Civil Rights and Discrimination Commons^™

Teaching Race Without A Critical Mass: Reflections On Affirmative Action And The Diversity Rationale, Kathryn R.L Rand, Steven Andrew Light

Journal of Legal Education

No abstract provided.

Race And Equality Across The Law School Curriculum: The Law Of Tax Exemption, David A. Brennen

Journal of Legal Education

No abstract provided.

Developing A Course On The Rights Of Low-Wage Workers, Shirley Lung

Journal of Legal Education

No abstract provided.

Race, Corporate Law, And Shareholder Value, Thomas W. Joo

Journal of Legal Education

No abstract provided.

Grutter's First Amendment, Paul Horwitz

University of San Diego Public Law and Legal Theory Research Paper Series

Most of the reaction to the Supreme Court's decision affirming the law school affirmative action policy at issue in Grutter v. Bollinger has focused on its Fourteenth Amendment implications. But Grutter also raises significant First Amendment issues. By reaffirming a First Amendment value of "educational autonomy," the Grutter Court raised a host of questions with implications not only for the constitutional law of academic freedom, but for First Amendment jurisprudence generally. This article therefore puts the Fourteenth Amendment to one side and provides a detailed analysis of the First Amendment implications of Grutter.

Some of the consequences of the Court's …

Mental Disorder And The Civil/Criminal Distinction, Grant H. Morris

University of San Diego Public Law and Legal Theory Research Paper Series

This essay, written as part of a symposium issue to commemorate the 50th anniversary of the University of San Diego Law School, discusses the evaporating distinction between sentence-serving convicts and mentally disordered nonconvicts who are involved in, or who were involved in, the criminal process–people we label as both bad and mad. By examining one Supreme Court case from each of the decades that follow the opening of the University of San Diego School of Law, the essay demonstrates how the promise that nonconvict mentally disordered persons would be treated equally with other civilly committed mental patients was made and …

Competency To Stand Trial On Trial, Grant H. Morris, Ansar M. Haroun, David Naimark

University of San Diego Public Law and Legal Theory Research Paper Series

This Article considers the legal standards for the determination of competency to stand trial, and whether those standards are understood and applied by psychiatrists and psychologists in the forensic evaluations they perform and in the judgments they make–judgments that are routinely accepted by trial courts as their own judgments. The Article traces the historical development of the competency construct and the development of two competency standards. One standard, used today in eight states that contain 25% of the population of the United States, requires that the defendant be able to assist counsel in the conduct of a defense “in a …

Rescuing Children From The Marriage Movement: The Case Against Marital Restrictions On Adoption And Assisted Reproduction, Richard F. Storrow

ExpressO

Much of the current cultural debate about marriage in the United States focuses on the need for children to be raised by heterosexual married couples. In the current atmosphere, it is important to examine how marriage functions in contexts where parent-child relationships are determined by more than just genetics and marital presumptions. This Article argues that the favoritism toward marriage in adoption and assisted reproduction relates neither to the purposes of marriage nor to child welfare. Part I subjects marital restrictions on assisted reproduction to an interpretivist microscope, and Part II undertakes a comprehensive comparison of step-parent adoption and second-parent …

National Security Capps Individual Civil Liberties In Times Of Crisis, Matthew D. Greenwell

ExpressO

This note attempts to objectively compare and contrast instances of past national emergencies with the ongoing “war on terror;” from the Supreme Court’s World War II decision of Korematsu, through the Warren Court and the Communist threat, then ending with the Rehnquist Court’s recent decisions of Hamdi, Rasul, and Padilla. In addition, the Computer Assisted Passenger Pre-screening System [CAPPS II] is used as an illustration of a current erosion of individual rights as a result of the “war on terror.” Finally, the note concludes by suggesting that when the war-making branches, based on a perceived threat to national security, infringe …

Apprendi's Limits, Roger Craig Green

ExpressO

This article argues that Blakely v. Washington did not decide (explicitly or implicitly) whether the Federal Sentencing Guidelines are constitutional. It also claims that the best interpretation of Apprendi v. New Jersey would uphold the Guidelines because they do not result in a punishment above the crime of conviction's statutory maximum. The notion that statutory maxima are constitutionally important stems from separation of power principles. Congress, not the Commission, is responsible for defining crimes, and thereby for prescribing how much punishment is authorized by a jury's guilty verdict.

