Civil Rights and Discrimination Commons^™

Ideology Between Fiction And Fantasy, Slavoj Zizek

Cardozo Law Review

In his movie version of Franz Kafka's The Trial, Orson Welles accomplished an exemplary anti-obscurantist operation by way of reinterpreting the place and the function of the famous parable on "the door of the Law." In the film, we hear it twice: at the very beginning, it serves as a kind of prologue, read and accompanied by (faked) ancient engravings projected from lantern-slides; then, shortly before the end, it is told to Josef K., not by the priest (as in the novel), but by K.'s lawyer (played by Welles himself) who unexpectedly joins the priest and K. in the …

State Constitutional Torts: Deshaney, Reverse-Federalism And Community, Sheldon Nahmod

All Faculty Scholarship

No abstract provided.

The Rise And Fall Of Supreme Court Concern For Racial Minorities, John E. Nowak

William & Mary Law Review

No abstract provided.

The Constitution And The Subgroup Question, Martha Minow

Indiana Law Journal

Presented on Nov. 18, 1994, Indiana University School of Law-Bloomington as the 1994 Harris Lecture.

The Brown Symposium – An Introduction, Thomas B. Mcaffee

Scholarly Works

This article is an introduction to a symposium sponsored by Southern Illinois University regarding Brown v. Board of Education.

Civil Rights: Title Ix And College Athletics: Is There A Viable Compromise?, Andrew A. Ingrum

Oklahoma Law Review

No abstract provided.

Political And Social Construction Of Families Through Pedagogy In Family Law Classrooms, Lundy Langston

Journal Publications

Most family law materials available today fail to reflect the diversity' of family arrangements in modem society. Traditionally, family law is taught as a rules-based area of law. Students learn the requirements of marriage and the grounds for and consequences of divorce. Currently, there are efforts to expand the codification of family law through such things as support guidelines, uniform acts, and legislation listing specific factors to be considered in custody and property distribution cases. Many of these efforts stem from the underlying assumption that there is a uniform methodology describing and defining doctrine appropriate for resolution of family related …

Book Review Of The Separate City: Black Communities In The Urban South, Davison M. Douglas

Popular Media

No abstract provided.

The Unconscious And The Law The Law And The Unconscious, Jorge Degregorio

Cardozo Law Review

The god Apollo, whose diverse gifts included the ability to interpret dreams, was recognized as the first author of the law, which was dictated through his oracle in Delphi. For his sacred person, dreams were laws and laws, dreams. Let us invent a story in order to fill in the missing pages of the myth:

Laws, as well as the power to decipher the soul's mysteries from dreams, were bestowed upon the Androgyns by the god. Once they acquired the power of law and of dream interpretation, they attempted to scale Olympus and sit on the gods' stage. Zeus, presiding …

Benjamin And The Faculty Of Mimesis, Jeneen Hobby

Cardozo Law Review

No abstract provided.

Section 4: Civil Rights, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Imposition, Richard Delgado, Jean Stefancic

William & Mary Law Review

No abstract provided.

Ethnicity And Prejudice: Reevaluating "National Origin" Discrimination Under Title Vii, Juan F. Perea

William & Mary Law Review

No abstract provided.

The Civil Rights Act Of 1991: A Continuation Of The Wards Cove Standard Of Business Necessity, Philip S. Runkel

William & Mary Law Review

No abstract provided.

Operation Rescue Versus A Woman's Right To Choose: A Conflict Without A Federal Remedy?, Randolph M. Mclaughlin

Elisabeth Haub School of Law Faculty Publications

This article discusses the need for federal protection of women seeking abortion-related services and the denial of protection of those women by the Supreme Court's narrow holding in Bray. Part II examines the precedents leading up to the Bray decision. A review of these cases demonstrates that Operation Rescue is a national conspiracy aimed at eliminating the right to abortion. The group uses physical force and blockades clinics in order to deny women and health care workers access to these facilities. In light of the inability or unwillingness of local law enforcement agencies to provide access to the clinics and …

Force African-American Fathers To Parent Their Delinquent Sons - A Factor To Be Considered At The Dispositional Stage, Lundy Langston

Journal Publications

What species can survive and function when a substantial segment of its young male population is harnessed by the burdens of substance abuse, unemployment, and incarceration? Empirical data suggests that these maladies have infected African-American males at a rate alarmingly disproportionate to that of other races. This trend, if it continues, suggests that America is creating a dysfunctional class. In this Article the term "dysfunctional" refers to a predicament wherein African-American males engage in violent activities.' Their conduct may be attributable to their inability to contribute to the family or smaller groups which form the foundation of the social order …

Speech: The Handover, Desmond Tutu

Archbishop Desmond Tutu Collection Textual

The speech that Archbishop Tutu made in Pretoria South Africa during the handing over of the Truth & Reconciliation Commission final report to President Thabo Mbeki. Handwritten notes throughout typewritten speech.

Civil Rights: People V. Dieppa

Touro Law Review

No abstract provided.

