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Articles 12031 - 12060 of 14884

Full-Text Articles in Civil Rights and Discrimination

The Nativist's Dream Of Return, Robert S. Chang Jan 1996

The Nativist's Dream Of Return, Robert S. Chang

Faculty Articles

In this address, Professor Robert Chang discusses how the current racial paradigm has become naturalized so that race in America is generally understood to mean black and white. It is this notion of race that limits people understanding and willingness to engage with the history and current state of Asian Americans and Latinos in the United States. Instead of being interested participants, they are seen as interlopers. Yet this status as interloper is precisely why Asian Americans and Latinos are important in discussions of race-our existence disrupts the comfortable binary of the black/white racial paradigm in which the black racial …

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Chon On Chen On Chang, Margaret Chon Jan 1996

Chon On Chen On Chang, Margaret Chon

Faculty Articles

This essay attempts to highlight and explore Bob Chang's implicit disclaimers for an Asian American legal scholarship situated within post-structuralism: that it is contingent, ironic, and yearns for a chimerical solidarity, these qualities should not lead to the conclusion that his claims lack positive vision, the narrative space that Chang advocates allows for creative articulations of Asian presence in America, in both theoretical and practical realms. Thus, after considering the nature of the misunderstanding between Chang and Chen, the author will turn briefly to one example of positive articulation-the diaspora perspective-and read it into Jim Chen's text.

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The End Of Innocence Or Politics After The Fall Of The Essential Subject, Robert S. Chang Jan 1996

The End Of Innocence Or Politics After The Fall Of The Essential Subject, Robert S. Chang

Faculty Articles

Stuart Hall, writing in the context of British Cultural Studies, describes the demise of the essential black subject as the end of innocence. We have seen in feminist theory and in critical race theory the debate about essentialism, along with various recuperative proposals such as intersectionality, multiple consciousness, positionality, and strategic essentialism. Rather than revisit those discussions, Professor Chang raises the possibility of constructing new subject positions in an attempt to move us beyond the difference divide, to move us from identity politics as we now know it to political identities. In this essay, Professor Chang asks whether we can …

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Consumer Protection For Latinos: Overcoming Language Fraud And English Only In The Marketplace, Steven W. Bender Jan 1996

Consumer Protection For Latinos: Overcoming Language Fraud And English Only In The Marketplace, Steven W. Bender

Faculty Articles

Non-English-speaking consumers deserve the same protection as other consumers, and thus, this article advocates guarantees for their ability to strike informed bargains. To safeguard consumers most vulnerable to unfair and deceptive trade practices, this article contemplates a comprehensive strategy of reform that involves the legislatures, administrative agencies, and courts, as well as nonprofit organizations that advocate for language minorities and merchants themselves. Part I examines the growth in numbers of monolingual Latino/a consumers and documents their experience in the American marketplace. Part I also explores the shortcomings of existing remedies under the common law and consumer protection regulation when applied …

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Passion And The Asian American Legal Scholar, Robert S. Chang Jan 1996

Passion And The Asian American Legal Scholar, Robert S. Chang

Faculty Articles

Professor Chang discusses what it means to be Asian American, and the strength and vibrancy of the various Asian immigrant groups as they struggled to make a home in the United States. He examines this ongoing struggle, and explores how it is through this struggle that they have become and are becoming Asian Americans.

