Open Access. Powered by Scholars. Published by Universities.®

Civil Rights and Discrimination Commons™

Open Access. Powered by Scholars. Published by Universities.®

Discipline
Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 4651 - 4680 of 14881

Full-Text Articles in Civil Rights and Discrimination

What Is Sexual Orientation?, Mary Ziegler Jan 2018

What Is Sexual Orientation?, Mary Ziegler

Kentucky Law Journal

At a time when the Supreme Court seems closer than ever before to treating sexual orientation as a suspect classification, consideration of the legal definition of sexual orientation is both timely and important. The Court’s 2015 decision in Obergefell recognizes two guideposts for defining sexual orientation: its immutability and normalcy. While other scholars offer rich and nuanced accounts of the fight for gay, lesbian, transgender, and bisexual rights, they do not fully analyze the history of sexual orientation as a legal category. This Article closes that gap, illuminating the hidden costs of the definition of sexual orientation that Obergefell endorses. …

Go to article

Eliminating Racism And The Diversity Gap In The Video Game Industry, 51 J. Marshall L. Rev. 863 (2018), Elizabeth Hackney Jan 2018

Eliminating Racism And The Diversity Gap In The Video Game Industry, 51 J. Marshall L. Rev. 863 (2018), Elizabeth Hackney

UIC Law Review

No abstract provided.

Go to article

Caged In: The Devastating Harms Of Solitary Confinement On Prisoners With Physical Disabilities, Jamelia Morgan Jan 2018

Caged In: The Devastating Harms Of Solitary Confinement On Prisoners With Physical Disabilities, Jamelia Morgan

Faculty Articles and Papers

This article draws from interviews with currently and formerly incarcerated people with disabilities, disability rights advocates, prisoners' rights advocates, medical experts, legal scholars, and correctional officials, and examines the conditions of confinement, harms, and challenges facing prisoners with physical disabilities in solitary confinement. In addition, this article fills some of the gaps in data and where possible builds on existing data to provide a snapshot into (1) the number of people with physical disabilities; (2) the number of prisoners with physical disabilities in solitary confinement; and (3) the volume of grievances filed by prisoners with disabilities in ten state prison …

Go to article

Invention Of A Slave, Brian L. Frye Jan 2018

Invention Of A Slave, Brian L. Frye

Law Faculty Scholarly Articles

On June 10, 1858, the Attorney General issued an opinion titled Invention of a Slave, concluding that a slave owner could not patent a machine invented by his slave, because neither the slave owner nor his slave could take the required patent oath. The slave owner could not swear to be the inventor, and the slave could not take an oath at all. The Patent Office denied at least two patent applications filed by slave owners, one of which was filed by Senator Jefferson Davis of Mississippi, who later became the President of the Confederate States of America. But …

Go to article

"Because Of Sex", Jack B. Harrison Jan 2018

"Because Of Sex", Jack B. Harrison

Loyola of Los Angeles Law Review

Many Americans currently believe that federal law prohibits discrimination because of sexual orientation and gender identity in the workplace. While it is true that Title VII of the Civil Rights Act of 1964 (“Title VII”) prohibits employers from discriminating because of an employee’s race, color, religion, sex, or national origin, courts and legislators have historically been slow to extend these protections to LGBT workers. The result of this reluctance is that LGBT employees remain largely unprotected under an unpredictable patchwork of laws and policies, consisting of presidential executive orders, private employer initiatives, city and county ordinances, gubernatorial executive orders, and …

Go to article

Buck V. Davis: Anti-Discriminatory Principles In Habeas Corpus Cases, Daniella Rubin Jan 2018

Buck V. Davis: Anti-Discriminatory Principles In Habeas Corpus Cases, Daniella Rubin

Loyola of Los Angeles Law Review

No abstract provided.

Go to article

How The United States Supreme Court Diminished Constitutional Protections Of The Right To Vote And What Congress Can Do About It, Henry Rose Jan 2018

How The United States Supreme Court Diminished Constitutional Protections Of The Right To Vote And What Congress Can Do About It, Henry Rose

Faculty Publications & Other Works

No abstract provided.

Go to article

On The Permanence Of Racial Injustice And The Possibility Of Deracialization, Steven A. Ramirez, Neil G. Williams Jan 2018

On The Permanence Of Racial Injustice And The Possibility Of Deracialization, Steven A. Ramirez, Neil G. Williams

Faculty Publications & Other Works

No abstract provided.

