No abstract provided.

Front Matter And Table Of Contents

University of Miami Race & Social Justice Law Review

No abstract provided.

Masthead

University of Miami Race & Social Justice Law Review

No abstract provided.

A Punishment That Harms Everyone And Benefits No One: An Analysis Of The Use Of Solitary Confinement Under Common Sociological Theories Of Punishment, Allison Lampert

Et Cetera

In the United States, experts estimate that nearly 100,000 incarcerated individuals are held in solitary confinement. While individuals can be held in solitary confinement for a variety of reasons, many are placed in lockdown because they have untreated mental illnesses, have committed some sort of minor disciplinary infraction, are need of protection, or for unpopular personal beliefs. In other words, solitary confinement is used as a broad catch-all to a wide range of low-level and nonviolent misbehaviors. This note argues that solitary confinement is an unjustifiable mode of punishment as analyzed under two commonly cited sociological theories of punishment: retributivism …

The Right To Gender-Affirming Care, Justin J. Soulas

Theses and Dissertations

As of recent, twenty-four states have enacted bans on gender-affirming care, restricting minors from accessing medically necessary treatment. Existing scholarship has begun to explore the profound impact of these bans on transgender youth, their parents or guardians, and the medical professionals who support them. However, the body of literature on this rapidly evolving issue remains limited. This thesis aims to fill that gap by offering a legal defense of gender-affirming care, grounded in judicial precedent. It argues that parental rights to make medical decisions for their children—recognized in constitutional jurisprudence—extend to decisions involving gender-affirming treatment. Additionally, it draws on anti-discrimination …

Brief Of Amici Curiae 775 Law Professors In Support Of Plaintiff's Motion For Summary Judgment And Declaratory And Permanent Injunctive Relief, Wilfred U. Codrington Iii, Haiyun Damon-Feng, Rebecca Ingber, Rachel Landy, Jacob Noti-Victor, Alexander A. Reinert, Anthony J. Sebok

Amicus Briefs

Amicus curiae brief submitted by 775 law professors in support of Susman Godfrey LLP's motion for summary judgment and request for declaratory and permanent injunctive relief in Susman Godfrey LLP v. Executive Office of the President. The brief argues that Executive Order 14263 unlawfully targets a law firm based on its clients, advocacy, and litigation activities, in violation of the First Amendment, Fifth Amendment, and Sixth Amendment. The amici contend that the order constitutes impermissible viewpoint discrimination, interferes with the right to counsel, and threatens the independence of the legal profession and the rule of law.

Changemakers: Susannah Johnson : L'25 : Charting A New Course : From Navy Officer To Legal Advocate, Jane Govednik

Life of the Law School (1993- )

No abstract provided.

Splitting Equality: Access To Gender-Affirming Care In The Fourth Circuit, Gilbert D. Jones

Journal of Law and Health

This Note critically examines the evolving legal landscape surrounding transgender individuals' access to gender-affirming care in the United States, focusing on two pivotal cases before the Fourth Circuit: Kadel v. Folwell (North Carolina) and Fain v. Crouch (West Virginia). These cases present a constitutional and statutory challenge to the exclusion of medically necessary gender-affirming care from state health plans, under Title VII of the Civil Rights Act of 1964 and the Equal Protection Clause of the Fourteenth Amendment. The Note contextualizes these lawsuits within a broader historical trajectory of transgender rights, highlighting legal and cultural milestones that have shaped access …

Brief Of Amici Curiae Center For Civil Rights And Critical Justice, Aclu Of Washington And King County Department Of Public Defense, Center For Civil Rights And Critical Justice, Jessica Levin, Melissa Lee, Ronald A. Peterson Law Clinic, David Montes, La Rond Baker

Center for Civil Rights and Critical Justice Advocacy

No abstract provided.

Challenging Race-Based Health Care Discrimination: A New Private Right Of Action, Aaron Pinkett

Northwestern University Law Review

The Hippocratic Oath calls on doctors to “do no harm.” Yet we know from extensive public health research that clinicians repeatedly cause harm to Black patients by dismissing their medical concerns, misdiagnosing them, and undertreating their pain. These practices of differential treatment for Black patients have led to steadily increasing racial disparities in health care outcomes throughout the United States. Title VI of the Civil Rights Act of 1964 prohibits this type of disparate impact, but modern Supreme Court jurisprudence forecloses opportunities for affected parties to seek legal relief—despite the clearly established legislative intent of Title VI. However, another legal …

Hindsight Is 20/20: Epilepsy Is Not One-Size-Fits-All, Raika Kim

Northwestern University Law Review

For many, epilepsy is one of the first conditions that come to mind when thinking of a disability, and for good reason: over 50 million people in the world live with epilepsy. Yet misunderstandings about epilepsy have perpetuated social stigma surrounding the disability for centuries. Ableist beliefs led to the passage of laws in the 1900s condoning—and in some cases, requiring—sterilization of individuals with epilepsy and restriction of their right to marry. Even today, state driving laws, justified as promoting public safety, categorically prevent anyone diagnosed with epilepsy from driving unless they are seizure free for an arbitrary, nonuniform period …

Cruising Over Controversy: Addressing Discrimination Gaps In The Montreal Convention's Framework, Catherine Mitri

Seattle Journal for Social Justice

No abstract provided.

