Civil Rights and Discrimination Commons^™

Proposition 209, Joseph John Chavez

Theses Digitization Project

No abstract provided.

The Arbitral Imperative In Labor & Employment Law, Roberto L. Corrada

Sturm College of Law: Faculty Scholarship

For the better part of this decade, labor law scholars have turned their attention increasingly to labor law reform. And for good reason. Private sector unionization has fallen from a high of forty percent in the mid-1950s to a low of about eleven percent today. Many reasons—ranging from employer resistance to unionization to union inability to organize in the Sunbelt—explain this decline. Some scholars even suggest that a critical factor has been the Taft-Hartley Act of 1947, whose amendments to the Wagner Act, it is argued, have erected insurmountable barriers to unionization and collective bargaining.

After fifty years, it seems …

Afterword Beyond Sexual Orientation In Queer Legal Theory: Majoritarianism, Multidimensionality, And Responsibility In Social Justice Scholarship Or Legal Scholars As Cultural Warriors, Francisco Valdes

Articles

No abstract provided.

A Clash Of The Titans: Judicial Deference To Arbitration And The Public Policy Exception In The Context Of Sexual Harassment, Stephen Buehrer

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Human Rights Of Women In Central And Eastern Europe, Julie Mertus

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Same-Sex Sexual Harassment After Oncale V. Sundowner Offshore Services, Inc.:Overcoming The History Of Judicial Discrimination In Light Of The "Common Sense" Standard, Jennifer J. Ator

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Why An Insurance Regulation To Prohibit Redlining, 31 J. Marshall L. Rev. 489 (1998), Gregory D. Squires

UIC Law Review

No abstract provided.

Title Vii And Negative Job References: Employees Find Safe Harbor In Robinson V. Shell Oil Company, 31 J. Marshall L. Rev. 521 (1998), Matthew J. Cleveland

UIC Law Review

No abstract provided.

Title Ix's Collegiate Sports Application Raises Serious Questions Regarding The Role Of The Ncaa, 31 J. Marshall L. Rev. 1303 (1998), Darryl C. Wilson

UIC Law Review

No abstract provided.

Affirmative Action Statements, Michigan Journal Of Gender & Law

Michigan Journal of Gender & Law

The student editors of the Michigan Journal of Gender & Law adopted a brief statement for release with other student statements and voted to publish a statement in the Journal. This is their statement in response to the anti-affirmative action lawsuits. Several other Law School student organizations have also provided their statements to publish.

The Mccleskey Puzzle: Remedying Prosecutorial Discrimination Against Black Victims In Capital Sentencing, Ashutosh Bhagwat, Evan Tsen Lee

Faculty Scholarship

No abstract provided.

The Dream Of Diversity And The Cycle Of Exclusion, Stephanie M. Wildman

Trotter Review

The racial transformation of society envisioned in Martin Luther King's dream has been an emotional and powerful ideal. That vision has gone through its own transformation: it was first described as "integration," then "affirmative action," and then "diversity" and "multiculturalism." As each of these phrases acquired negative connotation from reactionary, conservative backlashes, a new phrase has had to be invented to carry forward that transformative vision. Yet the cycle of exclusion that gives privileges to the dominant cultural status quo continues.

Expanding The Circle Of Membership By Reconstructing The Alien: Lessons From Social Psychology And The Promise Enforcement Cases, Victor C. Romero

Faculty Scholarship

Recent legal scholarship suggests that the Supreme Court's decisions on immigrants' rights favor conceptions of membership over personhood. Federal courts are often reluctant to recognize the personal rights claims of noncitizens because they are not members of the United States. Professor Michael Scaperlanda argues that because the courts have left the protection of noncitizens' rights in the hands of Congress and, therefore, its constituents, U.S. citizens must engage in a serious dialogue regarding membership in this polity while considering the importance of constitutional principles of personhood. This Article takes up Scaperlanda's challenge. Borrowing from recent research in social psychology, this …

Damages For Unconstitutional Affirmative Action: An Analysis Of The Monetary Claims In Hopwood V. Texas, Richard Henry Seamon

Articles

No abstract provided.

Book Review: Lessons From Reconstruction For Libertarians: Betrayal And Illusion In The Struggle For Real Equality No Easy Walk To Freedom: Reconstruction And The Ratification Of The Fourteenth Amendment By James E. Bond, Henry W. Mcgee, Jr.

