Civil Rights and Discrimination Commons^™

Boy Scouts & Burning Crosses: Bringing Balance To The Court’S Lopsided Approach To The Intersection Of Equality And Speech, Russell K. Robinson

ExpressO

This article identifies a previously-ignored pattern of Supreme Court decisions that privilege one competing constitutional value, either speech or equality, and subordinate the other—with little or no reasoning explaining its choice. In adjudicating such cases, including two cases decided last term, the Supreme Court has steadfastly treated these disputes as either a basic equality case or a simple speech case. This dichotomy is a problem because once the Court places a case within either a speech or equality paradigm, it is constrained by certain rigid analytical presumptions. These presumptions threaten to stunt the analysis and to deprive the Court of …

Protecting Access To Extracurricular Activites: The Need To Recognize A Fundamental Right To A Minimally Adequate Education, Nicholas A. Palumbo

Brigham Young University Education and Law Journal

No abstract provided.

When Equality Leaves Everyone Worse Off: The Problem Of Leveling Down In Equality Law, Deborah L. Brake

ExpressO

Existing case law and legal scholarship assume that inequality may be remedied in one of two ways: improving the lot of the disfavored group to match that of the most favored group, or lowering the level of treatment for the favored group until their members fare as badly as the persons complaining of inequality. The term “leveling down” refers to the latter response. The 1971 case of Palmer v. Thompson provides the classic example of the typical judicial response to leveling down: the Supreme Court accepted the decision of Jackson, Mississippi, to close its swimming pools, rather than operate them …

Constitutional Interpretation And Coercive Interrogation After Chavez V. Martinez, John T. Parry

ExpressO

Using the Supreme Court's decision last Term in Chavez v. Martinez as a launching pad, this article reveals and addresses fundamental tensions in constitutional interpretation, the law of interrogation, and civil rights litigation. First, this article highlights the importance of remedies to the definition of constitutional rights, which compels us to jettison the idea of prophylactic rules and accept Congress's role in constitutional interpretation. Armed with these insights, the article next considers the law of coercive interrogation. I explain why the privilege against self-incrimination is more than a trial right, and I redefine the central holding of Miranda to take …

The Sport Of Numbers: Manipulating Title Ix To Rationalize Discrimination Against Women, Lisa Yonka Stevens

Brigham Young University Education and Law Journal

No abstract provided.

A Custodial Suspect's Right To The Assistance Of Counsel – The Ambivalence Of Israeli Law Against The Background Of American Law, Rinat Kitai

Brigham Young University Journal of Public Law

No abstract provided.

After Grutter V. Bollinger Higher Education Must Keep Its Eyes On The Tainted Diversity Prize Legacy, L. Darnell Weeden

Brigham Young University Journal of Public Law

No abstract provided.

Affirmative Action: Challenges And Opportunities, Jeramy R. Green

Brigham Young University Education and Law Journal

No abstract provided.

Viewpoint Discrimination By Public Universities: Student Religious Organizations And Violations Of University Nondiscrimination Policie, Mark Andrew Snider

Washington and Lee Law Review

No abstract provided.

Applications For Benefits: Due Process, Equal Protection, And The Right To Be Free From Arbitrary Procedures, Virginia T. Vance

Washington and Lee Law Review

No abstract provided.

Connecting The Dots: Grutter, School Desegregation, And Federalism, Wendy Parker

William & Mary Law Review

No abstract provided.

Domestic Violence And The Politics Of Privacy, By Kristin A. Kelly [Book Review], Cynthia Grant Bowman

Cornell Law Faculty Publications

No abstract provided.

Single-Sex Classes In Public Secondary Schools: Maximizing The Value Of A Public Education For The Nation's Students, Ashley E. Johnson

Vanderbilt Law Review

Throughout the United States, school districts are struggling to educate their students in the face of drug problems, violence, and deteriorated home situations that permeate the lives of large numbers of today's teenagers. Many parents likewise face a daunting battle in helping their children attain an education that will enable those children to move beyond what their parents achieved financially. Additionally, recent economic downturns mean states have even less money to spend on education, forcing the quality of education in some already inadequate schools to fall further. Meanwhile, studies show that American children have fallen behind many of their foreign …

Brief For The Lawyers' Committee For Civil Rights Under Law; Aarp; The American Civil Liberties Union Foundation; The Legal Aid Society – Employment Law Center; The National Asian Pacific American Legal Consortium; The National Association For The Advancement Of Colored People; The National Employment Lawyers Association; The National Partnership For Women And Families; The National Women's Law Center; And Now Legal Defense And Education Fund; As Amici Curiae In Support Of Respondent, Susan Grover, Patricia E. Roberts, Barbara R. Arnwine, Thomas J. Henderson, Michael L. Foreman, Sarah R. Crawford, Audrey Wiggins

Briefs

No abstract provided.

Correspondence: Thank You Note 2/20/04, Planned Parenthood Note Card, Carole Ann Steiger

Saffy Collection - All Textual Materials

Thank you letter to Dr. Edna L. Saffy.

Enemies Foreign And Domestic: A Historical Look At The Use Of Military Commissions By The United States And The Case For Using Them Against American Citizens, James T. Barnett

ExpressO

An historical look at the use of Military Commissions by the United States of America. This article examines the constitutional powers to use Military Commissions as well as the limitations on such commissions.

It also examines the use of these commissions against American citizens and argues that they are proper in certain circumstances. The limitations set out by the Supreme Court are eroded to the point of being void.

The article goes on to examine the cases of John Walker Lindh and Yasser Hamdi to show that Military Commissions are the proper forum for such cases.

