Civil Rights and Discrimination Commons^™

The Role Of The South African Criminal Code In Implementing Apartheid, Garry Seltzer

Georgia Journal of International & Comparative Law

No abstract provided.

Torch (December 2015), Brandon Baldwin, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

No abstract provided.

Confusing Clarity: The Pregnancy Discrimination Act After Young V. Ups, Inc., Jessica M. Bretl

Notre Dame Law Review Reflection

On March 25, 2015, the Supreme Court issued an opinion in Young v. UPS, Inc.—the most recent case in the Court’s pregnancy discrimination jurisprudence. Young focused on an interpretation of one clause of the Pregnancy Discrimination Act (PDA) and how that interpretation would shape claims of employment discrimination by pregnant employees seeking work accommodations. This Comment argues that the majority opinion in Young did not clarify, but only muddied the waters: the Young framework presents challenges for the lower courts tasked with applying the framework and creates uncertainty for future pregnancy discrimination litigation.

Part I of this Comment provides …

Equal Access In Cyberspace: On Bridging The Digital Divide In Public Accommodations Coverage Through Amendment To The Americans With Disabilities Act, Laura Wolk

Notre Dame Law Review

This Note will proceed in three Parts. Part I will trace the development of the case law on this issue, which has culminated in a circuit split. It will also discuss the influence of the Department of Justice (DOJ), which has not exercised its regulatory authority on the subject but which has initiated enforcement actions consistent with an interpretation that includes freestanding websites. Part II will argue, based on the text, congressional silence, and the statute’s dual principal purposes, that private commercial websites do not fall within the purview of Title III. Part III will propose that disability rights advocates …

Legal Storytelling: The Murder Of Voter Id, Tracy Mccants Lewis

Brigham Young University Journal of Public Law

No abstract provided.

Martin Luther King, Jr. Lecture - "A Love Supreme", Gregory S. Parks

Villanova Law Review (1956 - )

No abstract provided.

After Obergefell V. Hodges: The Continuing Battle Over Equal Rights For Sexual Minorities In The United States, Simone Chriss, Danaya C. Wright

UF Law Faculty Publications

This article examines the pathbreaking U.S. Supreme Court decision in Obergefell v. Hodges that held same-sex marriage was a fundamental right that could not be denied by any state, despite the myriad same-sex marriage bans that had been passed in a majority of states. After explaining the constitutional jurisprudence of due process and equal protection, the article then examines the history of the same-sex marriage movement and the Obergefell decision. We conclude by discussing how the jurisprudential theory of the case, fundamental rights under the due process clause, narrows the scope of the case’s precedential value. Although gay rights activists …

My Coworker, My Enemy: Solidarity, Workplace Control, And The Class Politics Of Title Vii, Ahmed A. White

Buffalo Law Review

No abstract provided.

Praise Defenders, Not Just Prosecutors, Stephen Henderson

Other Faculty Publications

In this letter to the editor, I discuss the problems when a district court judge becomes a graduate and class spokesperson for a Citizens' Police Academy.See article here.See letter here.

Incentives To Incarcerate: Corporation Involvement In Prison Labor And The Privatization Of The Prison System, Alythea S. Morrell

Master's Projects and Capstones

The United States has the highest incarceration rate in the entire world. The United States accounts for approximately 5% of the world’s population, yet it accounts for 25% of the world’s prisoners. Not only does the United States mercilessly incarcerate its own citizens, it disproportionately incarcerates African American and Latino men. This fact on its own is disturbing; however, when it is coupled with the fact that corporations profit from and lobby for an overly aggressive and ineffective criminal justice system, makes these statistics even more horrendous. Private prison companies such as Corrections Corporation of America and GEO Group admit …

Blinding Prosecutors To Defendants’ Race: A Policy Proposal To Reduce Unconscious Bias In The Criminal Justice System, Sunita Sah, Christopher Robertson, Shima Baughman

Faculty Scholarship

Racial minorities are disproportionately imprisoned in the United States. This disparity is unlikely to be due solely to differences in criminal behavior. Behavioral science research has documented that prosecutors harbor unconscious racial biases. These unconscious biases play a role whenever prosecutors exercise their broad discretion, such as in choosing what crimes to charge and when negotiating plea bargains. To reduce this risk of unconscious racial bias, we propose a policy change: Prosecutors should be blinded to the race of criminal defendants wherever feasible. This could be accomplished by removing information identifying or suggesting the defendant’s race from police dossiers shared …

Measuring The Impact Of Plausibility Pleading, Alexander A. Reinert

Articles

Ashcroft v. Iqbal and its predecessor, Bell Atlantic Corp. v. Twombly, introduced a change to federal pleading standards that had remained essentially static for five decades. Both decisions have occupied the attention of academics, jurists, and practitioners since their announcement. Iqbal alone has, as of this writing, been cited by more than 95,000 judicial opinions, more than 1,400 law review articles, and innumerable briefs and motions. Many scholars have criticized Iqbal and Twombly for altering the meaning of the Federal Rules of Civil Procedure outside the traditional procedures contemplated by the Rules Enabling Act. Almost all commentators agree that …

