Civil Rights and Discrimination Commons^™

Torch (November 2014), Brandon Baldwin, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

No abstract provided.

Is It Really All About Race?: Section 1985(3) Political Conspiracies In The Second Circuit And Beyond, Lee Pinzow

Fordham Law Review

    The recent scandal involving the Internal Revenue Service’s targeting of conservative Tea Party groups highlights the need for a judicial remedy to politically motivated deprivations of legally recognized rights. Section 2 of the Ku Klux Klan Act, codified as 42 U.S.C. § 1985(3), presents such a remedy.

    However, it is unclear whether the statute applies to conspiracies motivated solely by political animus. The U.S. Supreme Court in Griffin v. Breckenridge and United Brotherhood of Carpenters Local 610 v. Scott delved into the question but chose not to resolve the issue. Based on the Court’s discussion of the statute’s legislative history …

Coercing Justice? Exploring The "Aspirations And Practice" Of Law As A Tool In Struggles Against Social Inequalities, Karen Schucher

PhD Dissertations

This dissertation examines the role of law as a tool in struggles against social inequalities, by tracing the history of Ontario’s human rights legislation and enforcement from the enactment of fair practices statutes in the 1950s through the restructuring of the enforcement regime in 2006. Ontario was the first Canadian province to pass anti-discrimination legislation and to establish a human rights commission enforcement process. This legislation and the commission enforcement process were the models for all other Canadian jurisdictions.

The dissertation approaches the role of law through the framework of tensions between the “aspirations” and the “practices” of law. On …

To Enforce A Privacy Right: The Sovereign Immunity Canon And The Privacy Act’S Civil Remedies Provision After Cooper, Daniel J. Dimatteo

Florida Law Review

In 2005, a joint investigation between separate government agencies revealed that Stanmore Cooper, a pilot, failed to disclose to the Federal Aviation Administration that he was HIV positive. Cooper sued the agencies in the United States District Court for the Northern District of California, claiming that they violated the Privacy Act by disclosing his medical records to one another without his consent. Alleging that the unlawful disclosure of his condition caused him severe emotional distress, Cooper sought monetary relief under the Privacy Act’s civil remedies provision, which establishes a cause of action against the government for “actual damages.” The dispositive …

Goodyear Dunlop’S Failed Attempt To Refine The Scope Of General Personal Jurisdiction, Camilla Cohen

Florida Law Review

In first-year civil procedure, students spend a great deal of time parsing an “answer” to a deceptively simple question: When may a state exercise its adjudicatory authority over an out-of-state defendant? Since Pennoyer v. Neff, the United States Supreme Court has addressed the issue of personal jurisdiction in at least thirty-five cases spanning three centuries. Following the Court’s decision in International Shoe Co. v. Washington, a state’s exercise of personal jurisdiction over a foreign defendant must satisfy two requirements. First, the state must have a statutory basis for asserting adjudicatory authority over a foreign defendant. Second, if the …

Religion And The Equal Protection Clause: Why The Constitution Requires School Vouchers, Steven G. Calabresi, Abe Salander

Florida Law Review

In this Article, we argue that, as a matter of original meaning, the Fourteenth Amendment, standing alone, forbids all discrimination on the basis of religion just as it forbids all discrimination on the basis of race and gender. Our understanding of the Fourteenth Amendment is based on the research of Professor Melissa Saunders and Professor John Harrison, who have both argued that the Amendment outlawed class legislation, and on the research of Professor Steven Calabresi and Julia Rickert, who have argued that the Amendment also banned systems of caste. The historical evidence is overwhelming and persuasive. We argue that a …

Reply Brief For Appellants. Alabama Legislative Black Caucus V. Alabama, 135 S.Ct. 1257 (2015) (No. 13-895), 2014 Wl 5475026, Eric Schnapper, James U. Blacksher, Edward Still, U.W. Clemon

Court Briefs

No abstract provided.

Seventh Circuit Allows American Subsidiary To Avoid Title Vii Liability By Asserting Fcn Treaty Rights Of Japanese Parent - American Employees Treated As Second Class Citizens - Court Cites Reciprocal Benefits For American Firms Operating Abroad - Fortino V. Quasar Co., 950 F.2d 389 (7th Cir. 1991)., Steven J. Lewengrub

Georgia Journal of International & Comparative Law

No abstract provided.

