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Full-Text Articles in Civil Rights and Discrimination

Amici Brief Of The Fred T. Korematsu Center For Law And Equality, Jay Hirabayashi, Holly Yasui, Karen Korematsu, Civil Rights Organizations, And National Bar Associations Of Color In Support Of Appellees, Fred T. Korematsu Center For Law And Equality, Robert Chang, Attorneys For Amicus Curiae Apr 2017

Amici Brief Of The Fred T. Korematsu Center For Law And Equality, Jay Hirabayashi, Holly Yasui, Karen Korematsu, Civil Rights Organizations, And National Bar Associations Of Color In Support Of Appellees, Fred T. Korematsu Center For Law And Equality, Robert Chang, Attorneys For Amicus Curiae

Fred T. Korematsu Center for Law and Equality

State of Hawaii v. Trump


Discrimination And Association, Caleb C. Wolanek Apr 2017

Discrimination And Association, Caleb C. Wolanek

Concordia Law Review

In September 2016, the United States Commission on Civil Rights issued a report entitled Peaceful Coexistence: Reconciling Nondiscrimination Principles with Civil Liberties. In that report, the Commission argued that the law permits—and justice requires—that decision-makers prioritize nondiscrimination over civil liberties like freedom of religion and freedom of association. For example, the report endorsed the view that religious liberty should be limited as much as possible to freedom of belief; conduct “should conform to law.” This is because religion is discriminatory and can be used as a front for discriminatory activities. Nondiscrimination policies, in contrast, “are of preeminent importance.” Religious exemptions …


Amici Brief Of The Fred T. Korematsu Center For Law And Equality, Jay Hirabayashi, Holly Yasui, Karen Korematsu, Civil Rights Organizations, And National Bar Associations Of Color In Support Of Appellees, Fred T. Korematsu Center For Law And Equality, Robert Chang, Attorneys For Amicus Curiae Apr 2017

Amici Brief Of The Fred T. Korematsu Center For Law And Equality, Jay Hirabayashi, Holly Yasui, Karen Korematsu, Civil Rights Organizations, And National Bar Associations Of Color In Support Of Appellees, Fred T. Korematsu Center For Law And Equality, Robert Chang, Attorneys For Amicus Curiae

Fred T. Korematsu Center for Law and Equality

International Refugee Assistance Project v. Trump


Card: Thank You Note From President Bill Clinton, William Jefferson Clinton Apr 2017

Card: Thank You Note From President Bill Clinton, William Jefferson Clinton

Saffy Collection - All Textual Materials

Note: To Edna Saffy, your support and friendship during my first term have meant much to me and our administration. Thank you. Bill Clinton.


Certificate Of Subject Of Biographical Record In "Who's Who In The South And Southwest", Marquis Who's Who Publication Board Apr 2017

Certificate Of Subject Of Biographical Record In "Who's Who In The South And Southwest", Marquis Who's Who Publication Board

Saffy Collection - All Textual Materials

The Marquis Who’s Who Publication Board Certifies the Edna. L. Saffy is a subject of biographical record in Who’s Who in the South and Southwest Eighteenth Edition 1982/1983 inclusion in which is limited to those individuals who have demonstrated outstanding achievement in their own fields of endeavor and who have, thereby, contributed significantly to the betterment of contemporary society.


The Missouri Student Transfer Program, Howard E. Fields Iii Apr 2017

The Missouri Student Transfer Program, Howard E. Fields Iii

Dissertations

In 1993, the state of Missouri passed the Outstanding Schools Act. This law was created as a means to ensure that “all children will have quality educational opportunities, regardless of where in Missouri they live.” Section 167.131 of this law states that an unaccredited district must pay the tuition and transportation cost for students who attend an accredited school in the same or adjoining district. This portion of the law became known as the Student Transfer Program.

