Civil Rights and Discrimination Commons^™

Beyond The Flames: Housing Justice And Rebuilding After The Wildfires, Michala Storms, Awoenam Mauna-Woanya, Christopher Chinn, Kaimipono D. Wenger

Loyola Interdisciplinary Journal of Public Interest Law

The speakers for this symposium explored the intersection of housing justice and the legal and policy obstacles encountered in rebuilding efforts in Los Angeles following the devastating wildfires. The wildfires burned more than 55,000 acres. That's approximately the size of Los Angeles city. Destroyed over 16,251 structures and has claimed at least 29 lives. These fires were the most catastrophic in all of Los Angeles County's history. The speakers discussed the challenges faced by displaced communities amid ongoing housing shortages, as well as the broader implications for housing policy and zoning. The conversation examined how attorneys, policy makers and the …

Myths And Magical Thinking: American Civil Religion, The Establishment Clause, And “Codified Irrationality” In Anti-Crt Measures, Kyle Reinhard

Journal of Civil Rights and Economic Development

(Excerpt)

In Part I, I preview some of the overlapping tensions in U.S. public schooling created by the occasionally competing mandates of education federalism and democratic theory; describe the current state of the law with respect to the constitutionality of state and local governments seeking to inculcate (allegedly) prosocial community values in curriculum; and consider how battles over the meaning of “patriotism” through the decades show that ideology and religion often blend—and still, inevitably, make it—into the public square broadly nonetheless.

In Part II, I describe how religion is a useful tool, both descriptively and as a constitutional jurisprudential framework, …

Whose Right(S)?: Civil Rights Impact Of Cultural Conflicts In The Curriculum, S. David Mitchell

Journal of Civil Rights and Economic Development

(Excerpt)

Opponents of anti-woke legislation have challenged the presumption that the topics being taught are divisive or designed to indoctrinate students with a liberal or Left leaning ideology. Instead, they argue that these topics tell the unvarnished history of the United States. Furthermore, opponents have also challenged the asserted legality and validity of anti-woke legislation, arguing that the legislation infringes upon the First Amendment, specifically students’ and teachers’ academic freedom, students’ right to learn, and parents’ right to direct and control the education of their children. Unlike other controversial topics such as sexual education, which are taught in courses that …

From Freedom Schools To Freedom: A New Vision Of Desegregation, Joseph Kim

Journal of Civil Rights and Economic Development

(Excerpt)

I begin with Part I, where I hone in on the school integration movement of the 1950s, 1960s, and 1970s. I start at Brown v. Board of Education. When asked about Brown, most if not all people associate it with the racial integration of segregated public schools and the demise of Plessy v. Ferguson’s separate-but-equal doctrine. However, importantly, I argue that racial integration was not necessarily required by Brown. Rather than mandating racial integration of segregated schools, Brown mandated desegregation of segregated schools. The distinction between “desegregation” and “racial integration” is an important one. While …

Kwanza Jones & José E. Feliciano Commit $6 Million To Name Clinical Education Program At Cardozo School Of Law, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

Cardozo School of Law announced a $6 million gift from alumna Kwanza Jones and José E. Feliciano to renovate and expand its clinical education facilities. The gift will establish the Kwanza Jones and José E. Feliciano Program for Clinical Education, supporting experiential legal education and increasing access to justice through Cardozo's nationally recognized clinical programs.

From Ambiguity To Accountability: The Case For A Legal Definition Of Antisemitism In Academia, Andrea J. Martin

Pepperdine Law Review

Following the October 7, 2023, Hamas attacks on Israel, U.S. college campuses experienced a sharp rise in antisemitic incidents, driven by an antizionism movement aimed at demonizing and delegitimizing the Jewish state and its supporters. A congressional investigation found that antisemitism persisted at prominent universities because administrators repeatedly failed to denounce antizionist conduct that functions as a vehicle for harassment of Jewish students and neglected to enforce their own nondiscrimination policies. The congressional committee, as well as several university antisemitism task forces, identified antizionism as a primary driver of campus antisemitism and strongly recommended that university leaders recognize and address …

Bowers, Lawrence And Obergefell: A Case-By-Case Analysis, Hailey Moran

The Downtown Review: An Interdisciplinary Journal Written and Peer-Reviewed by Mandel Honors College Students at Cleveland State University