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Reverse Racism!: Affirmative Action, The Family, And The Dream That Is America, Robert S. Chang Jan 1996

Reverse Racism!: Affirmative Action, The Family, And The Dream That Is America, Robert S. Chang

Faculty Articles

In this essay, Professor Chang explores the interaction of race and family in the affirmative action debate. Although discrimination against women remains rampant in our society, and despite the fact that white women have been the primary beneficiaries of affirmative action, white women are being told that affirmative action hurts them because it hurts their husbands, brothers, and sons. Familial loyalty is being invoked to do the work of an explicit call for white racial solidarity. This strategy may be successful because as late as 1987, even with the increasing rate of interracial marriage, 99% of white Americans were married …

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The Reasons So Many People Support Physician-Assisted Suicide - And Why These Reasons Are Not Convincing, Yale Kamisar Jan 1996

The Reasons So Many People Support Physician-Assisted Suicide - And Why These Reasons Are Not Convincing, Yale Kamisar

Articles

It would be hard to deny that there is a great deal of support in this country-and ever-growing support-for legalizing physician-assisted suicide (PAS). Why is this so? I believe there are a considerable number of reasons. In this article, I shall discuss five common reasons and explain why I do not find any of them convincing.

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Juror Empathy And Race, Douglas O. Linder Jan 1996

Juror Empathy And Race, Douglas O. Linder

Faculty Works

No abstract provided.

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The Limits Of Legal Discourse: Learning From The Civil Rights Movement In The Quest For Gay And Lesbian Civil Rights, Odeana R. Neal Jan 1996

The Limits Of Legal Discourse: Learning From The Civil Rights Movement In The Quest For Gay And Lesbian Civil Rights, Odeana R. Neal

All Faculty Scholarship

The African-American struggle for civil rights has been a long one, one that began with the importation of the first black person into the country as a slave, and continues today. Through radical political struggle coupled with legal precedent, de jure segregation became a part of the past of the United States. Meticulous legal strategizing by the NAACP Legal Defense Fund culminated with the Supreme Court's decision in Brown v. Board of Education, which declared unconstitutional the governmental practice of segregating on the basis of race. Careful legislative lobbying—as well as the threats posed by radical black political groups who …

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Making Equality Law More Effective: Lessons From The German Experience, Ninon Colneric Jan 1996

Making Equality Law More Effective: Lessons From The German Experience, Ninon Colneric

Cardozo Journal of Equal Rights & Social Justice

The article examines the evolution and effectiveness of equality law in Germany, particularly focusing on gender equality. It highlights the significant influence of European Community (EC) law on German legislation and discusses the challenges in implementing these laws to achieve substantial gender equality. The analysis reveals that while progress has been made, there are persistent issues in effectively enforcing these laws.

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Equal Rights-Compatibility Of Family And Career-Legal Comparison: East Germany (Gdr) And Federal Republic Of Germany Today, Anita Grandke Jan 1996

Equal Rights-Compatibility Of Family And Career-Legal Comparison: East Germany (Gdr) And Federal Republic Of Germany Today, Anita Grandke

Cardozo Journal of Equal Rights & Social Justice

The article examines the evolution of gender equality in East Germany from the post-WWII era through the 1990 unification with West Germany, highlighting how East Germany's progressive laws promoting women's rights were rolled back after unification, leading to significant setbacks for women in employment, family life, and legal protections.

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Reach And Substance Of The Principle Of Equal Treatment In Social Security Law Under European Community And German Constitutional Law, Ursula Rust Jan 1996

Reach And Substance Of The Principle Of Equal Treatment In Social Security Law Under European Community And German Constitutional Law, Ursula Rust

Cardozo Journal of Equal Rights & Social Justice

The article examines the principle of equal treatment in social security law under European Community (EC) law and German constitutional law, highlighting their differences in scope and application. While both legal systems prohibit sex-based discrimination, EC law, primarily through Directive 79/7, applies narrowly to specific risks and allows significant exceptions, particularly for survivor and family benefits. In contrast, German constitutional law provides broader protections under the Basic Law, which directly binds the legislature and judiciary to ensure equal rights, though it also struggles with addressing indirect discrimination effectively.

