Civil Rights and Discrimination Commons^™

Disparate Effects In The Criminal Justice System: A Response To Randall Kennedy's Comment And Its Legacy, Janai S. Nelson

Faculty Publications

For many African Americans, the criminal justice system symbolizes an oppressive force, and yet, is a necessary institution in an increasingly lawless society. African Americans are at the same time its victims and beneficiaries, although various sentiments exist regarding the extent to which they are either. It is precisely this paradox, coupled with the promulgation of certain criminal legislation and legal precedent which directly and, potentially, adversely affect the African-American community that inspired the author to address the issues and arguments raised in Randall Kennedy's The State, Criminal Law, and Racial Discrimination: A Comment, 107 Harv. L. Rev. 1255 (1994), …

Equal Protection Held Hostage: Ransoming The Constitutionality Of The Hostage Taking Act, Victor C. Romero

Faculty Scholarship

This Article contends that, following the Supreme Court's lead in Adarand Constructors, Inc. v. Peña and City of Cleburne v. Cleburne Living Centers, Inc., the continuing maltreatment of noncitizens in this country requires that federal alienage classifications be reviewed with the same strict, or at least heightened rational basis, scrutiny applied to state legislation.

Part II of this Article describes the 1979 Hostage Taking Convention and sets forth some of its provisions in an effort to better understand the impetus for the HTA. Part III examines the legislative history of the HTA and briefly describes the Yunis case as …

A Postscript On Vmi, Elizabeth Schneider

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Advocacy Scholarship And Affirmative Action, Charles F. Abernathy

Georgetown Law Faculty Publications and Other Works

The books, The New Color Line by Paul Craig Roberts and Lawrence M. Stratton, and We Won't Go Back by Charles R. Lawrence III and Mari J. Matsuda, debate the problem of reform and overreaching in tough, advocacy-oriented prose. The first argues that racial reform was necessary but has gone too far-has even become morally self-corrupting-by its adoption of quotas and affirmative action. The second argues that racial reform was necessary and that we need more, not less affirmative action, and not only for blacks, but for women, Asian-Americans, Chicanos, poor people, and generally all "subordinated classes." Its title, therefore, …

Was Slavery Unconstitutional Before The Thirteenth Amendment? Lysander Spooner’S Theory Of Interpretation, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

In 1843, radical abolitionist William Lloyd Garrison called the Constitution of the United States, "a covenant with death and an agreement with hell." Why? Because it sanctioned slavery, one of the greatest crimes that one person can commit against another. Slavery was thought by abolitionists to be a violation of the natural rights of man so fundamental that, as Lincoln once remarked: "If slavery were not wrong, nothing is wrong." Yet the original U.S. Constitution was widely thought to have sanctioned this crime. Even today, many still believe that, until the ratification of the Thirteenth Amendment prohibiting involuntary servitude, slavery …

The End Of Busing?, Davison M. Douglas

Faculty Publications

No abstract provided.

Race And Criminal Justice, Richard B. Collins

Publications

No abstract provided.

Utilitarianism Left And Right: A Response To Professor Armour, Robert F. Nagel

Publications

No abstract provided.

Playing Defense, Robert F. Nagel

Publications

Noting that the Romer opinion condemns the motives behind Amendment 2 without pausing even briefly to examine the social context in which it was enacted, Professor Nagel describes the decision as a model of the intolerant impulse in action. He traces this impulse to the Justices' unwillingness to examine their own role--and that of the rest of the constitutional law establishment--in creating the underlying conditions that produced Amendment 2.

In order to identify those conditions, Professor Nagel analyzes the primary document used by Colorado for Family Values during its campaign on behalf of the initiative. He argues that this document …

Direct Democracy And Distrust: The Relationship Between Language Law Rhetoric And The Language Vigilantism Experience, Steven W. Bender

Faculty Articles

Revitalized after the passage of California's Proposition 187, the English language movement continues its national campaign for restrictive language laws at the local, state, and federal levels of government. Thus far, the English language laws and initiatives adopted or urged have addressed government speech - the language of government employees and of government communications, records, and publications. English language laws adopted by the states have not yet extended to public speech (such as newspapers and other media) or to private speech (such as language in the home). Yet, individuals speaking a language other than English have increasingly come under attack …

Foreword: Toward A Radical And Plural Democracy, Robert S. Chang

Faculty Articles

In this foreword, Professor Chang lays the foundation for a discussion on the systematic discrimination built in to the United States democracy. He points out how this foundation caters to the prototypical straight, white male. The foreword ends with how these issues are addressed specifically in the symposium.