Brief Of Scholars Of The Constitutional Rights Of Children Susannah W. Pollvogt, Catherine E. Smith, And Tanya Washington As Amici Curiae In Support Of Plaintiffs-Appellants And Reversal: Robicheaux V. Caldwell, Catherine E. Smith, Tanya Washington, Susannah W. Pollvogt

Scholarly Articles

Amici are scholars and professors of family law and the law of equal protection. Amici submit this brief to respond directly to arguments advanced by the State of Louisiana that its laws prohibiting same-sex marriage2 are justified because they advance child welfare. Specifically, the State asserts that its laws advance child welfare by promoting Louisiana’s interest in: (1) linking children with their biological parents to prevent the social stigma associated with being “illegitimate” and (2) establishing the child as a member of an intact family resulting from the marriage of the mother and alleged father. These purported justifications express and …

And Stay Out! The Dangers Of Using Anti-Immigrant Sentiment As A Basis For Social Policy: America Should Take Heed Of Disturbing Lessons From Great Britain's Past, Kevin C. Wilson

Georgia Journal of International & Comparative Law

No abstract provided.

Saving Face: Acid Attack Laws After The U.N. Convention On The Elimination Of All Forms Of Discrimination Against Women, Lisa M. Taylor

Georgia Journal of International & Comparative Law

No abstract provided.

The U'Wa Struggle To Protect Their Cultural Lands: A Framework For Reviewing Questions Of Sovereignty And The Right To Environmental Integrity For Indigenous Peoples, Jenny R. Culler

Georgia Journal of International & Comparative Law

No abstract provided.

Mexico's Legal Revolution: An Appraisal Of Its Recent Constitutional Changes, 1988-1995, Jorge A. Vargas

Georgia Journal of International & Comparative Law

No abstract provided.

The Meme Of Voter Fraud, Atiba R. Ellis

Catholic University Law Review

The meme of voter fraud is the idea that unworthy voters are attacking the electoral system by voting fraudulently through impersonation or other bad acts. Although scholars of election law aptly demonstrate that the meme is a myth, the meme nonetheless endures as a rationale for the continued passage of heightened voter regulations like voter identification laws. Scholarship critiquing the voter fraud meme relies on partisanship as the prime explanation for voter fraud arguments. This explanation is incomplete in light of the fact that proponents of the myth continue to believe it on an ideological level even when the lack …

So Help Me God: A Comparative Study Of Religious Interest Group Litigation, Jayanth K. Krishnan, Kevin R. Den Dulk

Georgia Journal of International & Comparative Law

No abstract provided.

License To Discriminate: How A Washington Florist Is Making The Case For Applying Intermediary Scrutiny To Sexual Orientation, Kendra Lacour

Seattle University Law Review

Over the past few decades, the debate over sexual orientation has risen to the forefront of civil rights issues. Though the focus has generally been on the right to marriage, peripheral issues associated with the right to marriage—and with sexual orientation generally—have become more common in recent years. As the number of states permitting same-sex marriage—along with states prohibiting discrimination on the basis of sexual orientation—increases, so too does the conflict between providers of public accommodations and those seeking their services. Never is this situation more problematic than when religious beliefs are cited as the basis for denying services to …

Ironic Simplicity: Why Shaken Baby Syndrome Misdiagnoses Should Result In Automatic Reimbursement For The Wrongly Accused, Jay Simmons

Seattle University Law Review

Shaken baby syndrome (SBS)’s shortcomings include the debatable science behind SBS theory and diagnosis—the questioning of which has grown more vociferous—and the arguably biased, discriminatory treatment of the accused. Professor Deborah Tuerkheimer notes that the evolving SBS skepticism and contentious debate has resulted in "chaos" in many SBS adjudications and within the medical and biomechanical fields, with the same SBS proponents and opponents continually crusading for and clashing over their beliefs. The issues surrounding the medical and biomechanical components of SBS diagnoses have been repeatedly examined and discussed, and are not the focus of this Note. This Note recounts those …

Hitler's Ghosts: The Interplay Between International Organizations And Their Member States In Response To The Rise Of Neo-Nazism In Society And Government, Marjorie L. Morton

Georgia Journal of International & Comparative Law

No abstract provided.

Grandparents Act As The National Guard Of Their Facilities - All Eager And Ready To Respond When In Need: A Call For Expansion Of Grandparent Visitation Rights In North Carolina, Tricia V. Argentine

North Carolina Central Law Review

No abstract provided.

