Civil Rights and Discrimination Commons^™

April Miller Et Al. Vs. Kim Davis (Date Filled September 1, 2015), United States District Court For The Eastern District Of Kentucky

Media Collection

APRIL MILLER, et al., Plaintiffs, v. KIM DAVIS, et al., Defendants.

PLAINTIFFS’ MOTION TO HOLD DEFENDANT KIM DAVIS IN CONTEMPT OF COURT

Negative Identity, Nancy Leong

Sturm College of Law: Faculty Scholarship

This Article examines the social and legal status of “negative identity”—identity marked by indifference or antipathy to something that much of society considers fundamental. As examples of negative identity, the Article considers those who identify as atheist, asexual, single, or childfree.

The Article begins by giving content to negative identity. Atheist, asexual, single, and childfree identity consists of more than merely the respective lack of religion, sexual attraction, partnership, or children. Rather, these negative identities are meaningful to group members, add value to society, and thus deserve legitimacy and respect. Unfortunately, respect is not always forthcoming: negative identity group members …

Trailblazers And Those That Followed : Personal Experiences, Gender, And Judicial Empathy., Laura P. Moyer, Susan B. Haire

Faculty and Staff Scholarship

This paper investigates one causal mechanism that may explain why female judges on the federal appellate courts are more likely than men to side with plaintiffs in sex discrimination cases. To test whether personal experiences with inequality are related to empathetic responses to the claims of female plaintiffs, we focus on the first wave of female judges, who attended law school during a time of severe gender inequality. We find that female judges are more likely than their male colleagues to support plaintiffs in sex discrimination cases, but that this difference is seen only in judges who graduated law school …

Substantive Due Process For Noncitizens: Lessons From Obergefell, Anthony O'Rourke

Michigan Law Review First Impressions

The state of Texas denies birth certificates to children born in the United States—and thus citizens under the Fourteenth Amendment—if their parents are undocumented immigrants with identification provided by their home countries’ consulates. What does this have to do with same-sex marriage? In a previous article, I demonstrated that the Supreme Court’s substantive due process analysis in United States v. Windsor is particularly relevant to the state’s regulation of undocumented immigrants. This Essay builds on my earlier analysis by examining United States v. Obergefell’s applications outside the context of same-sex marriage. Obergefell’s due process holding, I argue, can …

The Strange Persistence Of Affirmative Action Under Title Vii, Deborah C. Malamud

West Virginia Law Review

No abstract provided.

World Cup Dreaming: Sporting Activism And The Incrementalist Advancement Of Sexual Equality Through Association Football, Richard J. Peltz-Steele, Jose A. Benavides

West Virginia Law Review

No abstract provided.

Section 5: Race, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Bringing Human Rights Home: The Birmingham Mayor's Office Human Rights Dialogue, Human Rights Institute, Office Of The Mayor Of The City Birmingham

Human Rights Institute

Human rights begin close to home. Local governments have jurisdiction over a range of human rights issues, including those related to housing, education, employment, and criminal justice. Indeed, local agencies and officials are essential to the promotion and protection of human rights in the United States. They work every day to create conditions under which all communities can flourish. Mayors are particularly well-situated to advance human rights and build a culture of human rights based on dignity, freedom from discrimination, and opportunity.

Testimony On Oklahoma Civil Asset Forfeiture Reform, Stephen Henderson

Other Faculty Publications

I am grateful for the opportunity to speak to you today about Senate Bill 838 and the reform of Oklahoma’s civil asset forfeiture. I am a professor of law at the University of Oklahoma, where my teaching and research focus on criminal law and procedure. I have experience achieving consensus solutions in contested areas of law, most notably in the six years I spent drafting a new set of ABA Criminal Justice Standards, and I know that change is rarely easy. No matter the topic and whatever the status quo, there is sure to be someone who feels it is …

Understanding The History Of Institutionalization: Making Connections To De-Institutionalization And The Olmstead Act For Persons With Intellectual Disabilities In The State Of Illinois, Nancy A. Cheeseman

Dissertations

What is the historical connection between deinstitutionalization and the Olmstead decision? The purpose of this study was to examine and analyze policy within a historical perspective the connections between institutional care, deinstitutionalization, the Olmstead decision, and the effect on persons with intellectual disabilities lived experience, in the state of Illinois.

