Civil Rights and Discrimination Commons^™

Book Review Of Make Haste Slowly: Moderates, Conservatives, And School Desegregation In Houston, Davison M. Douglas

Faculty Publications

No abstract provided.

Book Review Of Getting Around Brown: Desegregation, Development, And The Columbus Public Schools, Davison M. Douglas

Popular Media

No abstract provided.

Foreword-Symposium: Gender, Work & Family Project Inaugural Feminist Legal Theorylecture, Adrienne D. Davis, Joan C. Williams

Scholarship@WashULaw

This Symposium inaugurates the Annual Feminist Legal Theory Lecture Series of the Washington College of Law's Gender, Work & Family Project. Martha Fineman, in honor of her two towering achievements in feminist jurisprudence, is the first lecturer. The first achievement is her ground-breaking work on dependency, about which we will say more later. The second is her equally influential Feminist Theory Workshop, which she began at the University of Wisconsin, and has since moved to Columbia University and now to Cornell. The annual Workshop has provided the opportunity for scores of scholars to present papers related to feminist jurisprudence, helping …

Law Enforcement And Political Demonstrations As The Whole World Watches: The Rise Of Globocop?, Ibpp Editor

International Bulletin of Political Psychology

This article posits that--at present--the promise of global telecommunications-induced progress for human and civil rights may be oversold.

Trends. The Political Psychology Of Expansion Of Labor Rights For Illegal Immigrants, Ibpp Editor

International Bulletin of Political Psychology

The article discusses the EEOC's recent decision to extend various anti-discrimination rights to illegal immigrants.

Section 6: Civil Rights, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Civil Rights Without Remedies: Vicarious Liability Under Title Vii, Section 1983, And Title Ix, Catherine Fisk, Erwin Chemerinsky

William & Mary Bill of Rights Journal

The Supreme Court has taken an inconsistent approach to allowing vicarious liability under major civil rights statutes. In recent cases, the Court has permitted qualified vicarious liability for supervisors' sexual harassment under Title VII, but rejected vicarious liability under Title IX. Earlier, the Court rejected vicarious liability for local governments sued under Section 1983. In this Article, Professors Fisk and Chemerinsky describe the Court's inconsistent approaches and argue that they cannot bejustfied by the text or legislative history of these statutes. Professors Fisk and Chemerinsky argue that each of these statutes is meant to achieve the same purpose, deterring civil …

Strengthening Title Vii: 1997-1998 Sexual Harassment Jurisprudence, Elizabeth D. Evans

William & Mary Bill of Rights Journal

No abstract provided.

Why Constitutional Torts Deserve A Book Of Their Own, Michael Wells, Thomas A. Eaton, Sheldon H. Nahmod

Scholarly Works

Over thirty years ago, Marshall Shapo coined the term "constitutional tort" to denote a suit brought against an official, charging a constitutional violation and seeking damages. In the years since Shapo's pathbreaking article, the number of such suits has grown exponentially. The suits have generated a host of new substantive and remedial issues, yet conventional casebooks on constitutional law and federal courts give little attention to the area. That Professor Shapiro had four books to include in his review of "Civil Rights" casebooks in the Seattle University Law Review is some indication of a demand for teaching materials currently unmet …

Synopsis Of The Report Of The Second Circuit Task Force On Gender, Racial And Ethnic Fairness In The Courts, Jay C. Carlisle

Elisabeth Haub School of Law Faculty Publications

The recent Report of the Second Circuit Task Force on Gender, Racial, and Ethnic Fairness in the Courts (‘Taskforce‘) observes “some biased conduct toward parties and witnesses based on gender or race or ethnicity has occurred on the part of both judges and lawyers.” “Biased conduct toward lawyers based on gender or race or ethnicity, has occurred to a greater degree.” The Report concludes that such conduct is unacceptable and admonishes all participants in the Second Circuit courts to guard against it. The purpose of this Perspective is to review several sections of the Report. The Perspective is written from …

Book Review Of Forced Justice: School Desegregation And The Law And Race Relations Litigation In An Age Of Complexity, Davison M. Douglas

Faculty Publications

No abstract provided.

Section 5: Civil Rights, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Madiba 80th Birthday Bash July 18, 1998, Desmond Tutu

Archbishop Desmond Tutu Collection Textual

Speech written by Archbishop Tutu for Nelson Mandela's 80th birthday.

Civil Rights, Robin Jean Davis, Louis J. Palmer Jr.

West Virginia Law Review

No abstract provided.

Fax: The White House – May 7, 1998, Remarks By The President, Arab American Institute Conference, Office Of The Press Secretary

Saffy Collection - All Textual Materials

Bill Clinton’s speech for the Arab American Institute Conference May 7, 1998 at Grand Hyatt Hotel Washington, D.C.

Justice John Marshall Harlan As Prophet: The Plessy Dissenter's Color-Blind Constitution, Molly Townes O'Brien

William & Mary Bill of Rights Journal

The concept of color-blindness has long elicited much debate over its precise meaning and the role it should play in jurisprudence. Such debate was catalyzed by Justice John Marshall Harlan's well-known Plessy dissent. In the wake of the efforts of both civil rights activists and conservatives to use color-blindness to further their respective goals, Professor O'Brien seeks to clarify Harlan's vision of color-blind jurisprudence and examines the ways in which recent Supreme Court decisions echo Harlan's concepts regarding a color-blind constitution.