What does Bowers v. Hardwick, Lawrence v. Texas, and Obergefell v. Hodges all have in common? Each of these Supreme Court cases chronicles the passage of time and advancement in LGBTQ+ rights in America. Not only, however, do they chronicle the rights that have been achieved for LGBTQ+ individuals, but they also chronicle the evolution of the Justices on the bench. These cases here help us understand the influences that encourage the Justice’s decision-making, whether it be the state of the law or the Court’s environment. By analyzing each case, we can understand not only how these cases were decided, …

Replacement Reply Brief For Plaintiff-Appellant Mona Salcida Murillo, Madeline H. Meth

Faculty Scholarship

Defendants’ response brief contains a laundry list of all the ways they think Mona Murillo fell short in trying to vindicate her rights to be free from sex discrimination and retaliation while incarcerated at Salinas Valley State Prison. They devote page after page to cataloging the regulations that govern her claims, describing the intricacies of the three-tiered grievance system, and recounting her repeated efforts to navigate that morass. And from all of that, they draw the conclusion that Murillo’s lawsuit should be thrown out of court.

In the process, Defendants take the exhaustion requirement to an extreme that even the …

Animus, Again, William D. Araiza

William & Mary Bill of Rights Journal

In the first week of his second term, President Donald Trump issued multiple executive orders targeting immigrants and transgender people. Additional actions targeting these and other vulnerable groups have already followed. Others may come; more generally, such orders will likely remain a part of the President’s policy agenda and governing style. These actions call for analysis of the legal tools litigants can deploy to challenge them. That call is urgent, as a response not just to the orders already issued, but to others the Administration might promulgate in the future.

One of those tools is equal protection animus. This Article …

The First Amendment & Censorship: Is This A New Era, Cardozo Center For Rights And Justice, Alexander Reinert, David Rudenstine, Olivier Sylvain

2025–2026 Flyers

No abstract provided.

“That’S Not My Name”: The Linguistic Violence Of Misnaming Parties In Court Proceedings, Robert S. Chang, Cecily C. Hazelrigg, Linda Cj Lee

Washington Law Review

This Article calls attention to the harms done when parties are misnamed in legal proceedings. Misnaming, which many might initially consider trivial, is properly understood as a form of linguistic violence that can inflict dignitary harms as well as have material consequences. Misnaming takes on a different valence when it is done by the state. This Article focuses on the misnaming of Indigenous, Asian, and Latine people, beginning first with the way misnaming is done by the administrative state. The authors then discuss misnaming as it has operated in legal proceedings, providing both historical and contemporary examples from federal and …

Citizen Led Initiatives - Constitutional Amendments & Statutes, Priya Baskaran

Research Reports & White Papers

50-state survey of provisions for amending state constitutions.

Getting There From Here: Reflecting On Compassionate Migration Policy, Steven W. Bender

William & Mary Journal of Race, Gender, and Social Justice

Having written about Latinx issues for more than three decades, with a focus on immigration policy for at least the last two decades, I see no middle ground in this time of Trump. Those who relish hurt and hate, and those scholars who wrote the kindling for that bonfire, must be basking in the glow of their handiwork. Those of us who I claim are on the right side of history must search through the ashes for hope—the where, when, and how to nurture humanity on scorched ground. Counting myself among those searching for hope, I acknowledge the indulgence offered …

"America's Paradise": The Enduring Costs Of Imperialism And Colonial Rule--A Case Study Of The U.S. Virgin Islands, Diamond C. Ash

William & Mary Journal of Race, Gender, and Social Justice

As the United States prepared to enter World War I, it secured another strategic territorial holding in the Caribbean. Six days before declaring war on Germany, the United States purchased the Virgin Islands (USVI) from Denmark—not for economic development or the welfare of its people, but as a military asset. St. Thomas, St. Croix, and St. John became a strategic outpost for naval dominance and national security.

Like other unincorporated U.S. territories, the USVI’s governance was shaped by imperial ambitions and reinforced through legal structures that preserved federal dominance. In practice, this created a system of colonial rule in which …

Manufactured Monstrosity: Analyzing And Challenging The Narrative Of Lgbtq+ Terrorism, Samantha Salter

Colorado Law Student Scholars

No abstract provided.