The data collected include, the transcripts of interviews with four participants, artifacts from policy documents and historical papers accessed from the Disability Museum online journals. The creation of a table for use in coding themes as associated with 5 (out of 18) core concepts for disability policy.

The Olmstead decision …

April Miller Et Al. Vs. Kim Davis (Date Filled August 31, 2015), Supreme Court Of The United States

Media Collection

Kim Davis, Individually and in Her Official Capacity as Rowan County Clerk, Applicant v. April Miller, et al. No. 15A250. SUPREME COURT OF THE UNITED STATES 192 L. Ed. 2d 994; 2015 U.S. LEXIS 4659; 84 U.S.L.W. 3099 August 31, 2015, Decided

Newsroom: Discussing Lawyers During Holocaust, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

April Miller Et Al. Vs. Kim Davis (Date Filled August 28, 2015), Supreme Court Of The United States

Media Collection

Kim Davis, Applicant, v. April Miller, Ph.D, Karen Ann Roberts, Shantel Burke, Stephen Napier, Jody Fernandez, Kevin Holloway, L. Aaron Skaggs, and Barry Spartman, Respondents.

Emergency Application to Stay Preliminary Injunction Pending Appeal DIRECTED TO THE HONORABLE ELENA KAGAN ASSOCIATE JUSTICE OF THE SUPREME COURT OF THE UNITED STATES AND CIRCUIT JUSTICE FOR THE SIXTH CIRCUIT

The Kentucky African American Encyclopedia, Gerald Smith, Cotton Mcdaniel, John A. Hardin

Civil Rights

The story of African Americans in Kentucky is as diverse and vibrant as the state's general history. The work of more than 150 writers, The Kentucky African American Encyclopedia is an essential guide to the black experience in the Commonwealth.

The encyclopedia includes biographical sketches of politicians and community leaders as well as pioneers in art, science, and industry. Kentucky's impact on the national scene is registered in an array of notable figures, such as writers William Wells Brown and bell hooks, reformers Bessie Lucas Allen and Shelby Lanier Jr., sports icons Muhammad Ali and Isaac Murphy, civil rights leaders …

April Miller Et Al. Vs. Kim Davis (Date Filled August 25, 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-Appellant. On Appeal From The United States District Court For The Eastern District of Kentucky In Case No. 15-cv-00044 Before The Honorable David L. Bunning

APPELLANT KIM DAVIS’ REPLY IN SUPPORT OF EMERGENCY MOTION FOR IMMEDIATE CONSIDERATION AND MOTION TO STAY DISTRICT COURT’S AUGUST 12, 2015 ORDER PENDING APPEAL

April Miller Et Al. Vs. Kim Davis (Date Filled August 21, 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-Appellant. ON APPEAL FROM THE U.S. DISTRICT COURT FOR THE EASTERN DISTRICT OF KENTUCKY, NO. 15-CV-0044-DLB (HON. DAVID L. BUNNING) MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF OF EAGLE FORUM EDUCATION & LEGAL DEFENSE FUND IN SUPPORT OF APPELLANT’S MOTION TO STAY DISTRICT COURT’S AUGUST 12, 2015 ORDER PENDING APPEAL

April Miller Et Al. Vs. Kim Davis (Date Filled August 19, 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-Appellant. On Appeal From The United States District Court For The Eastern District of Kentucky In Case No. 15-cv-00044 Before The Honorable David L. Bunning APPELLANT KIM DAVIS’ EMERGENCY MOTION FOR IMMEDIATE CONSIDERATION AND MOTION TO STAY DISTRICT COURT’S AUGUST 12, 2015 ORDER PENDING APPEAL

Employment Equality In A Color-Blind Society, Earl M. Curry Jr.

