Civil Rights and Discrimination | Open Access Articles

Punitive Damages--Developments In Section 1983 Cases, Eileen Kaufman, Martin A. Schwartz

Scholarly Works

No abstract provided.

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Ethics, The Legacy Of The Reverend Doctor Martin Luther King, Jr., And The Movement Toward Environmental Justice, Beverly Mcqueary Smith

Scholarly Works

No abstract provided.

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The Dilemma Of Legal Discourse For Public Educational Responses To The "Crisis" Facing African-American Males, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.

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How Radical Is Lani Guinier?, Michael Lewyn

Scholarly Works

No abstract provided.

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Homelessness At The Millennium, Peter W. Salsich

All Faculty Scholarship

This article discusses the government’s response to what appeared at the time to be an overnight explosion of the homeless population in big cities and small towns as a result of major economic and social changes of the early 1980s. In order to respond effectively to underlying problems of homelessness, it explores solutions that are more comprehensive than merely building shelters. The author argues that while homelessness has a direct link to poverty, the government must also address more complex causes including, the lack of adequate mental health care, substance abuse, a decline in the availability of affordable housing, and …

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Ugly: An Inquiry Into The Problem Of Racial Gerrymandering Under The Voting Rights Act, Daniel D. Polsby, Robert D. Popper

Michigan Law Review

In the discussion that follows, we focus on the case of congressional districting rather than on districting in general. Although we proceed in this manner for the sake of clarity, it is also true that no single, all-purpose normative theory of electoral mechanics will cover every case of democratic representation, from county commissions to mosquito control districts to sovereign legislatures. We do not claim that one can generalize our argument to every sort of election to which the VRA might apply. Yet we think our argument does approximate a theory of general application.

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Race And Redistricting: Drawing Constitutional Lines After Shaw V. Reno, T. Alexander Aleinikoff, Samuel Isaacharoff

Michigan Law Review

Shaw is no doubt a major opinion that attempts to define limits on the use of racial or ethnic classifications in electoral redistricting. The main thrust of this article is to assess the critical question of whether Shaw renders unconstitutional the type of race-conscious realignment of electoral configurations that have given meaning to the voting rights reforms of the past two decades. In making this assessment, we try to ascertain exactly how the Court has limited the use of race-conscious districting, and we try to determine whether there is any jurisprudential coherence to the Court's latest confrontation with the law …

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Expressive Harms, "Bizarre Districts," And Voting Rights: Evaluating Election-District Appearances After Shaw V. Reno, Richard H. Pildes, Richard G. Niemi

Michigan Law Review

This article attempts to define the constitutional principles that characterize Shaw and to suggest how those principles might be applied in a consistent, meaningful way. Part I, in which we argue that Shaw must be understood to rest on a distinctive conception of the kinds of harms against which the Constitution protects, is the theoretical heart of the article. We call these expressive harms, as opposed to more familiar, material harms. In Part II, we briefly survey the history of previous, largely unsuccessful, efforts in other legal contexts to give principled content to these kinds of harms in redistricting. …

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Unspeakable Suspicions: Challenging The Racist Consensual Encounter, Peter Schoenburg, Risa Evans

Law Faculty Scholarship

[Excerpt] "In recent years, law enforcement officials have honed a new technique for fighting the "War on Drugs:" the suspicionless police sweep of stations and vehicles involved in interstate mass transportation. Single officers or groups of officers approach unfortunate individuals in busses, trains, stations and airline terminals. A targeted traveller is requested to show identification and tickets, explain the purpose of his or her travels, and finally, at times, to consent to a luggage search. As long as "a reasonable person would understand that he or she could refuse to cooperate," the encounter between the law-enforcement official and the traveller …

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Rethinking Federal Judicial Selection

BYU Law Review

No abstract provided.

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From Freeman To Brown And Back Again: Principle, Pragmatism, And Proximate Cause In The School Desegregation Decisions, David Crump

Washington Law Review

A court deciding a constitutional case should announce a clear principle, one that the people can easily understand and follow. At the same time, such a decision should be pragmatic, in that it should effectively accomplish its goals while treating all affected persons fairly. The simultaneous fulfillment of these two criteria, however, can sometimes be extraordinarily difficult. In this article, Professor Crump considers how well the school desegregation remedies ordered by the Supreme Court fit the tests of principle and pragmatism. He concludes that the early decisions, as well as many of the later ones, do not achieve both goals, …

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The Langugage And Culture (Not To Say Race) Of Peremptory Challenges, Sheri Lynn Johnson

Cornell Law Faculty Publications

No abstract provided.