Portfolio And Appendix Chris M. Larson, Chris M. Larson

Graduate Student Portfolios, Professional Papers, and Capstone Projects

Abstract:

This is a collection of assignments and reflections of my work throughout the course of the Masters in Social Work program at the University of Montana. Included are assignments reflecting on the Indian Child Welfare Act, housing, barriers to care for Non-White and female veterans within the VA clinic, the quality of care in nursing homes, American Drug policy, confidentiality in the YWCA, training on interventions based on Cognitive Behavioral Therapy, cost benefit analysis of in home care programs, and a proposal for my practicum site Missoula Aging Services. It has reflections on the five elements of advanced practice, …

Effectiveness Is Not A Criterion Here: The Curriculum Marketplace And The Students It Leaves Behind, Serena E. Roche

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

The First Amendment & Censorship: Is This A New Era?, Cardozo Center For Rights And Justice, David Rudenstine, Olivier Sylvain

2025 Event Invitations

Professors David Rudenstine (Cardozo) and Olivier Sylvain (Fordham) will discuss censorship both historically and today, and the role that the First Amendment plays in limiting government suppression of speech. Professor Alex Reinert will moderate the discussion.

Can The Free Speech Clause Protect Transgender Expression From The Trump Administration?, Daniel Cooper

Cardozo Journal of Equal Rights & Social Justice

This Article explores how the Free Speech Clause can provide protection to speakers implicated by the Trump administration's executive orders restricting gender-related speech. Part I will provide an overview of how the Trump administration has directed executive authority to stifle gender-non-conforming identity and expression, how those efforts fit within the larger context of right-wing efforts to marginalize transgender people, and why the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution is not currently a useful tool for the protection of trans rights. Part II will examine efforts to regulate government employees' pronoun usage, focusing on whether …

The Weight Of Stigma, Rebekah A. King, Michael S. Sinha

Cardozo Journal of Equal Rights & Social Justice

Many health care providers, both implicitly and explicitly, perpetuate stigma in their treatment of patients classified as obese. While medical professionals understand that a one-size-fits-all approach to treatment is ineffective, patients classified as obese are frequently offered limited treatment options that fail to account for their unique needs. Access to a range of effective treatment options has historically been limited, but new GLP-1 receptor agonist medicines like Wegovy (semaglutide) and Zepbound (tirzepatide), have shown incredible promise in addressing the obesity crisis. Unfortunately, these transformative drugs are costly, in high demand, and not widely covered by insurance, rendering them inaccessible for …

Examine Supreme Court Decisions That Have Influenced The Gender Salary Gap, Shinhae Hwang

Journal of the Symposium of University Research and Creative Expression

Project Mentor(s): Rodrigo Murataya, PhD

Despite significant advancements in gender equality policies and legal frameworks, women consistently earn less than men across various industries and job positions (Blau & Khan, 2017). As of 2023, median weekly wages of full-time women are 83.6 percent of the median weekly wages of men, an increase of just three percentage points since 2004 (BLS 2024). This stalled convergence in the gender gap in wages has led to a large and vibrant research literature that seeks to understand why change has been so slow (England 2010). This paper explores the impact of legislative acts such …

Security And Terrorism Vs Free Expression: Analytical Study On The European Court Of Human Rights, Mariam Adel Massoud

Theses and Dissertations

The 11 of September attacks provide a paradigm shift when it comes to protection of national security. It results in a trending vision that prioritized security over national security, which makes it essential to think about balancing national security with free expression as a pillar of democratization. This study focusses on how the balance between freedom of expression and national security interests is achieved. It studies the legal approached of the European court of human rights and its legal assessment to strike this balance. The findings of this analytical study asserts that in order for the ECtHR to achieve this …

When Love Is Not Enough: The Muñoz Decision And The Erosion Of Family Unity In U.S. Immigration Law, Katerina Fernandez

Immigration and Human Rights Law Review

The Supreme Court’s decision in Department of State v. Muñoz marks a significant shift in U.S. immigration law, reinforcing the doctrine of consular non-reviewability and weakening long-standing protections for family unity. Historically, marriage and family have been recognized as fundamental rights; yet, Muñoz limits judicial oversight of visa denials, allowing for indefinite separations between U.S. citizens and their non-citizen spouses. This piece examines the ruling’s legal and human rights implications, its parallels to family separation policies, and its potential to justify future erosion of parental rights in immigration enforcement. It also examines possible legal avenues to challenge arbitrary family separations, …

