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Articles 11641 - 11670 of 14884

Full-Text Articles in Civil Rights and Discrimination

Book Review. Making Civil Rights Law: Thurgood Marshall And The Supreme Court, 1936-1961, Kevin D. Brown Jan 1998

Book Review. Making Civil Rights Law: Thurgood Marshall And The Supreme Court, 1936-1961, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.

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Marital Status Discrimination In Washington: Relevance Of The Identity And Actions Of An Employee's Spouse, Katrina R. Kelly Jan 1998

Marital Status Discrimination In Washington: Relevance Of The Identity And Actions Of An Employee's Spouse, Katrina R. Kelly

Washington Law Review

Before 1993, Washington's employment anti-discrimination statute did not define the term "marital status," and courts interpreted the term broadly to include discrimination based upon the actions or identity of an employee's spouse. A 1993 amendment to the Law Against Discrimination added a definition of marital status. Although the Supreme Court of Washington has not yet considered the impact of this amendment, the dissent in Magula v. Benton Franklin TitlCeo . argued that the change in the statute should narrow the interpretation of marital status to exclude the identity and actions of an employee's spouse. This Comment argues that the scope …

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Thou Shalt Not Sue The Church: Denying Court Access To Ministerial Employees, Shawna Meyer Eikenberry Jan 1998

Thou Shalt Not Sue The Church: Denying Court Access To Ministerial Employees, Shawna Meyer Eikenberry

Indiana Law Journal

No abstract provided.

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Reframing The Affirmative Action Debate, Lani Guinier Jan 1998

Reframing The Affirmative Action Debate, Lani Guinier

Kentucky Law Journal

No abstract provided.

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The Limits Of Feminism, Emily Sherwin Jan 1998

The Limits Of Feminism, Emily Sherwin

Cornell Law Faculty Publications

No abstract provided.

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Puerto Rico 1898-1998: The Institutionalization Of Second Class Citizenship? Jan 1998

Puerto Rico 1898-1998: The Institutionalization Of Second Class Citizenship?

Penn State International Law Review (1982 - 2011)

No abstract provided.

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Protecting Basic Rights Of Citizens, Ellen Catsman Freidin, Ann C. Mcginley Jan 1998

Protecting Basic Rights Of Citizens, Ellen Catsman Freidin, Ann C. Mcginley

Scholarly Works

Revision 9 suggests three important changes to the basic rights provision of the Florida Constitution. First, it would add “female and male alike” to define “natural persons who are equal before the law.” This change expressly recognizes equality of the sexes. Second, it would prohibit the government from depriving a person of any right because of the person’s national origin. Finally, the revision prohibits the government from depriving a person of any right because of “physical disability,” replacing the currently existing protection for “physical handicap.”

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Affirmative Action Awash In Confusion: Backward-Looking-Future-Oriented Justifications For Race-Conscious Measures, Ann C. Mcginley Jan 1998

Affirmative Action Awash In Confusion: Backward-Looking-Future-Oriented Justifications For Race-Conscious Measures, Ann C. Mcginley

Scholarly Works

The Third Circuit Court of Appeals, sitting en banc, decided Taxman v. Board of Education of the Township of Piscataway, in August 1996. Eight judges agreed that he Board of Education of Piscataway Township, New Jersey violated Title VII of the Civil Rights Act by using race, in accordance with its affirmative action policy, to break a tie between two teachers in the Business Department at Piscataway High School when determining which teacher to lay off. A strong dissent by Chief Judge Sloviter was joined by two other Court of Appeals judges. The majority decision is remarkable in its breadth, …

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Dreaming In Black And White: Racial-Sexual Policing In The Birth Of A Nation, The Cheat, And Who Killed Vincent Chin?, Robert S. Chang Jan 1998

Dreaming In Black And White: Racial-Sexual Policing In The Birth Of A Nation, The Cheat, And Who Killed Vincent Chin?, Robert S. Chang

Faculty Articles

Professor Chang observes that Asians are often perceived as interlopers in the nativistic American "family." This conception of a nativist "family" is White in composition and therefore accords a sense of economic and sexual entitlement to Whites, ironically, even if particular beneficiaries are recent immigrants. Transgressions by those perceived to be "illegitimate," such as Asians and Blacks, are policed either by rule of law or the force of sanctioned vigilante violence. Chang illustrates his thesis by drawing upon the three films referenced.

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Who's Afraid Of Tiger Woods?, Robert S. Chang Jan 1998

Who's Afraid Of Tiger Woods?, Robert S. Chang

Faculty Articles

Responding to media celebrations on the 50th anniversary of Jackie Robinson’s breaking of the color barrier in Major League Baseball that portray America’s battle for racial justice having been won, this article posits putting racially diverse sport stars on a pedestal misleading. This goes on to ask and explain what sports represent in a democratic society and how Tiger Woods forces us to ask the ‘race’ question. Finally, the article discusses multiracialism and LatCrit scholarship.

