Civil Rights and Discrimination Commons^™

Consti–Tortion: Tort Law As An End-Run Around Abortion Rights After Planned Parenthood V. Casey, A.J. Stone Iii.

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Historical Essay: In The Name Of God; An American Story Of Feminism, Racism, And Religious Intolerance: The Story Of Alma Bridwell White, Kristin E. Kandt

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Exploration Of The Efficacy Of Class-Based Approaches To Racial Justice: The Cuban Context, An Latcrit Iv Symposium - Rotating Centers, Epanding Frontiers: Theory And Marginal Intersections- Forging Our Identity: Transformative Resistance In The Areas Of Work, Class, And The Law, Tanya K. Hernandez

Faculty Scholarship

The growing discord over the continuing use of race-conscious social justice programs in the United States has given rise to the consideration of replacing them with color-blind class-based affirmative action programs. Although there are a number of theoretical investigations into the proposal for class-based affirmative action, the discourse is short on practical assessments. This Article amplifies the class-based affirmative action debate by drawing lessons from Socialist Cuba's socioeconomic redistribution measures. Inasmuch as Socialist Cuba attempts to diminish racial disparities with the use of colorblind socioeconomic redistribution programs one can classify their strategy as a class-focused rather than a race-focused attack …

Making Room For Critical Race Theory In International Law: Some Practical Pointers, Penelope E. Andrews

Villanova Law Review (1956 - )

No abstract provided.

Reflections On Blackcrit Theory: Human Rights, Hope Lewis

Villanova Law Review (1956 - )

No abstract provided.

Excluding Race Strategies From International Legal History: The Self-Executing Treaty Doctrine And The Southern Africa Tripartite Agreement, Henry J. Richardson Iii

Villanova Law Review (1956 - )

No abstract provided.

From Slavery And Seminoles To Aids In South Africa: An Essay On Race And Property In International Law, Natsu Taylor Saito

Villanova Law Review (1956 - )

No abstract provided.

Still Unfair, Still Arbitrary - But Do We Care?, Samuel R. Gross

Other Publications

Welcome. It is a pleasure to see everybody at this bright and cheery hour of the morning. My assignment is to try to give an overview of the status of the death penalty in America at the beginning of the twenty-first century. I will try to put that in the context of how the death penalty was viewed thirty years ago, or more, and maybe that will tell us something about how the death penalty will be viewed thirty or forty years from now.

Linking The Visions, Christina B. Whitman

Other Publications

Professor Christina Whitman talks about her teaching and her work.

There Is A Lot To Be Repaired Before We Get To Reparations: A Critique Of The Underlying Issues Of Race That Impact The Fate Of African American Reparations, Art Alcausin Hall

The Scholar: St. Mary's Law Review on Race and Social Justice

Reparations are vital to enfranchise a group historically denied access to the opportunities required to enjoy the civil and political rights every United States citizen possesses. However, before African Americans will receive reparations, underlying issues of race must be resolved. The United States has provided reparations for some domestic groups, as well as support for at least one international group. Unfortunately, neither the Supreme Court, nor Congress seems willing to grant the same relief to African Americans. Because of this, outside of small settings and academic arenas, little debate has occurred. The resulting stalemate reveals underlying problems that stem from …

Discrimination Based On Hiv/Aids And Other Conditions: "Disability" As Defined Under Federal And State Law, Lawrence O. Gostin, David W. Webber

Georgetown Law Faculty Publications and Other Works

In this Article, we examine the disability definition "problem" from the standpoint of HIV infection, specifically HIV infection in its "asymptomatic" phase . . . We begin by summarizing the need for federal nondiscrimination standards offering protection for individuals with HIV. We then provide a brief discussion of the definition of disability under the resulting legislation, the Americans with Disabilities Act of 1990 (ADA). We summarize the early judicial and administrative views of the ADA as protecting individuals with HIV. We next turn to judicial interpretation of the ADA in cases in which that understanding has been disputed, including, most …

