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Articles 6271 - 6300 of 14884
Full-Text Articles in Civil Rights and Discrimination
Race And Rapport: Homophily And Racial Disadvantage In Large Law Firms, Kevin Woodson
Race And Rapport: Homophily And Racial Disadvantage In Large Law Firms, Kevin Woodson
Fordham Law Review
This Article calls attention to a different, heretofore unacknowledged source of racial disadvantage in these firms, one that is neither dependent upon these inferences of racial bias, nor incompatible with them. Cultural homophily, the tendency of people to develop rapport and relationships with others on the basis of shared interests and experiences, profoundly and often determinatively disadvantages many black attorneys in America’s largest law firms. Although not intrinsically racial, cultural homophily has decidedly racial consequences in this context because of the profound social and cultural distance that separates black and white Americans, evident in pronounced racial patterns in a wide …
Reproduction And The Rule Of Law In Latin America, Michele Goodwin, Allison M. Whelan
Reproduction And The Rule Of Law In Latin America, Michele Goodwin, Allison M. Whelan
Fordham Law Review
When Carmen Guadalupe Vasquez was rushed to [the] hospital after giving birth to a stillborn baby boy, the doctors first treated her life-threatening bleeding and then called the police, who handcuffed her to the bed. In El Salvador, where all abortion is illegal and emergency wards are turned into crime scenes, the confused, weak, and desperately ill 18-yearold maid was placed under investigation for terminating her pregnancy and driven away in a police van.
Identity Property: Protecting The New Ip In A Race-Relevant World, Philip Lee
Identity Property: Protecting The New Ip In A Race-Relevant World, Philip Lee
West Virginia Law Review
No abstract provided.
The Ghosts Of White Supremacy: Trayvon Martin, Michael Brown, And The Spectors Of Black Criminality, Nick J. Sciullo
The Ghosts Of White Supremacy: Trayvon Martin, Michael Brown, And The Spectors Of Black Criminality, Nick J. Sciullo
West Virginia Law Review
No abstract provided.
A Dry Hate: White Supremacy And Anti-Immigrant Rhetoric In The Humanitarian Crisis On The U.S.-Mexico Border, Kristina M. Campbell
A Dry Hate: White Supremacy And Anti-Immigrant Rhetoric In The Humanitarian Crisis On The U.S.-Mexico Border, Kristina M. Campbell
West Virginia Law Review
No abstract provided.
Moving From Carolene To The Commerce Clause: A New Approach To Race For The New American Future, Nareissa L. Smith
Moving From Carolene To The Commerce Clause: A New Approach To Race For The New American Future, Nareissa L. Smith
West Virginia Law Review
No abstract provided.
Coping With A New "Yellow Peril": Japanese Immigration, The Gentleman's Agreement, And The Coming Of World War Ii, Paul Finkelman
Coping With A New "Yellow Peril": Japanese Immigration, The Gentleman's Agreement, And The Coming Of World War Ii, Paul Finkelman
West Virginia Law Review
No abstract provided.
The Constitution, Desegregation, And Public Opinion: Swan V. Charlotte-Mechlenburg Board Of Educationi, James L. Hunt
The Constitution, Desegregation, And Public Opinion: Swan V. Charlotte-Mechlenburg Board Of Educationi, James L. Hunt
North Carolina Central Law Review
No abstract provided.
Functionally Suspect: Reconceptualizing "Race" As A Suspect Classification, Lauren Sudeall Lucas
Functionally Suspect: Reconceptualizing "Race" As A Suspect Classification, Lauren Sudeall Lucas
Faculty Publications By Year
In the context of equal protection doctrine, race has become untethered from the criteria underlying its demarcation as a classification warranting heightened scrutiny. As a result, it is no longer an effective vehicle for challenging the existing social and political order; instead, its primary purpose under current doctrine is to signal the presence of an impermissible basis for differential treatment.