Professor O'Brien first provides a brief introduction to the concept of color-blindness. O'Brien then examines Harlan's experiences in politics …

And What Of The Meek?: Devising A Constitutionally Recognized Duty To Protect The Disabled At State Residential Schools, Yama Shansab

William & Mary Bill of Rights Journal

Section 1983 provides a statutory right to a remedy for Fourteenth Amendment due process violations. The Supreme Court has suggested that the state only has a duty to protect when an individual is incarcerated, involuntarily institutionalized, or has other similar restraints of his or her personal liberty. Based on this, courts generally have found that schools have no constitutional duty to protect their students against injury from other students or staff members. Lower courts have struggled with what constitutes other similar restraints, but have generally been unwilling to find that a state has a constitutional duty in all but the …

Conceptual Gulfs In City Of Boerne V. Flores, Douglas Laycock

William & Mary Law Review

No abstract provided.

Civil Rights Division Association Symposium: The Civil Rights Division At Forty, Howard Glickstein, Stephen J. Pollack, Brian Landsberg, Harold Greene, St. John Barrett, Paul F. Hancock, Muriel Spence, Michael Middleton, James A. Turner

Scholarly Works

No abstract provided.

Fax: The White House Office Of The Press Secretary December 8, 1997, The White House

Saffy Collection - All Textual Materials

Memorandum for the Secretary of State. A fax disseminate the “Presidential determination on waiver and certification of statutory provisions regarding the Palestine Liberation Organization”.

Section 6: Civil Rights, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

House Rules: Is A Supermajority Requirement For Tax Hikes Constitutional?, John O. Mcginnis, Michael B. Rappaport, Susan Low Bloch

Articles

No abstract provided.

Introduction, Symposium On Section 1983 (Symposium Editor), Sheldon Nahmod

All Faculty Scholarship

No abstract provided.

The Restructuring Of Narrative And Empathy In Section 1983 Cases (Symposium), Sheldon Nahmod

All Faculty Scholarship

No abstract provided.

Affirmative Action, A Look At South Africa And The United States: A Question Of Pigmentation Or Leveling The Playing Field, Lundy Langston

Journal Publications

Affirmative action is one of the most divisive issues in the United States today.' Proponents of affirmative action argue that the United States has not come far enough in leveling the playing field. They argue that affirmative action programs are needed as much today-if not more-than when the balancing policies initially took effect. Opponents of affirmative action argue that race-based decision-making is undemocratic and discriminates against the majoritarian members in United States society. As we prepare to exit the twentieth century, we are confronted with the need to resolve the affirmative action dilemma. Do we eliminate affirmative-action programs altogether and …

Race, Cops, And Traffic Stops, Angela J. Davis

Scholarly Articles in Law Reviews & Journals

This article discusses the Supreme Court's failure to provide a clear and effective remedy for discriminatory pretextual traffic stops. The first part explores the discretionary nature of pretextual stops and their discriminatory effect on African-Americans and Latinos. Then, the article examines Whren v. United States, a Supreme Court case in which the petitioners claimed that these “pretextual stops” violate the Fourth Amendment to the Constitution and are racially discriminatory. The Supreme Court rejected the claim, upholding the constitutionality of pretextual stops based on probable cause and noting that claims of racial discrimination must be challenged under the Equal Protection Clause. …

Legal Ordering Of Family Values: The Case Of Gay And Lesbian Families, Craig W. Christensen

Cardozo Law Review

In the ordinary course of events, an adoption proceeding in the New York County Surrogate's Court is an unlikely candidate for attention in the editorial pages of the New York Times. But In re the Adoption of a Child Whose First Name is Evan was not an everyday proceeding, as Times columnist Anna Quindlen observed.

An Old Debate Continues Over Integrated Schools, Davison M. Douglas

Faculty Publications

No abstract provided.

A New Image Of The Slave Auction: An Empirical Look At The Role Of Law In Slave Sales And A Conceptual Reevaluation Of Slave Property, Thomas D. Russell

Cardozo Law Review

The slave auction is among the most powerful images in the history of the United States. Depictions of slave auctions vary, but of the recurring compositional elements, the most fearful and moving is the separation by sale of a young child from his or her mother. The slave auction image starkly represents the inhumanity of American slavery, the racism of the United States, and the contradictions of American liberalism.

Hegel’S Slaves, Blackstone’S Objects, And Hohfeld’S Ghosts: A Comment On Thomas Russell’S Imagery Of Slave Auctions, Jeanne L. Schroeder

Cardozo Law Review

Thomas Russell's wonderful paper A New Image of the Slave Auction is an example of how the best empirical work can result in conclusions that are so obviously "right" that they risk being mistaken as obvious. His paper serves as an important warning against a recurring problem in legal, as well as other scholarship: Picture thinking-in the sense of an unconscious (and as a result, unquestioning and uncritical) acceptance of familiar, traditional, comfortable imagery-so often blinds us.