A History Of Native People In Nebraska, Part I, Gabriel Bruguier

Truth and Reconciliation History Project

The following isn’t a comprehensive history; the aim is to highlight important events and the ideas of those whose actions brought forth the history of the region and eventually the state of Nebraska. Using an analogy from the book The Nebraska State Constitution, we can think of how the state developed as a sort of fence, a way of separating what is “mine” and “yours”, who is “us” and “them,” and who the “insiders” and “outsiders” are.9 In examining the period leading up to the formation of Nebraska Territory, it is instructive to point to how outside forces desired and …

Voices Of Latinidad: A Truth And Reconciliation Movement To Preserve Latino And Latina History, J.S. Onésimo (Ness) Sándoval

Truth and Reconciliation History Project

This chapter began as a quest to tell the story of Latinidad in Nebraska. It is not meant to be a historical account of Latinos or Latinidad, nor a socioeconomic analysis. Instead, it has evolved into an accessible narrative highlighting the accomplishments of Latinos in Nebraska. The accounts and data presented serve as a public testimony and starting point for discussions that acknowledge Latinos’ presence. These accounts were not designed as an academic treatment for scholarly work but aim to inspire future scholars to research the lives and accomplishments of Latinos in Nebraska. Latinos have long been an integral part …

Native Americans, Part Ii, Kevin Abourezk

Truth and Reconciliation History Project

The Civil Rights Movement of the 1950s and 1960s – aimed at abolishing legalized racial segregation and discrimination across the United States – found expression in Nebraska in many ways. From college protests to marches in Lincoln, the movement found a home within the youth and counterculture communities of Lincoln and Omaha. But less known is the way the movement impacted Native American populations, especially those in remote Nebraska communities. “Just as young Hispanics, Asians, and Native Americans across the nation were learning the lessons of the black experience of the 1960s and expressing their identity as they sought to …

Contributors And Acknowledgments For Roots Of Justice: A History Of Race And Racism In Nebraska

Truth and Reconciliation History Project

Paul A. Olson, M. Dewayne Mays, Gabriel Bruguier, Kevin Abourezk, Preston Love, Jr., with Adam Fletcher Sasse, Heather Fryer, Sharon Ishii-Jordan, Emira Ibrahimpašić, and Julia Reilly

Acknowledgements

Frontmatter And Foreword To Roots Of Justice: A History Of Race And Racism In Nebraska, Bill Arfmann

Truth and Reconciliation History Project

Covers, Table of Contents, and Foreword:

There is much to understand about the history of Nebraska and how the past shapes the present. This book attempts to bring into clearer focus the triumphs and trials of five broad groups whose lives have often been overlooked when the state’s history is told. The authors know some of this history of racism firsthand: Most of them have lived as people of color in Nebraska. They’ve experienced “the good, the bad and the ugly” that makes up our state story. We encourage educators, scholars and family historians to continue to dig, to document …

Introduction To Roots Of Justice: A History Of Race And Racism In Nebraska, M. Dewayne Mays, Paul Olson

Truth and Reconciliation History Project

Nebraska has made racism a way of life through most of its history. It is still the way of life for many. In 2020, a Nebraska columnist wrote the following about Nebraska: “[T]he issues stemming from racism can seem like foreign concepts, confined to the larger cities (or the American South) and relics of a distant past.”2 The column goes on to show that these issues were not confined to large cities or to the South; they rested on our back door in Nebraska. Yet, one often heard back as far as one could remember that Nebraska is not and …

A History Of African Americans In Nebraska, Preston Love Jr., Adam Fletcher Sasse, Le Clara Gilreath, Portia Love, Heather Fryer

Truth and Reconciliation History Project

Black people have been present in Nebraska from its earliest days as a U.S. territory. The first U.S. Census of Nebraska, conducted in 1860, counted eighty-one Black people who, together, formed .28 percent of the young territory’s 28,841 residents. That number grew to 3,443 Black residents in 1900, representing 3.5 percent of the 102,555 residents of the state of Nebraska. The number and location of Black Nebraskans varied greatly through the twentieth century, comprising 13.7 percent of the state’s population in 1940 and 11.8 percent in 2020. Although African Americans have been relatively small in numbers, the historical record reflects …