This Symposium Article suggests that, to more effectively serve its underlying normative goals, equal protection should prohibit not discrimination based on race per se, but government actions that implicate the concerns leading to race’s designation as a suspect classification. For …
The Limits Of Federal Disability Law: State Educational Voucher Programs, Wendy Hensel
The Limits Of Federal Disability Law: State Educational Voucher Programs, Wendy Hensel
Faculty Publications By Year
The U.S. Department of Justice is currently investigating the state of Wisconsin with respect to its administration of the Milwaukee Parental Choice Program (MPCP), which provides low-income students with public money to attend private schools. Faced with complaints of disability discrimination by private schools accepting voucher students, DOJ has ordered Wisconsin to oversee and police these schools to ensure compliance with Title II of the Americans with Disabilities Act, which applies to states and their agencies, and § 504 of the Rehabilitation Act, which applies to recipients of federal funding. Although conditioning its directive on the state's coverage under these …
Prisoners' Rights Lawyers' Strategies For Preserving The Role Of The Courts, Margo Schlanger
Prisoners' Rights Lawyers' Strategies For Preserving The Role Of The Courts, Margo Schlanger
Articles
This Article is part of the University of Miami Law Review’s Leading from Below Symposium. It canvasses prisoners’ lawyers’ strategies prompted by the 1996 Prison Litigation Reform Act (“PLRA”). The strategies comply with the statute’s limits yet also allow U.S. district courts to remain a forum for the vindication of the constitutional rights of at least some of the nation’s millions of prisoners. After Part I’s introduction, Part II summarizes in several charts the PLRA’s sharp impact on the prevalence and outcomes of prison litigation, but demonstrates that there are still many cases and situations in which courts continue to …
When I Want Your Opinion, I'Ll Give It To You: How Governments Support The Indigenous Right To Consultation In Theory, But Not In Practice, Laura M. Seelau, Ryan Seelau
When I Want Your Opinion, I'Ll Give It To You: How Governments Support The Indigenous Right To Consultation In Theory, But Not In Practice, Laura M. Seelau, Ryan Seelau
Cardozo Journal of International and Comparative Law
The article examines the gap between the legal framework protecting indigenous rights and its practical implementation, focusing on Chile's failure to uphold the right to consultation under ILO Convention 169. Despite having robust laws, including the Indigenous Law (No. 19.253) and the incorporation of Convention 169 into its Constitution, Chile's judiciary and government often misunderstand the timing and scope of consultation, undermining the effectiveness of indigenous rights. The case of the Atacameño people highlights how the denial of early consultation in geothermal exploration concessions jeopardizes indigenous property, natural resources, and water rights, demonstrating the need for clearer legal standards and …
Legal Professional De(Re)Regulation, Equality, And Inclusion, And The Contested Space Of Professionalism Within The Legal Market In England And Wales, Lisa Webley
Fordham Law Review
This Article aims to examine equality and inclusion in legal services from the perspectives of would-be lawyers and would-be clients. It begins by examining the state and solicitors’ changing relationship regarding access to justice, professional independence, and the rule of law. It then considers the changes that the LSA 2007 wrought, and whether this neoliberal turn can deliver equality and inclusion within the profession and by the profession for those seeking redress with legal help. It also explores whether de(re)regulation may be altering the legal profession(s)’s ability to act as gatekeeper to the profession(s) and whether this too may have …
Difference Blindness Vs. Bias Awareness: Why Law Firms With The Best Of Intentions Have Failed To Create Diverse Partnerships, Russell G. Pearce, Eli Wald, Swethaa S. Ballakrishnen
Difference Blindness Vs. Bias Awareness: Why Law Firms With The Best Of Intentions Have Failed To Create Diverse Partnerships, Russell G. Pearce, Eli Wald, Swethaa S. Ballakrishnen
Fordham Law Review
This Article uses the example of BigLaw firms to explore the challenges that many elite organizations face in providing equal opportunity to their workers. Despite good intentions and the investment of significant resources, large law firms have been consistently unable to deliver diverse partnership structures—especially in more senior positions of power. Building on implicit and institutional bias scholarship and on successful approaches described in the organizational behavior literature, we argue that a significant barrier to systemic diversity at the law firm partnership level has been, paradoxically, the insistence on difference blindness standards that seek to evaluate each person on their …
