Civil Rights and Discrimination Commons^™

The Law Is Straight And Narrow, How American Courts Define Families, Elisa Laird

Cardozo Journal of Equal Rights & Social Justice

The article argues that American law is inherently biased toward traditional heterosexual family structures, creating significant barriers for same-sex couples and non-traditional families seeking legal recognition and rights. The legal system's "straight and narrow" framework often excludes these families from accessing benefits and protections granted to heterosexual families, reflecting deeply entrenched religious and historical influences.

Title Vii Limitations-Keeping The Workplace Hostile, Diane Gentry

Cardozo Journal of Equal Rights & Social Justice

The article argues that Title VII of the Civil Rights Act, as currently interpreted and applied, fails to effectively address workplace sexism and harassment because its legal framework is rooted in patriarchal assumptions. The statute's focus on sexual harassment often overlooks broader gender-based discrimination, leaving many women without adequate legal recourse. The article contends that the law perpetuates male-dominated work cultures by narrowly defining actionable harassment and requiring proof of unwelcome behavior, which places undue burdens on victims.

Caution: Men At Work, Ekee Ehrlich

Cardozo Journal of Equal Rights & Social Justice

The article highlights the challenges faced by pregnant women in the workplace, emphasizing the discrimination and gender stereotypes they encounter. Through the author's personal experience, it illustrates how societal expectations and workplace policies often fail to accommodate pregnant employees, leading to potential discrimination and undue stress.

"What Is" And "What Should Be" An Empirical Study Of Gender Issues At Gonzaga University School Of Law, Cara L. Nord

Cardozo Journal of Equal Rights & Social Justice

The article examines the gender disparities and challenges faced by female students and faculty at Gonzaga University School of Law, highlighting the need for systemic changes to align the institution’s practices with its mission and legal obligations under Title IX. While the school has made progress in increasing female enrollment, significant gaps persist in faculty representation, classroom participation, and the overall gender-inclusive environment. The study calls for concrete measures to address these issues, including hiring more female faculty, fostering equitable classroom dynamics, and implementing annual gender studies to monitor progress.

Supreme Court To Determine The Fate Of Affirmative Action In Education, Esther Choi

Public Interest Law Reporter

No abstract provided.

Cincinnati's Addition Of Sexual Orientation To Hate Crime Sparks Controversy, Molly Mack

Public Interest Law Reporter

No abstract provided.

Chicago Police Install Controversial Surveillance Cameras, Gavin Mhley

Public Interest Law Reporter

No abstract provided.

Foreward: Is Civil Rights Law Dead?, John Valery White

Scholarly Works

This forward to The Louisiana Law Review’s Spring 2003 Symposium on civil rights presents a hypothetical that highlights the perils of civil rights litigation.

You Can't Ask (Or Say) That: The First Amendment And Civil Rights Restrictions On Decisionmaker Speech, Helen Norton

Publications

Federal, state, and local civil rights laws regulate private decisionmaking about whom an employer may hire or fire, to whom a landlord may rent an apartment, or to whom a creditor may extend credit. In prohibiting discriminatory conduct, however, these laws also limit the speech of those making these decisions. In this Article, Professor Norton explores how we might think about these civil rights laws in the context of the First Amendment, and their place within the Supreme Court's commercial speech jurisprudence. She concludes that the speech restricted by these laws may be characterized as falling outside the protection of …

Class Lecture: Antecedents To The Trc, Desmond Tutu

Archbishop Desmond Tutu Collection Textual

A class lecture given by Archbishop Tutu at the University of North Florida.

Speech: At The Crossroads - You Can Make A Difference, Desmond Tutu

Archbishop Desmond Tutu Collection Textual

Speech given by Archbishop Tutu for the 5th Avenue Presbyterian Church Capital Grand Campaign. Handwritten and typed versions.