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The Right Books For The "Rights" Course—A Review Of Four Civil Rights Casebooks, Stephen Shapiro Jan 1998

The Right Books For The "Rights" Course—A Review Of Four Civil Rights Casebooks, Stephen Shapiro

Seattle University Law Review

This essay originally started out as a review of Charles Abernathy's casebook, <em>Civil Rights and Constitutional Litigation</em>, which the author was using to teach his "Civil Rights Litigation" course at the University of Baltimore. Since at some point in his career the author has used three of the four major casebooks available to law faculty teaching Civil Rights (the Abernathy casebook, Eisenberg's <em>Civil Rights Legislation</em>, and Low and Jeffries's <em>Civil Rights Actions</em>), he decided to extend this review to all four books. All four are quite good, including the newest, Nahmod, Wells & Eaton's <em>Constitutional Torts</em>. They all differ, however, …

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Book Review Of Employment Discrimination Law, James S. Heller Jan 1998

Book Review Of Employment Discrimination Law, James S. Heller

Library Staff Publications

No abstract provided.

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Universalism, Liberal Theory, And The Problem Of Gay Marriage, Robin West Jan 1998

Universalism, Liberal Theory, And The Problem Of Gay Marriage, Robin West

Georgetown Law Faculty Publications and Other Works

Liberalism, both contemporary and classical, rests at heart on a theory of human nature, and at the center of that theory lies one core commitment: all human beings, qua human beings, are essentially rational. There are two equally important implications. The first we might call the "universalist" assumption: all human beings, not just some, are rational -- not just white people, men, freemen, property owners, aristocrats, or citizens, but all of us. In this central, defining respect, then, we are all the same: we all share in this universal, natural, human trait. The second implication, we might call the "individualist" …

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Justice Ruth Bader Ginsburg And The Virginia Military Institute: A Culmination Of Strategic Success, Scott M. Smiler Jan 1998

Justice Ruth Bader Ginsburg And The Virginia Military Institute: A Culmination Of Strategic Success, Scott M. Smiler

Cardozo Journal of Equal Rights & Social Justice

The note examines Justice Ginsburg's pivotal role in shaping the Supreme Court's approach to gender-based discrimination, particularly through her advocacy for heightened scrutiny of such classifications. It highlights how her efforts culminated in the landmark decision of United States v. Virginia, where the Court ruled that Virginia Military Institute's (VMI) exclusion of women violated the Equal Protection Clause. The decision reinforced the requirement that gender-based classifications must meet an exceedingly persuasive justification, aligning with Ginsburg's long-standing commitment to dismantling gender stereotypes and advancing equal protection principles.

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Threshold Barriers To Title 1 And Title Iii Of The Americans With Disabilities Act: Discrimination Against Mental Illness In Long-Term Disability Benefits, Nancy Lee Firak Jan 1998

Threshold Barriers To Title 1 And Title Iii Of The Americans With Disabilities Act: Discrimination Against Mental Illness In Long-Term Disability Benefits, Nancy Lee Firak

Journal of Law and Health

Any discussion of the ADA presents an organizational challenge not only because of the complex structure of the Act itself, but also because the ADA implicates other complex federal remedial schemes such as the Employee Retirement Income Security Act (ERISA) and the Rehabilitation Act. The social policy implications of the issues under discussion in this article are complex and at times even contradictory, as is perhaps unavoidable. Part II outlines a typical case in which the employer provided inferior long-term disability benefits to those with mental disabilities. The purpose of Part II is to provide the reader with a map …

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Women And The Promise Of Equal Citizenship, Jennifer S. Hendricks Jan 1998

Women And The Promise Of Equal Citizenship, Jennifer S. Hendricks

Publications

Anticipating the decision in United States v. Morrison (2000), holding that the civil rights remedy of the Violence Against Women Act was not a legitimate exercise of Congress's power to enforce the Equal Protection Clause, this article argues that the Act could be upheld as an exercise of Congress's authority under the Citizenship Clause of the Fourteenth Amendment. Congress's authority under the Citizenship Clause is analogous to its authority under the "badges and incidents" doctrine of the Thirteenth Amendment, which allows Congress to provide protection from discriminatory violence. This theory would also guide interpretation of the act to focus on …

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A Kansas Approach To Custodial Parent Move-Away Cases, Steve Leben, Megan Moriarty Jan 1998

A Kansas Approach To Custodial Parent Move-Away Cases, Steve Leben, Megan Moriarty

Faculty Works

No abstract provided.

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Arbitration Of Workplace Discrimination Claims: Federal Law And Compulsory Arbitration, Norris Case Jan 1998

Arbitration Of Workplace Discrimination Claims: Federal Law And Compulsory Arbitration, Norris Case

Touro Law Review

No abstract provided.

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New York Public School Financing Litigation, Honorable Leon D. Lazer Jan 1998

New York Public School Financing Litigation, Honorable Leon D. Lazer

Touro Law Review

No abstract provided.

