Civil Rights and Discrimination Commons^™

Court Of Appeals Of New York, Hernandez V. Robles, Gennaro Savastano

Touro Law Review

No abstract provided.

Exploring Connections Between Efforts To Restrict Same-Sex Marriage And Surging Public Opinion Support For Same-Sex Marriage Rights: Could Efforts To Restrict Gay Rights Help To Explain Increases In Public Opinion Support For Same-Sex Marriage?, Samuel Everett Christian Dunlop

Dissertations and Theses

Scholarly research on the subject of the swift pace of change in support for same-sex marriage has evolved significantly over the last ten years. The shift has gone beyond the scholarship's initial description amongst demographic groups on how opinion has changed on gay rights issues, like same-sex marriage, to an examination of why the change has occurred. A great deal of the initial research on the topic seemed to focus on demographic traits that suggested a greater propensity toward support for same-sex marriage as time went on. Is the existent literature sufficient to explain why such a dramatic change in …

Supreme Court, Sullivan County, Holman V. Goord, Eric Pack

Touro Law Review

No abstract provided.

Selma To Saigon, Daniel S. Lucks

Civil Rights

The civil rights and anti–Vietnam War movements were the two greatest protests of twentieth-century America. The dramatic escalation of U.S. involvement in Vietnam in 1965 took precedence over civil rights legislation, which had dominated White House and congressional attention during the first half of the decade. The two issues became intertwined on January 6, 1966, when the Student Nonviolent Coordinating Committee (SNCC) became the first civil rights organization to formally oppose the war, protesting the injustice of drafting African Americans to fight for the freedom of the South Vietnamese people when they were still denied basic freedoms at home.

Selma …

Civil Rights And Related Decisions, Eileen Kaufman

Touro Law Review

No abstract provided.

Abortion Rights, Michael C. Dorf

Touro Law Review

No abstract provided.

An Analysis Of Death Penalty Decisions From The October 2006 Supreme Court Term, Richard Klein

Touro Law Review

No abstract provided.

Criminal Procedure Decisions From The October 2006 Term, Susan N. Herman

Touro Law Review

No abstract provided.

First Amendment Decisions From The October 2006 Term, Erwin Chemerinsky, Marci A. Hamilton

Touro Law Review

No abstract provided.

An Overview Of The October 2006 Supreme Court Term, Erwin Chemerinsky

Touro Law Review

No abstract provided.

Comity Of Errors: Foreign Same-Sex Marriages In New York, Gennaro Savastano

Touro Law Review

No abstract provided.

Physical Ability Testing: A Review Of Court Cases 1992-2014, Joseph Westlin

Masters Theses & Specialist Projects

Selecting employees for hire and promotion is one of the most essential functions of an organization. Many companies that have positions which contain a physical component rely on physical ability testing as part of their selection procedure. The establishment of both the Civil Rights Act and the Americans with Disabilities Act (ADA) had a profound impact on the manner in which selection testing may legally be conducted (Gutman, Koppes, & Vodanovich, 2011). The current study sought to analyze court cases involving physical ability testing. Results revealed that pure ability tests did not significantly differ from work sample tests with regard …

The Paths To Griswold, Ryan C. Williams

Notre Dame Law Review

The goal of this Article is to develop a fuller picture of Griswold by situating the case within a series of doctrinal and jurisprudential debates and developments that were prominent at the time of the Court's decision but that have faded in significance over time. This alternative picture of Griswold shifts the focus away from viewing the case as one about birth control, sexual privacy, and women's autonomy and toward viewing the decision as one about interpretive method, constitutional theory, and the Supreme Court's role within the national political system. This alternative perspective on Griswold has by no means gone …

Unmuting The Volume: Fisher, Affirmative Action Jurisprudence, And The Legacy Of Racial Silence, Mae Kuykendall, Charles Adside Iii

