Civil Rights and Discrimination Commons^™

An Evaluation Of The Prospects For Successful Implementation Of The Convention On The Rights Of Persons With Disabilities In The Islamic World, Brenton Kinker

Michigan Journal of International Law

This note will examine the CRPD’s aspirations in light of Islamic law, comparing whether the two are—or can be—consistent. Part I will provide background on the CRPD, including the intent of the treaty, the negotiations leading to the final wording, and the solid obligations it contains for state parties. Part II examines the background of Shari’a and its provisions regarding disability. Part III compares the treatment of the disabled under Islamic law with that required by the CRPD in order to gage consistency. Where tensions exist, alternative interpretations of both Islamic law and the CPRD are proposed that might facilitate …

The Tort Label, Sandra F. Sperino

Faculty Articles and Other Publications

Courts and commentators often label federal discrimination statutes as torts. Since the late 1980s, the courts increasingly applied tort concepts to these statutes. This Article discusses how courts placed employment discrimination law within the organizational umbrella of tort law without examining whether the two areas share enough theoretical and doctrinal affinities.

While discrimination statutes are torts in some general sense that they do not arise out of criminal law and are not solely contractual, it is far from clear that these statutes are enough like traditional torts to justify the reflexive and automatic use of tort law. Employment discrimination statutes …

Rules Of Disengagement: "Low Skill" Migrant Workers, Law And The Social Dimensions Of Exclusionary Inclusion, Brendan Breckman Jowett

LLM Theses

This thesis interrogates social exclusion among migrant workers under the NOC C & D (“low skill”) occupational stream of Canada’s Temporary Foreign Worker Program, a relatively new, fast-growing, and highly diverse stream which brings migrant workers into industry sectors and social settings where they were never seen before. The author develops a framework for understanding law’s role in producing social exclusion, and applies it to ethnographic data collected through interviews with migrant justice advocates and migrant workers in Brandon, Manitoba. This thesis ultimately establishes that migrant workers need not face spatial separation, discrimination from the community, or a historically gendered …

Transgender Youth In Public Schools: Why Identity Matters In The Restroom, Jennifer Johnson

William Mitchell Law Review

No abstract provided.

Following Fisher: Narrowly Tailoring Affirmative Action, Eang L. Ngov

Faculty Scholarship

No abstract provided.

Cruel And Invisible Punishment: Redeeming The Counter-Majoritarian Eighth Amendment, Aliza Plener Cover

Articles

No abstract provided.

Will The South Rise Again And, If So, In What Form?: Lessons From Latcrit About Resisting The Fear Of Cultural Understanding, 47 J. Marshall L. Rev. 1211 (2014), Angela Mae Kupenda

UIC Law Review

No abstract provided.

Challenging Discrimination Of Lgbt Youth In Juvenile Justice: Encouraging The Legal Strategy Of Selective Prosecution Motions, Alanna Holt

Criminal Law Practitioner

No abstract provided.

A Perfect Storm -- The Negative Effects Of Felony Voting Laws And The Repeal Of Section 4 Of The Voting Rights Act On Minority Americans, Genevive Saul

The Modern American

No abstract provided.

The Usual Suspects: Judicial Review Of State Laws That Target Undocumented Immigrants, 47 J. Marshall L. Rev. 1127 (2014), Jonathan Svitak

UIC Law Review

This Comment will attempt to balance the interests of Arizona and Alabama in combating the growing problem of undocumented immigration against the interest of the documented and undocumented aliens and U.S. citizens protected by the Equal Protection Clause.

The Trayvon Martin Trial - Two Comments And An Observation, 47 J. Marshall L. Rev. 1371 (2014), Richard Delgado

UIC Law Review

No abstract provided.

Ice's New Policy On Segregation And The Continuing Use Of Solitary Confinement Within The Context Of International Human Rights, Sarah Dávila A.

UIC Law Review

The purpose of this essay is to discuss ICE Policy 11065.1 on segregation, its deficiencies and its unlikely full implementation, and emphasize that the current use of solitary confinement in immigration detention is in contravention of international human rights principles.

Balintulo V. Daimler Ag, 727 F.3d 174 (2013). Second Circuit Closes The Door For Victims Of International Rights Violations, Emily M. Nellermoe

South Carolina Journal of International Law and Business

No abstract provided.

The Seventh Circuit Got It Wrong: Supervisors Should Not Face Individual Liability Under Section 1981, Emily Aleisa

Chicago-Kent Law Review

In Smith v. Bray, the Seventh Circuit, on a case of first impression, determined that supervisors with retaliatory motives can and should be individually liable under section 1981 when they cause the employer to retaliate against an employee. This article argues against the Seventh Circuit’s holding for four reasons. First, courts are required to analyze section 1981 the same way they analyze Title VII, and Title VII does not allow for individual supervisor liability. Second, the Seventh Circuit justified its decision based on a flawed comparison between section 1981 and section 1983, a similar but distinct civil rights statute. Third, …

Fisher V. Texas: The Limits Of Exhaustion And The Future Of Race-Conscious University Admissions, John A. Powell, Stephen Menendian

University of Michigan Journal of Law Reform

This Article investigates the potential ramifications of Fisher v. Texas and the future of race-conscious university admissions. Although one cannot predict the ultimate significance of the Fisher decision, its brief and pregnant statements of law portends an increasingly perilous course for traditional affirmative action programs. Part I explores the opinions filed in Fisher, with a particular emphasis on Justice Kennedy’s opinion on behalf of the Court. We focus on the ways in which the Fisher decision departs from precedent, proscribes new limits on the use of race in university admissions, and tightens requirements for narrow tailoring. Part II investigates the …

Enforcing Equality: Statutory Injunctions, Equitable Balancing Under Ebay, And The Civil Rights Act Of 1964, Michael T. Morley

Faculty Scholarship

No abstract provided.