How Diversity Can Redeem The Mcdonnell Douglas Standard: Mounting An Effective Title Vii Defense Of The Commitment To Diversity In The Legal Profession, Stacy Hawkins
Fordham Law Review
This Article undertakes an analysis, both quantitative and qualitative, of the developing body of Title VII diversity law. The jurisprudence of diversity was first developed by the U.S. Supreme Court in equal protection cases, but it has not been confined to that context. In particular, lower federal courts have been adjudicating cases asserting an interest in diversity as a means of challenging or justifying race/ethnicity- or gender-conscious policies and/or practices under Title VII. These cases have given rise to a body of Title VII diversity law that has remained largely unexplored in the scholarly literature. Because these cases have gone …
Biglaw Identity Capital: Pink And Blue, Black And White, Eli Wald
Biglaw Identity Capital: Pink And Blue, Black And White, Eli Wald
Fordham Law Review
This Article advances a new capital analysis, depicting BigLaw relationships not as basic labor-salary exchanges but rather as complex transactions in which BigLaw and its lawyers exchange labor and various forms of capital—social, cultural, and identity. Unlike the traditional Tournament Theory model, in which BigLaw and its lawyers come across as near hopeless pawns powerless to combat vicious exogenous societal forces outside of their control, the proposed capital model conceives of BigLaw and its lawyers as active players who are very much responsible for the outcomes of their exchanges. Moreover, exactly because the capital model describes the underrepresentation of diverse …
Democracy And The Other: The Inverse Relationship Between Majority Rule And A Heterogeneous Citizenry, Franciska A. Coleman
Democracy And The Other: The Inverse Relationship Between Majority Rule And A Heterogeneous Citizenry, Franciska A. Coleman
West Virginia Law Review
No abstract provided.
The Civil Rights Of Sexually Exploited Youth In Foster Care, Dale Margolin Cecka
The Civil Rights Of Sexually Exploited Youth In Foster Care, Dale Margolin Cecka
West Virginia Law Review
No abstract provided.
An Analysis Of The Legal And Practical Implications Of The Potential Increased Participation In Jury Service By Racial Minorities In The U.S. Criminal Justice System, Brian Keith Leonard
An Analysis Of The Legal And Practical Implications Of The Potential Increased Participation In Jury Service By Racial Minorities In The U.S. Criminal Justice System, Brian Keith Leonard
West Virginia Law Review
No abstract provided.
Functionally Suspect: Reconceptualizing 'Race' As A Suspect Classification, Lauren Sudeall
Functionally Suspect: Reconceptualizing 'Race' As A Suspect Classification, Lauren Sudeall
Vanderbilt Law School Faculty Publications
In the context of equal protection doctrine, race has become untethered from the criteria underlying its demarcation as a classification warranting heightened scrutiny. As a result, it is no longer an effective vehicle for challenging the existing social and political order; instead, its primary purpose under current doctrine is to signal the presence of an impermissible basis for differential treatment. This Symposium Article suggests that, to more effectively serve its underlying normative goals, equal protection should prohibit not discrimination based on race per se, but government actions that implicate the concerns leading to race’s designation as a suspect classification. For …
The Need For A Law Of Church And Market, Nathan B. Oman
The Need For A Law Of Church And Market, Nathan B. Oman
Faculty Publications
This Essay uses Helfand and Richman’s fine article to raise the question of the law of church and market. In Part I, I argue that the question of religion’s proper relationship to the market is more than simply another aspect of the church-state debates. Rather, it is a topic deserving explicit reflection in its own right. In Part II, I argue that Helfand and Richman demonstrate the danger of creating the law of church and market by accident. Courts and legislators do this when they resolve questions religious commerce poses by applying legal theories developed without any thought for the …
The Disability-Employability Divide: Bottlenecks To Equal Opprotunity, Bradley A. Areheart, Michael Ashley Stein
The Disability-Employability Divide: Bottlenecks To Equal Opprotunity, Bradley A. Areheart, Michael Ashley Stein
Michigan Law Review
Equal opportunity might appear to comprise a relatively simple question: Do similarly situated persons have an equal chance to attain a particular goal, or do obstacles irrelevant to their qualifications or to the desired goal preclude achievement? But equal opportunity is complicated.1 There are descriptive and prescriptive dimensions to this question. Nuances exist when determining who is similarly situated, whether those individuals have the same opportunity, what goals we care about equalizing, and whether the ultimate aspiration is equality of opportunity or equality of outcome. Moreover, what means should we employ to remove obstacles, are these means likely to be …