Akron Law Review

The purposes of this article are first, to look at the rights of Negroes, under law, to bring economic pressure to bear for employment equality, including the demand for a quota, and secondly to see how that law is satisfying today's social needs. To achieve this latter purpose, perhaps we must ask whether our society can afford to be legally color-blind? We shall look first to the private self-help devices that have been used by minorities, and then to one area of governmental intervention that has dealt directly with minority employment and the use of quotas or goals to achieve …

A Half Century Later, We Need The Voting Rights Act More Than Ever, Jill Ogline Titus

Civil War Institute Faculty Publications

Two years ago, the Supreme Court determined that voter discrimination is a thing of the past. The Court's decision to gut the 1965 Voting Rights Act ensures that this summer's 50^thanniversary commemoration is an ironic one.

We needed the legislation in 1965, the Court argued in its 2013 decision in Shelby County v. Holder, which struck down the formula that made the act enforceable, but we don't anymore. [excerpt]

April Miller Et Al. Vs. Kim Davis (Date Filled August 14, 2015), United States District Court For The Eastern District Of Kentucky

Media Collection

APRIL MILLER, ET AL., Plaintiffs, v. KIM DAVIS, ET AL., Defendants. CIVIL ACTION 0:15-CV-00044-DLB DISTRICT JUDGE DAVID L. BUNNING KIM DAVIS, Third-Party Plaintiff, v. 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.

Protecting Ecosystems, Culture, And Human Rights In Chile Through Indigenous And Community-Conserved Territories And Areas, William G. Crowley

Capstone Collection

In environmental conservation circles around the world, the contributions of indigenous peoples and local communities to the sustainable maintenance of ecosystems and natural resources are being given increased attention. Whether for cultural, spiritual, economic, or other purposes, the use of traditional and local knowledge of habitat and resource management is slowly making its way into the modern environmental movement, and is being incorporated into the dominant conservation paradigms. These managed areas, known as Indigenous and Community-Conserved Territories and Areas, or ICCAs, are defined by the International Union for Conservation of Nature as “natural and/or modified ecosystems containing significant biodiversity …

It's Not Just Ferguson: Missouri Supreme Court Should Consolidate The Municipal Court System, Thomas Harvey, John Mcannar, Michael-John Voss, Joshua Feinzig, Chris Mcallister

All Faculty Scholarship

The Missouri Supreme Court's unprecedented decision to take control of Ferguson's Municipal Court was based primarily on issues raised during sustained protest following the killing of Mike Brown and reports published by ArchCity Defenders and the Department of Justice. These reports highlighted racial disparity in traffic stops, excessive revenue generation, and excessive warrants and arrests and confirmed the lived experiences of poor and Black people in St. Louis: there is a racially discriminatory and profit-driven approach to law enforcement made possible only by the collaborative efforts of local government, police, and courts.

These condemned practices are not unique to Ferguson. …

Protecting Ecosystems, Culture, And Human Rights In Chile Through Indigenous And Community-Conserved Territories And Areas, William G. Crowley

Capstone Collection

In environmental conservation circles around the world, the contributions of indigenous peoples and local communities to the sustainable maintenance of ecosystems and natural resources are being given increased attention. Whether for cultural, spiritual, economic, or other purposes, the use of traditional and local knowledge of habitat and resource management is slowly making its way into the modern environmental movement. These managed areas, known as Indigenous and Community-Conserved Territories and Areas, or ICCAs, are defined by the International Union for Conservation of Nature as “natural and/or modified ecosystems containing significant biodiversity values, ecological services and cultural values, voluntarily conserved by …

A Queer Liberation Movement? A Qualitative Content Analysis Of Queer Liberation Organizations, Investigating Whether They Are Building A Separate Social Movement, Joseph Nicholas Defilippis