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Postconviction Review Of Jury Discrimination: Measuring The Effects Of Juror Race On Jury Decisions, Nancy J. King

Vanderbilt Law School Faculty Publications

As the Court has expanded its definition of jury selection techniques that violate constitutional standards, it has narrowed the circumstances that entitle defendants to postconviction relief. These two developments are now colliding; the emerging law is uncertain. One trend, however, is plain: divisions over the utility and propriety of applying harmless error, prejudice, and innocence standards to jury discrimination claims are deepening. By carefully evaluating the validity of some these disputes, I hope to have made remedial choices more informed and more attainable.

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Excuses, Excuses: Neutral Explanations Under Batson V. Kentucky, Michael J. Raphael, Edward J. Ungvarsky

University of Michigan Journal of Law Reform

The legal struggle for racial justice in the United States has always been in part a struggle to determine how best to achieve racial equality. In 1986, in Batson v. Kentucky, the United States Supreme Court attempted to curb racial discrimination in the use of peremptory challenges to strike potential members of a jury. The Court mandated procedures for determining whether a prosecutor had struck members of the venire because of their race. The procedures furnished in Batson are quite general, however, and lower courts have used a variety of standards in implementing them. This Article examines how lower …

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Postconviction Review Of Jury Discrimination: Measuring The Effects Of Juror Race On Jury Decisions, Nancy J. King

Michigan Law Review

In Part I, I review the empirical evidence concerning the effect of jury discrimination on jury decisions. Using the work of social and cognitive psychologists, I argue that the influence of jury discrimination on jury decisions is real and can be measured by judges in certain circumstances. The empirical studies suggest criteria that courts could use to identify the cases in which jury discrimination is most likely to affect the verdict. I also refute the argument that white judges can never predict the behavior of jurors of racial backgrounds different than their own and conclude that judicial estimates of the …

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The University In The Manner Of Tiananmen Square, William W. Van Alstyne

Faculty Publications

No abstract provided.

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Jacob Burns And The Institute For Advanced Legal Studies, David G. Carlson

Cardozo Law Review

Jacob Burns lived a long and fabled life, which was obviously its own reward. Among the very many things that could be said, and the thing I would like to memorialize here, is the profound legacy Mr. Bums left behind at Benjamin N. Cardozo School of Law, where he served as chairman of the board for many years and as founder of the Jacob Bums Institute for Advanced Legal Studies. In his memory, I would like to say a little about the history of this endeavor and Mr. Burns's role in it.

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Judicial Opinions As Binding Law And As Explanations For Judgments, Thomas W. Merrill

Cardozo Law Review

To what extent does the executive branch have autonomous powers of legal interpretation? The issue is often broadly framed in terms of two disparate understandings of the allocation of interpretative power: "judicial supremacy" and "departmentalism." In this paper, I shall speak of two different understandings of judicial opinions: the idea that judicial opinions (or at least the "holdings" of opinions) are legally binding on actors in the executive branch, and the idea that opinions are, from the perspective of executive actors, merely explanations for judicial judgments. I adopt this locution because it focuses more precisely on the core of the …

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The Americans With Disabilities Act “Readily Achievable” Requirement For Barrier Removal: A Proposal For The Allocation Of Responsibility Between Landlord And Tenant, Karen E. Field

Cardozo Law Review

The Americans with Disabilities Act ("ADA") was enacted July 26, 1990. Title III of the ADA, which prohibits discrimination in privately owned places of public accommodation, became effective on January 26, 1992. Members of both the legal and business communities have expressed concern over the attendant costs of compliance with what is commonly referred to as the "barrier removal" requirement of Title III. This provision requires that-to insure that disabled individuals have complete access to goods and serviceslandlords and tenants must "remove architectural, and communication barriers that are structural in nature, in existing facilities ... where such removal is readily …

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Section 2: Discrimination, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

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St. Mary's Honor Center V. Hicks: Interpretation Of Title Vii Takes A Wrong Turn, Teresa C. Postle

West Virginia Law Review

No abstract provided.

