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Articles 12421 - 12450 of 14884
Full-Text Articles in Civil Rights and Discrimination
Vmi Essays: The Curious Case Of The Virginia Military Institute: An Essay On The Judicial Function, Allan Ides
Vmi Essays: The Curious Case Of The Virginia Military Institute: An Essay On The Judicial Function, Allan Ides
Washington and Lee Law Review
No abstract provided.
Vmi Essays: An Essay On Vmi And Military Service: Yes, We Do Have To Be Equal Together, Mary M. Cheh
Vmi Essays: An Essay On Vmi And Military Service: Yes, We Do Have To Be Equal Together, Mary M. Cheh
Washington and Lee Law Review
No abstract provided.
Case Comments C. Civil Rights Proud V. Stone
Case Comments C. Civil Rights Proud V. Stone
Washington and Lee Law Review
No abstract provided.
Foreword To An Interview With Fred Korematsu, Larry Yackle
Foreword To An Interview With Fred Korematsu, Larry Yackle
Faculty Scholarship
One afternoon in the spring of 1942, Fred Korematsu was arrested for doing what would have been perfectly innocent and natural for millions of other American citizens, but was for him a criminal offense. He went for a stroll with his fianc6e along a public street in San Leandro, California.' By order of General John L. DeWitt, Americans of Japanese ancestry had been directed to remain in their homes during daylight hours and to ready themselves for transport to "assembly centers," where they would wait out the war.' Korematsu's family had already reported to such a center near San Francisco, …
Roots Of The Underclass: The Decline Of Laissez-Faire Jurisprudence And The Rise Of Racist Labor Legislation, David E. Bernstein
Roots Of The Underclass: The Decline Of Laissez-Faire Jurisprudence And The Rise Of Racist Labor Legislation, David E. Bernstein
American University Law Review
No abstract provided.
Civil Rights - Third Circuit Narrows Scope Of Public School District 1983 Liability For The Sexual Abuse Of Students, Nancy L. Harris
Civil Rights - Third Circuit Narrows Scope Of Public School District 1983 Liability For The Sexual Abuse Of Students, Nancy L. Harris
Villanova Law Review (1956 - )
No abstract provided.
Shaw V. Reno: On The Borderline, Emily Calhoun
Civil Rights: Persons Infected With Hiv: Stewart B. Mckinney Foundation V. Town Plan &(And) Zoning Commission: Forcing The Aids Community To Live A Prophylactic Existence, Patrick F. Summers
Civil Rights: Persons Infected With Hiv: Stewart B. Mckinney Foundation V. Town Plan &(And) Zoning Commission: Forcing The Aids Community To Live A Prophylactic Existence, Patrick F. Summers
Oklahoma Law Review
No abstract provided.
Labor Law: Tate V. Browning-Ferris Industries: Oklahoma Creates A Common Law Action For Employment Discrimination, Brad Rogers Carson
Labor Law: Tate V. Browning-Ferris Industries: Oklahoma Creates A Common Law Action For Employment Discrimination, Brad Rogers Carson
Oklahoma Law Review
No abstract provided.
Freeman V. Pitts: A Rethinking Of Public School Desegregation, Frank H. Stubbs Iii
Freeman V. Pitts: A Rethinking Of Public School Desegregation, Frank H. Stubbs Iii
University of Richmond Law Review
On March 31, 1992, the United States Supreme Court unanimously declared that federal district courts have the authority to relinquish supervision and control of a public school desegregation plan in incremental stages, before full compliance has been achieved in every area of school operations. The Court also held that public school districts have no duty to remedy racial imbalance caused by demographic shifts once the vestiges of de jure segregation have been eliminated. Reversing a lower court's ruling, Justice Kennedy, writing for the majority, stated that the decision was consistent with the Court's duties to both remedy constitutional violations and …
Section 1983 Litigation In The Ohio Courts: An Introduction For Ohio Lawyers And Judges, Steven H. Steinglass
Section 1983 Litigation In The Ohio Courts: An Introduction For Ohio Lawyers And Judges, Steven H. Steinglass
Cleveland State Law Review
This review of §1983 litigation in the Ohio courts has three principal goals. First, it provides an introduction to state court §1983 litigation for Ohio lawyers and judges. Commentators have recognized the importance of state court §1983 litigation, and the Supreme Court has begun to pay greater attention to state court §1983 cases. Nonetheless, most §1983 materials focus on the federal courts. Moreover, the few works addressing litigation of §1983 claims in state courts either lack an Ohio focus or, where there is such a focus, deal narrowly with specific Ohio issues. This article seeks to bridge this gap by …
An Education Of Their Own: The Precarious Position Of Publicly Supported Black Colleges After United States V. Fordice, Darryll K. Jones
An Education Of Their Own: The Precarious Position Of Publicly Supported Black Colleges After United States V. Fordice, Darryll K. Jones
Journal Publications
In United States v. Fordice, the United States Supreme Court revisited the awesome task of eliminating race from educational policy. Fordice ostensibly involved the duty of a state to remedy past discrimination in its formerly segregated system of higher education. Mississippi argued that it need only cease further discrimination, while private petitioners and the United States argued that the state must also undertake remedial measures beyond simply ending present discriminatory practices. The Court's rejection of Mississippi's approach and its adherence to the Brown v. Board of Education demand to eliminate race as a factor in educational opportunity uncovered the hidden …
The Legal Rhetorical Structure For The Conversion Of Desegregation Lawsuits To Quality Education Lawsuits, Kevin D. Brown
The Legal Rhetorical Structure For The Conversion Of Desegregation Lawsuits To Quality Education Lawsuits, Kevin D. Brown
Articles by Maurer Faculty
No abstract provided.