Being Between: A Review Of Chinese Women Traversing Diaspora: Memoirs, Essays, And Poetry, Margaret Chon

Faculty Articles

In this essay Professor Chon reviews Chinese Women Traversing Diaspora: Memoirs, Essays, and Poetry. Chinese Women Traversing Diaspora is the second volume of a series on the theme of "Gender, Culture, and Global Politics." Professor Sharon Hom, who edited this volume, deliberately contextualizes the "I" and "we" that supply the narrative voice and subject in each of these works as specific ethnic, gendered, and generational locations within Asian America. However, Professor Chon illustrates how this anthology is not so much about the "I" as it is about the "we." Professor Horn is engaged in a project of excavating individual histories …

The Role Of The Organization Of African Unity (Oau) In Regional Conflict Resolution And Dispute Settlement, Peter Mweti Munya

LLM Theses and Essays

The emergence of an artificially constructed modern state with internal contradictions, sophisticated state apparatus, and weaponry, coupled with external forces has made Africa one of the most unstable regions in the world, and peace prospects a daunting task. The post-cold war era punctuated by forces of economic liberalization and dominance of the Breton Woods institutions in the economic management of the developing countries has not only accelerated the economic marginalization of Africa placing her at the fringes of the global economy but also wrought insecurity in their wake. This post-cold war and serves to emphasize the need for the OAU …

Bucking Up Buckley Ii: Using Civil Rights Claims To Enforce The Federal Student Records Statute, Lynn M. Daggett

Seattle University Law Review

This Article explores enforcement of Buckley and, in particular, the possibilities of using Section 1983 claims for this purpose. It concludes that Section 1983 claims have only limited potential, under narrowly defined circumstances, as a remedy for Buckley violations. Part I of this Article summarizes Buckley's substantive provisions; a comprehensive review is available in a companion article. Part II reviews enforcement of Buckley, other than through Section 1983 claims. Specifically, Part II examines the statute's two enforcement mechanisms as well as the potential of state law tort claims to enforce Buckley and the indirect enforcement mechanism of workplace discipline of …

Female Genital Mutilation: United States Asylum Laws Are In Need Of Reform, Amy Stern

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Crushing Equality: Gender Equal Sentencing In America, Christopher M. Alexander

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Limiting Liability Through Education: Do School Districts Have A Responsibility To Teach Students About Peer Sexual Harassment?, Diane M. Welsh

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Sexual Harassment Proscriptive Polices Of The European Community, Ireland, And New Zealand, John C. Penn

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Sex Discrimination And Sexual Harassment In Agricultural Labor, Maria M. Dominguez

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Expanding The Feminist Imagination: An Analysis Of Reproductive Right, Edith L. Pacillo

American University Journal of Gender, Social Policy & the Law

No abstract provided.

An Old Debate Continues Over Integrated Schools, Davison M. Douglas

Faculty Publications

No abstract provided.

The Fearful Symmetry Of Gay Rights, Religious Freedom, And Racial Equality, Walter J. Walsh

Articles

A decade has now passed since Julia Cooper Mack authored her most controversial judicial opinion, Gay Rights Coalition of Georgetown University Law Center v. Georgetown University. That opinion provoked two acts of Congress aimed at its reversal, newspaper editorials from coast to coast, and over one hundred scholarly authors debating its wisdom. In this short essay, I shall suggest that this extended hermeneutic debate has yet to touch upon the deepest implications of Judge Mack's Georgetown opinion. While recent scholarship on this story praises Judge Mack's unusual ability to reconcile clashing interest groups, a more accurate account might be …

Transcript For Centennial Panel Two Decades Of Intermediate Scrutiny: Evaluating Equal Protection For Women, Journal Of Gender, Social Policy & The Law

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Revisiting Equality: Feminist Thought About Intermediate Scrutiny, Ann Shalleck

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Reflections On The Vmi Decision, Deborah L. Brake

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Universities, Colleges And The Equal Pay Act: The Fourth Circuit Analyzes A Salary Dispute In Stag V. Board Of Trustees, Laura Woodworth Keohane

Campbell Law Review

No abstract provided.

The Use Of Race In The Admissions Programs Of Higher Educational Institutions - A Violation Of The Equal Protection Clause?, Kevin Joyner

Campbell Law Review

This Note examines the burden placed on educational institutions to justify race-conscious admissions programs in light of the Equal Protection Clause. First, this note reviews the facts of the case and the decision in Hopwood. Next, this note provides a background of the law applicable to race-conscious programs by examining: (1) University of California v. Bakke; (2) the underlying theories of interpreting the Fourteenth Amendment; (3) the strict scrutiny standard of review; and (4) the Fourth Circuit's 1994 decision to invalidate a university's race-conscious scholarship program in Podberesky v. Kirwan. Finally, this note analyzes the decision by the Fifth Circuit. …

"The Liberal Agenda": Biblical Values And The First Amendment, Burton Caine

Touro Law Review

No abstract provided.

Legal Ordering Of Family Values: The Case Of Gay And Lesbian Families, Craig W. Christensen

Cardozo Law Review

In the ordinary course of events, an adoption proceeding in the New York County Surrogate's Court is an unlikely candidate for attention in the editorial pages of the New York Times. But In re the Adoption of a Child Whose First Name is Evan was not an everyday proceeding, as Times columnist Anna Quindlen observed.

Unlocking The Closet Door: Protecting Children From Involuntary Civil Commitment Because Of Their Sexual Orientation, Miye Goishi

Faculty Scholarship

No abstract provided.