Health Care Divided: Race And Healing A Nation, Sidney D. Watson

All Faculty Scholarship

Race matters. Race—particularly racial segregation—casts a pervasive shadow over the organization of American health care. It influences the ownership and governance of institutional providers. It helps account for the high cost of health care in the United States. It contributes to America’s abysmal health status, among the worst of the industrialized world. It is reflected, in part, in the lack of national health insurance. So David Barton Smith begins this book, a book he describes as the story of “a divided nation, a divided health care system, and the uncompleted journey to heal both.”[1]

Most of us are not comfortable …

The Uses Of History In Struggles For Racial Justice: Colonizing The Past And Managing Memory, Katherine M. Franke

Faculty Scholarship

In this Commentary, Professor Katherine Franke offers an analysis on Richard Delgado and Jean Stefancic's California's Racial History and Constitutional Rationales for Race-Conscious Decision Making in Higher Education and Rebecca Tsosie's Sacred Obligations: Intercultural Justice and the Discourse of Treaty Rights. These two Articles, she observes, deploy history for the purposes of justifying certain contemporary normative claims on behalf of peoples of color: affirmative action in higher education for Delgado and Stefancic, and sovereignty rights for native peoples in Tsosie's case. Franke explores the manner in which stories of past conquest and discrimination contribute to contemporary conceptions of racial …

Environmental Justice And Natural Areas Protection Trends & Insight, Michael B. Gerrard

Faculty Scholarship

There are 3,119,963 square miles in the continental United States. That sounds like plenty of space to put just about anything. However, when the facility seeking a home is environmentally controversial, finding even one square mile can seem almost impossible.

This country is now in its third major era in making siting decisions. The first era – unconstrained siting – lasted until the late 1960s. Then began the second era – protecting natural areas. In the early 1990s, we embarked upon a third era – environmental justice. The growing tensions between protecting natural areas and achieving environmental justice suggest that …

Whatever Happened To Anti-Semitism? How Social Science Theories Identify Discrimination And Promote Coalitions Between "Different" Minorities, Clark Freshman

Faculty Scholarship

No abstract provided.

The Chinese American Challenge To Court-Mandated Quotas In San Francisco's Public Schools: Notes From A (Partisan) Participant-Observer, David I. Levine

Faculty Scholarship

No abstract provided.

Opening Remarks: Reclaiming Yesterday's Future, Kimberlé W. Crenshaw

Faculty Scholarship

Good morning colleagues, friends, and special guests of the Symposium. I have the unenviable task of welcoming you to the UCLA School of Law this morning, a task that under current circumstances carries with it for me quite a few mixed emotions.' I have struggled mightily over how I might convey to you that although my heart is heavy this morning, I am very pleased to see each of you. It is rather like opening the door to welcome close friends into your home which is in a state of utter disarray. Things are strewn all about, you look harried …

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

Scholarship@WashULaw

The political and juridical viability of reparations for descendants of enslaved black people is emerging as a highly contested concept in U.S. debates about justice and law. For decades, reparations have been an essential part of the international discourses of war and human rights.

Panel Two: Who's Minding The Baby?, Adrienne D. Davis, Catherine J. Ross, Marion Crain, Bonnie Thornton Dill

Scholarship@WashULaw

This publication is a transcript of remarks made by multiple law professors discussing the relationship between race, gender, and class and focusing on feminism and the challenges faced by working mothers.