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Substantive Equal Protection Analysis Under State V. Russell, And The Potential Impact On The Criminal Justice System, Jeffery A. Kruse

Washington and Lee Law Review

No abstract provided.

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Lords Of Lash, Loom, And Law: Justice Story, Slavery, And Prigg V. Pennsylvania, Barbara Holden-Smith

Cornell Law Faculty Publications

No abstract provided.

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Certificate: In Appreciation For 25 Years Of Service, Florida Community College At Jacksonville, Florida Community College At Jacksonville

Saffy Collection - All Textual Materials

No abstract provided.

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Groveling At The Feet Of Football's Greedy Lords, Kenneth Lasson

All Faculty Scholarship

No abstract provided.

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Wallace V. Dunn Construction Co.: Defining The Role Of After-Acquired Evidence In Federal Employment Discrimination Suits, Hugh Lawson Iii

Mercer Law Review

In Wallace v. Dunn Construction Co. the Eleventh Circuit Court of Appeals faced an issue of first impression in the circuit: the role of after-acquired evidence in actions arising under federal employment discrimination statutes, namely Title VII of the Civil Rights Act of 1964 and the Equal Pay Act. The court held that after-acquired evidence cases in which an employer discovers evidence constituting a permissible reason for discharging an employee after that employee has already been discharged for an impermissible reason are distinguishable from mixed-motive cases in which an employer discharges an employee for several reasons, some permissible and …

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Goldberg V. Town Of Rocky Hill: Second Circuit Refuses To Extend Absolute Immunity To Municipal Defendant, Nancy J. Bladich

Mercer Law Review

In Goldberg v. Town of Rocky Hill, the Second Circuit Court of Appeals held that municipalities sued under The Civil Rights Act, 42 U.S.C. § 1983, were not entitled to absolute immunity from suit. Kenneth Goldberg brought suit against the town of Rocky Hill, Connecticut ("the town"), its mayor, town manager, and councilmen in their official capacities, claiming he was wrongfully discharged. The town moved to dismiss under Federal Rule of Civil Procedure 12(b)(6) claiming absolute immunity from suit. The district court denied the motion holding that the town was not entitled to absolute immunity. The town then brought …

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Proving Environmental Inequity In Siting Locally Unwanted Land Uses, Michael Greenberg

RISK: Health, Safety & Environment (1990-2002)

This paper advances a process for determining whether, e.g., waste-to-energy facilities are disproportionately located in minority and poor communities, and the author asks others to join in searching for a scientifically sound and fair process of resolving conflicting interests in locating LULUs. He also discusses some difficult issues and argues that they need to be addressed by a representative panel.

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Understanding Mixed Motives Claims Under The Civil Rights Act Of 1991: An Analysis Of Intentional Discrimination Claims Based On Sex-Stereotyped Interview Questions, Heather K. Gerken

Michigan Law Review

This Note analyzes the Civil Rights Act of 1991 and relevant case law to determine whether posing sex-stereotyped interview questions is actionable conduct under Title VII. It questions whether proof of discrimination during a phase in the hiring process, specifically during the interview stage, supports a Title VII claim without other independent evidence that the hiring decision was discriminatory. Part I explains that the circuit courts have envisioned the impact of discrimination during the hiring process differently and, as a result, are divided in determining whether sex-stereotyped interview questions are actionable under Title VII. Part II examines the legislative history …

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Health Care In The Inner City: Asking The Right Question, Sidney D. Watson

All Faculty Scholarship

MIAMI-June Kirchik, fifty-eight years old, discovered a large lump in her breast. When she went to a private hospital, she was denied treatment because she was indigent and her case was not considered an emergency. A public hospital performed a biopsy, which was positive, and gave her an appointment for treatment three weeks later. When Mrs. Kirchik arrived for treatment, however, the public hospital turned her away because she had not yet applied for Medicaid. Mrs. Kirchik tried another public hospital, but was turned away because she was not a resident of the hospital's service area. When Mrs. Kirchik's story …

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Full-Text Articles in Civil Rights and Discrimination

Punitive Damages--Developments In Section 1983 Cases, Eileen Kaufman, Martin A. Schwartz

