Civil Rights and Discrimination Commons^™

Minority Preferences Reconsidered, Terrance Sandalow

Reviews

During the academic year 1965-66, at the height of the civil rights movement, the University of Michigan Law School faculty looked around and saw not a single African-American student. The absence of any black students was not, it should hardly need saying, attributable to a policy of purposeful exclusion. A black student graduated from the Law School as early as 1870, and in the intervening years a continuous flow of African-American students, though not a large number, had been admitted and graduated. Some went on to distinguished careers in the law.

Caring Enough: Sex Roles, Work And Taxing Women, Amy L. Wax

Villanova Law Review (1956 - )

No abstract provided.

Agency, Equality, And Antidiscrimination Law , Tracy E. Higgins, Laura A. Rosenbury

Faculty Scholarship

The Supreme Court increasingly has interpreted the Equal Protection Clause as a mandate for the state to treat citizens as if they were equal-as a limitation on the state's ability to draw distinctions on the basis of characteristics such as race and, to a lesser extent, gender. In the context of race, the Court has struck down not only race-specific policies designed to harm the historically oppressed, but race conscious policies designed to foster racial equality. Although in theory the Court has left open the possibility that benign uses of race may be constitutional under some set of facts, in …

In The Wake Of Hopwood: An Update On Affirmative Action In The Education Arena, Carla Pratt

Faculty Articles

No abstract provided.

Toward A Formative Project Of Securing Freedom And Equality, Linda C. Mcclain

Faculty Scholarship

This Symposium offers an occasion to pursue two important tasks: (1) identifying normative and constitutional foundations for an affimnative governmental responsibility to engage in a "formative project" that would foster persons' capacities for democratic and personal self-government;' and (2) exploring the mix of normative and empirical inquiries necessary to shape the proper goals and parameters of such a project. These tasks are relevant to my larger project of attempting to develop a synthetic, or feminist and liberal, normative account of rights, responsibilities, and governmental promotion of good, self-governing lives.2 That account argues for governmental responsibility to foster the preconditions for …

Implementing Antiessentialism: How Gender Wars Turn Into Race And Class Conflict, Joan C. Williams

Faculty Scholarship

No abstract provided.

Do Wives Own Half? Winning For Wives After Wendt, Joan C. Williams

Faculty Scholarship

No abstract provided.

Market Work And Family Work In The 21st Century, Joan C. Williams

Faculty Scholarship

No abstract provided.

Is Law An Art Or A Science?: Comments On Objectivity, Feminism, And Power, Joan C. Williams

Faculty Scholarship

No abstract provided.

Tribute To Curt Berger, Joan C. Williams

Faculty Scholarship

No abstract provided.

The Private Law Of Race And Sex: An Antebellum Perspective, Adrienne D. Davis

Scholarship@WashULaw

In this article, Professor Adrienne D. Davis traces the interaction of race, sex, and estate law in the antebellum and postbellum South. Through a close analysis of intestate succession and testamentary transfers involving the formerly enslaved, she unearths the role of private law in reconciling and preserving both property rights and racial hierarchy. The article centers on a series of historical case studies involving the rights of formerly enslaved women and their children to postmortem transfers of wealth. While the law of private property generally served to reinforce racial hierarchy, these cases involved the use of property rights -- specifically, …

The Woody Allen Blues: “Identity Politics,” Race, And The Law, Jerome M. Culp

Faculty Scholarship

No abstract provided.

Leveling The Playing Field: Reforming The Office For Civil Rights To Achieve Better Title Ix Enforcement, Sudha Setty

Faculty Scholarship

In this Article the Author discusses improving Title IX compliance in athletic programs by reforming the Office for Civil Rights ("OCR"), the agency within the Department of Education responsible for Title IX enforcement. The Author addresses several problem areas within OCR's procedures, including OCR's approach toward student grievances, its standards for assessing alleged Title IX violations, and its inadequate monitoring and enforcement of institutions in violation of Title IX.

Part I introduces the history of Title IX. Part II describes the legislation and regulations that mandate gender equity in educational institutions. Part III summarizes the case law that has affected …

Revaluing Restitution: From The Talmud To Postsocialism, Michael A. Heller, Christopher Serkin

Faculty Scholarship

Whatever happened to the study of restitution? Once a core private law subject along with property, torts, and contracts, restitution has receded from American legal scholarship. Few law professors teach the material, fewer still write in the area, and no one even agrees what the field comprises anymore. Hanoch threatens to reverse the tide and make restitution interesting again. The book takes commonplace words such as "value" and "gain" and shows how they embody a society's underlying normative principles. Variations across cultures in the law of unjust enrichment reflect differences in national understandings of sharing, property, and even personhood. As …

Introduction: Reconnecting Labor And Civil Rights Advocacy, Susan P. Sturm

Faculty Scholarship

Labor and civil rights movements in the United States share the aspiration of empowering workers to attain economic and social justice in the workplace. From their inception, both movements have articulated goals that link individual dignity and group empowerment, economic access and fair treatment, legal entitlements and political mobilization. They proceed on the premise that the workplace is a site where vital economic interests and possibilities for self-development come together. Put otherwise, both forms of advocacy strive for a regime that links these concerns to do justice to the workplace as a site for the expression of democratic citizenship.