You Have The Right To Be Confused! Understanding Miranda After 50 Years, Bryan Taylor

Pace Law Review

Part I of this article briefly explores the background and historical context that ultimately led to the Miranda decision. As the late Dr. Carl Sagan once said, “you have to know the past to understand the present.” Understanding the circumstances and cases leading up to Miranda helps in the overall application of Miranda to cases of today. Part II addresses whether a statement should be allowed into evidence and provides a practical working approach to conduct a Miranda analysis. This innovative approach provides a step-by-step process in determining the admissibility of statements pursuant to Miranda and its progeny. This process …

Unequal Access To Justice: Solla V. Berlin And The Unprincipled Evisceration Of New York’S Eaja, Armen H. Merjian

Pace Law Review

Solla is noteworthy not merely in light of the baleful effects of its ruling, but because of its reasoning: it is categorically wrong. The decision wholly elides a cornerstone and settled principle of New York welfare law, namely, that in the administration of public assistance, the municipalities act as the agents of the State, while blatantly violating the most fundamental of agency principles, namely, that a principal is vicariously liable for the actions of its agent acting within the scope of its authority. Indeed, this principal/agent relationship is established both by statute and by decades of uniform state and federal …

From Nipples To Powder, Marian Kousaie

Akron Law Review

Working moms are a force to be reckoned with. They often balance demanding jobs with equally demanding familial obligations. They pack lunches, schedule play dates, and head the soccer team carpool while juggling client needs and prepping for board meetings. But sometimes, when a new mother is ready to jump back into the workforce, she is met with a difficult decision—whether or not to continue breastfeeding her baby. Even though she is a force to be reckoned with, does her workplace provide the support that she needs to continue to provide breast milk to her baby? Questions present themselves about …

Sexual Minority Stigma And System Justification Theory: How Changing The Status Quo Impacts Marriage And Housing Equality, Jordan A. Blenner

Department of Psychology: Dissertations, Theses, and Student Research

Sexual minorities (i.e. lesbians and gay men) experience systemic discrimination throughout the United States. Prior to the Supreme Court ruling in Obergefell v. Hodges (2015), in many states, same-sex couples could not marry and sexual minorities were not protected from sexual orientation housing discrimination (Human Rights Campaign, 2015). The current, two-experiment study applied Jost and Banaji’s (1994) System Justification Theory to marriage and housing discrimination. When sexual minorities question dissimilar treatment, thereby threatening the status quo, members of the heterosexual majority rationalize sexual minority discrimination to maintain their dominant status (Alexander, 2001; Brescoll, Uhlmann, & Newman, 2013; Citizens for Equal …

Constitutional Rights In Post-9/11 America, Meredith Aby

Communication and Theater Association of Minnesota Journal

On September 21, 2011, Meredith Aby accepted an invitation to speak on the subject of freedom of speech and association in ten years after 9/11. Her speech, which was sponsored by the Department of Communication Studies at Minnesota State University, the Kessel Peace Institute, and the Mankato Area Activist Collective, is more than a powerful defense of free speech the right to dissent. It is the personal account of an ordinary person of extraordinary conviction—an activist, a mother, a partner, a teacher, and a debate coach—for whom standing up for right to oppose one’s government is more than an abstract …

Trending @ Rwu Law: Mikela Almeida's Post: Esther Clark Competition Held In R. I. Supreme Court, Mikela Almeida

Law School Blogs

No abstract provided.

Brief Of Amici Curiae Labor Law & Labor Relations Professors In Support Of Respondents, Fred T. Korematsu Center For Law And Equality, Charlotte Garden, Counsel For Amici Curiae

Fred T. Korematsu Center for Law and Equality

Friedrichs v. California Teachers Association

Sexual Orientation Discrimination Under Title Vii After Baldwin V. Foxx, Ryan H. Nelson

Washington and Lee Law Review Online

The Equal Employment Opportunity Commission in Baldwin v. Foxx opined—for the first time—that employment discrimination based on sexual orientation violates Title VII of the Civil Rights Act of 1964. This Article tackles the two administrative law questions that Baldwin poses: what level of deference should a court afford Baldwin, and should such deference force that court to overturn precedent holding that sexual orientation discrimination lies beyond the purview of Title VII?

First, after the Supreme Court’s opinion in Barnhart, lower courts have split on whether Chevron Step Zero should be governed by the rule-of-law test announced in Christensen …

Naiming The States Where Loving Will Be Recognized: On Tea Leaves, Horizontal Federalism, And Same-Sex Marriage, Mark Strasser

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

No abstract provided.