Dissertations and Theses

In the last forty years, U.S. national and statewide LGBT organizations, in pursuit of "equality" through a limited and focused agenda, have made remarkably swift progress moving that agenda forward. However, their agenda has been frequently criticized as prioritizing the interests of White, middle-class gay men and lesbians and ignoring the needs of other LGBT people. In their shadows have emerged numerous grassroots organizations led by queer people of color, transgender people, and low-income LGBT people. These "queer liberation" groups have often been viewed as the left wing of the GRM, but have not been extensively studied. My research investigated …

April Miller Et Al. Vs. Kim Davis (Date Filed August 12, 2015), United States District Court For The Eastern District Of Kentucky

Media Collection

APRIL MILLER, et al., PLAINTIFFS vs. KIM DAVIS, individually and in her official capacity, et al., DEFENDANTS CIVIL ACTION NO. 15-44-DLB UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF KENTUCKY, NORTHERN DIVISION 2015 U.S. Dist. LEXIS 105822 August 12, 2015, Decided August 12, 2015, Filed.

April Miller Et Al. Vs. Kim Davis (Date Filled August 12, 2015), United States District Court For The Eastern District Of Kentucky

Media Collection

CIVIL ACTION NO. 15-44-DLB APRIL MILLER, et al. PLAINTIFFS vs. MEMORANDUM OPINION AND ORDER KIM DAVIS, individually and in her official capacity, et al. DEFENDANTS

Caring For The Land, Serving People: Creating A Multicultural Forest Service In The Civil Rights Era, Donna Lynn Sinclair

Dissertations and Theses

This qualitative study of representative bureaucracy examines the extension and limitations of liberal democratic rights by connecting environmental and social history with policy, individual decision making, gender, race, and class in American history. It documents major cultural shifts in a homogeneous patriarchal organization, constraints, advancement, and the historical agency of women and minorities. "Creating a Multicultural Forest Service" identifies a relationship between natural and human resources and tells a story of expanding and contracting civil liberties that shifted over time from women and people of color to include the differently-abled and LGBT communities. It includes oral history as a key …

Divorce - Pendente Lite Awards - Counsel Fees - Costs - Alimony - Effect Of Equal Rights Amendment; Wiegand V. Wiegand, Joseph M. Donley

Akron Law Review

THE PENNSYLVANIA SUPERIOR COURT, in Wiegand v. Wiegand,struck out at one of the true bastions of sex discrimination incorporated into the Anglo-American legal system. The legislated discrimination of the Pennsylvania Divorce Law was the object of the court's scrutiny. Appellee Sara Wiegand had filed a complaint in divorce a mensa et thora, a petition for alimony, and an initial petition for alimony pendente lite, counsel fees, and expenses. On August 14, 1967, the Court of Common Pleas, Allegheny County, ordered appellant Myron Wiegand to pay $875 per month alimony pendente lite and $250 preliminary counsel fees. Subsequently, appellee filed additional …

The Vicarious Liability Of Public Officials Under The Civil Rights Act, James R. Schirott, Sherry K. Drew

Akron Law Review

Lawsuit Involving Labor Disputes filed in the United States district courts in 1961 totaled 2,484. In the same year, the number of civil rights cases filed was only 296. Within the next decade, however, the number of civil rights cases filed in the district courts had risen to 6,133 in 1972, a dramatic percentage increase of 1,972. The only area of civil litigation in the federal courts registering a higher tally in 1972 was the closely related area of prisoner petitions. From the briefest perusal of these startling statistics, it becomes readily apparent that civil rights litigation is not only …

Standing; Assertion Of Jus Tertii; Sex Discrimination; Equal Protection; Twenty-First Amendment; Craig V. Boren, Anthony Sadowski

Akron Law Review

"A PPELLANTS brought an action in the United States District Court for the Western District of Oklahoma seeking declaratory and injunctive relief. The complaint charged that the operation of two Oklahoma statutes, which prohibited the sale of 3.2% beer to males under the age of 21 while allowing females over the age of 18 to purchase the commodity, violated the fourteenth amendment to the Federal Constitution. The three-judge court held that the gender-based classification did not violate the equal protection clause. In Craig v. Boren, on direct appeal, the United States Supreme Court reversed, finding that the gender-based classification could …