Seattle University Law Review

With regard to the struggles of the newly freed slaves, Dean Bond's study of the Reconstruction legislatures endorses the views of contemporary historians. These historians do not blame the freedman for failure to forge lasting instruments of liberation, instruments that might have transformed the formal equality promised by emancipation into a social order free of the stigmatizing racial oppression upon which American slavery, segregation, and racial oppression has been premised. Diligently researched and written, the book is of significant interest because of the coincidence of the author's empathy with Afro-Americans and his unwavering and unequivocal affirmation of racial equality, principles …

Cohen V. Brown: I Am Woman, Hear Me Score, Ted Riley Cheesebrough

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Foreword Symposium: Fourth Annual Mid-Atlantic People Ofcolor Legal Scholarship Conference: Law And Literature: Examining The Limited Legal Imagination In The Traditional Legal Canon, Sheila R. Foster

Faculty Scholarship

The Fourth Annual Mid-Atlantic People of Color Legal Scholarship Conference, which took place at Rutgers Law School in Camden on February 12-14, 1998, poignantly captured the theme around which the conference was organized. The theme of the conference was "Law and Literature: Examining the Limited Legal Imagination in the Traditional Legal Canon." True to the theme of the conference, many presenters sought to expand our collective imagination through poetry, fiction, and narrative. The presentations were intellectually stimulating and provocative. Indeed, there was a literary quality to some of the presentations. Perhaps most importantly, the conference itself, in the tradition of …

The Hubris Of The Master Chefs Of Diversity Stew, Michael K. Jordan

Faculty Scholarship

This article discusses the dangers of pursuing diversity, be it in the workplace, in a student body, or in a society, in a manner that puts a high level of control in the hands of a few experts using a specifc "recipe". These masters of diversity may pose serious threats to some basic principles that most Americans hold to be essential componenets of what it means to be free, self-determining individuals.

Perspectives On Affirmative Action / Rethinking Racial Divides: Asian Pacific Americans And The Law, Michigan Journal Of Race & Law

Michigan Journal of Race and Law

Statements on affirmative action followed by the Asian Pacific American Law Students Association Symposium.

Affirmative Action: Where Is It Coming From And Where Is It Going?, Denise Page Hood

Michigan Journal of Race and Law

A review of We Wont Go Back: Making the Case for Affirmative Action by Charles R. Lawrence III & Mari J. Matsuda

Foreword Symposium: Fourth Annual Mid-Atlantic People Ofcolor Legal Scholarship Conference: Law And Literature: Examining The Limited Legal Imagination In The Traditional Legal Canon, Sheila R. Foster

Faculty Scholarship

The Fourth Annual Mid-Atlantic People of Color Legal Scholarship Conference, which took place at Rutgers Law School in Camden on February 12-14, 1998, poignantly captured the theme around which the conference was organized. The theme of the conference was "Law and Literature: Examining the Limited Legal Imagination in the Traditional Legal Canon." True to the theme of the conference, many presenters sought to expand our collective imagination through poetry, fiction, and narrative. The presentations were intellectually stimulating and provocative. Indeed, there was a literary quality to some of the presentations. Perhaps most importantly, the conference itself, in the tradition of …

Title Vii And The Reserve Clause: A Statistical Analysis Of Salary Discrimination In Major League Baseball, Jack F. Williams, Jack A. Chambliss

University of Miami Law Review

No abstract provided.

Spiritual Equality, The Black Codes, And The Americanization Of The Freedmen, David F. Forte

Law Faculty Articles and Essays

The notion of spiritual equality grew from the abolitionist movement - the precursor for the political ideology of the radical Republicans. The radical Republicans did not think one could achieve the acceptance of spiritual equality through forced material equality. [I]t was a religious revival that brought our country to confront the reality of slavery. It was a theological doctrine from which we derived our notion of equality in the Reconstruction Amendments. And in that era, the free-thinkers - the secularists of the age - were temporizers on the issue. They were simply of no use in the raising to liberty …

Adea Claimant Can Retain Severance Payments And Sue Former Employer, Susan J. Becker

Law Faculty Articles and Essays

Former employees can maintain claims under the Age Discrimination in Employment Act (ADEA) without first repaying the consideration received for an invalid release of claims. The Supreme Court's pronouncement, Oubre v. Entergy Operations, Inc., 1988 U.S. Lexis 646 (Jan. 26, 1998), may change the way many employers negotiate and execute severance packages and settlements with terminated employees.

