Civil Rights and Discrimination Commons^™

Reasonable Accommodation Under The Ada: Are Employers Required To Participate In The Interactive Process? The Courts Say "Yes" But The Law Says "No", John R. Autry

Chicago-Kent Law Review

The Americans with Disabilities Act ("ADA") generally requires employers to "reasonably accommodate" a "qualified" employee's disability. Unfortunately, the ADA is silent as to the appropriate method for fashioning reasonable accommodations. The Equal Employment Opportunity Commission ("EEOC") issued regulations endorsing an "interactive process" by which an employer and its "qualified" disabled employee work together to devise the proper accommodation. However, the Supreme Court has yet to determine whether courts must defer to these regulations, leaving the circuit courts of appeals to issue differing opinions on whether the EEOC's interactive process is best characterized as a requirement or merely a suggestion.

Thus, …

The Networking Economic Effects Of Whiteness, Brant T. Lee

American University Law Review

Network economic analysis provides an important and intuitive explanation of racial inequality. In short, Whiteness is Microsoft's Windows operating system, or the QWERTY keyboard, or the standard (non-metric) measurement system, and difficult to dislodge for many of the same reasons. Network effects explain how the establishment of a dominant market standard 1) can be contingent on historical context, 2) does not necessarily derive from superior intrinsic merit, and 3) exhibits strong self-reinforcing characteristics that can maintain the dominance of the standard in perpetuity, even in the absence of any explicit or conscious determination to maintain it. All of these factors …

Critical Race Histories: In And Out, Darren Lenard Hutchinson

UF Law Faculty Publications

This Article contributes to the completion of some “unfinished business” within Critical Race Theory by engaging insufficiently examined external and internal critiques of critical race scholarship. The external critique of critical race nihilism and the new insider critique that dichotomizes identity theories and material harm warrant extended reflection because there are critical deficiencies that problematize these arguments. The nihilism critique, for example, falsely associates CRT with more radical forms of postmodernism and overlooks leading works in CRT which demonstrate that Critical Race Theorists inhabit an admittedly contradictory space. Critical Race Theorists radically deconstruct the racial hierarchies that law constitutes and …

Information Packet For The Civil Rights Movement In Florida Conference. June 3-6, 2004. St. Petersburg, Florida

Textual material from the Rodney Lawrence Hurst, Sr. Papers

Information packet from USF to Rodney Hurst confirming him as panelist for "The Civil Rights Movement in Florida" Conference. Folder 3

Re-Mapping Equal Protection Jurisprudence: A Legal Geography Of Race And Affirmative Action, Reginald Oh

American University Law Review

No abstract provided.

Fifteen Famous Supreme Court Cases From Georgia, Dan T. Coenen

Scholarly Works

John Inscoe, UGA professor of history and editor of the New Georgia Encyclopedia, invited Hosch Professor Dan T. Coenen to contribute a series of essays on the most significant U.S. Supreme Court cases that originated in the state of Georgia. This article, which proposes an unranked top 15 list, is built on this work.

The Right To Family Life And Civil Marriage Under International Law And Its Implementation In The State Of Israel, Yuval Merin

ExpressO

The article deals with the protection of the right to family life under international law and its implementation in the State of Israel on three levels: protection of the family cell as a single unit; protection of the individuals comprising the family unit; and protection of the family in special circumstances (e.g., immigration rights).

The article begins by analyzing the characteristics of the right to family life and examining various definitions of the “family” under international and Israeli law. It also examines what it is that the right to family life encompasses and how it should be classified within the …

Aiding Terrorists: Hearing Before The S. Comm. On The Judiciary, 108th Cong., May 5, 2004 (Statement Of David D. Cole, Geo. U. L. Center), David Cole

Testimony Before Congress

No abstract provided.

American Slavery: The Complete Story, Gerald A. Foster

Cardozo Public Law, Policy & Ethics Journal

The article "American Slavery: The Complete Story" by Gerald A. Foster argues that slavery is a pivotal and enduring element of American history, with its effects still evident today. It emphasizes the need for a more accurate and inclusive historical education, highlighting how race was used to justify slavery and the ongoing impacts of this legacy on modern society. The author advocates for a revised curriculum that acknowledges the true nature of slavery and its contributions to systemic racism.

Limiting The Autonomy Of Cooperative Apartment Corporation Governing Boards, John L. Barone

Cardozo Public Law, Policy & Ethics Journal

The article argues that proposed legislation requiring cooperative apartment corporation governing boards to provide written explanations for rejecting applicants undermines the business judgment rule, which protects boards' autonomy as long as they act in good faith. This rule, supported by cases like Levandusky v. One Fifth Avenue Apartment Corp. and Weisner v. 791 Park Avenue Corp., shields boards from liability unless bad faith or discrimination is shown. The article contends that the legislation would erode this protection, potentially leading to increased litigation and weaker governance.