A Primer On Hobby Lobby: For-Profit Corporate Entities' Challenge To The Hhs Mandate, Free Exercise Rights, Rfra's Scope, And The Nondelegation Doctrine, Terri R. Day, Leticia M. Diaz, Danielle Weatherby

Faculty Scholarship

No abstract provided.

Limiting Liberty To Prevent Obesity: Justifiability Of Strong Hard Paternalism In Public Health Regulation, Thaddeus Mason Pope

Faculty Scholarship

Because of the largely self-regarding nature of obesity, many current and proposed public health regulatory measures are paternalistic. That is, these measures interfere with a person’s liberty with the primary goal of improving that person’s own welfare.

Paternalistic public health measures may be effective in reducing obesity. They may even be the only sufficiently effective type of regulation. But many commentators argue that paternalistic public health measures are not politically viable enough to get enacted. After all, paternalism is repugnant in our individualistic culture. It is "wrong" for the government to limit our liberty for our own good.

In this …

The Aba, The Section Of Civil Rights And Social Justice, The Constitution, And The Supreme Court, Stephen Wermiel

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Federally Recognized Rights Of Lgbtq Students To Form Gay-Straight Alliance Organizations (Gsas), Jerry Foxhoven

Cardozo Law Review de•novo

The purpose of this article is to explore the various avenues that have been used in the federal courts to ensure the right to organize Gay Straight Alliances (GSAs), and to detail the use of the federal courts by students who assert the right to express contrary views on sexual orientation issues.

The Limits Of Christian Legal Society, William E. Thro

Cardozo Law Review de•novo

In Christian Legal Society v. Martinez, a sharply divided Supreme Court held that officials at a public institution might require a student religious group to admit all-comers from the student body, including those who disagree with its beliefs, as a condition of being a recognized student organization. Put another way, the Court declared that the government, through university officials, might force religious groups to choose between compromising their values and receiving benefits that other student groups receive as a matter of constitutional right.

While Christian Legal Society remains the controlling constitutional rule until explicitly overruled, there are significant limits …

It's Complicated: Age, Gender, And Lifetime Discrimination Against Working Women - The United States And The U.K. As Examples, Susan Bisom-Rapp, Malcolm Sargeant

Faculty Scholarship

This article considers the effect on women of a lifetime of discrimination using material from both the U.S. and the U.K. Government reports in both countries make clear that women workers suffer from multiple disadvantages during their working lives, which result in significantly poorer outcomes in old age when compared to men. Indeed, the numbers are stark. In the U.S., for example, the poverty rate of women 65 years old and up is nearly double that of their male counterparts. Older women of color are especially disadvantaged. The situation in the U.K. is comparable.

To capture the phenomenon, the article …

Marriage Equality Is Both Feminist And Progressive, Barbara Cox

Faculty Scholarship

Marriage equality has the ability to lessen vulnerability for society’s most needy. This article discusses two aspects of marriage equality in particular. Part II discusses why marriage equality can be feminist in practice and why obtaining marriage equality for same-sex couples will advance feminist values within marriage. Part III discusses how marriage equality can be progressive and help those who are vulnerable in our society by providing numerous rights that are otherwise unavailable or expensive to replicate. While marriage equality cannot bring an end to the many problems caused by marriage’s privileged status in our society, it has the ability …

Introduction By The Editors, Michigan Law Review

Michigan Law Review First Impressions

This Essay opens a Symposium honoring the contribution of Mari Matsuda to American legal scholarship. The first Asian American female to gain tenure at a U.S. law school, she helped establish a scholarly movement-critical race theory-that reshaped several academic disciplines. She also was the first to propose a new perspective-looking to the bottom-in which judges and activists would evaluate legal practices from the perspective of the least advantaged members of society. With pathbreaking articles on hate speech, accent discrimination, legal history, affirmative action, feminist legal theory, and the politics of coalition, Matsuda has left her mark on numerous areas of …

Let's Get Married: An Essay In Honor Of Mari Matsuda, Richard Delgado

Michigan Law Review First Impressions

Most unbiased evaluations of marriage as an institution consider it an unmitigated benefit, at least for those who enter into it willingly and avoid the shoals of divorce. Married people report higher levels of happiness than their unmarried counterparts, live longer, and lead healthier lives. They are less depressed, drink less, and report more satisfaction with their status than those who have never married or are divorced. The benefits of marriage also accrue to the children of married couples. The children of intact couples, whether straight or gay, are happier and more well adjusted, on average, than those of either …

Employment Discrimination Against Ex-Offenders: The Promise And Limits Of Title Vii Disparate Impact Theory, Tammy R. Pettinato

Marquette Law Review

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To Count And Be Counted: A Response To Professor Levinson, Marcia L. Mccormick

All Faculty Scholarship

This Essay deepens the discussion Professor Levinson began in his lecture for the Richard J. Childress Memorial Lecture at SLU Law, Who Counts?. Professor Levinson explored the question of who counts as a member of the US community, and who gets to decide who counts. Inevitably, given our history of exclusion on the basis of race and sex, questions about belonging and race and sex form a central part of the current debate. Labeling a person with a race and sex presupposes the questions of what makes a person a certain race or sex? This essay explores what identity …

Paternalistic Interventions In Civil Rights And Poverty Law: A Case Study Of Environmental Justice, Anthony V. Alfieri

Articles

No abstract provided.

Objecting To Race, Anthony V. Alfieri

Articles

No abstract provided.

Title Vii At 50: Contemporary Challenges For U.S. Employment Discrimination Law, Trina Jones

Faculty Scholarship

No abstract provided.