Prosecution And Race: The Power And Privilege Of Discretion, Angela J. Davis

Scholarly Articles in Law Reviews & Journals

This article examines prosecutorial discretion and argues it is a major cause of racial inequality in the criminal justice system. It asserts that prosecutorial discretion may instead be used to construct effective solutions to racial injustice. The article maintains that since prosecutors have more power than any other criminal justice officials, with practically no corresponding accountability to the public they serve, they have the responsibility to use their discretion to help eradicate the discriminatory treatment of African Americans in the criminal justice system.

Part I of the Article explains the importance and impact of the prosecution function. Part II discusses …

Regarding Rights: An Essay Honoring The Fiftieth Anniversary Of The Universal Declaration Of Human Rights Introduction: Locating Culture, Identity, And Human Rights Symposium In Celebration Of The Fiftieth Anniversary Of The Universal Declaration Of Human Rights, Tracy E. Higgins

Faculty Scholarship

The half-century since the drafting of the Universal Declaration of Human Rights' has been famously heralded as the "Age of Rights" and the concept of human rights described as "the only political-moral idea that has gained universal acceptance." During the same period, however, both terms defining the subject-human and rights-have become increasingly contested. Informed by the emergence of identity-based political movements, critics have attacked the category human has as bearing the baggage of Western Enlightenment assumptions about personhood and community, inherently racist, sexist, and classist. Theorists across the political spectrum have criticized the concept of rights as indeterminate, destructive of …

Genetic Technology And Its Impact On Culpability For Criminal Actions , Marcia Johnson

Cleveland State Law Review

This article addresses only one issue, one which our judicial system ultimately must address: the criminal responsibility one will bear for committing a crime when the actions are determined by the actor's genetic make-up. Part I of the article traces the roots of genetic research from Darwinism to eugenics and Nazi racial purity theories. Part II reviews theories and studies which support the concept of genetic influence on social, particularly criminal, behavior. Part III considers the impact of the genetic revolution on our criminal justice system with special emphasis on the effect on our system's fundamental concept of free will. …

The Future Of Affirmative Action: The Legal Imperative Nationally And The Ohio Experience, Jack P. Desario, Thomas L. Colaluca, Gina A. Kuhlman

Cleveland State Law Review

This presentation of the legal future of affirmative action will be divided into five sections. The introductory material serves as a general introduction to the issues. The second section will review the origins and evolution of affirmative action. This section will also attempt to provide a definition of this complex concept. The third will provide a detailed analysis of Regents of the University of California v. Bakke. Bakke represents the Supreme Court's first attempt to resolve the legal complexities of affirmative action. The Court's holdings in Bakke have shaped the debate for over 20 years. The fourth segment of this …

The Americans With Disabilities Act: Is It The Next Civil Rights Movement?, Edwina H. Wallace

Theses

This thesis will focus on the plight of disabled individuals. Many, many years ago, people with disabilities were looked upon as being demons or as being some cruel misfortune of nature. As time progressed, our views were not as naïve but the understanding and the empathy were not present.

Since the inception of The Americans with Disabilities Act, employers have been forced to open their doors to a new group of working individuals. The ADA laws have not only allowed individuals to become employed, but have opened doors in other areas as well. It is no longer difficult for disabled …

State Common-Law Choice-Of-Law Doctrine And Same-Sex "Marriage": How Will States Enforce The Public Policy Exception?, L. Lynn Hogue

Faculty Publications By Year

Growth in the number of states legalizing same-sex marriages and civil unions that increasingly mirror the rights afforded married partners has brought renewed focus on the issue of extra-territorial recognition of those relationships. The public policy exception is a primary, state-law-based impediment to the recognition of foreign marriages that do not conform to the forum state's definition of marriage. This article discusses the role of the public policy exception in rejecting recognition of foreign marriages and argues that the public policy exception has constitutional underpinnings that are rooted in principles of federalism and the protection of state sovereignty which inheres …