Civil Rights and Discrimination Commons^™

Hate And The Bar: Is The Hale Case Mccarthyism Redux Or A Victory For Racial Equality?, W. Bradley Wendel

Cornell Law Faculty Publications

The application of the constitutional free expression guarantee to the activities of the organized bar is one of the most important unexplored areas of legal ethics. In this essay I will consider in particular the question of whether an applicant may be denied admission to the bar for involvement with hateful or discriminatory activities. This question reveals the tension between the first amendment principle, established after the agonizing struggles of the McCarthy era, that no one may be denied membership in the bar because of his or her beliefs alone, and the plenary authority of bar associations to make predictive …

Racial Purity Laws In The United States And Nazi Germany: The Targeting Process, Judy Scales-Trent

Journal Articles

No abstract provided.

Morgan Kousser's Noble Dream, Heather K. Gerken

Michigan Law Review

J. Morgan Kousser, professor of history and social science at the California Institute of Technology, is an unusual academic. He enjoys the respect of two quite different groups - historians and civil rights litigators. As a historian, Kousser has written a number of important works on the American South in the tradition of his mentor, C. Vann Woodward, including a foundational book on southern political history, The Shaping of Southern Politics: Suffrage Restriction and the Establishment of the One-Party South, 1880-1910. Many of his writings have become seminal texts among election law scholars. Kousser has also used his historical skills …

Usa 2050: Identity, Critical Race Theory, And The Asian Century, Adrien Katherine Wing

Michigan Law Review

Robert Chang, a promising young scholar, has given us the first book on Asian Critical Race Theory, or AsianCrit, in his short, readable volume Disoriented: Asian Americans, Law, and the Nation-State. It is a loosely woven collection of essays divided into three parts, drawing upon work Professor Chang published in several earlier law review articles. This book is part of the Critical America Series of New York University Press. The general editors are Critical Race Theory (CRT) senior scholar Professor Richard Delgado of the University of Colorado Law School and his wife, legal researcher Jean Stefancic. The series has produced …

Finding Gold In The Rainbow Rights Movement, Shayna S. Cook

Michigan Law Review

In her history of the past fifty years of the gay and lesbian civil rights movement, Patricia Cain recounts the litigation successes and failures that contributed to the legal status of gays and lesbians in the Untied States today. Clearly an insider who has marched with the movement every step of the way, Cain provides a comprehensive account of all fronts of the battle in state and federal courts since 1950. But while Rainbow Rights serves as a good primer on the legal challenges and the key themes uniting them, the book reads like an account of a struggle ending …

African-American Farmers And Fair Lending: Racializing Rural Economic Space, Cassandra Jones Havard

All Faculty Scholarship

This article critiques the federal policy and legislation that makes USDA a financial intermediary designed to give farmers access to credit in light of the federal class action settlement of claims between African-American farmers and USDA. The challenged statutory scheme allows locally elected farmers to make decisions regarding these low-cost loan funds. USDA's approach has both federalist and economic underpinnings. The article identifies the arguments supporting devolution of power from the federal government to local jurisdictions and examines the competing theories of information costs, transaction costs, and agency costs as they relate to USDA as a financial intermediary. Finally, it …

Introduction To Perspectives On Constitutional Exemptions To Civil Rights Laws: Boy Scouts Of America V. Dale, Bryson J. Hunter

William & Mary Bill of Rights Journal

No abstract provided.

Shrinking Domain Of Individious Intent, K.G. Jan Pillai

William & Mary Bill of Rights Journal

The landmark case of Washington v. Davis made invidious intent the touchstone of violation of the Equal Protection Clause. In this Article, Professor K G. Jan Pillai discusses the current state of the doctrine of invidious intent and its evolving role in Supreme Court jurisprudence. In the area of criminal law enforcement, strict application of the doctrine often produces harsh results. Among the existing three-tiered scrutiny standards, the doctrine appears out of place. In recent racial gerrymandering cases, the Supreme Court substantively modified the meaning of the doctrine. Despite the apparent instability of the doctrine, Professor Pillai concludes the solution …

Identity Crisis: “Intersectionality,” “Multidimensionality,” And The Development Of An Adequate Theory Of Subordination, Darren Lenard Hutchinson

UF Law Faculty Publications

While essentialism remains a prominent feature of progressive social movements, critical scholars have offered persuasive arguments against traditional, single-issue politics and have proposed reforms in a variety of doctrinal and policy contexts. The feminist of color critiques of feminism and antiracism provided the earliest framework for analyzing oppression in complex terms. Feminists of color and other critical scholars have examined racism and patriarchy as “intersecting” phenomena, rather than as separate and mutually exclusive systems of domination. Their work on the intersectionality of subordination has encouraged some judges and progressive scholars to discard the “separate spheres” analysis of race and gender. …

Cross-Testing, Nondiscrimination, And New Comparability: A Rejoinder To Mr. Orszag And Professor Stein, Edward A. Zelinsky

Articles

In their response to my article in this symposium issue of the Buffalo Law Review, Peter Orszag and Norman Stein advance their analysis of cross-testing, new comparability and the nondiscrimination norm. I write this brief rejoinder both to clarify the areas of our disagreement and to complete our dialogue.

Is Cross-Testing A Mistake: Cash Balance Plans, New Comparability Formulas, And The Incoherence Of The Nondiscrimination Norm, Edward A. Zelinsky

Articles

The increasing tendency of large employers to convert their traditional defined benefit pension plans to the cash balance format has engendered substantial controversy, both within the qualified plan community and among the general public. The rise of "new comparability" plans has yet to generate the same level of popular or political concern, perhaps because such plans have largely been embraced by smaller employers. However, among pension mavens, new comparability has occasioned strong supporters and equally firm detractors.

