Civil Rights and Discrimination Commons^™

Advanced Issues For Elderlaw Practitioners, Oregon Law Institute, Michael E. Haglund, Penny L. Davis, Richard A. Pagnano, Donna R. Meyer, Tim Nay, Sam Friedenberg

Oregon Law Institute, 1997

Course Materials from the April 18, 1997 Program in Portland

Women's, Men's And Children's Equalities: Some Reflections And Uncertainties, Nancy E. Dowd

UF Law Faculty Publications

One of the most striking ideas that Edward J. McCaffery suggests in Taxing Women is that equality, of the right sort, must be thought of in gendered terms. We must relinquish the idea that we can find or declare some neutral principle that will achieve the goal of equality, particularly with respect to the relationship between work and family, because the social context makes it impossible. Rather, we need to devise gender-specific strategies to achieve equality, even if they are couched in gender-neutral language. In my recent work examining single parent families, I have come to much the same conclusion: …

Slavery And The Arkansas Supreme Court, L. Scott Stafford

University of Arkansas at Little Rock Law Review

No abstract provided.

Scenes From The Southside: A Desegregation Drama In Five Acts, Jennifer E. Spreng

University of Arkansas at Little Rock Law Review

No abstract provided.

More Than A Congressional Joke: A Fresh Look At The Legislative History Of Sex Discrimination Of The 1964 Civil Rights Act, Robert C. Bird

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Including Gender In Bias Crime Statutes: Feminist And Evolutionary Perspectives, Katherine Chen

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

The Equal Rights Amendment: Why The Era Remains Legally Viable And Properly Before The States, Allison L. Held, Sheryl L. Herndon, Danielle M. Stager

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Que, Ya No Hablan Ingles En Este Pais?: A Look At The Constitutionality Of English Only Provisions Under The Free Speech Clause Of The First Amendment, John J. Louizos

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

The Courts, The Government, And Native Americans: The Politics And Jurisprudence Of Systematic Unfairness, Daniel T. Campbell

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Judicial Deference To Administrative Construction Of Washington's Law Against Discrimination: Griffin V Eller And Marquis V. City Of Spokane, Michael Spiro

Washington Law Review

Washington's Law Against Discrimination is a broad remedial statute, granting both a general civil right to be free from discrimination and prohibiting certain specific "unfair practices." Although no person may be prevented from bringing a cause of action to enforce his or her civil rights, the remedies available for unfair practices are more limited. The Washington State Human Rights Commission ("Commission") recognized this statutory distinction, interpreting the Law Against Discrimination ("Act") to grant independent contractors the right to bring a cause of action for violations of their civil rights and to confine the statute's small employer exemption to its own …

The Use Of Self-Regulation To Curb Discrimination And Sexual Harassment In The Legal Profession, Joan Brockman

Osgoode Hall Law Journal

Many law societies in Canada have responded to studies documenting gender bias and sexual harassment in the legal profession by introducing anti-discrimination rules. The Law Society of British Columbia introduced anti-discrimination rules in 1993. This article discusses the attitudes of a stratified random sample of lawyers (50 women and 50 men) called to the Bar in British Columbia between 1986 and 1990, gathered through in-depth interviews conducted in 1993-94. It addresses the question of whether they think the Law Society's rules prohibiting discrimination and sexual harassment will be effective. The article also raises some questions about the role of self-regulation …

Romer V. Evans And Democracy's Domain, Jane S. Schacter

Vanderbilt Law Review

As we gather at this Symposium to probe the definition of democracy in the coming century, it seems fitting to note that we are continuing a very old political conversation rather than initiating a new one. The meaning of democracy has long been contested. One of the most vexing aspects of the debate has always centered on whether and how to limit the majority's prerogative to act in ways that disadvantage minorities. Viewed from a different angle, the question is how to configure the relationship between majority preferences and equality norms. It is the basic dilemma of democratic equality: What …

Hopwood V. Texas: The Beginning Of The End For Racial Preference Programs In Higher Education, Jeremy Moeser