The Riverview Gardens School District (RGSD) was one of three unaccredited school districts in the state of Missouri in 2013. With close to …


Has The Future Already Been Forgotten? A Post-2007 Transgender Legal History Told Through The Eyes Of The Late, (Rarely) Great Employment Non-Discrimination Act, Katrina C. Rose Apr 2017

Has The Future Already Been Forgotten? A Post-2007 Transgender Legal History Told Through The Eyes Of The Late, (Rarely) Great Employment Non-Discrimination Act, Katrina C. Rose

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


In Solidarity, Musselman Library, Salma Monani, Sarah M. Principato, Dave Powell, Brent C. Talbot, Charles L. Weise, Bruce A. Larson, Scott Hancock, Mckinley E. Melton, David S. Walsh, Jennifer Q. Mccary, Kristina G. Chamberlin Apr 2017

In Solidarity, Musselman Library, Salma Monani, Sarah M. Principato, Dave Powell, Brent C. Talbot, Charles L. Weise, Bruce A. Larson, Scott Hancock, Mckinley E. Melton, David S. Walsh, Jennifer Q. Mccary, Kristina G. Chamberlin

Next Page

This edition of Next Page is a departure from our usual question and answer format with a featured campus reader. Instead, we asked speakers who participated in the College’s recent Student Solidarity Rally (March 1, 2017) to recommend readings that might further our understanding of the topics on which they spoke.


Evicted: The Socio-Legal Case For The Right To Housing, Lisa T. Alexander Apr 2017

Evicted: The Socio-Legal Case For The Right To Housing, Lisa T. Alexander

Faculty Scholarship

Matthew Desmond's Evicted: Poverty and Profit in the American City is a triumphant work that provides the missing socio-legal data needed to prove why America should recognize housing as a human right. Desmond's masterful study of the effect of evictions on Milwaukee's urban poor in the wake of the 2008 U.S. housing crisis humanizes the evicted, and their landlords, through rich and detailed ethnographies. His intimate portrayals teach Evicted's readers about the agonizingly difficult choices that low-income, unsubsidized tenants must make in the private rental market. Evicted also reveals the contradictions between "law on the books" and "law-in-action." Its most …


Willful Blindness Or Deliberate Indifference: The United States' Abdication Of Legal Responsibility To Refugees, Abed A. Ayoub, Yolanda C. Rondon Apr 2017

Willful Blindness Or Deliberate Indifference: The United States' Abdication Of Legal Responsibility To Refugees, Abed A. Ayoub, Yolanda C. Rondon

Barry Law Review

No abstract provided.


Granting Personhood For Sentient Non-Human Animals And Sentient Artificial Intelligences: A Demonstrative Argument, Jeremiah Meadows Apr 2017

Granting Personhood For Sentient Non-Human Animals And Sentient Artificial Intelligences: A Demonstrative Argument, Jeremiah Meadows

Virginias Collegiate Honors Council Conference

While the subject of personhood has been exhaustively debated regarding the unborn, personhood for sentient animals and artificial intelligences is a concept that is rarely deliberated. Humanity has learned that there are multiple animal species which are very similar to humans in their self-awareness, emotional capacity, and free will. These traits have been partially developed for artificial intelligences as well, and those characteristics will evolve alongside human and technological development. As stratified societies emerged, there have been multiple occurrences where individuals were deemed lesser but then later acquired equal standing. Dr. Daniel Wilson, roboticist, wrote in his novel Robopocalypse, “It …


"In Sickness And In Health, Until Death Do Us Part": An Examination Of Fmla Rights For Same-Sex Spouses And A Case Note On Obergefell V. Hodges, Jasmine Foo Apr 2017

"In Sickness And In Health, Until Death Do Us Part": An Examination Of Fmla Rights For Same-Sex Spouses And A Case Note On Obergefell V. Hodges, Jasmine Foo

Journal of the National Association of Administrative Law Judiciary

This note discusses the history of the lesbian, gay, bisexual, and transgender (LGBT) struggle for equal rights alongside the Supreme Court's recent ruling in Obergefell v. Hodges and uses this to examine the potential effect on the rights granted to same-sex spouses by the Family Medical Leave Act (FMLA). Part II records the jurisprudence that has slowly evolved over the past forty to fifty years to make the present a more hospitable era for same-sex marriage to take root today. Part III gives a general overview of the FMLA's history and current form. Part IV reviews the facts prompting the …


Will Focusing On Men's Moral Calculus Make Abortion Less "About" Gender?, Linda C. Mcclain Apr 2017

Will Focusing On Men's Moral Calculus Make Abortion Less "About" Gender?, Linda C. Mcclain