Legal Indeterminacy, Judicial Discretion And The Mexican-American Litigation Experience: 1930-1980, George A. Martinez

Faculty Journal Articles and Book Chapters

This article explores a jurisprudential point: legal indeterminacy in the context of Mexican-American civil rights litigation. The article argues that because of legal uncertainty or indeterminacy the resolution of key issues was not inevitable. Judges often had discretion to reach their conclusions. In this regard, the article concludes that the courts generally exercised their discretion by taking a position on key issues against Mexican-Americans. The article points out that exposing the exercise of judicial discretion and the lack of inevitability in civil rights cases is important for two major reasons. At one level, exposing the exercise of judicial discretion is …

Parents' Religion And Children's Welfare: Debunking The Doctrine Of Parents' Rights, James G. Dwyer

Faculty Publications

The scope, weight, and assignment of parental rights have been the focus of much debate among legal commentators. These commentators generally have assumed that parents should have some rights in connection with the raising of their children. Rarely have commentators offered justifications for attributing rights to persons as parents, and when they have done so they have failed to subject those justifications to close scrutiny. This Article takes the novel approach of challenging parental rights in their entirety. The author explores the fundamental questions of what it means to say that individuals have rights as parents, and whether it is …

The Second Amendment And The Personal Right To Arms, William W. Van Alstyne

Faculty Publications

For many years, the Second Amendment was politely ignored, or summarily dismissed, by America's legal academy. In recent years, however, more and more law professors have begun taking the Second Amendment seriously. Professor William Van Alstyne, one of the nation's most respected Constitutional law professors, and the author of a leading Constitutional law casebook; offers his contribution in this essay. Van Alstyne suggests that the Second Amendment means exactly what it says: that individual citizens have a right, not merely a privilege, to own and carry firearms. He also commends the National Rifle Association for its constructive role as a …

From Crippled To Disabled: The Legal Empowerment Of Americans With Disabilities, Michael Ashley Stein

Faculty Publications

No abstract provided.

Judicial Opinions As Binding Law And As Explanations For Judgments, Thomas W. Merrill

Cardozo Law Review

To what extent does the executive branch have autonomous powers of legal interpretation? The issue is often broadly framed in terms of two disparate understandings of the allocation of interpretative power: "judicial supremacy" and "departmentalism." In this paper, I shall speak of two different understandings of judicial opinions: the idea that judicial opinions (or at least the "holdings" of opinions) are legally binding on actors in the executive branch, and the idea that opinions are, from the perspective of executive actors, merely explanations for judicial judgments. I adopt this locution because it focuses more precisely on the core of the …

The Americans With Disabilities Act “Readily Achievable” Requirement For Barrier Removal: A Proposal For The Allocation Of Responsibility Between Landlord And Tenant, Karen E. Field

Cardozo Law Review

The Americans with Disabilities Act ("ADA") was enacted July 26, 1990. Title III of the ADA, which prohibits discrimination in privately owned places of public accommodation, became effective on January 26, 1992. Members of both the legal and business communities have expressed concern over the attendant costs of compliance with what is commonly referred to as the "barrier removal" requirement of Title III. This provision requires that-to insure that disabled individuals have complete access to goods and serviceslandlords and tenants must "remove architectural, and communication barriers that are structural in nature, in existing facilities ... where such removal is readily …

Jacob Burns And The Institute For Advanced Legal Studies, David G. Carlson

Cardozo Law Review

Jacob Burns lived a long and fabled life, which was obviously its own reward. Among the very many things that could be said, and the thing I would like to memorialize here, is the profound legacy Mr. Bums left behind at Benjamin N. Cardozo School of Law, where he served as chairman of the board for many years and as founder of the Jacob Bums Institute for Advanced Legal Studies. In his memory, I would like to say a little about the history of this endeavor and Mr. Burns's role in it.

Certificate: In Appreciation For 25 Years Of Service, Florida Community College At Jacksonville, Florida Community College At Jacksonville

Saffy Collection - All Textual Materials

No abstract provided.

The Violence Against Women Act: Civil Rights For Sexual Assault Victims, W. H. Hallock

Indiana Law Journal

No abstract provided.

Fairness And Finality: Third-Party Challenges To Employment Discrimination Consent Decrees After The 1991 Civil Rights Act, Marjorie A. Silver

Scholarly Works

In this Article, Professor Silver examines Section 108 of the Civil Rights Act of 1991, which limits challenges to employment practices taken pursuant to employment discrimination consent decreea The Article traces the development of the impermissible collateral attack doctrine, that doctrine's demise in Martin v. Wilks, and Congress' response to Martin as embodied in Section 108. Professor Silver also suggests ways in which Section 108 should be administered to comply with the Due Process Clause and argues for specific additional federal legislation to protect non-litigants or potential third-party challengers as well as to foster the utility and finality of legitimate …

Civil Liberties Constraints On Tribal Sovereignty After The Indian Civil Rights Act Of 1968, Robert Berry

Librarian Publications

The Indian Civil Rights Act of 1968 provided a legislative answer to the question of whether, and to what extent, fundamental civil liberties recognized in constitutional law should constrain federally recognized Indian Tribes in the exercise of their sovereign powers. In enacting this law, Congress weighed its desire to protect individuals from arbitrary and overly intrusive tribal actions against the tribes' interest in retaining their legal capacity to act as self-governing entities. Congress struck the balance between these two competing interests by drafting a bill of rights that reflected the particular circumstances of the tribes. The possibility of an appeal …

Reagan Redux: Civil Rights Under Bush, Neal Devins

Faculty Publications

No abstract provided.