Speech: At The Crossroads - You Can Make A Difference (Version 2), Desmond Tutu

Archbishop Desmond Tutu Collection Textual

Speech given by Archbishop Tutu for the 5th Avenue Presbyterian Church Capital Grand Campaign. (5 typewritten pages)

Speech: No Future Without Forgiveness (Version 2), Desmond Tutu

Archbishop Desmond Tutu Collection Textual

A sermon given by Archbishop Tutu at St. John’s Cathedral of Jacksonville. (8 typewritten pages)

Brief Notes, Desmond Tutu

Archbishop Desmond Tutu Collection Textual

Handwritten notes on Plaza Hotel stationary. Stationary is printed with " Emeritus Desmond Tutu IN RESIDENCE".

Emotional Segregation: Huckleberry Finn In The Modern Classroom, Sharon E. Rush

University of Michigan Journal of Law Reform

In this article, I explore emotional segregation and how it functions in the context of Huckleberry Finn for both personal and academic reasons. Recently, I read Huckleberry Finn because it had been assigned to my daughter's middle school class. I was concerned for her welfare because she is Black and worried how the book would affect her. To understand her reactions, I had to understand the controversy surrounding the book, particularly as a White mother I have reflected quite deeply on the question whether the book is racist. I define "racism" as a belief in the myth of White superiority …

Re-Imagining Justice: Progressive Interpretations Of Formal Equality, Rights, And The Rule Of Law, Robin West

Georgetown Law Faculty Publications and Other Works

Resurrecting the neglected question of what we mean by legal justice, this book seeks to re-imagine rather than simply critique contemporary notions of the rule of law, rights and legal equality. A work of reconstruction, it offers a progressive and egalitarian approach to concepts that have become overly associated with the idea of limited government and social conservatism. Focusing on the necessary conditions of cooperative community life, the book presents a vision of law that facilitates rather than frustrates politics, an analysis of rights that boosts our capacities for caring, and an idea of equality that captures a cosmopolitan vision …

Wrongful Death Actions Under Section 1983, Martin A. Schwartz, Steven Steinglass, Richard Emery, Ilann Margalit Maazel

Touro Law Review

No abstract provided.

Speech: No Future Without Forgiveness, Desmond Tutu

Archbishop Desmond Tutu Collection Textual

A sermon given by Archbishop Tutu at St. John’s Cathedral of Jacksonville.

Access To The Courts: A Blueprint For Successful Litigation Under The Americans With Disabilities Act And The Rehabilitation Act, Marc Charmatz, Antoinette Mcrae

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Title Ix At Thirty: Unanswered Questions, William C. Duncan

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Sanism And The Law, Michael L. Perlin

Articles & Chapters

No abstract provided.

Substantially Limited Justice?: The Possibilities And Limits Of A New Rawlsian Analysis Of Disability-Based Discrimination, Elizabeth Pendo

Articles

John Rawls has been called the most significant and influential moral philosopher of the twentieth century, and his ideas have deeply influenced discussions of social, political, and economic justice across disciplines including law, philosophy, and political science. Given his preeminence, does Rawls's theory of justice as fairness fail in either of the two ways described above or is it a promising analysis for achieving justice for people with disabilities?

In its most recent terms, the Supreme Court has increasingly turned its attention toward the Americans with Disabilities Act of 1990 (the ADA). In several significant decisions, it has grappled with …

"The Implicit Association Test": A Measure Of Unconscious Racism In Legislative Decision-Making, Reshma M. Saujani

Michigan Journal of Race and Law

This Article argues that the Court will not fulfill the promise of the Equal Protection Clause unless the Court adapts its vision of antidiscrimination to account for the complex nature of discrimination. Imagine that we could measure unconscious discrimination. If so, then we could broaden the concept of purposeful discrimination to include the measurement of a legislator's reliance on unconscious racial stereotypes. Such a measuring device may already exist: The Implicit Association Test (IAT), a computer-based test developed by Yale and University of Washington psychologists. Researchers do not yet know how well the IAT can uncover racial stereotypes; however, if …

Gender Voice And Correlations With Peace+, Terry M. Dworkin, Cindy A. Schipani

Vanderbilt Journal of Transnational Law

The statistics regarding violence in today's society are staggering. A newly released study published by the World Health Organization, making headlines in the Wall Street Journal (Oct. 3, 2002), reports that "Violence Took 1.6 Million Lives in 2000." This statistic includes only the data obtained from the 70 countries that report such statistics to the World Health Organization, it does not include reports from many other countries where violence is also high, such as Burundi, Rwanda, Iraq, Liberia and Afghanistan.