Foreword-Symposium: Gender, Work & Family Project Inaugural Feminist Legal Theorylecture, Adrienne D. Davis, Joan C. Williams

Scholarship@WashULaw

This Symposium inaugurates the Annual Feminist Legal Theory Lecture Series of the Washington College of Law's Gender, Work & Family Project. Martha Fineman, in honor of her two towering achievements in feminist jurisprudence, is the first lecturer. The first achievement is her ground-breaking work on dependency, about which we will say more later. The second is her equally influential Feminist Theory Workshop, which she began at the University of Wisconsin, and has since moved to Columbia University and now to Cornell. The annual Workshop has provided the opportunity for scores of scholars to present papers related to feminist jurisprudence, helping …

Foreword-Symposium: Straightening It Out: Joan William On Unbending Gender, Adrienne D. Davis

Scholarship@WashULaw

As most men and women acknowledge, gender is a battleground. Most of us are fairly clear on biological sex: who bears children, who ejaculates sperm, even whose (big) hands might open a stuck jar and whose (smaller ones) could pull that cufflink out of the garbage disposal. What remains less clear is how social gender roles flow from this: Does lactation result in eighteen years of primary caregiving? Should the chemical realities of testosterone shape the law governing sexual assault? 3 Should the dynamics of heterosexual relationships mirror the physics of heterosexual intercourse (penetration equals power)? Does the reality of …

Civil Rights And Human Rights: A Call For Closer Collaboration, Douglass Cassel

Journal Articles

Those of you who may be familiar with my commentaries know that my usual topics are mass murderers overseas or U.S. foreign policy toward them. Today, however, I would like to focus on something closer to home-the history of and prospects for fruitful collaboration between the civil rights movement and the international human rights movement. My purpose is to encourage dialogue between civil rights and human rights lawyers. As a sometime civil rights lawyer myself, I am convinced that such a dialogue could be productive.

We might start by distinguishing human rights from civil rights. In customary American usage, the …

Recent Supreme Court Employment Law Developments, Douglas D. Scherer, Olati Johnson

Scholarly Works

No abstract provided.

Personal Rights And Rule Dependence: Can The Two Co-Exist?, Matthew D. Adler

Faculty Scholarship

Constitutional doctrine is typically "rule-dependent." Typically, a constitutional litigant will not prevail unless she can show that a particular kind of legal rule is in force, e.g., a rule that discriminates against "suspect classes" in violation of the Equal Protection Clause, or that targets speech in violation of the First Amendment, or that is motivated by a religious purpose in violation of the Establishment Clause. Further, the litigant must typically establish a violation of her "personal rights." The Supreme Court has consistently stated that a reviewing court should not invalidate an unconstitutional governmental action at the instance of a claimant …

Rights And Rules: An Overview, Matthew D. Adler, Michael C. Dorf

Faculty Scholarship

No abstract provided.

Has Affirmative Action Been Negated? A Closer Look At Public Employment, H Lee Sarokin, Jane K. Babin, Allison H. Goddard

San Diego Law Review

First, this Article argues that affirmative action is right and necessary in certain circumstances. Second, it examines whether affirmative action has survived under current case law. Part II.A reviews the Supreme Court decisions that define the test of strict scrutiny in the public employment context. Part II.B discusses the current focus of the Court's debate on affirmative action. Part III looks at how strict scrutiny analysis and the Supreme Court's precedents are being applied by the lower federal courts. Part IV concludes that more guidance is needed from the Supreme Court on the first prong of the strict scrutiny analysis …

Marketing Goods, Marketing Images: The Impact Of Advertising On Race, Deseriee A. Kennedy

Scholarly Works

No abstract provided.

Discrimination Cases In The Supreme Court’S 1998 Term, Eileen Kaufman

Scholarly Works

In the Supreme Court's 1997 Term, the Supreme Court had decided a record number of statutory discrimination cases. However, that record was exceeded in the Supreme Court's 1998 Term with the Court addressing issues arising under Title VII, which covers discrimination in employment; Title IX, which covers discrimination in schools; and most significantly, the Americans with Disabilities Act, which prohibits discrimination based on disability. Overall, the term scored significant victories for employers who were given considerable latitude to set their own physical characteristic standards and who were, to a large extent, immunized from liability for punitive damages. There was an …

Call And Response: The Particular And The General, John A. Scanlan

Articles by Maurer Faculty

No abstract provided.

The Constitutionality Of Racial Classifications In Public School Admissions, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.