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Dispute Resolution Under The Americans With Disabilities Act: A Report To The Administrative Conference Of The United States, Ann C. Hodges Jan 1996

Dispute Resolution Under The Americans With Disabilities Act: A Report To The Administrative Conference Of The United States, Ann C. Hodges

Law Faculty Publications

Congress passed the Americans With Disabilities Act ("ADA") in 1990 and it became effective in 1992.The statute prohibits discrimination against individuals with disabilities by employers, state and local governments, and public accommodations. With more than two years experience under the statute, an assessment of the effectiveness of the dispute resolution procedures is appropriate. This Article begins with a brief overview of the statute, including an analysis of the dispute resolution procedure under each title. The report then discusses the effectiveness of existing dispute resolution procedures. Finally the report makes recommendations for improving the dispute resolution procedures, including a specific recommendation …

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An Evidentiary Framework For Diversity As A Compelling Interest In Higher Education, Kimberly J. Robinson Jan 1996

An Evidentiary Framework For Diversity As A Compelling Interest In Higher Education, Kimberly J. Robinson

Law Faculty Publications

This Note argues that if courts choose to reexamine evidence on the value of diversity in higher education, they should not apply the evidentiary requirements that the Supreme Court has applied to cases involving questions of past discrimination. Rather, courts should consider the unique nature of diversity in higher education and the protection afforded the academic context in which the evidence is considered and modify their review of the evidence presented accordingly. Furthermore, this Note argues that the interest of an institution of higher education16 in diversity is "compelling" in light of the evidence that a racially diverse student body …

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The Ghosts Of Homer Plessy, Rodney A. Smolla Jan 1996

The Ghosts Of Homer Plessy, Rodney A. Smolla

Faculty Publications

No abstract provided.

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Gay Does Not Necessarily Mean Good: A Critique Of Jeffery Sherman's "Love Speech: The Social Utility Of Pornography", Bridget J. Crawford Jan 1996

Gay Does Not Necessarily Mean Good: A Critique Of Jeffery Sherman's "Love Speech: The Social Utility Of Pornography", Bridget J. Crawford

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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The Rhetoric Of Disrespect: Uncovering The Faulty Premises Infecting Reproductive Rights, Elizabeth A. Riley Jan 1996

The Rhetoric Of Disrespect: Uncovering The Faulty Premises Infecting Reproductive Rights, Elizabeth A. Riley

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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The Effect On The Child Of A Custodial Parent's Involvement In An Intimate Same-Sex Relationship - North Carolina Adopts The "Nexus Test" In Pulliam V. Smith, Vicki Parrott Jan 1996

The Effect On The Child Of A Custodial Parent's Involvement In An Intimate Same-Sex Relationship - North Carolina Adopts The "Nexus Test" In Pulliam V. Smith, Vicki Parrott

Campbell Law Review

This Note examines the North Carolina Court of Appeals decision in Pulliam v. Smith. First, the Note discusses the facts of the case and the opinion of the North Carolina Court of Appeals. Then, the Note examines (1) child custody law in North Carolina; (2) North Carolina case law addressing the effect on the child of a custodial parent's sexual conduct and sexual orientation; and (3) child custody disputes in other jurisdictions which involve a custodial parent in an intimate same-sex relationship. Next, the Note analyzes the decision in Pulliam and its effect on child custody law in North …

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Three Models Of Affirmative Action Beneficiaries, Thomas W. Merrill Jan 1996

Three Models Of Affirmative Action Beneficiaries, Thomas W. Merrill

Faculty Scholarship

What has caused the affirmative action debate to become so acrimonious? Perhaps some insight may be gained By considering three competing models of affirmative action beneficiaries that underlie this debate: (1) the outsider group model; (2) the interest group model; and (3) what I will call the adversity group model.