Scholarly Works

Ethics, The Legacy Of The Reverend Doctor Martin Luther King, Jr., And The Movement Toward Environmental Justice, Beverly Mcqueary Smith

Scholarly Works

The Dilemma Of Legal Discourse For Public Educational Responses To The "Crisis" Facing African-American Males, Kevin D. Brown

Articles by Maurer Faculty

How Radical Is Lani Guinier?, Michael Lewyn

Scholarly Works

Homelessness At The Millennium, Peter W. Salsich

All Faculty Scholarship

Ugly: An Inquiry Into The Problem Of Racial Gerrymandering Under The Voting Rights Act, Daniel D. Polsby, Robert D. Popper

Michigan Law Review

Race And Redistricting: Drawing Constitutional Lines After Shaw V. Reno, T. Alexander Aleinikoff, Samuel Isaacharoff

Michigan Law Review

Expressive Harms, "Bizarre Districts," And Voting Rights: Evaluating Election-District Appearances After Shaw V. Reno, Richard H. Pildes, Richard G. Niemi

Michigan Law Review

Unspeakable Suspicions: Challenging The Racist Consensual Encounter, Peter Schoenburg, Risa Evans

Law Faculty Scholarship

Rethinking Federal Judicial Selection

BYU Law Review

From Freeman To Brown And Back Again: Principle, Pragmatism, And Proximate Cause In The School Desegregation Decisions, David Crump

Washington Law Review

The Langugage And Culture (Not To Say Race) Of Peremptory Challenges, Sheri Lynn Johnson

Cornell Law Faculty Publications

Postconviction Review Of Jury Discrimination: Measuring The Effects Of Juror Race On Jury Decisions, Nancy J. King

Vanderbilt Law School Faculty Publications

Excuses, Excuses: Neutral Explanations Under Batson V. Kentucky, Michael J. Raphael, Edward J. Ungvarsky

University of Michigan Journal of Law Reform

Postconviction Review Of Jury Discrimination: Measuring The Effects Of Juror Race On Jury Decisions, Nancy J. King

Michigan Law Review

The University In The Manner Of Tiananmen Square, William W. Van Alstyne

Faculty Publications

Jacob Burns And The Institute For Advanced Legal Studies, David G. Carlson

Cardozo Law Review

Judicial Opinions As Binding Law And As Explanations For Judgments, Thomas W. Merrill

Cardozo Law Review

The Americans With Disabilities Act “Readily Achievable” Requirement For Barrier Removal: A Proposal For The Allocation Of Responsibility Between Landlord And Tenant, Karen E. Field

Cardozo Law Review

Section 2: Discrimination, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

St. Mary's Honor Center V. Hicks: Interpretation Of Title Vii Takes A Wrong Turn, Teresa C. Postle

West Virginia Law Review

Substantive Equal Protection Analysis Under State V. Russell, And The Potential Impact On The Criminal Justice System, Jeffery A. Kruse

Washington and Lee Law Review

Lords Of Lash, Loom, And Law: Justice Story, Slavery, And Prigg V. Pennsylvania, Barbara Holden-Smith

Cornell Law Faculty Publications

Certificate: In Appreciation For 25 Years Of Service, Florida Community College At Jacksonville, Florida Community College At Jacksonville

Saffy Collection - All Textual Materials

Groveling At The Feet Of Football's Greedy Lords, Kenneth Lasson

All Faculty Scholarship

Wallace V. Dunn Construction Co.: Defining The Role Of After-Acquired Evidence In Federal Employment Discrimination Suits, Hugh Lawson Iii

Mercer Law Review

Goldberg V. Town Of Rocky Hill: Second Circuit Refuses To Extend Absolute Immunity To Municipal Defendant, Nancy J. Bladich

Mercer Law Review

Proving Environmental Inequity In Siting Locally Unwanted Land Uses, Michael Greenberg

RISK: Health, Safety & Environment (1990-2002)

Understanding Mixed Motives Claims Under The Civil Rights Act Of 1991: An Analysis Of Intentional Discrimination Claims Based On Sex-Stereotyped Interview Questions, Heather K. Gerken

Michigan Law Review

Health Care In The Inner City: Asking The Right Question, Sidney D. Watson

All Faculty Scholarship