Gender Bias In The Courts Of The Commonwealth Final Report, Gender Bias In The Courts Task Force

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

No abstract provided.

Institutionalized Discrimination And Sectarianism In Northern Ireland, Darlene E. Hall

Sociology & Criminal Justice Theses & Dissertations

The purpose of this research and subsequent thesis is to explore the issue of institutionalized discrimination, sectarian and political harassment, and victimization in the North of Ireland.

Understanding the situation in the North of Ireland will contribute to an understanding of how minority groups experience oppression and domination from the power elite groups. Extralegal, improper, or unwarranted force by police and security force members receives special attention. Conflict theorists such as Bailey (1996), Skolnick and Fyfe (1993), Quinney (1970) and Chambliss (1994) are reviewed regarding the misuse of force by police. A review of literature reveals that discrimination and sectarian …

The Cash Balance Controversy Revisited: Age Discrimination And Fidelity To Statutory Text, Edward A. Zelinsky

Articles

No abstract provided.

Editor's Note, Melanie M. Lee

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Foreword, Lennox L. Hinds

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Un/Re/Dis Covering Slave Breeding In Thirteenth Amendment Jurisprudence, Pamela D. Bridgewater

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Recognizing Substance: Adoptees And Affiliates Of Native American Tribes Claiming Free Exercise Rights

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Dead Hands And State Actors: Theracially Discriminatory Charitable Trustin Hermitage Methodist Homes, Dean Barclay

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Your Dna Is Your Resume: How Inadequate Protection Of Genetic Information Perpetuates Employment Discrimination

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Two Wrongs Do Not Make A Defense: Eliminating The Equal-Opportunity-Harasser Defense, Shylah Miles

Washington Law Review

Sexual harassment is a prevalent problem in the American workplace that accounts for nearly sixty-four percent of all gender discrimination claims under Title VII. The equal-opportunity-harasser defense allows harassers who target both males and females to escape liability. Courts have allowed the defense because they have interpreted the "because of sex" element of a sexual harassment claim to require disparate treatment or a showing that the plaintiffs would not have been harassed if they were members of the opposite sex. An equal-opportunity harasser harasses both sexes and, therefore, plaintiffs cannot prove disparate treatment. This Comment argues that the disparate-treatment requirement …

The Nullification Of Section 718.2(E): Aggravating Aboriginal Over-Representation In Canadian Prisons, Renee Pelletier

Osgoode Hall Law Journal

This article considers the disproportionate incarceration rate of Aboriginal offenders in Canadian prisons and the effectiveness of Parliament's attempts at alleviating this problem through the enactment of section 718.2(e) of the Criminal Code. This article focuses primarily on two recent Supreme Court of Canada decisions-R. v. Gladue and R. v. Wells. It is argued that the Court's narrow view of systemic factors, the Imitation it places on section 718.2(e) through its discussion of serious offences, as well as a number of practical problems inherent in the framework provided by the Court, strip the provision of its remedial intent. The article …

An Effective Compromise: Class-Based Affirmative Action In Boston Schools, Gabriel O'Malley

New England Journal of Public Policy

The author seeks to shift the traditional focus of the affirmative action debate from race to class. With the Boston Latin School as an example, he argues that, under certain circumstances, a shift in an admission policy based on preferences from race to class will maintain academic standards while increasing minority representation; it will also expand opportunity for economically underprivileged youths who have succeeded academically despite the obstacles they face. A focus on class rather than race offers both sides of the affirmative action debate a philosophy that can be reconciled with their views on race-based affirmative action. In certain …

Editor's Note, Padraig O'Malley

New England Journal of Public Policy

The editor speaks about the political unrest with the 2000 presidential election. He also speaks about the war in Angola. He speaks about the civi duty we have to mankind across the globe and the government's influence on other countries.

The Law Of White Spaces: Race, Culture, And Legal Education, Peter Goodrich, Linda G. Mills

Journal of Legal Education

No abstract provided.

Racial Balancing Provisions And Charter Schools: Are Charter Schools Out On A Constitutional Limb?, Preston C. Green Iii

Brigham Young University Education and Law Journal

No abstract provided.

The Equal Access Act And Public Schools: What Are The Legal Issues Related To Recognizing Gay Student Groups?, Ralph D. Mawdsley

Brigham Young University Education and Law Journal

No abstract provided.

Katie John V. United States: Balancing Alaskan State Sovereignty With A Native Grandmother's Right To Fish, Ryan T. Peel

Brigham Young University Journal of Public Law

No abstract provided.

Symposium Introduction - Brown V. Board Of Education After Fifty Years: Context And Synopsis, James L. Hunt

Mercer Law Review

For white Southerners, the United States Supreme Court's decision in Brown v. Board of Education was important because it challenged racial discrimination in the most important governmental function of their communities: public education. As a consequence, the significance of Brown is not limited to the legal strategies of the parties or the decision-making process on the Supreme Court, however critical those activities were. Of additional usefulness in understanding Brown is the experience of the people who would either defy or support it. The essential political nature of Brown requires an effort to consider its impact at the local level. The …

Lead Article - Setting The Stage For Brown: The Development And Implementation Of The Naacp's School Desegregation Campaign, 1930-1950, Leland B. Ware

Mercer Law Review

The protest against segregation began early in the twentieth century, not long after the Supreme Court's 1896 decision in Plessy v. Ferguson. The fight was led by the National Association for the Advancement of Colored Persons ("NAACP"), which was founded in 1909 by a group of black activists and white progressives. After years of lobbying, organizing local chapters, and engaging in other activities, the NAACP shifted its direction. In the early 1930s, the organization embarked on a long-range, carefully coordinated litigation campaign that challenged the laws that enforced segregation. During the years that followed, a legal revolution was set …