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Ballot Propositions And Campaign Finance Reform, Richard Briffault Jan 1996

Ballot Propositions And Campaign Finance Reform, Richard Briffault

Faculty Scholarship

For more than two decades, law and policy in the area of campaign finance reform have been framed by the conflict between the norms of promoting political equality and protecting political participation. Viewing campaign finance as a basic component of political activity, the Supreme Court has generally given political participation priority over equality and has invalidated reforms that would limit spending in order to promote equality. The Court, however, has sustained some restrictions on campaign finance activities of candidates, political parties, and individuals and groups who work with these political professionals. In effect, concern about the capacity of private donations …

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Restructuring Work And Family Entitlements Around Family Values, Joan C. Williams Jan 1996

Restructuring Work And Family Entitlements Around Family Values, Joan C. Williams

Faculty Scholarship

No abstract provided.

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At The Fusion Of Horizons: Incommensurability And The Public Interest, Joan C. Williams Jan 1996

At The Fusion Of Horizons: Incommensurability And The Public Interest, Joan C. Williams

Faculty Scholarship

No abstract provided.

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Changing America: Three Arguments About Asian Americans And The Law, Frank H. Wu Jan 1996

Changing America: Three Arguments About Asian Americans And The Law, Frank H. Wu

Faculty Scholarship

No abstract provided.

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Beyond The Model Minority Myth: Why Asian Americans Support Affirmative Action, Frank H. Wu, Theodore Hsien Wang Jan 1996

Beyond The Model Minority Myth: Why Asian Americans Support Affirmative Action, Frank H. Wu, Theodore Hsien Wang

Faculty Scholarship

No abstract provided.

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Identity Notes Part One: Playing In The Light, Adrienne D. Davis Jan 1996

Identity Notes Part One: Playing In The Light, Adrienne D. Davis

Scholarship@WashULaw

This Essay had its origins in a panel held during the Washington College of Law at American University's conference on Race, Law and Justice: The Rehnquist Court and the American Dilemma on September 21, 1995. The title of my panel, "Beyond Black and White: Race Conscious Policies and the 'Other Minorities,'" crafted by the conference organizers accomplishes subtly several things that I hope to continue in more explicit fashion in this Essay. The title challenges false binary racial logic from the position of groups who are neither Black nor white. It also foregrounds the history behind the development of this …

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How To Count To Fifteen: Determining The Jurisdictional Scope Of Title Vii: An Analysis Of Walters V. Metropolitan Educational Enterprises Inc., Barbara J. Fick Jan 1996

How To Count To Fifteen: Determining The Jurisdictional Scope Of Title Vii: An Analysis Of Walters V. Metropolitan Educational Enterprises Inc., Barbara J. Fick

Journal Articles

This article previews the Supreme Court case Walters v. Metropolitan Educational Enterprises, Inc., 519 U.S. 202 (1997). The author expected the Court to consider how the number of employees of a particular employer should be counted for for purposes of Title VII of the Civil Rights Act of 1964.

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Rethinking Religion And Public School Education, Marjorie A. Silver Jan 1996

Rethinking Religion And Public School Education, Marjorie A. Silver

Scholarly Works

No abstract provided.

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Admissibility Of Investigatory Reports In § 1983 Civil Rights Actions - A User's Manual, Martin A. Schwartz Jan 1996

Admissibility Of Investigatory Reports In § 1983 Civil Rights Actions - A User's Manual, Martin A. Schwartz

Scholarly Works

No abstract provided.

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Hopwood: Was This The African-American Nightmare Or The African-American Dream?, Kevin D. Brown Jan 1996

Hopwood: Was This The African-American Nightmare Or The African-American Dream?, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.

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The New Logic Of Affirmative Action, Charles W. Collier Dec 1995

The New Logic Of Affirmative Action, Charles W. Collier

UF Law Faculty Publications

Is affirmative action inherently preferential, discriminatory, and thus inconsistent with the Constitution's guarantee of equal protection? This question is basic to the legal discussion of affirmative action, and yet it seems to me that it has not been adequately addressed, much less analyzed. Clearly, there is no shortage of individual abuses and misuses in the name of “affirmative action,” and these have been amply documented elsewhere. My primary concern is with what might be termed the “logic” of affirmative action.

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