Femicide In Bolivia After Law 348, Adán Martínez

Independent Study Project (ISP) Collection

This project explores the concept of femicide from a unique perspective, by analyzing the effect that Law #348: The Internal Law to Guarantee Women a Life Without Violence after a year that it passed during the Morales' administration. I examine two crucial questions to this study: 1) How do we explain the paradox that although this law has passed, today we see an increase in the number of femicides in Bolivia? 2) What are the obstacles that prevent that application of law 348 3) What can we do to put a stop to femicides? I demonstrate that several factors like …

Title Ix And Social Media: Going Beyond The Law, Emily Suran

Michigan Journal of Gender & Law

The U.S. Department of Education is currently investigating over eighty colleges and universities for civil rights violations under Title IX. From a punitive standpoint, these investigations likely will have minimal impact. Indeed, since the Alexander v. Yale plaintiffs first conceived of Title IX in a sexual harassment context, the nondiscriminatory principles of Title IX have proven disappointingly difficult to enforce. However, in today’s world of grassroots social activism, Title IX has taken on a new, extralegal import. Title IX has become a rallying cry for college activists and survivors. Despite (or perhaps because of) its limitations as a law, it …

A Joyful Heart Is Good Medicine: Sexuality Conversion Bans In The Courts, Wyatt Fore

Michigan Journal of Gender & Law

Led by California and New Jersey, states have begun to ban Sexual Orientation Change Efforts (SOCE) for minors. States have targeted SOCE, also called ‘gay conversion therapy,’ by regulating state licensure requirements for mental health professionals. Conservative legal groups have challenged these bans in federal court, alleging a variety of constitutional violations sounding in the First and Fourteenth Amendments. More specifically, these legal groups propose theories claiming that the bans infringe upon individuals’ freedom of speech, free exercise, and parental rights. In this Note, I survey the history of these bans, as well as court decisions that have rejected constitutional …

Hallows Lecture: Screws V. United States And The Birth Of Federal Civil Rights Enforcement, Paul J. Watford

Marquette Law Review

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Not So Black And White: The Third Circuit Upholds Race-Conscious Redistricting In Doe Ex Rel Doe V. Lower Merion School District, Alexandra Muolo

Villanova Law Review (1956 - )

No abstract provided.

Coercive Assimilationism: The Perils Of Muslim Women's Identity Performance In The Workplace, Sahar F. Aziz

Michigan Journal of Race and Law

Should employees have the legal right to “be themselves” at work? Most Americans would answer in the negative because work is a privilege, not an entitlement. But what if being oneself entails behaviors, mannerisms, and values integrally linked to the employee’s gender, race, or religion? And what if the basis for the employer’s workplace rules and professionalism standards rely on negative racial, ethnic or gender stereotypes that disparately impact some employees over others? Currently, Title VII fails to take into account such forms of second-generation discrimination, thereby limiting statutory protections to phenotypical or morphological bases. Drawing on social psychology and …

Rights In Recession: Toward Administrative Antidiscrimination Law, Stephanie Bornstein

UF Law Faculty Publications

This Article documents how, over the past six years and coinciding with the “Great Recession of 2008,” both public and private antidiscrimination enforcement mechanisms have become increasingly constrained, such that the ability to enforce the mandate of Title VII of the Civil Rights Act of 1964 - the main federal law prohibiting employment discrimination - may be facing a crisis point. While enforcement mechanisms for federal antidiscrimination law have long left room for improvement, recent developments in the economy, due to the 2008 recession, and in federal case law, due to a series of procedural decisions by the Roberts Court, …

The Demographic Dilemma In Death Qualification Of Capital Jurors, J. Thomas Sullivan

Law Faculty Scholarship

No abstract provided.

Tales Of Color And Colonialism: Racial Realism And Settler Colonial Theory, Natsu T. Saito

Faculty Publications By Year

More than a half-century after the Civil Rights Era, people of color remain disproportionately impoverished and incarcerated, excluded and vulnerable. Legal remedies rooted in the Constitution’s guarantee of equal protection remain elusive. This article argues that the “racial realism” advocated by the late Professor Derrick Bell compels us to look critically at the purposes served by racial hierarchy. By stepping outside the master narrative’s depiction of the United States as a “nation of immigrants” with opportunity for all, we can recognize it as a settler state, much like Canada, Australia, and New Zealand. It could not exist without the occupation …

Free Exercise After The Arab Spring: Protecting Egypt’S Religious Minorities Under The Country’S New Constitution, James Michael Nossett

Indiana Law Journal

No abstract provided.

Satellite Remote Sensing And Database Management: Who Owns The Digitized Information Relating To Indigenous People And Their Artifacts, Brenda Reddix-Smalls

North Carolina Central Law Review

No abstract provided.