Allyship To The Intersex Community On Cosmetic, Non-Consensual Genital "Normalizing" Surgery, Robert Hupf

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

No abstract provided.

Toward A Socially Responsible Application Of The Criminal Law To The Problem Of Street Harassment, Maeve Olney

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

No abstract provided.

Married On Sunday, Fired On Monday: Approaches To Federal Lgbt Civil Rights Protections, Lisa Bornstein, Megan Bench

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

No abstract provided.

April Miller Et Al. Vs. Kim Davis (Date Filled November 13, 2015), United States District Court For The Eastern District Of Kentucky

Media Collection

APRIL MILLER, PH.D., et al. PLAINTIFFS v. KIM DAVIS, INDIVIDUALLY AND IN HER OFFICIAL CAPACITY AS ROWAN COUNTY CLERK, et al. DEFENDANTS and RESPONSE OF THIRD-PARTY DEFENDANTS TO PLAINTIFFS’ MOTION TO ENFORCE SEPTEMBER 3 AND SEPTEMBER 8 ORDERS KIM DAVIS THIRD-PARTY PLAINTIFF v. STEVEN L. BESHEAR, IN HIS OFFICIAL CAPACITY AS GOVERNOR OF KENTUCKY, et al. THIRD-PARTY DEFENDANTS

April Miller Et Al. Vs. Kim Davis (Date Filled November 9, 2015), United States Court Of Appeals For The Sixth Circuit

Media Collection

APRIL MILLER, PH.D; KAREN ANN ROBERTS; SHANTEL BURKE; STEPHEN NAPIER; JODY FERNANDEZ; KEVIN HOLLOWAY; L. AARON SKAGGS; AND BARRY SPARTMAN, Plaintiffs-Appellees, v. KIM DAVIS, INDIVIDUALLY, Defendant-Third-Party Plaintiff-Appellant, and STEVEN L. BESHEAR, IN HIS OFFICIAL CAPACITY AS GOVERNOR OF KENTUCKY, AND WAYNE ONKST, IN HIS OFFICIAL CAPACITY AS STATE LIBRARIAN AND COMMISSIONER, KENTUCKY DEPARTMENT FOR LIBRARIES AND ARCHIVES, Third-Party Defendants-Appellees. ON APPEAL FROM U.S. DISTRICT COURT FOR THE EASTERN DISTRICT OF KENTUCKY, CIVIL ACTION NO. 15-CV-00044, HON. DAVID L. BUNNING BRIEF FOR AMICUS CURIAE EAGLE FORUM EDUCATION & LEGAL DEFENSE FUND IN SUPPORT OF APPELLANT IN SUPPORT OF REVERSAL

Culture Shifting At Warp Speed: How The Law, Public Engagement, And Will & Grace Led To Social Change For Lgbt People, Stacey L. Sobel

St. John's Law Review

(Excerpt)

This Article concludes that in order for culture shifting to occur, there has to be active engagement in advocacy on multiple fronts. The pace of cultural change would have been significantly slower if advocates had not pursued litigation, legislation, and public engagement strategies. Rule shifting and culture shifting would also have occurred more slowly but for the vigorous efforts of LGBT equality opponents. The competing advocacy efforts on both sides of LGBT issues have resulted in lawsuits and laws limiting the rights of the LGBT community in some instances and granting rights in others. These advocacy efforts created a …

Defamation: The Play, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Reply Brief For Petitioner. Paske V. Fitzgerald, 136 S.Ct. 536 (2015) (No. 15-162), 2015 U.S. S. Ct. Briefs Lexis 3941, 2015 Wl 6748880, Eric Schnapper, Margaret A. Harris

Court Briefs

QUESTIONS PRESENTED McDonnell Douglas Corp. v. Green established a common method of analyzing evidence of an unlawful discriminatory motive. If a plaintiff establishes a prima facie case of discrimination, the defendant must articulate a legitimate, non-discriminatory purpose for the disputed action; where the defendant has done so, the plaintiff has the burden of demonstrating that the proffered purpose was a pretext for discrimination. This Court has repeatedly explained that the burden of establishing a prima facie case is “not onerous.” United States Postal Service Board of Governors v. Aikens held, in the context of a case which had gone to …

Evading Miller, Robert S. Chang, David A. Perez, Luke M. Rona, Christopher M. Schafbuch

Seattle University Law Review

Miller v. Alabama appeared to strengthen constitutional protections for juvenile sentencing that the United States Supreme Court recognized in Roper v. Simmons and Graham v. Florida. In Roper, the Court held that executing a person for a crime committed as a juvenile is unconstitutional under the Eighth Amendment. In Graham, the Court held that sentencing a person to life without parole for a nonhomicide offense committed as a juvenile is unconstitutional under the Eighth Amendment. In Miller, the Court held that a mandatory sentence of life without parole for a homicide offense committed by a juvenile is also unconstitutional under …