If Women Don't Ask: Implications For Bargaining Encounters, The Equal Pay Act, And Title Vii, Charles B. Craver

Michigan Law Review

Last spring, Jennifer and Richard graduated from the same law school with similar backgrounds. Both were offered associate positions with the same law firm and a $75,000 starting salary. Jennifer enthusiastically accepted the firm's offer, but Richard was hesitant. He informed the hiring partner that comparable firms in this area were paying new associates $80,000 per year. The partner offered Richard a starting salary of $80,000, which he accepted. Felicia and Harold manage similar departments for an e-commerce business. They have similar backgrounds, and have been with this firm for the same number of years. When Harold meets with the …

Generalizing Disability, Michael Ashley Stein

Michigan Law Review

Published in 1949, Joseph Tussman and Jacobus tenBroek's article The Equal Protection of the Laws has exerted longstanding influence on subsequent Fourteenth Amendment scholarship. Insightfully, Tussman and tenBroek identified a paradox: although the very notion of equality jurisprudence is a "pledge of the protection of equal laws," laws themselves frequently classify individuals, and "the very idea of classification is that of inequality." Notably, classification raises two sometimes concurrent varieties of inequality: over-inclusiveness and under-inclusiveness. Of these, over-inclusiveness is a more egregious equal protection violation due to its ability to "reach out to the innocent bystander, the hapless victim of circumstance …

The Banality Of Evil And The First Amendment, W. Bradley Wendel

Michigan Law Review

In the late spring and early summer of 1994, hundreds of thousands of people in Rwanda - an estimated ten percent of the population - were brutally murdered by their fellow citizens, generally for the "crime" of belonging to the socially and economically dominant, but numerically minority Tutsi ethnic group. The slaughter followed a systematic propaganda campaign coordinated by the Rwandan government, dominated by members of the Hutu ethnic group, who had long harbored grievances against Tutsis. The campaign demonized Tutsis as "devils," stirred up fear among the largely rural and poor Hutu population by propagating false information about a …

Forfeiting Liberty: A Collective Sense Of Vulnerability And The Need For Proactive Protection After 9/11, Ally Hack

Cardozo Public Law, Policy & Ethics Journal

The note argues that the post-9/11 era has seen a significant erosion of civil liberties, particularly for Arab-Americans and Muslims, drawing parallels to historical episodes of national fear and paranoia, such as Japanese internment during World War II and McCarthyism. It contends that the U.S. response to the attacks, including the expansion of surveillance and detention powers under the USA PATRIOT Act, threatens First Amendment rights and democratic values. The analysis emphasizes the importance of protecting civil liberties and maintaining open debate, even during times of crisis, to ensure a stable and just society.

The Race To The Bottom: The United States' Influence On Mexican Labor Law Enforcement, Jenna L. Acuff

San Diego International Law Journal

There are several theories why the Mexican government has refused to enforce the stringent laws enumerated in the Mexican Constitution. For example, the North American Social Dumping Theory and Mexico's desire to retain foreign direct investment from foreign countries as a source of revenue and employment. This Comment seeks to analyze and expound on these theories and to develop two additional theories that have only been discussed in passing. Part II begins with a brief look at the history of Mexican labor, including pre- and post-Revolution working conditions. Part III discusses Mexico's encouragement and protection of foreign direct investment and …

Writing Their Faith Into The Law Of The Land: Jehovah's Witnesses, The Supreme Court And The Battle For The Meaning Of The Free Exercise Clause, 1939-1945, Patrick J. Flynn

ExpressO

The article traces the development of free exercise jurisprudence through the battles of Jehovah's Witnesses before the Court, and the battles on the Court between Justices Black, Douglas and Frankfurter to establish their constitutional faiths as the law of the land during a brief period in the early 1940's when these issues came before the Court in a flurry of decisions, then disappeared.

Rights At United States Borders, Jon Adams

ExpressO

This article explores protections available under the Fourth and Fifth Amendments to the United States Constitution. Contrary to opinions in popular culture, and perhaps even among Customs officials, powers to search, seize, and interrogate at United States border crossings are not unlimited. In the current world climate of security and threat, a discussion regarding the level of intrusiveness available to a zealous Customs agent appears particularly relevant. The article addresses the requirements for search, seizure, and interrogation, as well as the lawful conditions and limits upon each activity.