This Article seeks to address some of these issues of violence by considering issues of gender. The Authors pose the …

Decoupling 'Terrorist' From 'Immigrant': An Enhanced Role For The Federal Courts Post 9/11, Victor C. Romero

Faculty Scholarship

Since the terrorist attacks of September 11, 2001, Attorney General John Ashcroft has utilized the broad immigration power ceded to him by Congress to ferret out terrorists among noncitizens detained for minor immigration violations. Such a strategy provides the government two options: deport those who are not terrorists, and then prosecute others who are. While certainly efficient, using immigration courts and their less formal due process protections afforded noncitizens should trigger greater oversight and vigilance by the federal courts for at least four reasons: First, while the legitimate goal of immigration law enforcement is deportation, Ashcroft's true objective in targeting …

Noncitizen Students And Immigration Policy Post-9/11, Victor C. Romero

Faculty Scholarship

The purpose of this article is to describe the post-9/11 world for noncitizen students and scholars in light of recent federal legislation, specifically focusing on three laws: the USA-PATRIOT Act of 2001, the Border Commuter Student Act of 2002, and the proposed Capital Student Adjustment Act, currently pending in Congress. In all three, Congress is seen trying to walk the fine line between providing fair access to postsecondary education to noncitizen students and guarding against the possibility that such institutions are being used as a springboard for terrorist activity.

Critical Race Theory In Three Acts: Racial Profiling, Affirmative Action, And The Diversity Visa Lottery, Victor C. Romero

Faculty Scholarship

The usual debates surrounding multiculturalism pit individual rights against group grievances in a variety of contexts including racial profiling, affirmative action, and the diversity visa lottery, often with seemingly contradictory results. Liberals often favor affirmative action but decry both racial profiling and the diversity visa lottery, while many conservatives hold the opposite view. Critical race theory provides a unique alternative to stock liberal and conservative arguments, allowing one to draw meaningful and persuasive distinctions among these seminal issues surrounding law enforcement, education, and immigration policy.

The New Mccarthyism: Repeating History In The War In Terrorism, David Cole

Georgetown Law Faculty Publications and Other Works

This Essay will argue that the government has invoked two methods in particular in virtually every time of fear. The first, discussed in Part I, involves a substantive expansion of the terms of responsibility. Authorities target individuals not for what they do or have done but based on predictions about what they might do. These predictions often rely on the individuals' skin color, nationality, or political and religious associations. The second method, the subject of Part II, is procedural-the government invokes administrative processes to control, precisely so that it can avoid the guarantees associated with the criminal process. In hindsight, …

Reinforcing Representation: Enforcing The Fourteenth And Fifteenth Amendments In The Rehnquist And Waite Courts, Ellen D. Katz

Articles

A large body of academic scholarship accuses the Rehnquist Court of "undoing the Second Reconstruction," just as the Waite Court has long been blamed for facilitating the end of the First. This critique captures much of what is meant by those generally charging the Rehnquist Court with "conservative judicial activism." It posits that the present Court wants to dismantle decades' worth of federal antidiscrimination measures that are aimed at the "reconstruction" of public and private relationships at the local level. It sees the Waite Court as having similarly nullified the civil-rights initiatives enacted by Congress following the Civil War to …

Reconciling What The First Amendment Forbids With What The Copyright Clause Permits: A Summary Explanation And Review, William W. Van Alstyne

Faculty Publications

No abstract provided.