Mercer Law Review

In Hopwood v. Texas, the Court of Appeals for the Fifth Circuit held that the University of Texas ("UT") School of Law's admissions program, which gave preference to African-Americans and Mexican-Americans, violated the Fourteenth Amendment's Equal Protection Clause. For the 1992 school year, the University of Texas School of Law processed applications by using an applicant's Texas Index ("TI") number, a figure comprised of the applicant's undergraduate grade point average and Law School Admissions Test ("LSAT") score. Based on the TI, the law school distributed applications into three categories of review: presumptive admit, presumptive deny, and discretionary zone. For …

Protecting Both Ethnic Minorities And The Equal Protection Clause: The Dilemma Of Language-Based Peremptory Challenges, Justin B. Denton

BYU Law Review

No abstract provided.

House Rules: Is A Supermajority Requirement For Tax Hikes Constitutional?, John O. Mcginnis, Michael B. Rappaport, Susan Low Bloch

Articles

No abstract provided.

Government Lawyers And Their Private “Clients” Under The Fair Housing Act, Eugene R. Gaetke, Robert G. Schwemm

Law Faculty Scholarly Articles

In strengthening enforcement of the federal Fair Housing Act, Congress in the 1988 Fair Housing Amendments Act ("FHAA") authorized government lawyers from the Justice Department, the Department of Housing and Urban Development, and state and local civil rights agencies to prosecute cases "on behalf of” persons aggrieved by housing discrimination. This new enforcement scheme has led to a heightened level of administrative complaints and litigated cases in which government lawyers are put in the potentially difficult position of having to represent both their agency and private complainants.

The "triangular" relationships created by the FHAA between government lawyers and their public …

The Devil And The One Drop Rule: Racial Categories, African Americans, And The U.S. Census, Christine B. Hickman

Michigan Law Review

For generations, the boundaries of the African-American race have been formed by a rule, informally known as the "one drop rule," which, in its colloquial definition, provides that one drop of Black blood makes a person Black. In more formal, sociological circles, the rule is known as a form of "hypodescent" and its meaning remains basically the same: anyone with a known Black ancestor is considered Black. Over the generations, this rule has not only shaped countless lives, it has created the African-American race as we know it today, and it has defined not just the history of this race …

The Unwelcome Judicial Obligation To Respect Politics In Racial Gerrymandering Remedies, Jeffrey L. Fisher

Michigan Law Review

Like it or not, the attack on "bizarrely" shaped majority-minority electoral districts is now firmly underway. Nearly four years have passed since the Supreme Court first announced in Shaw v. Reno that a state's redistricting plan that is "so extremely irregular on its face that it rationally can be viewed only as an effort to segregate the races for purposes of voting" may violate the Equal Protection Clause. Such a district, the Court held, reinforces racial stereotypes, carries us further from the goal of a political system in which race no longer matters, and "threatens to undermine our system of …

The Origins Of The Code Noir Revisited, Alan Watson

Scholarly Works

In a recent article, The Origins and Authors of the Code Noir, my friend Vernon Palmer graciously and courteously took me to task for claiming that the law in the Code Noir was not made "on the spot" in the Antilles, but in Paris. He also said of me and of Hans Baade, "neither author appears to have investigated the actual circumstances of the Code's redaction." I can speak only for myself, and I confess with shame that Professor Palmer is quite correct. I did not investigate the actual circumstances of the redaction of the Code Noir. And I should …

Introduction, Symposium On Section 1983 (Symposium Editor), Sheldon Nahmod

All Faculty Scholarship

No abstract provided.

The Restructuring Of Narrative And Empathy In Section 1983 Cases (Symposium), Sheldon Nahmod

All Faculty Scholarship

No abstract provided.

Foreword: "Racialism" And Reason, Frank I. Michelman

Michigan Law Review

Clueless, I am not; but still I can wonder why I, of all people, was recruited to write a foreword for this symposium - sight unseen, before its component papers had even been submitted. Neither legal representation nor the teaching of it has ever been for me a main activity or focus of scholarly reflection. Although I have written occasionally about race - in defense of busing, on the side of affirmative action - no one could mistake me for a critical race theorist. I am the original-model imperial scholar, as of last report only partially redeemed. "Liberal" is the …

The Underrepresentation Of Minorities In The Legal Profession: A Critical Race Theorist's Perspective, Alex M. Johnson Jr.

