Civil Rights and Discrimination Commons^™

Appearance Matters: A Proposal To Prohibit Appearance Discrimination In Employment, Elizabeth M. Adamitis

Washington Law Review

The consideration of appearance in employment decisionmaking context is prevalent and widely accepted. Nonetheless, statutory protection against such discrimination remains limited. Federal protection applies only to claims related to already-protected categories of discrimination, including disability, race, color, religion, sex, national origin, and age. Only one state and a small number of cities and counties explicitly prohibit appearance discrimination in employment. This Comment argues that consideration of appearance in employment decisions is not justified, rational, or beneficial to society unless a bona fide occupational qualification or reasonable business purpose exists. States should adopt statutory protection for appearance to.protect otherwise qualified applicants …

Critical Race Theory And Postcolonial Development Theory: Observations On Methodology, Chantal Thomas

Villanova Law Review (1956 - )

No abstract provided.

Subsidy For Caretaking In Families: Lessons From Foster Care , Catharine J. Ross, Naomi R. Cahn

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Subsidy For Caretaking In Families: Lessons From Foster Care , Catharine J. Ross, Naomi R. Cahn

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Baker V. Vermont, 744 A.2d 864 (Vt. 1999), Sam Charron

American University Journal of Gender, Social Policy & the Law

No abstract provided.

The Case For United States Reparations To African Americans, Adrienne D. Davis

Human Rights Brief

No abstract provided.

Legislative Focus: Extending Non-Discrimination In Employment To Gays And Lesbians, Tracy Davis, Sara Oppenheim

Human Rights Brief

No abstract provided.

Protection Of Domestic Violence Victims Under The New York City Human Rights Law's Provisions Prohibiting Discrimination On The Basis Of Disability, Marta B. Varela

Fordham Urban Law Journal

This Article analyzes the need to create a new protected class of domestic violence victims to shield them from discrimination in employment. The Article examines arguments for and against proposed legislation to revise the human rights law governing disability, section 8-107 of the New York City Administration Code. The Article concludes that this legislation is unnecessary because the law already provides sufficient protection to domestic violence victims without requiring that victims disclose their domestic violence status to their employers.

Civil Rights Law In Transition: The Forty-Fifth Anniversary Of The New York City Commission On Human Rights

Fordham Urban Law Journal

This Symposium co-sponsored by the New York City Commission on Human Rights and the Fordham Urban Law Journal includes transcripts of panel discussions on topics at the intersection of law and policy. These topics include mediation, domestic violence, disability law, hate crimes legislation, sexual harassment, and sexual orientation law.

Why A Fundamental Right To A Quality Education Is Not Enough, James G. Wilson

Law Faculty Articles and Essays

This article relies upon the political and economic analysis of such great thinkers as Aristotle and Rousseau to understand and normatively evaluate constitutional caselaw in general and education cases in particular. The article's title contains its conclusion: a judicially created right to a quality education is a laudable, but possibly counterproductive and definitely insufficient condition, for creating a humane constitutional system. The rest of society needs to do far more to protect the average citizen and worker from the ever-ravenous ruling class. All the edification in the world will not mean much if there are only a few decent jobs …

The Empty State And Nobody's Market: The Political Economy Of Non-Responsibility And The Judicial Disappearing Of The Civil Rights Movement, Kenneth M. Casebeer

University of Miami Law Review

No abstract provided.

The Bill Of Rights And The Constitution: Facing The Challenge Of The Future, Stephen Wermiel

Scholarly Articles in Law Reviews & Journals

No abstract provided.

But Why Not Marriage: Some Thoughts On Vermont’S Civil Unions Law, Same-Sex Marriage, And Separate But (Un)Equal, Barbara Cox

Faculty Scholarship

This article is divided into three sections. Section one considers the positive results from the civil unions law. It recognizes that this legislation represents an important step along the path toward full recognition of same-sex couples by extending significant rights, benefits, and responsibilities beyond opposite-sex marriage." With these benefits, however, come several problems. Section two places the civil unions law along side other examples of "separate but equal" restrictions in the race and sex contexts and considers it within the sexual orientation context. This section explains how government-sponsored segregation has always caused damage to both groups that are taught they …

“The Little Project:” From Alternative Families To Domestic Partnerships To Same-Sex Marriage, Barbara Cox

Faculty Scholarship

No abstract provided.

The Glass Ceiling In Law Firms: A Form Of Sex-Based Discrimination, Rebecca Korzec

All Faculty Scholarship

At a certain level, women lawyers collide with a "glass ceiling," an invisible, artificial barrier which prevents women from being promoted to management and leadership positions within a business or firm. The glass ceiling 'represents a subtle form of sex discrimination - unwritten, generally unspoken, but very pervasive.' Its presence is reflected in trends and statistics which consistently reveal women's underrepresentation in executive and management positions.