Faculty Scholarship

Decades ago, feminist leader Gloria Steinem quipped that, “if men could get pregnant, abortion would be a sacrament.” As President Trump reinstates restrictions on women’s reproductive rights that the Obama Administration lifted (such as the “global gag rule”), the visual imagery of Trump signing executive orders while surrounded by an audience of white men raises – once again – the question of how gender shapes the abortion issue. In the recent unsuccessful Republican effort to repeal “Obamacare,” when Kansas Senator Pat Roberts was asked whether he supported removing the mandate that insurance companies cover “essential health benefits” such as maternity …


Newsroom: Nyt's Kristof To Address Rwu On Refugees 04-04-2017, Roger Williams University School Of Law Apr 2017

Newsroom: Nyt's Kristof To Address Rwu On Refugees 04-04-2017, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Hair Today, Gone Tomorrow: How Immutable Traits May Become The New Face Of Discrimination As Interpreted In Equal Employment Opportunity Comm'n V. Catastrophe Mgmt. Sols., Cortney Bryson Apr 2017

Hair Today, Gone Tomorrow: How Immutable Traits May Become The New Face Of Discrimination As Interpreted In Equal Employment Opportunity Comm'n V. Catastrophe Mgmt. Sols., Cortney Bryson

North Carolina Central Law Review

No abstract provided.


The Torch (April 2017), Crtp Apr 2017

The Torch (April 2017), Crtp

Torch: The Civil Rights Team Project Newsletter

Civic and Community Engagement | Civil Rights and Discrimination | Education | Gender and Sexuality | Inequality and Stratification | Politics and Social Change | Public Policy | Race and Ethnicity

Recommended Citation

Baldwin, Brandon and Civil Rights Team Project, "Torch (August 2013)" (2013). Torch: The Civil Rights Team Project Newsletter. 58. http://digitalcommons.usm.maine.edu/torch/58

Disciplines

Civic and Community Engagement | Civil Rights and Discrimination | Education | Gender and Sexuality | Inequality and Stratification | Politics and Social Change | Public Policy | Race and Ethnicity


Employment Discrimination And The Domino Effect, Laura T. Kessler Apr 2017

Employment Discrimination And The Domino Effect, Laura T. Kessler

Florida State University Law Review

Employment discrimination is a multidimensional problem. In many instances, some combination of employer bias, the organization of work, and employees’ responses to these conditions, leads to worker inequality. Title VII does not sufficiently account for these dynamics in two significant respects. First, Title VII’s major proof structures divide employment discrimination into discrete categories, for example, disparate treatment, disparate impact, and sexual harassment. This compartmentalization does not account for the fact that protected employees often concurrently experience more than one form of discriminatory exclusion. The various types of exclusion often add up to significant inequalities, even though seemingly insignificant when considered …


Beacon Or Bludgeon? Use Of Regulatory Guidance By The Office For Civil Rights, Stephen S. Worthington Apr 2017

Beacon Or Bludgeon? Use Of Regulatory Guidance By The Office For Civil Rights, Stephen S. Worthington

Brigham Young University Education and Law Journal

No abstract provided.


Table Of Contents Apr 2017

Table Of Contents

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Masthead And Front Matter Apr 2017

Masthead And Front Matter

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Property Rights And Freedom: The Keys To Improving Life In Indian Country, Adam Crepelle, Walter E. Block Apr 2017

Property Rights And Freedom: The Keys To Improving Life In Indian Country, Adam Crepelle, Walter E. Block

Washington and Lee Journal of Civil Rights and Social Justice

American Indians are at the bottom of nearly every indicator of welfare and have been since the founding of the United States. The present paper focuses on but two of the causal agents: lack of private property rights and a dearth of economic freedom. Although addressing these issues will not solve all of Indian country’s problems, strengthening property rights and improving economic freedom will generate opportunities for American Indians to improve their economic and social well-being. This recommendation is easy to implement and aligns well with tribal culture pre-contact.