Go to article

Justiciability Of State Law School Segregation Claims, Will Stancil, Jim Hilbert Jan 2018

Justiciability Of State Law School Segregation Claims, Will Stancil, Jim Hilbert

Mitchell Hamline Law Review

No abstract provided.

Go to article

Charter Schools And School Desegregation Law, Will Stancil Jan 2018

Charter Schools And School Desegregation Law, Will Stancil

Mitchell Hamline Law Review

No abstract provided.

Go to article

Awaiting The Rebirth Of An Icon: Brown V. Board Of Education, R. Lawrence Purdy Jan 2018

Awaiting The Rebirth Of An Icon: Brown V. Board Of Education, R. Lawrence Purdy

Mitchell Hamline Law Review

No abstract provided.

Go to article

America's Immigration Policy - Where We Are And How We Arrived: An Immigration Lawyer's Perspective, Howard S. Myers Iii Jan 2018

America's Immigration Policy - Where We Are And How We Arrived: An Immigration Lawyer's Perspective, Howard S. Myers Iii

Mitchell Hamline Law Review

No abstract provided.

Go to article

Sanctuary And Harboring In Trump's America, John Medeiros, Philip Steger Jan 2018

Sanctuary And Harboring In Trump's America, John Medeiros, Philip Steger

Mitchell Hamline Law Review

No abstract provided.

Go to article

Sunlight Is The Best Disinfectant: The Role Of The Media In Shaping Immigration Policy, Ana Pottratz Acosta Jan 2018

Sunlight Is The Best Disinfectant: The Role Of The Media In Shaping Immigration Policy, Ana Pottratz Acosta

Mitchell Hamline Law Review

No abstract provided.

Go to article

Faith-Based Emergency Powers, Noa Ben-Asher Jan 2018

Faith-Based Emergency Powers, Noa Ben-Asher

Elisabeth Haub School of Law Faculty Publications

This Article explores an expanding phenomenon that it calls Faith-Based Emergency Powers. In the twenty-first century, conservatives have come to rely heavily on Faith-Based Emergency Powers as a legal strategy in the culture wars. This typically involves carving faith-based exceptions to rights of women and LGBT people. The novel concept of Faith-Based Emergency Powers is developed in this Article through an analogy to “traditional” emergency powers. In the war-on-terror, conservatives have argued that judges, legislators and the public must defer to the President and the executive branch in matters involving national security. As scholars have shown, this position has three …

Go to article

How Is Sex Harassment Discriminatory?, Noa Ben-Asher Jan 2018

How Is Sex Harassment Discriminatory?, Noa Ben-Asher

Elisabeth Haub School of Law Faculty Publications

What is sexual harassment, and what is its actual harm? Since the 1980s, these two questions have perplexed lawmakers, policymakers, feminists, and the public. Today, with the rise of #MeToo, and with increased national attention to Title IX claims regarding sexual violence on college campuses, these questions are once again in the spotlight. As some commentators have observed, in the last several years lawmakers and policymakers have been increasingly influenced by a feminist antisubordination approach to sexual harassment and assault. This growing influence is currently reflected in more strict standards of consent (“affirmative consent”) to sex, in higher procedural and …

Go to article

When A Wrongful Birth Claim May Not Be Wrong: Race, Inequality, And The Cost Of Blackness, Kimani Paul-Emile Jan 2018

When A Wrongful Birth Claim May Not Be Wrong: Race, Inequality, And The Cost Of Blackness, Kimani Paul-Emile

Fordham Law Review

The year 2017 marked the fiftieth anniversary of the Loving v. Virginia decision, in which a unanimous U.S. Supreme Court struck down as unconstitutional laws prohibiting interracial marriage. Today, when we consider interracial loving, we tend to envision romantic relationships. What is often overlooked, however, is the relationship between parent and child: among the most intimate of relationships. A primary reason for this oversight may be that we do not often conceptualize the parent and child relationship as an interracial space. Indeed, although most people select their romantic partners, few are afforded the opportunity to select their children outside of …

Go to article

Our National Psychosis: Guns, Terror, And Hegemonic Masculinity, Stewart Chang Jan 2018

Our National Psychosis: Guns, Terror, And Hegemonic Masculinity, Stewart Chang

Scholarly Works

In this Article, Professor Stewart Chang, through the examination of three recent mass shooting, proposes that mass shootings driven by hegemonic masculinity should be classified and addressed as acts of terrorism. Professor Chang defines hegemonic masculinity as patterns or practices that promote the dominant social position of men and the subordinate social position of women and other gender identities. In this Article, he examines how hegemonic masculinity is allowed to become mainstream and flourish unchecked based on our characterization, classification and reaction to mass shootings and their perpetrators.