This article focuses on whether the glass ceiling formed as a result of sex discrimination, blatant or subtle, or whether it formed as a result of women lawyers' differing qualifications or career choices. It …

"Trapped" In Sing Sing: Transgendered Prisoners Caught In The Gender Binarism, Darren Rosenblum

Elisabeth Haub School of Law Faculty Publications

This Article first summarizes gender, transgendered identity, and legal issues facing transgendered people to contextualize the lives of transgendered prisoners. Parts II and III explore respectively the placement and treatment issues that complicate the incarceration of the transgendered. Corrections authorities, through indifference or incompetence, foster a shockingly inhumane daily existence for transgendered prisoners. In Part V, I examine the plight of transgendered prisoners through the metaphor of the miners' canary. Transgendered prisoners signal the grave dangers facing all of us in a wide array of social structures, elucidating the apparently intractable problems of gender. This Article simultaneously explores a human …

The Voting Rights Act And The "New And Improved" Intent Test: Old Wine In New Bottles, Randolph M. Mclaughlin

Elisabeth Haub School of Law Faculty Publications

Since the Supreme Court injected the issue of intent into the voting rights arena in Mobile v. Bolden,1 there has been a long and persistent struggle to reverse that decision. In 1982, Congress thought it had put the question of the quantum and quality of proof required to establish a violation of section 2 of the Voting Rights Act to rest when Congress amended that section. However, the courts quickly began a rear guard action to undermine congressional efforts to eliminate the intent requirement as an element of a plaintiff's claim. Both the Supreme Court and the circuit courts have …

En/Gendering Equality: Seeking Relief Under Title Vii Against Employment Discrimination Based On Sexual Orientation, Anthony E. Varona, Jeffrey M. Monks

Articles

No abstract provided.

The Ninth Circuit's "Hybrid Rights" Error: Three Losers Do Not Make A Winner In Thomas V. Anchorage Equal Rights Commission, Eric J. Neal

Seattle University Law Review

Because the Ninth Circuit, in reaching its Thomas decision, relied on Smith's hybrid rights language, this Note will focus on the court's analysis of that subject. By applying the hybrid rights' dicta instead of following the actual holding in Smith, the Ninth Circuit reached a conclusion that is illogical and does not comport with current Supreme Court free exercise jurisprudence. This Note will discuss the Thomas court's analysis and will propose a logical interpretation of Smith that more closely reflects the Supreme Court's actual position regarding the Free Exercise Clause.

Civil Challenges To The Use Of Low-Bid Contracts For Indigent Defense, Margaret H. Lemos

Faculty Scholarship

In recent years, increasing attention has been directed to the problem of adequate representation for indigent criminal defendants. While overwhelming caseloads and inadequate funding plague indigent defense systems of all types, there is a growing consensus in the legal community that low-bid contract systems-under which the state or locality's indigent defense work is assigned to the attorney willing to accept the lowest fee-pose particularly serious obstacles to effective representation. In this Note, Margaret Lemos argues that the problems typical of indigent defense programs in general-and low-bid contract systems in particular-can and should be addressed through § 1983 civil actions alleging …

Comparing Race And Sex Discrimination In Custody Cases, Katharine T. Bartlett

Faculty Scholarship

No abstract provided.

Anjelino V. New York Times Co.: Granting Men Standing To Fight Against Injuries Received As A Result Of Sexual Discrimination Towards Female Co-Workers, Christine Coyne

Villanova Law Review (1956 - )

No abstract provided.

Critical Race Theory And International Law: Convergence And Divergence, Ruth Gordon

Villanova Law Review (1956 - )

No abstract provided.

Discrimination After Death, Mark E. Wojcik

Oklahoma Law Review

No abstract provided.

Couples: Marriage, Civil Union, And Domestic Partnership, David L. Chambers

Book Chapters

In this country, during the last decades of the twentieth century, thousands of lesbians married other women and thousands of gay men married other men. Many of these couples recited traditional vows in churches and synagogues. Others have pledged to each other in their own backyards in words that they wrote themselves. But not one of these thousands of solemn occasions was recognized as creating a legally valid marriage. In the United States, each state has its own statute defining who can marry, and as far as the states were concerned, these couples were playing dress up. One state has …

Thou Shalt Not Discriminate: The Application Of Title Vii's Undue Hardship Standard In Balint V. Carson City, Polly Hayes

Villanova Law Review (1956 - )

No abstract provided.

Critical Race Theory And International Law: The View Of An Insider-Outsider, Makau Mutua

Villanova Law Review (1956 - )

No abstract provided.

Civilization And Commerce: The Concept Of Governance In Historical Perspective, Antony Anghie

Villanova Law Review (1956 - )

No abstract provided.

Shadows: Du Bois And The Colonial Prospect, 1925, Nathaniel Berman

Villanova Law Review (1956 - )

No abstract provided.

Retelling Good Governance Narratives On Africa's Economic And Political Predicaments: Continuities And Discontinuities In Legal Outcomes Between Markets And States, James Thuo Gathii

Villanova Law Review (1956 - )

No abstract provided.