Civil Rights Remedies In Higher Education: Jurisprudential Limitations And Lost Moments In Time, Lia Epperson Apr 2017

Civil Rights Remedies In Higher Education: Jurisprudential Limitations And Lost Moments In Time, Lia Epperson

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


The Current State Of Election Law In The United States, Mark Rush Apr 2017

The Current State Of Election Law In The United States, Mark Rush

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Overtime: Are Public Employees Compensated For Working Extra Hours?, Thomas P. Dematteo Apr 2017

Overtime: Are Public Employees Compensated For Working Extra Hours?, Thomas P. Dematteo

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


An Examination Of Trans Fat Labeling: Splitting The Third & Ninth Circuit, Jack Gainey Apr 2017

An Examination Of Trans Fat Labeling: Splitting The Third & Ninth Circuit, Jack Gainey

Washington and Lee Journal of Civil Rights and Social Justice

At first glance, consumer claims alleging misleading labeling would seem to find a simple resolution. Under 21 U.S.C. § 343, which governs misbranded food, a food product is misbranded if “its labeling is false or misleading.” However, controversial interpretation of seemingly straightforward statutory language, together with evolving case law, have blurred a once clear picture. Disagreement over the federal preemption of consumer claims regarding trans fat, underscored by a dispute regarding standing, have combined to create a divergence of opinions between courts across the country.

In 2011, the United States District Court for the Northern District of California considered a …


Virginia’S Interpretation Of Ake V. Oklahoma: A Hollow Right, Andrew Monaghan Higgins Apr 2017

Virginia’S Interpretation Of Ake V. Oklahoma: A Hollow Right, Andrew Monaghan Higgins

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Keeping Gideon'S Promise: Using Equal Protection To Address The Denial Of Counsel In Misdemeanor Cases, Brandon Buskey, Lauren Sudeall Lucas Apr 2017

Keeping Gideon'S Promise: Using Equal Protection To Address The Denial Of Counsel In Misdemeanor Cases, Brandon Buskey, Lauren Sudeall Lucas

Faculty Publications By Year

The Sixth Amendment of the U.S. Constitution guarantees criminal defendants the right to counsel, and the U.S. Supreme Court has made clear that right is applicable to all defendants in felony cases, even those unable to afford a lawyer. Yet, for defendants facing misdemeanor charges, only those defendants whose convictions result in incarceration are entitled to the assistance of counsel.

The number of misdemeanor prosecutions has increased dramatically in recent years, as have the volume and severity of collateral consequences attached to such convictions; yet, the Court’s right to counsel jurisprudence in this area has remained stagnant. Critics of the …


Erie Step Zero, Alexander A. Reinert Apr 2017

Erie Step Zero, Alexander A. Reinert

Articles

Courts and commentators have assumed that the Erie doctrine, while originating in diversity cases, applies in all cases whatever the basis for federal jurisdiction. Thus, when a federal court asserts jurisdiction over pendent state law claims through the exercise of supplemental jurisdiction in a federal question case, courts regularly apply the Erie doctrine to resolve conflict between federal and state law. This Article shows why this common wisdom is wrong.

To understand why, it is necessary to return to Erie’s goals, elaborated over time by the U.S. Supreme Court. Erie and its progeny are steeped in diversity-driven policy concerns: concerns …


Columbia Law School Think Tank Provides Testimony To New York City Council On Gender And Racial Equity Training, Public Rights/Private Conscience Project Apr 2017

Columbia Law School Think Tank Provides Testimony To New York City Council On Gender And Racial Equity Training, Public Rights/Private Conscience Project

Center for Gender & Sexuality Law

April 27, 2017 — On Monday, April 24, Ashe McGovern, Legislative and Policy Director of Columbia Law School’s Public Rights/Private Conscience Project (PRPCP) testified before the New York City Council Committee on Women’s Issues on a bill that would require several city agencies to undergo training on “implicit bias, discrimination, cultural competency and structural inequity, including with respect to gender, race and sexual orientation.”


Columbia Law School Think Tank Submits Amicus Brief In Transgender Rights Case, Public Rights/Private Conscience Project Apr 2017

Columbia Law School Think Tank Submits Amicus Brief In Transgender Rights Case, Public Rights/Private Conscience Project

Center for Gender & Sexuality Law

April 25, 2017 – Columbia Law School’s Public Rights/Private Conscience Project (PRPCP) and Willkie Farr & Gallagher LLP filed an amicus brief yesterday with the Sixth Circuit Court of Appeals in a case that raises the important question of whether employers can use religious liberty arguments to avoid compliance with federal non-discrimination laws. Specifically, it considers whether employers have the right to engage in sex discrimination if motivated by religious principles. The case, Equal Employment Opportunity Commission v. R.G. & G.R. Harris Funeral Homes Inc., was brought on behalf of Aimee Stephens, a funeral home director who was fired …