Go to article

Gender Justice: The Role Of Stories And Images, Linda L. Berger, Kathryn M. Stanchi Jan 2018

Gender Justice: The Role Of Stories And Images, Linda L. Berger, Kathryn M. Stanchi

Scholarly Works

In this book chapter, Professor Berger argues for thoughtful metaphor-making and storytelling in legal writing. Exploring legal rhetoric with an eye for gender justice, she argues metaphor and narrative shape perspective and ask the reader to join the writer in the imaginative work of seeing one thing as another. The same shift in perspective that leads to re-conception—a shift that takes advantage of metaphor and narrative’s ability to say what only they can say—is what writers aim to achieve when they use metaphor and narrative for feminist and social justice advocacy.

Go to article

Cisgender Students Rebuffed In Illinois Bathroom Case, Arthur S. Leonard Jan 2018

Cisgender Students Rebuffed In Illinois Bathroom Case, Arthur S. Leonard

Other Publications

No abstract provided.

Go to article

The Spies Who Hate Us: Official Misdeeds And Sowing Distrust In Canadian National Security, Faisal Bhabha Jan 2018

The Spies Who Hate Us: Official Misdeeds And Sowing Distrust In Canadian National Security, Faisal Bhabha

Articles & Book Chapters

No abstract provided.

Go to article

The Fallacy Of Choice: The Destructive Effect Of School Vouchers On Children With Disabilities, Ian P. Farrell, Chelsea Marx Jan 2018

The Fallacy Of Choice: The Destructive Effect Of School Vouchers On Children With Disabilities, Ian P. Farrell, Chelsea Marx

American University Law Review

No abstract provided.

Go to article

Chasing Shadows: The Economic And Noneconomic Thrust Of Bds, Harry G. Hutchison Jan 2018

Chasing Shadows: The Economic And Noneconomic Thrust Of Bds, Harry G. Hutchison

Cardozo International & Comparative Law Review

Proponents of the Boycott, Divestment and Sanctions (BDS) campaign, in combination with left-wing activists and progressive theorists, sustain themselves through perceived adversity with the mantra that the universe evolves toward justice, which, in turn, allows for a focused indignation on Israel for alleged abuses of the Palestinian people. In this account, Israel's conduct thwarts desirable human progress and deserves reproof Alternatively, ire erupts because Israeli Jews are being, well, Jews. Despite persuasive evidence showing the contention that the Arabs of Palestine and the Land of Israel possess the same legal rights as the Jewish people contradicts principles of international law, …

Go to article

The Klan's Constitution, Jared Goldstein Jan 2018

The Klan's Constitution, Jared Goldstein

Law Faculty Scholarship

No abstract provided.

Go to article

Table Of Contents, Public Interest Law Reporter Jan 2018

Table Of Contents, Public Interest Law Reporter

Public Interest Law Reporter

No abstract provided.

Go to article

Sexual Orientation Discrimination Under Title Vii, Joseph Camper Jan 2018

Sexual Orientation Discrimination Under Title Vii, Joseph Camper

Public Interest Law Reporter

No abstract provided.

Go to article

Waiting On A Turnaround: The Student Loan Debt Crisis, Michelle Tinajero Jan 2018

Waiting On A Turnaround: The Student Loan Debt Crisis, Michelle Tinajero

Public Interest Law Reporter

No abstract provided.

Go to article

Policing The Police: The Fight Between Transparency And Censorship, Mercades White Jan 2018

Policing The Police: The Fight Between Transparency And Censorship, Mercades White

Public Interest Law Reporter

No abstract provided.

Go to article

The Earned Income Tax Credit: The Means Tested Welfare That Works, Maha Sadek Jan 2018

The Earned Income Tax Credit: The Means Tested Welfare That Works, Maha Sadek

Public Interest Law Reporter

The Earned Income Tax Credit ("EITC") is a means tested "refundable tax credit for lower-income workers," that was introduced in 1975. This article will focus on the federal EITC through a brief history, its current eligibility requirements, and the possibility of an expansion for childless workers.

Go to article

Is Mediation The Future For Settling Disputes?, Fabiola De Armas Jan 2018

Is Mediation The Future For Settling Disputes?, Fabiola De Armas

Public Interest Law Reporter

No abstract provided.

Go to article

First Prev Next Last