Re-Evaluating Fulton V. City Of Philadelphia: A “Narrow” “Wisp” Of A Decision Or Free Exercise “Bedrock?”, Mark Rienzi

Catholic University Law Review

In Fulton v. City of Philadelphia (2021), a unanimous Supreme Court held that Philadelphia violated the Free Exercise Clause by excluding Catholic Social Services from participating in its foster program because CSS would not certify same-sex couples. Both supporters and critics of the Court’s decision publicly characterized the decision as “narrow” and noted that Philadelphia (and other governments) can easily sidestep Fulton and continue excluding religious providers from foster and adoption programs.

Four years later, the evidence shows that Fulton is anything but narrow. In Philadelphia and in other jurisdictions, Fulton has played a strong role in ending litigation against …

Champions For Justice 2025 03-27-2025, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

State V. Hayes: Privacy Of The Mind And The Incompetent Defendant, Maine Law Review

Maine Law Review

Although numerous jurisdictions have faced the question of whether a criminal defendant can be considered competent to stand trial when his competency is medically induced, the question of whether the state may force the accused to take competency-inducing medication during trial over the pretrial objections of the defense is relatively novel. Confronted with that issue recently, the Supreme Court of New Hampshire in State v. Hayes held that the state could compel a criminal defendant to take psychotropic drugs' necessary to maintain competency if the jury was informed about the use of medication. It is clear from the New Hampshire …

The Misuse Of Land Use Control Powers Must End: Suggestions For Legislative And Judicial Responses, Orlando E. Delogu

Maine Law Review

Municipal governments in almost all parts of the country are frequently inclined to exercise their police, spending, and policymaking powers in an impermissibly exclusionary manner. Their objective in many instances is simply to keep population growth and local property taxes down. In Maine these tendencies are very much in evidence. This misuse of local governmental powers is almost totally predicated on a misconception of the status of local governments and the purposes for which they exist. Local governments are not sovereign. They are not independent units of government. They are subunits of state government, creatures of the state analogous to …

Bakke, Lochner, And Law School: The Nobility Clause Versus A Republican Form Of Medicine, James E. Lobsenz

Maine Law Review

Alan Bakke, an unsuccessful medical school applicant, filed suit challenging the constitutionality of the minority admissions program administered by the Medical School of the University of California at Davis. The practice of reserving sixteen special places for minority students out of a total of 100 positions in the entering class, Bakke contended, constituted a denial of the equal protection of the laws guaranteed by the fourteenth amendment to the United States Constitution. Bakke's suit afforded the justices of both the California Supreme Court and the United States Supreme Court a unique opportunity to examine the substantive nature of the "equality" …

A Response To Professor Delogu: Is Impermissible Exclusion A Reality In Maine?, Madge Baker

Maine Law Review

A basic premise of Professor Orlando Delogu's article, The Misuse of Land Use Control Powers Must End: Suggestions for Legislative and Judicial Responses, is that many Maine municipalities are using their land use regulatory powers in impermissibly exclusionary ways. Professor Delogu proposes that the legislature and courts of Maine should respond to correct the situation. This Commentary will attempt to illustrate that Professor Delogu has failed to document his premise or to define accurately the difference between permissible and impermissible exclusion. He is unable, therefore, to substantiate the need for state intervention in an area of law traditionally delegated to …

A Final Note On The Misuse Of Land Use Control Powers Must End: Suggestions For Legislative And Judicial Responses, Orlando E. Delogu

Maine Law Review

The Baker criticism of my article is flawed in several major respects. First, while tacitly accepting the basic premise of the article that impermissible exclusion may be achieved by local misuse of a wide variety of facially permissible land use control tools, Ms. Baker argues that merely because the article did not demonstrate a sufficient degree of misuse in Maine, the corrective measures suggested are unwarranted. But a full reading of the article makes clear that no such exhaustive indictment of Maine towns was intended. The article was not an empirical study. The article intended to point out a widening …

The Prima Facie Case Approach To Employment Discrimination, Joanne F. Cole

Maine Law Review

Employment discrimination litigation has increased dramatically during the past decade. Under Title VII of the Civil Rights Act of 1964—Congress' sweeping prohibition of discrimination in employment decisions on the basis of race, color, religion, sex, or national origin –older federal civil rights statutes and state counterparts to Title VII, courts have developed discrete, cognizable theories of discrimination. An analytical framework has also developed by which to evaluate the facts, innuendoes, and statistics that constitute the claims and defenses in a discrimination case. Within the generally accepted approach to the evidence, however, there is no consensus about the weight each element …