Civil Rights and Discrimination Commons^™

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

Torch: The Civil Rights Team Project Newsletter

No abstract provided.

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

Florida A & M University Law Review

More than a half-century after the civil rights era, people of color in the United States 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 …

Fisher And James Hijack The Mcdonnell Douglas Paradigm, Rewriting Discrimination Law In The Second Circuit: An Explanation For The High Rate Of Summary Judgment In Discrimination Laws, Richard J. Perry Jr.

Buffalo Public Interest Law Journal

No abstract provided.

Judicial Diversity After Shelby County V. Holder, William Roth

Michigan Law Review First Impressions

In 2014, voters in ten of the fifteen states previously covered by the Voting Rights Act ("VRA") preclearance formula-including six of the nine states covered in their entirety-will go to the polls to elect or retain state supreme court justices. Yet despite the endemic underrepresentation of minorities on state benches and the judiciary's traditional role in fighting discrimination, scholars have seemingly paid little attention to how Shelby County v. Holder's suspension of the coverage formula in section 4(b) has left racial minorities vulnerable to retrogressive changes to judicial-election laws. The first election year following Shelby County thus provides a compelling …

Joint Submission To The U.N. Committee Against Torture Concerning The United States’ Mistreatment Of Immigrant Detainees In Violation Of The Convention Against Torture And Other Cruel, Inhuman Or Degrading Treatment Or Punishment In Relation To The United States 5th Periodic Report On The Convention Against Torture, Sarah Dávila-Ruhaak, Steven D. Schwinn, Jennifer Chan, John Marshall Law School International Human Rights Clinic

Faculty White Papers

This report relates to the mistreatment and abuse that adult immigrant detainees suffer in United States detention facilities. It is submitted in response to the United States’ periodic report relating to the Convention Against Torture (CAT) and specifically addresses the deplorable conditions of detention, the use of solitary confinement, the problem of sexual violence in detention and the lack of investigation of such acts, the refoulement of detainees who face risk of torture, the enforcement of the non-derogable prohibition of torture, and the prevention of cruel, inhuman or degrading treatment or punishment. This report discusses current practices of the U.S. …

The Conservative-Libertarian Turn In First Amendment Jurisprudence, Steven J. Heyman

West Virginia Law Review

No abstract provided.

The Fourth Trimester, Saru M. Matambanadzo

University of Michigan Journal of Law Reform

This Article introduces a new conceptual framework to the legal literature on pregnancy and pregnancy discrimination: the fourth trimester. The concept of a fourth trimester, drawn from maternal nursing and midwifery, refers to the crucial three to six month period after birth when many of the physical, psychological, emotional, and social effects of pregnancy continue. Giving this concept legal relevance extends the scope of pregnancy beyond the narrow period defined by conception, gestation, and birth and acknowledges that pregnancy is a relational process, not an individual event. In the United States, however, antidiscrimination law has failed to acknowledge the demands …

Asylum Discord: Disparities In Persecution Assessments, Scott Rempell

Nevada Law Journal

No abstract provided.

Editor's Note

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Masthead And Front Matter

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Table Of Contents

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Introduction, Joan M. Shaughnessy

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

An Essay On Poverty And Child Neglect: New Interventions, Joan M. Shaughnessy

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Beyond Child Welfare - Theories On Child Homelessness, Jessica Dixon Weaver

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

The Sacra Of Lgbt Childhood, Kim Hai Pearson

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Humanitarian Protections And The Need For Appointed Counsel For Unaccompanied Immigrant Children Facing Deportation, Ashley Ham Pong

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Gender And Sexual Orientation In The Family: Implications For The Child Welfare System, Megan Fulcher

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Ftc V. Actavis: Analysis Of The Court’S Decision And How It Affects Drug Prices For Those Who Need Them The Most, Kyle Virtue

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Putting The Brakes On Driver Privacy: Black Boxes, Data Collection, And The Fourth Amendment, Thayer Case

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

“Justice Is What Love Looks Like In Public”: How The Affordable Care Act Falls Short On Transgender Health Care Access, Rachel C. Kurzweil

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

The Need For Comprehensive Federal Outreach And Mechanisms To Support State And Local Implementation Of The Convention, Human Rights Institute, International Association Of Official Human Rights Agencies (Iaohra)