William & Mary Bill of Rights Journal

As typified by its recent decisions in Fisher v. University of Texas at Austin and Shelby County v. Holder, the Supreme Court’s jurisprudence concerning race has long imposed strict judicial oversight over any use of race for the formulation of public policy. This top-down approach has invited various undesirable outcomes, the most pernicious of which are the endorsement of silence on the subject of race and the delegitimizing of most public deliberations about race by non-Court actors. Consequently, speech within universities and other learning environments regarding race has become a psychologically challenging risk for both students and faculty, who justifiably …

Social Framework Studies Such As Women Don’T Ask And It Does Hurt To Ask Show Us The Next Step Toward Achieving Gender Equality—Eliminating The Long-Term Effects Of Implicit Bias—But Are Not Likely To Get Cases Past Summary Judgment, Andrea Doneff

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

Lawyers and judges long have relied on outside evidence—usually studies or empirical research—to help them better understand the impact or meaning of the facts in certain cases. In employment cases, lawyers have used studies that show statistical variance in hiring or promotion between men and women to prove discrimination. They have used studies that talk about implicit bias, the kind of bias that we apply without even knowing we are biased, perhaps the kind of bias we apply even when we are doing our best not to be biased, to understand that comments like “You should go to charm school” …

Presidential Constitutionalism And Civil Rights, Joseph Landau

William & Mary Law Review

As the judicial and legislative branches have taken a more passive approach to civil rights enforcement, the President’s exercise of independent, extrajudicial constitutional judgment has become increasingly important. Modern U.S. presidents have advanced constitutional interpretations on matters of race, gender, HIV-status, self-incrimination, reproductive liberty, and gun rights, and President Obama has been especially active in promoting the rights of lesbian, gay, bisexual, and transgender (LGBT) persons—most famously by refusing to defend the Defense of Marriage Act (DOMA). Commentators have criticized the President’s refusal to defend DOMA from numerous perspectives but have not considered how the President’s DOMA policy fits within …

The Unwelcome Requirement In Sexual Harassment: Choosing A Perspective And Incorporating The Effect Of Supervisor-Subordinate Relations, Larsa K. Ramsini

William & Mary Law Review

No abstract provided.

The Future Resists Control, Richard A. Primus

Reviews

Bruce Ackerman long ago persuaded me that Article V has not been the only route—or even the normal route—to legitimate constitutional change. Volume 3 admirably adds nuance to Ackerman’s account of what happens instead. But nuance can be a vice of a theory as well as a virtue, depending on whether the goal is to understand a phenomenon in its complexity or to provide an actionable program for the future. We The People aims to do both: it is, after all, a grand project, probably the most important in constitutional thought in the last thirty years. But in spite of …

Blinded By The Light: The Third Circuit Curtails The Independent Ricci Defense In Naacp V. North Hudson Regional Fire & Rescue, Douglas A. Behrens

Villanova Law Review (1956 - )

Employment discrimination on the basis of race, gender, and ethnicity has long plagued America’s workforce. Congress passed Title VII to address this concern, which outlawed both intentional and pretextual discrimination—referred to as disparate treatment and disparate impact, respectively. But what happens when two different racial groups bring competing disparate treatment and disparate impact claims seeking to compel an employer to take mutually exclusive actions—one threatening to sue if an employer takes a given action and the other threatening to sue if the employer does not take that same action? Should one claim trump the other? The Supreme Court in Ricci …

The Civil Rights-Civil Liberties Divide, Christopher W. Schmidt

All Faculty Scholarship

Contemporary legal discourse differentiates “civil rights” from “civil liberties.” The former are generally understood as protections against discriminatory treatment, the latter as freedom from oppressive government authority. This Essay explains how this differentiation arose and considers its consequences.

Although there is a certain inherent logic to the civil rights-civil liberties divide, it in fact is the product of the unique circumstances of a particular moment in history. In the early years of the Cold War, liberal anticommunists sought to distinguish their incipient interest in the cause of racial equality from their belief that national security required limitations on the speech …

Tensions And Synergies In Religious Liberty: An Evaluation Of The Interrelation Of Freedom Of Belief With Other Human Rights; Parallel Equality And Anti-Discrimination Provisions; Enforcement In Competing European Courts; And Mediated Dispute Resolution, Mark Hill

BYU Law Review

No abstract provided.