Overqualified, Unqualified Or Just Right: Thinking About Age Discrimination And Taggart V. Time, Julia C. Lamber
Overqualified, Unqualified Or Just Right: Thinking About Age Discrimination And Taggart V. Time, Julia C. Lamber
Articles by Maurer Faculty
No abstract provided.
Race(Ial)Matters: The Quest For Environmental Justice Review Essay, Sheila R. Foster
Race(Ial)Matters: The Quest For Environmental Justice Review Essay, Sheila R. Foster
Faculty Scholarship
The essays contained in Race and the Incidence of Environmental Hazards: A Time For Discourse and the recent report by the United States Environmental Protection Agency (EPA), Environmental Equity: Reducing Risk For All Communities represent what appears to be a remarkable consensus that low-income and minority communities bear a disproportionate share of environmental exposures and health risks. These two works also reflect the synergy of efforts by various elements of both the traditional civil rights and mainstream environmental movements to address issues of "environmental racism." Indeed, the current "environmental justice," or "environmental equity,"' movement is a combined effort of grassroots …
Decriminalizing Prostitution: Liberation Or Dehumanization?, Carlin Meyer
Decriminalizing Prostitution: Liberation Or Dehumanization?, Carlin Meyer
Articles & Chapters
No abstract provided.
Did The Slaves Author The Thirteenth Amendment? An Essay In Redemptive History, Guyora Binder
Did The Slaves Author The Thirteenth Amendment? An Essay In Redemptive History, Guyora Binder
Journal Articles
American constitutional interpretation is deeply traditionalist, and privileges original intent. The difficulty with thus authorizing the past in interpreting the Thirteenth Amendment is that it purports to abolish custom and tradition as unjust. This essay argues that, given the Amendment’s denunciation of the polity that enacted it as illegitimate, its questionable formal pedigree, and the agency of the slaves in precipitating, defining, and resolving the crisis that enabled it, the slaves have a moral claim to status as its authors. It follows that the original intent guiding interpretation should be that of the slaves themselves.
Due Process In Death Penalty Commutations: Life, Liberty, And The Pursuit Of Clemency, Daniel T. Kobil
Due Process In Death Penalty Commutations: Life, Liberty, And The Pursuit Of Clemency, Daniel T. Kobil
University of Richmond Law Review
The idea of the last-minute reprieve granted by a distant, unknowable dispenser of mercy to a man condemned to death has a powerful hold on our imaginations. Fyodor Dostoevsky's eleventh hour pardon by the czar in many ways shaped his literary career. The scene of the haunted Death Row prisoner who awaits word from the governor as a ticking clock punctuates his final hours is a stock vignette of Hollywood crime films. Anyone who has ever seized on the slimmest hope, whose fate has been committed to the hands of another - virtually all of us - can identify with …
The Clemency Process In Virginia, Walter A. Mcfarlane
The Clemency Process In Virginia, Walter A. Mcfarlane
University of Richmond Law Review
When asked to contribute an article on the issue of clemency, I immediately knew the area I wanted to address: the procedural and practical aspects of the clemency process in Virginia. While numerous articles have been written about clemency, few have examined the procedural rules and none have comprehensively studied the executive viewpoint regarding this area of the law.