Human Rights Institute

Compliance with the Convention Against Torture (“CAT”) requires effective federal coordination with, and education of, state and local governments. In ratifying the CAT, the United States indicated that state and local governments share authority to implement the treaty. This includes the over 150 state and local civil and human rights agencies that enforce federal, state and local human and civil rights laws and/or conduct research, training and education, and issue policy recommendations within the United States (“Human Rights Agencies”). It also includes the full array of state and local officials with decision-making and enforcement authority, including governors, state attorneys general, …

Section 3: Civil Rights, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Brief For Appellants. Alabama Legislative Black Caucus V. Alabama, 135 S.Ct. 1257 (2015) (No. 13-895), 2014 Wl 4059779, Eric Schnapper, James U. Blacksher, Edward Still, U.W. Clemon

Court Briefs

QUESTION PRESENTED

Whether Alabama’s legislative redistricting plans unconstitutionally classify black voters by race by intentionally packing them in districts designed to maintain supermajority percentages produced when 2010 census data are applied to the 2001 majority-black districts.

Gay Marriage And State Constitutional Provisions, Nicholas Goddard

Undergraduate Research Conference

No abstract provided.

‘Anchor/Terror Babies’ And Latina Bodies: Immigration Rhetoric In The 21st Century And The Feminization Of Terrorism, Carmen R. Lugo-Lugo, Mary K. Bloodsworth-Lugo

Journal of Interdisciplinary Feminist Thought

The post-9/11 era in the United States has revealed a specific fear about immigrants as terrorist threats. Although this fear manifests as a generalized one against any immigrant, when we analyze public discourse, we can find rhetorical patterns involving specific groups, with Latinos/as at center. U.S. public discourse typically conjures images of immigrants as terrorists, which are either genderless or male, and it is activated and cultivated in moments of national crisis (most recently, the 2013 Boston marathon bombing attacks). In this paper, we move beyond notions of immigrants as either genderless or male to discuss post-9/11 perceptions of immigrant …

Raymond, Janice. Not A Choice, Not A Job., Ane Mathieson

Journal of Interdisciplinary Feminist Thought

No abstract provided.

An Examination Of University Speech Codes’ Constitutionality And Their Impact On High-Level Discourse, Benjamin Welch

College of Journalism and Mass Communications: Theses

The First Amendment – which guarantees the right to freedom of religion, of the press, to assemble, and petition to the government for redress of grievances – is under attack at institutions of higher learning in the United States of America. Beginning in the late 1980s, universities have crafted “speech codes” or “codes of conduct” that prohibit on campus certain forms of expression that would otherwise be constitutionally guaranteed. Examples of such polices could include prohibiting “telling a joke that conveys sexism,” or “content that may negatively affect an individual’s self-esteem.” Despite the alarming number of institutions that employ such …

Columbia Law School Human Rights Institute Joins Delegation At United Nations For Review Of U.S. Human Rights Record, Human Rights Institute

Human Rights Institute

New York, August 11, 2014 – This week, Columbia Law School’s Human Rights Institute (HRI) will travel to Geneva, Switzerland this week to participate in a significant review of the United States’ human rights record by the United Nations.

Beyond The Civil Rights Act Of 1964: Confronting Structural Racism In The Workplace, William M. Wiececk, Judy L. Hamilton

Louisiana Law Review

Since 1967, sociologists have produced a compelling body of literature on structural racism that explains why severe racial disparities persist throughout American society in all social domains: employment, education, residential patterns, wealth accumulation, and so on. Structural racism perpetuates the effects of past, overt discrimination because it does its work through organizational procedures and social policies that appear to be race neutral. Dealing with structural racism requires us to focus on social structure instead of the intentions of bigoted individuals. In this Article, we link the disciplines of sociology and constitutional history to demonstrate that the U.S. Supreme Court has …

“A Stone Of Hope”: The Civil Rights Act Of 1964 And Its Impact On The Economic Status Of Black Americans, Jenny Bourne

Louisiana Law Review

The article offers the author's insights regarding the Civil Rights Act of 1964 in the U.S. and its effect on African American's economic status. Topics discussed by the author include the Fair Employment Practices Commission (FEPC), significance of Title VII in the improvement of African American's experience in labor market, and segregation. Also mentioned are the earnings, unemployment, and education African American men.