Michigan Law Review

Over the last four years, I have taught a course in Critical Race Theory at the University of Virginia School of Law three times. Although each course is different, given the interplay between the teacher and the students and the integration of new developments into the course, there has been one constant subject that the students and I address: Of what import is the development of Critical Race Theory for the legal profession and larger society? Can Critical Race Theory have a positive or any effect for those outside legal academia? This article represents an attempt to explore that question …

Lynching Ethics: Toward A Theory Of Racialized Defenses, Anthony V. Alfieri

Michigan Law Review

So much depends upon a rope in Mobile, Alabama. To hang Michael Donald, Henry Hays and James "Tiger" Knowles tied up "a piece of nylon rope about twenty feet long, yellow nylon." They borrowed the rope from Frank Cox, Hays's brother-in-law. Cox "went out in the back" of his mother's "boatshed, or something like that, maybe it was in the lodge." He "got a rope," climbed into the front seat of Hays's Buick Wildcat, and handed it to Knowles sitting in the back seat. So much depends upon a noose. Knowles "made a hangman's noose out of the rope," thirteen …

Critical Race Praxis: Race Theory And Political Lawyering Practice In Post-Civil Rights America, Eric K. Yamamoto

Michigan Law Review

At the end of the twentieth century, the legal status of Chinese Americans in San Francisco's public schools turns on a requested judicial finding that a desegregation order originally designed to dismantle a system subordinating nonwhites now invidiously discriminates against Chinese Americans. Brian Ho, Patrick Wong, and Hilary Chen, plaintiffs in Ho v. San Francisco Unified School District, represent "all [16,000] children of Chinese descent" eligible to attend San Francisco's public schools. Their high-profile suit, filed by small-firm attorneys, challenges the validity of a 1983 judicial consent decree desegregating San Francisco's schools. Approved in response to an NAACP class action …

The Age Discrimination In Employment Act At Thirty: Where It's Been, Where It Is Today, Where It's Going, Howard C. Eglit

All Faculty Scholarship

No abstract provided.

Shannon Faulkner And The Citadel: The Effects Of Using Litigation As An Instrument Of Social Reform, Becky Hoover Hernstein

Circles: Buffalo Women's Journal of Law and Social Policy

No abstract provided.

Contested Terrains Of Compensation: Equality, Affirmative Action And Diversity In The United States, Taunya L. Banks

Faculty Scholarship

No abstract provided.

Naming The Grotesque Body In The "Nascent Jurisprudence Of Transsexualism", Richard F. Storrow

Michigan Journal of Gender & Law

After a description of an analytical framework constructed of theories drawn from the writings of Mikhail Bahktin, Roland Barthes, and Sigmund Freud, this Article discusses the discrepancies in courts' use of medical authority in cases considering the rights of transsexuals and then analyzes courts' ultimate refusal to recognize transsexuals' psychological sex. The thrust of this Article is an examination of the forces compelling such inconsistencies. The result is an analysis which interweaves medical, juridical, psychological and mythic perspectives to disclose the underpinnings of courts' antipathy toward transsexuals.

The Look Within: Property, Capacity, And Suffrage In Nineteenth-Century America, Jacob Katz Cogan

Faculty Articles and Other Publications

This Note looks at the trajectory of suffrage reform from the late eighteenth century to the adoption of the Fifteenth Amendment and argues that reformers were obsessed with the inner qualities of persons. Whereas the eighteenth century had located a person's capacity for political participation externally (in material things, such as property), the nineteenth century found these qualities internally (in innate and heritable traits, such as intelligence). To chart the transformation, this Note examines the debates over suffrage in the state constitutional conventions of the late eighteenth and nineteenth centuries, as well as contemporaneous commentaries.

Part I will describe the …