Stealth Advocacy Can (Sometimes) Change The World, Margo Schlanger
Stealth Advocacy Can (Sometimes) Change The World, Margo Schlanger
Michigan Law Review
Scholarship and popular writing about lawsuits seeking broad social change have been nearly as contentious as the litigation itself. In a normative mode, commentators on the right have long attacked change litigation as imperialist and ill informed, besides producing bad outcomes. Attacks from the left have likewise had both prescriptive and positive strands, arguing that civil rights litigation is “subordinating, legitimating, and alienating.” As one author recently summarized in this Law Review, these observers claim “that rights litigation is a waste of time, both because it is not actually successful in achieving social change and because it detracts attention and …
Griggs At Midlife, Deborah A. Widiss
Griggs At Midlife, Deborah A. Widiss
Michigan Law Review
Not all Supreme Court cases have a midlife crisis. But it is fair to say that Griggs v. Duke Power Co., which recently turned forty, has some serious symptoms. Griggs established a foundational proposition of employment discrimination law known as disparate impact liability: policies that significantly disadvantage racial minority or female employees can violate federal employment discrimination law, even if there is no evidence that the employer “intended” to discriminate. Griggs is frequently described as one of the most important decisions of the civil rights era, compared to Brown v. Board of Education for its “momentous social consequences.” In 1989, …
Trends In Prisoner Litigation, As The Plra Enters Adulthood, Margo Schlanger
Trends In Prisoner Litigation, As The Plra Enters Adulthood, Margo Schlanger
Articles
The Prison Litigation Reform Act (PLRA), enacted in 1996 as part of the Newt Gingrich "Contract with America," is now as old as some prisoners. In the year after the statute's passage, some commenters labeled it merely "symbolic." In fact, as was evident nearly immediately, the PLRA undermined prisoners' ability to bring, settle, and win lawsuits. The PLRA conditioned court access on prisoners' meticulously correct prior use of onerous and error-inviting prison grievance procedures. It increased filing fees, decreased attorneys' fees, and limited damages. It subjected injunctive settlements to the scope limitations usually applicable only to litigated injunctions. It made …
“Seguimos Siendo Indígenas” Una Investigación Sobre El Discurso De Los Derechos Y Necesidades De La Comunidad Shipiba De Cantagallo Como Pueblo Indígena En El Contexto Urbano De Lima., Janet Sanchez
Independent Study Project (ISP) Collection
A través de un método etnográfico basado en entrevistas formales e informales y observaciones tomados durante dos semanas en la Comunidad ShipiboKonibo de Cantagallo, este informe examina cómo esta comunidad expresa sus derechos y necesidades como pueblo indígena en el contexto urbano de Lima. Este estudio fue ejecutado durante un tiempo de conflicto entre la comunidad y la Municipalidad de Lima, que bajo el cargo de Luis Castañeda, canceló la reubicación de la Comunidad ShipoKonibo que está siendo desplazado por la construcción del Vía Parque Rímac. Los resultados demuestran que los Shipibos de Cantagallo luchan por ser tratados como iguales …
The Obese And The Elite: Using Law To Reclaim School Sports, Dionne L. Koller
The Obese And The Elite: Using Law To Reclaim School Sports, Dionne L. Koller
All Faculty Scholarship
Sports in schools are a uniquely American phenomenon. Athletic programs flourish in high schools, colleges, and universities with traditionally very little interference by legislatures or courts. The most notable, if not limited, exception to this deference is Title IX of the Civil Rights Act of 1964 (Title IX), which prohibits educational institutions receiving federal financial assistance from discriminating on the basis of gender. As applied to athletic programs, Title IX is often cited as a public policy success. The law has led to the creation of meaningful sports participation opportunities for women and girls and shaped new norms for sports …
22nd Annual Joseph L. Rauh, Jr. Lecture. University Of The District Of Columbia David A. Clarke School Of Law, Thomas E. Perez
22nd Annual Joseph L. Rauh, Jr. Lecture. University Of The District Of Columbia David A. Clarke School Of Law, Thomas E. Perez
University of the District of Columbia Law Review
No abstract provided.
Doj Clears Wilson But Excoriates Ferguson Police, Lauren Carasik
Doj Clears Wilson But Excoriates Ferguson Police, Lauren Carasik
Media Presence
No abstract provided.
Torch (March 2015), Brandon Baldwin, Civil Rights Team Project
Torch (March 2015), Brandon Baldwin, Civil Rights Team Project
Torch: The Civil Rights Team Project Newsletter
No abstract provided.