Democracy And Inclusion: Reconceptualizing The Role Of The Judge In A Pluralist Polity, Sylvia R. Lazos Vargas

Maryland Law Review

No abstract provided.

Police Reform And The Department Of Justice: An Essay On Accountability, Debra A. Livingston

Faculty Scholarship

In 1994, Congress promulgated a significant piece of legislation that may prove to have an extremely important impact on the operation of local police departments. Section 14141 of Title 42, enacted as part of the Violent Crime Control and Law Enforcement Act of 1994, prohibits governmental authorities or those acting on their behalf from engaging in "a pattern or practice of conduct by law enforcement officials" that deprives persons of "rights, privileges, or immunities secured or protected by the Constitution or laws of the United States." Whenever the Attorney General has reasonable cause to believe that a violation has occurred, …

The Supreme Court, Sexual Citizenship And The Idea Of Progress, Kendall Thomas

Faculty Scholarship

Is American Progressive Constitutionalism dead ... yet? I propose to seek the beginnings of an answer to this question in the pages of a recent decision by the United States Supreme Court. I do feel obliged to say this, not because I am committed to a court-centered adjudicative conception of American constitutionalism; to the contrary. But rather, because the decision on which I want to focus seems to me to offer a rich resource for critical reflection on the idea of self-government whose connections to Progressive Constitutionalism give us our topic this afternoon.

The Imposition Of The Death Penalty In The United States Of America: Does It Comply With International Norms?, Beverly Mcqueary Smith

Scholarly Works

No abstract provided.

Proceedings Of The 1999 Annual Meeting, Association Of American Law Schools Section On Employment Discrimination Law: Is There A Disconnect Between Eeo Law And The Workplace?, Douglas D. Scherer, James C. Sharf, Richard T. Seymour, Maria O'Brien Hylton, Paulette Caldwell

Scholarly Works

No abstract provided.

Equal Rights, Special Rights, And The Nature Of Antidiscrimination Law, Peter J. Rubin

Michigan Law Review

Despite the continued belief held by most Americans that certain characteristics should not form the basis for adverse decisions about individuals in employment, housing, public accommodations, and the provision of a wide range of governmental and private services and opportunities, antidiscrimination laws have increasingly come under attack on the ground that they provide members of the group against whom discrimination is forbidden with "special rights." The "special rights" objection has been voiced most strongly, but not exclusively, against laws that seek to prohibit discrimination on the basis of sexual orientation. This line of attack has not always been effective, but …

Status Rules: Doctrine As Discrimination In A Post-Hicks Enivronment, Ruth Gana Okedji

Florida State University Law Review

No abstract provided.

Race, The Immigration Laws, And Domestic Race Relations: A "Magic Mirror'' Into The Heart Of Darkness, Kevin R. Johnson

Indiana Law Journal

No abstract provided.

Unprotected Until Forty: The Limited Scope Of The Age Discrimination In Employment Act Of 1967, Bryan B. Woodruff

Indiana Law Journal

No abstract provided.

… And From The Associate, Myriam E. Gilles

Articles

No abstract provided.

Board Of Education V. Taxman: The Unpublished Opinions- Introduction, Michael J. Yelnosky, Ann C. Mcginley

Law Faculty Scholarship

No abstract provided.

Coming Out: Decision-Making In State And Federal Sodomy Cases, Susan Ayres

Faculty Scholarship

In 1791, American states were enacting laws against sodomy at the same time they ratified the Bill of Rights, the first ten constitutional amendments meant to safeguard fundamental rights of individuals in a free society. In a March 1789 letter to James Madison, Thomas Jefferson asserted that a bill of rights was necessary to give the judiciary the power to protect such individual rights. Ironically, that which the judiciary gives, it may also take away, since "[t]he legislator is a writer. And the judge a reader."

This Article deconstructs recent sodomy cases in order to challenge judicial adoption or reinscription …

Environmental Justice And Community Empowerment: Learning From The Civil Rights Movement , R. Gregory Roberts

American University Law Review

No abstract provided.

The Race Convention And Civil Rights In The United States, Theodore M. Shaw

City University of New York Law Review

No abstract provided.

Whither Weber?, Michael J. Yelnosky

Law Faculty Scholarship

No abstract provided.