The Quality Of Mercy: Race And Clemency In Florida Death Penalty Cases, 1924-1966, Margaret Vandiver
The Quality Of Mercy: Race And Clemency In Florida Death Penalty Cases, 1924-1966, Margaret Vandiver
University of Richmond Law Review
The scholarly literature on capital punishment includes few empirical studies of executive clemency. Commutations in capital cases have been rare since 1972 when the current era of capital punishment began with the United States Supreme Court's ruling in Furman v. Georgia. A large proportion of pre-1972 death sentences were commuted; examination of clemency decisions in those cases promises to reveal much about the history of capital punishment in the United States. The present study attempts to identify factors which influenced decisions to grant commutations of Florida death sentences pre-Furman, focusing particularly on whether the race of defendants and victims influenced …
Does Sexual Harassment Require Proof Of Psychological Injury? An Analysis Of Harris V. Forklift Systems, Barbara J. Fick
Does Sexual Harassment Require Proof Of Psychological Injury? An Analysis Of Harris V. Forklift Systems, Barbara J. Fick
Journal Articles
This article previews the Supreme Court case Harris v. Forklift Systems, Inc., 510 U.S. 17 (1993). The author expected the Court to address whether, under Title VII the Civil Rights Act of 1965, a plaintiff is required to prove that he or she suffered psychological injury as a result of sexual harassment in the workplace in order to prove a hostile-environment.
The Rights Of Gays To Adopt Children: Fortifying The Defenses Against Societal Prejudice, Stephanie Landay
The Rights Of Gays To Adopt Children: Fortifying The Defenses Against Societal Prejudice, Stephanie Landay
Cardozo Journal of Equal Rights & Social Justice
The article argues that the right of gays to adopt children is often denied due to societal prejudices and biases, which influence court decisions. It advocates for the adoption of the "nexus test" to ensure that decisions are based on the best interest of the child, free from discrimination. The article also emphasizes the need to classify gays as a suspect class to overturn discriminatory statutes.
Untenable, Unchristian, And Unconstitutional, Carl W. Tobias
Untenable, Unchristian, And Unconstitutional, Carl W. Tobias
Law Faculty Publications
Professor Tobias provides an account of the ultimately successful 1960 efforts to desegregate the Petersburg, Virginia Public Library.
The Supreme Court's Narrow View On Civil Rights, Jack M. Beermann
The Supreme Court's Narrow View On Civil Rights, Jack M. Beermann
Faculty Scholarship
The right to choose abortion, although recently significantly curtailed from its original scope,' is a federally protected liberty interest of women, and is at least protected against the imposition of "undue burdens" by state and local government.2 Some of the most serious threats to women's ability to choose abortion have come not from government regulation, but from private, national, organized efforts to prevent abortions. In addition to seeking change through the political system, some of these organizations, most notably Operation Rescue, have focused on the providers of abortion, and have attempted to prevent abortions by forcibly closing abortion clinics …
State Responses To Task Force Reports On Race And Ethnic Bias In The Courts, Suellyn Scarnecchia
State Responses To Task Force Reports On Race And Ethnic Bias In The Courts, Suellyn Scarnecchia
Articles
While several states have embarked on studies of race and ethnic bias in their courts, Minnesota is only the sixth to publish its report to date. As Minnesota joins the ranks of states with published reports, it is worthwhile to assess the impact of the five earlier published reports from other states. Final reports have been published in Michigan (1989), Washington (1990), New York (1991), Florida (1991) and New Jersey (1992). The published reports make findings and provide several specific recommendations for change. This article will review the published findings and recommendations of the task forces and will discuss the …
Reagan Redux: Civil Rights Under Bush, Neal Devins
Reagan Redux: Civil Rights Under Bush, Neal Devins
Faculty Publications
No abstract provided.
When Civil Rights Go Wrong: Agenda And Process In Civil Rights Reform, Charles F. Abernathy
When Civil Rights Go Wrong: Agenda And Process In Civil Rights Reform, Charles F. Abernathy
Georgetown Law Faculty Publications and Other Works
The aging of the persons leading the civil rights movement is only a metaphor for a more serious aging process that afflicts the movement. It is a sclerotic condition that has kept an old agenda and once-prodding - but now increasingly intolerant - ideas in place, a fixed way of thinking that has become more strident and resistant to change as it has become more complacent with itself. Once the opponent of conformity, some parts of the civil rights community now preach conformity within their communities. I see these not as indices of the venality of the civil rights movement, …
Attitudinal Barriers To Hiring Attorneys With Disabilities, Michael Ashley Stein
Attitudinal Barriers To Hiring Attorneys With Disabilities, Michael Ashley Stein
Faculty Publications
No abstract provided.
A Tribute To Thurgood Marshall, Peter N. Simon
Peremptory Challenges: Free Strikes No More, H. Patrick Furman
Peremptory Challenges: Free Strikes No More, H. Patrick Furman
Publications
No abstract provided.