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Equal Protection, Supreme Court, New York County: Walter V. City Of New York Police Department Jan 1998

Equal Protection, Supreme Court, New York County: Walter V. City Of New York Police Department

Touro Law Review

No abstract provided.

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When A Handicap May Be An Advantage: Mcpherson V. Michigan High School Athletic Association Evaluates The Relationship Of The Rehabilitation Act And The Ada To Athletic Association Maximum Semester Rules, John P. Encarnacion Jan 1998

When A Handicap May Be An Advantage: Mcpherson V. Michigan High School Athletic Association Evaluates The Relationship Of The Rehabilitation Act And The Ada To Athletic Association Maximum Semester Rules, John P. Encarnacion

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

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Foreword (Symposium: Finding A Path To Gender Equality: Legal And Policy Issues Raised By All-Female Public Education), Nadine Strossen Jan 1998

Foreword (Symposium: Finding A Path To Gender Equality: Legal And Policy Issues Raised By All-Female Public Education), Nadine Strossen

Articles & Chapters

No abstract provided.

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Section 98 And The Specialized Practice Of Civil Rights Law, James A. Gardner Jan 1998

Section 98 And The Specialized Practice Of Civil Rights Law, James A. Gardner

Journal Articles

No abstract provided.

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Civil Rights And Self-Concept: Life Stories Of Law, Disability, And Employment, David M. Engel, Frank W. Munger Jan 1998

Civil Rights And Self-Concept: Life Stories Of Law, Disability, And Employment, David M. Engel, Frank W. Munger

Journal Articles

No abstract provided.

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Students' Rights And How They Are Wronged, Nadine Strossen Jan 1998

Students' Rights And How They Are Wronged, Nadine Strossen

University of Richmond Law Review

Defending and enhancing the rights of students and young people has always been a major priority for the American Civil Liberties Union. One reason is that the rights of our nation's youth are always especially embattled - not surprisingly, since they are not yet eligible to vote and, therefore, lack political power.

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Batson Ethics For Prosecutors And Trial Court Judges, Sheri Lynn Johnson Jan 1998

Batson Ethics For Prosecutors And Trial Court Judges, Sheri Lynn Johnson

Cornell Law Faculty Publications

No abstract provided.

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Political Power Of Nuisance Law: Labor Picketing And The Courts In Modern England, 1871-Present, The , Rachel Vorspan Jan 1998

Political Power Of Nuisance Law: Labor Picketing And The Courts In Modern England, 1871-Present, The , Rachel Vorspan

Faculty Scholarship

This inquiry, a comprehensive historical study of the impact of nuisance law on labor picketing in England, comprises six sections. Part I introduces general principles of labor law and nuisance law in the nineteenth century, particularly the legislative scheme of "collective laissezfaire" that emerged after 1871 and remained relatively intact until 1980. Part II examines the use of nuisance doctrines against picketers in the first phase of confrontational picketing from 1889 to 1906, when the appearance of militant unions representing unskilled workers stimulated inventive judicial responses in both private and public nuisance. Part III investigates the much heralded judicial and …

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Asian America's Greatest Hits: A Review Of Angelo Ancheta's Race, Rights, And The Asian American Experience, Kevin M. Pimentel, Ronnie H. Rhoe Jan 1998

Asian America's Greatest Hits: A Review Of Angelo Ancheta's Race, Rights, And The Asian American Experience, Kevin M. Pimentel, Ronnie H. Rhoe

Michigan Journal of Race and Law

A review of Race, Rights, and the Asian American Experience by Angelo N. Ancheta.

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Predicting The Effect Of Italy's Long-Awaited Rape Law Reform On "The Land Of Machismo", Amy J. Everhart Jan 1998

Predicting The Effect Of Italy's Long-Awaited Rape Law Reform On "The Land Of Machismo", Amy J. Everhart

Vanderbilt Journal of Transnational Law

In 1996, the Italian Parliament enacted a new rape law, replacing a law written in 1936 under the direction of Fascist-era leader Benito Mussolini. While the old law classified rape as a crime against public morality, the new law declares it a crime against the person. That it took sixty years to reform the law is a reflection of Italy's long history of subordinating its women. That the law has finally been reformed is a reflection that those women have united to change that attitude. This Note discusses the history of the rape law in Italy and the role of …

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Does A Conspiracy To Terminate At-Will Employment Constitute An Injury To Property? An Analysis Of Haddle V. Garrison, Barbara J. Fick Jan 1998

Does A Conspiracy To Terminate At-Will Employment Constitute An Injury To Property? An Analysis Of Haddle V. Garrison, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case Haddle v. Garrison, 525 U.S. 121 (1998). The author expected the Court to determine whether the termination of an at-will employee can be compensible under 42 U.S.C. § 1985, one of the Reconstruction Era Civil Rights Act.

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