Foreword: Pursuing Equal Justice In The West, Lynne Henderson

Nevada Law Journal

No abstract provided.

The Mississippi Of The West?, Michael S. Green

Nevada Law Journal

No abstract provided.

Rebellious Lawyering, Settlement, And Reconciliation: Soko Bukai V. Ywca, Bill Ong Hing

Nevada Law Journal

No abstract provided.

The Turner Thesis, Black Migration, And The (Misapplied) Immigrant Explanation Of Black Inequality, John Valery White

Nevada Law Journal

No abstract provided.

The March That Never Happened: Desegregating The Las Vegas Strip, Claytee White

Nevada Law Journal

No abstract provided.

Uneasy Tensions Between Children's Rights And Civil Rights, Annette Ruth Appell

Nevada Law Journal

No abstract provided.

Driver's Licenses And Undocumented Immigrants: The Future Of Civil Rights Law?, Kevin R. Johnson

Nevada Law Journal

No abstract provided.

Adventures In Heteronormativity: The Straight Line From Liberace To Lawrence, Joan W. Howarth

Nevada Law Journal

No abstract provided.

Making Up Women: Casinos, Cosmetics, And Title Vii, David B. Cruz

Nevada Law Journal

No abstract provided.

Fighting Racism In The Twenty-First Century, Dorothy A. Brown

Washington and Lee Law Review

No abstract provided.

"We Are An Equal Opportunity Employer": Diversity Doublespeak, Cheryl L. Wade

Washington and Lee Law Review

There are too few discussions about race and race relations among corporate managers and directors. The rhetoric used in these infrequent discussions revolves around the idea of diversity in the workplace. In recent years, when speaking about employees and race issues, corporate actors have become curiously silent about discrimination and racism. This Article provides several examples of the rhetorical devices used by corporate spokespersons that ignore persisting problems with discrimination and racism by focusing solely on diversity efforts. Diversity rhetoric allows corporate managers to avoid responsibility for enduring discrimination in the workplace. Diversity efforts, without antidiscrimination efforts, increase the likelihood …

Games Ceos Play And Interest Convergence Theory: Why Diversity Lags In America's Boardrooms And What To Do About It, Steven A. Ramirez

Washington and Lee Law Review

No abstract provided.

Overcoming Resistance To Diversity In The Executive Suite: Grease, Grit, And The Corporate Promotion Tournament, Donald C. Langevoort

Washington and Lee Law Review

No abstract provided.

Race To The Top Of The Corporate Ladder: What Minorities Do When They Get There, Devon W. Carbado, Mitu Gulati

Washington and Lee Law Review

Racing to the top of the corporate hierarchy is difficult, no matter how qualified or capable the candidate. Producing more widgets than one's competitors is not enough. Negotiating the political landscape of the institution is also required. More specifically, individual corporate officers have to be appeased, powerful interest groups have to be co-opted and made allies, and competitors have to be undermined or eliminated. The more bureaucratic the organization and the more opaque the promotion process, the more important this institutional game to climbing the corporate ladder. This Article identifies the kind of racial minorities or racial types who are …

Race Matters In Bankruptcy, A. Mechele Dickerson

Washington and Lee Law Review

No abstract provided.

The Economics Of Race: When Making It To The Middle Is Not Enough, Elizabeth Warren

Washington and Lee Law Review

No abstract provided.

Making Gay Straight Alliance Student Groups Curriculum-Related: A New Tactic For Schools Trying To Avoid The Equal Access Act, Brian Berkley

Washington and Lee Law Review

No abstract provided.

"Justice Is Slow But Sure": The Civil Rights Movement In The West: 1950-1970, Quintard Taylor

Nevada Law Journal

No abstract provided.

Pensions, Risk, And Race, Dorothy A. Brown

Washington and Lee Law Review

No abstract provided.

Racial Dimensions Of Credit And Bankruptcy, David A. Skeel, Jr.

Washington and Lee Law Review

No abstract provided.