Dismissing Deterrence, Ellen D. Katz

Articles

The proposed Voting Rights Amendment Act of 20144 (VRAA)[...]’s new criteria defining when jurisdictions become subject to preclearance are acutely responsive to the concerns articulated in Shelby County[ v. Holder]. The result is a preclearance regime that, if enacted, would operate in fewer places and demand less from those it regulates. This new regime, however, would not only be more targeted and less powerful, but, curiously, more vulnerable to challenge. In fact, the regime would be more vulnerable precisely because it is so responsive to Shelby County. Some background will help us see why.

The Qualified Immunity Defense: What's “Clearly Established” And What's Not, Karen M. Blum

Touro Law Review

No abstract provided.

Petition For A Writ Of Certiorari, Volume 1 Of 2 (Petition With Appendix Pages 1a-563a). Lynch V. Alabama, 135 S. Ct. 53 (2014) (No. 13-1232), 2014 U.S. Lexis 5672, Larry T. Menefee, Edward Still, Eric Schnapper, James U. Blacksher

Court Briefs

QUESTIONS PRESENTED

(1) The district court found that several provisions of the Alabama Constitution of 1901 were adopted for the purpose of limiting the imposition on whites of property taxes that would pay for the education of black public school students. The first question presented is: Do black public school children and their parents have standing to challenge the validity under the Equal Protection Clause of state constitutional provisions adopted for the purpose of limiting the imposition on whites of property taxes that would be used to educate black public school students?

(2) In 2004 the District Judge in Knight …

Inaccessible Medical Equipment: A Barrier To Routine Medical Care For Persons With Mobility Impairments And A Civil Rights Issue, Thomas J. Keary

City University of New York Law Review

No abstract provided.

Brief Of Fred T. Korematsu Center Et Al. As Amici Curiae In Support Of Appellants, Robert Chang, Lorraine Bannai, Jessica Levin, Ronald A. Peterson Law Clinic, Fred T. Korematsu Center For Law And Equality, Amici Curiae

Fred T. Korematsu Center for Law and Equality

Korematsu Center Civil Rights Amicus Clinic Challenges In-Group Racial Reference in Closing Argument

Freedom Riders Screening, Hannah Brown, Jean Childs, Joseph M. Neal Jr., David S. Tanenhaus

Created Equal: America’s Civil Rights Struggle

A screening of excerpts from the documentary film Freedom Riders, following by discussion.

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

Torch: The Civil Rights Team Project Newsletter

No abstract provided.

Expanding The After-Acquired Evidence Defense To Include Post-Termination Misconduct, Holly G. Eubanks

Chicago-Kent Law Review

In 1995, the United States Supreme Court formulated the after-acquired evidence defense in employment discrimination litigation. The defense, if successfully established, allows the defendant to limit the damages available to the plaintiff. In order to assert the defense, a defendant must establish that it would have terminated the plaintiff based on after-acquired evidence of wrongdoing if the defendant had known of the wrongdoing prior to the termination. The defense, as generally accepted, applies to misconduct that occurs during employment and misconduct that occurs prior to employment in the application process. This note considers the potential expansion of the defense to …

Globally Speaking—Honoring The Victims' Stories: Matsuda's Human Rights Praxis, Berta Esperanza Hernández-Truyol

Michigan Law Review First Impressions

Globally speaking, international law and the vast majority of domestic legal systems strive to protect the right to freedom of expression. The United States' First Amendment provides an early historical protection of speech-a safeguard now embraced around the world. The extent of this protection, however, varies among states. The United States stands alone in excluding countervailing considerations of equality, dignitary, or privacy interests that would favor restrictions on speech. The gravamen of the argument supporting such American exceptionalism is that free expression is necessary in a democracy. Totalitarianism, the libertarian narrative goes, thrives on government control of information to the …