Legal Title To Land As An Intervention Against Urban Poverty In Developing Nations, Bernadette Atuahene

All Faculty Scholarship

One intervention intended to ameliorate poverty and its subsidiary effects is the distribution of legal title to land to poor urban dwellers, otherwise known as land titling. Given the billions of dollars that the World Bank, country-based development agencies, regional development banks, and developing countries themselves have spent on land titling programs, it has become one of the most important property law issues confronting the developing world. Several countries have undertaken comprehensive urban land titling programs to transform the dwellings of those who live in the squalor of squatter settlements into assets recognized by the formal sector. This Article accepts …

The Emerging Section 1983 Private Party Defense, Sheldon Nahmod

All Faculty Scholarship

No abstract provided.

Autonomy, Gay Rights And Human Self-Fulfillment: An Argument For Modified Liberalism In Public Education, Vincent J. Samar

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

No abstract provided.

A Nazi War Criminal As A Standard Bearer For Gender Equality? The Strange Saga Of Johann Breyer, Michael M. Pavlovich

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

No abstract provided.

Us V. Harrington, 354 F. 3d 178 - Court Of Appeals, 2nd Circuit 2004, Roger J. Miner '56

Circuit Court Opinions

Defendant-appellant Christopher Main appeals from a judgment entered in the United States District Court for the District of Vermont (Murtha, C.J.), following a plea of guilty, convicting Main of mail fraud and conspiracy to distribute and to possess with intent to distribute various controlled substances, sentencing him principally to 324 months' imprisonment, and ordering restitution of $29,211.50. Once again, we are faced with the complexities involved in striking a balance between enforcing strict adherence to the provisions of Fed.R.Crim.P. 11 and disregarding variances from the rule that do not affect defendants' substantial rights.

In July 1999, during Main's plea …

Introduction To Law, Ethics, And Affirmative Action In America, Joseph P. Tomain

Faculty Articles and Other Publications

This article discusses the language of the opinion in Grutter v. Bollinger. The rhetoric and language that we use to address race is difficult, if not tortured. The article explains why Grutter should have been an easy case and a simple opinion, and the ways in which the final opinion was anything but simple.

Reconsidering Attraction In Sexual Harassment, Martin J. Katz

Sturm College of Law: Faculty Scholarship

This Article will proceed in four parts. Part I explains the significance of the attraction-based view to the law of sexual harassment. This Part demonstrates not only how the attraction-based view provides a theoretical basis for treating workplace sexual conduct as a form of sex discrimination, but also how this view works in practice to provide relief for victims of workplace sexual conduct in a streamlined and effective manner. This Part articulates in a comprehensive manner how an attraction-based paradigm can be used to construct a theory by which plaintiffs can show that workplace sexual conduct has occurred "because of' …

Does Grutter Offer Courts An Opportunity To Consider Race In Jury Selection And Decisions Related To Promoting Fairness In The Deliberation Process?, Phoebe A. Haddon

Faculty Scholarship

This essay considers whether the two recent Supreme Court affirmative action cases, the Michigan law school and undergraduate cases, Grutter v. Bollinger and Gratz v. Bollinger, provide support for opening the process of jury selection and deliberation to more fully include people of color and other under-represented groups and their experiences. I shall argue that these recent affirmative action cases can provide some support for ensuring better representation of people of color in the jury selection process, challenging the pre-textual use of peremptories and opening opportunities to talk about race during trials. The Court's reasoning in Grutter that diversity is …

Building A Digital Collection: The Making Of Historical Publications Of The United States Commission On Civil Rights, Bill Sleeman

Faculty Scholarship

This article briefly explores the technical and administrative tasks required to create a digital resource devoted to the U.S. Commission on Civil Rights.

Natural Law And The Regulation Of Sexuality: A Critique, Dr. Brent L. Pickett

Richmond Journal of Law and the Public Interest

I will argue that the natural-law understanding of sexuality, and its application to the law, is deeply flawed, in regards to homosexuality and sodomy. I begin by laying out some of the foundations of the natural law position. Central to the position is an account of human goods that are seen as good in themselves, and hence as rational bases for choice and human action. In regards to sexuality, the two most important goods, at least from the natural law perspective, are those of marriage and personal integration. I argue that a real appreciation of the role of these two …

A Call To Leadership: The Future Of Race Relations In Virginia, Rodney A. Smolla

Scholarly Articles

Not available.

(Un)Masking Race-Based Intracorporate Conspiracies Under The Ku Klux Klan Act, Catherine E. Smith

Scholarly Articles

The intracorporate conspiracy doctrine should not be applicable to § 1985(3) conspiracies. Section 2 of the Ku Klux Klan Act was designed to specifically challenge collective action and eliminate the many ways in which individuals conspired to engage in civil rights violations. Some commentators may argue that race-based intracorporate agreements are actionable under other federal antidiscrimination laws and state causes of actions. However, § 1985(3) fulfills a unique role in the national comprehensive civil rights scheme to eliminate different forms of bias-motivated and discriminatory actions. As the only federal civil conspiracy statute that punishes individuals who use collective resources to …

Respect And Equality: Transsexual And Transgender Rights, Stephen Whittle

Center for LGBTQ Studies (CLAGS)

The problem of who I legally am in the world I live in has been vexatious throughout my adult life. Like other transsexual people worldwide, I face an inadequate legal framework in which to exist. Some of us live within states and nations that recognise the difficulties and attempt to provide a route way through the morass of problems that arise; others barely, if not at all, even acknowledge our being. We are simply 'not' within a world that only permits two sexes, only allows two forms of gender role, identity or expression. Always falling outside of the 'norm,' our …

Race, "National Security," And Unintended Consequences: A Sideways Glance At Brown V. Board Of Education At Fifty, Mark K. Moller

Loyola University Chicago Law Journal

No abstract provided.