International Child Abductions: The Challenges Facing America , Charles F. Hall

ExpressO

International child abductors often escape domestic law enforcement and disappear without consequence or resolution. International child abductions occur too frequently; in the United States alone, the number of children abducted abroad every year has risen to over 1,000. Currently, 11,000 American children live abroad with their abductors. These abductions occur despite international treaties and the Congressional resolutions that have significantly stiffened the penalties for those caught. Effectively combating international child abductions requires drafting resolutions that are acceptable across the diverse societies and cultures of the international community. Without such resolutions to fill the gaps of current treaties this problem will …

Human Rights Treaty Drafting Through The Lens Of Mental Disability: The Proposed International Convention On Protection And Promotion Of The Rights And Dignity Of Persons With Disabilities, Aaron A. Dhir

Cornell Law School Inter-University Graduate Student Conference Papers

In this piece I explore whether, if established, the proposed International Convention on Protection and Promotion of the Rights and Dignity of Persons with Disabilities will be an effective way to limit abuses of the rights of persons diagnosed with mental disabilities. In Section I, I discuss the failure of international human rights law to effectively address these abuses to date. In Section II, I consider the debate surrounding the need for a disability-specific Convention. In Section III, I argue that in order for the proposed Convention to be effective, and not simply a hollow mechanism, it must reject the …

Equality Without Tiers, Suzanne Goldberg

Rutgers Law School (Newark) Faculty Papers

No abstract provided.

The Cocaine Vaccine, Dru Stevenson

ExpressO

The controversial new cocaine vaccine (TA-CD) has the potential to be an extremely effective treatment tool for recovering addicts, but it also presents opportunities for non-therapeutic uses, such as preventing cocaine use in the first place. It is foreseeable that the cocaine vaccine could become a condition of parole or probation, or receiving welfare payments, or for employment in certain occupations. Universal vaccination is also a possibility but less likely for political reasons. This article investigates each of these areas of potential use. Any setting where mandatory drug testing is currently in place could become a venue for the vaccination. …

Intentional Job Discrimination-New Tools For Our Oldest Problem, Alfred W. Blumrosen, Ruth G. Blumrosen

University of Michigan Journal of Law Reform

The roots of employment discrimination lie deep in our history. By the 18th century, race slavery was the underpinning of wealth in the southern colonies. Black slaves were considered property - subhumans who had no rights in themselves or their offspring. In 1765, the British imposed "stamp taxes" on the colonies; the colonies resisted. In 1766, Parliament claimed the power to govern the colonies in all matters, but by 1770 it had repealed almost all the taxes that offended the colonists. "Business as usual" returned to the relations between the colonies and Britain.

A Critical Linguistic Analysis Of Equal Protection Doctrine: Are Whites A Suspect Class, Reginald Oh

Law Faculty Articles and Essays

This Article contends that the linguistic structure of equal protection doctrine has played a major role in shaping and influencing its evolution and development. To show how linguistic structure shapes substantive legal discourse, this Article will examine a fundamental question that deals with equal protection law: when should the Court subject a law to heightened judicial scrutiny? Typically, when dealing with equal protection challenges to governmental action, the Court will generally defer to legislative judgment, presume the constitutionality of the legislation, and uphold the statute. However, under some circumstances, the Court will remove the presumption of constitutionality and subject certain …

Actions Founded On Statutory Liability: Adopting A Limitations Period For Attorneys' Fees Actions Brought Under The Individuals With Disabilities Education Act, Darren A. Craig

Indiana Law Journal

No abstract provided.

Brown'S Legacy Then And Now: Race And Law School Admissions Debates Continue After Nearly 70 Years, Lauren M. Collins

Law Faculty Articles and Essays

Next month marks the 50th anniversary of the landmark desegregation case Brown v. Board of Education. Although this case represents a major victory in the battle for civil rights, the struggle against racism in education began some 20 years prior to Brown. During the 1930s and 1940s, at least seven African-American law school candidates aggressively challenged the unequal treatment of minority applicants in state courts, some eventually reaching the U.S. Supreme Court. Early successes in these cases lead to the more sweeping Brown decision, which then contributed to further law school admission policy reform. Discussion about the role of …

More Than Segregation, Racial Identity: The Neglected Question In Plessy V. Ferguson, Thomas J. Davis

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Enforcing Brown In The Little Rock Crisis, Tony A. Freyer

The Journal of Appellate Practice and Process

No abstract provided.

Symposium Discussion

The Journal of Appellate Practice and Process

No abstract provided.

Speech On Brown V. Board Of Education, May 1, 1981, Paul E. Wilson

The Journal of Appellate Practice and Process

No abstract provided.

A Time To Lose, D. P. Marshall Jr.

The Journal of Appellate Practice and Process

No abstract provided.