Civil Rights and Discrimination Commons^™

Violating Due Process: The Case For Changing Texas State Trafficking Laws For Minors, Cristina M. Becker

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

The Young Sex Offender Debacle: The Continued Need For Changes To Juvenile Sex Offender Registry Requirements, Samantha Brewster-Owens

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

A Justified Obligation: Counsel’S Duty To File A Requested Appeal In A Post-Waiver Situation, Lauren Gregorcyk

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Why Turner V. Rogers Was And Wasn’T Correctly Decided: How The Fourteenth Amendment Should Be Read For Child Support Contemnors, Gina Rose Lauterio

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Categorically Black, White, Or Wrong: 'Misperception Discrimination' And The State Of Title Vii Protection, D. Wendy Greene

University of Michigan Journal of Law Reform

This Article exposes an inconspicuous, categorically wrong movement within antidiscrimination law. A band of federal courts have denied Title VII protection to individuals who allege “categorical discrimination”: invidious, differential treatment on the basis of race, religion, color, national origin, or sex. Per these courts, a plaintiff who self-identifies as Christian but is misperceived as Muslim cannot assert an actionable claim under Title VII if she suffers an adverse employment action as a result of this misperception and related animus. Though Title VII expressly prohibits discrimination on the basis of religion, courts have held that such a plaintiff’s claim of “misperception …

The "Nixon Sabotage": The Political Origins Of The Equal Protection Challenge To The Voting Rights Act, Danieli Evans

Articles

Critics of the Voting Rights Act argue that the anti-discrimination law requires states to engage in unconstitutional discrimination, as state decisionmakers must be conscious of race in order to ensure that voting policies do not weaken minority representation. This argument relies on the idea that subjective racial motivation is the essence of unconstitutional discrimination (even if benevolent, or to promote racial inclusion). The conventional understanding among constitutional scholars is that this “search for the bigoted decisionmaker” developed in employment and housing discrimination decisions between 1976 and 1979. Previous accounts have not recognized the role that the 1971 school desegregation decision …

Lining Up: Ensuring Equal Access To Vote, Gilda R. Daniels

All Faculty Scholarship

This booklet ( a joint project of the Advancement Project and the Lawyer's Committee for Civil Rights Under Law) provides an extensive overview of restrictive voting laws, especially concerning minority voters. Daniels begins with a summary of voter obstructions and intimidation in the 2012 election, and then places that within the context of the history of voting and race in America.

Most recently, the Section 5 protections of the Voting Rights Act of 1965 were effectively removed by the Shelby County v. Holder Supreme Court decision. Daniels then explains what this means practically and legally for minority voters and how …

Oliver Lawal, Daosamid Bounthisane, And Gazali Shittu, Appellants, V. Marc Mcdonald, William Riley, And Frederick Chose, Appellees: Reply Brief Of Appellants, Patricia E. Roberts, Tillman J. Breckenridge, Tara A. Brennan, Thomas W. Ports Jr.

Appellate and Supreme Court Clinic

No abstract provided.

Brief For Respondent. Madigan V. Levin, 571 U.S. 1 (2013) (No. 12-872), 2013 U.S. S. Ct. Briefs Lexis 3187, Eric Schnapper, Harvey Levin, Edward Theobald

Court Briefs

No abstract provided.

Torch (August 2013), Brandon Baldwin, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

No abstract provided.

Saving Disparate Impact, Lawrence Rosenthal

Cardozo Law Review

No abstract provided.

Access To Justice: Ensuring Meaningful Access To Counsel In Civil Cases, Human Rights Clinic

Human Rights Institute

Legal representation is fundamental to safeguarding fair, equal, and meaningful ac- cess to the legal system. Yet, in the United States, millions of people who are poor or low-income are unable to obtain legal representation when facing a crisis such as eviction, foreclosure, domestic violence, workplace discrimination, termination of subsistence income or medical assistance, and loss of child custody. Indeed, only a small fraction of the legal problems experienced by low-income and poor people living in the United States – less than one in five – are addressed with the assistance of legal representation. A categorical right to counsel in …

Closing The Gap: The Federal Role In Respecting & Ensuring Human Rights At The State And Local Level, Human Rights Institute, International Association Of Official Human Rights Agencies (Iaohra)

Human Rights Institute

This report offers an overview of the domestic landscape for human rights implementation and recommends action the United States must take to respect and ensure Covenant rights at the state and local level. This information responds directly to questions posed by the Human Rights Committee as part of the fourth periodic review of the United States, and offers a more complete picture of how the lack of institutionalized support impacts state and local governments. The report further describes a number of promising state and local human rights initiatives and details the myriad barriers that impede more comprehensive and effective state …

Legal Services Assessment For Trafficked Children- Cook County, Illinois Case Study, Katherine Kaufka Walts Jd, Linda Rio Reichmann Jd, Catherine Lee Ma

Center for the Human Rights of Children

Child trafficking is one of the most disturbing human rights abuses of our time, involving cases of boys and girls exploited for labor and/or commercial sexual services. These children may suffer physical, sexual, and emotional violence at the hands of traffickers, who can be pimps, employers, and even family members. Trafficking schemes may involve various forms of force, fraud, and coercion, which can be physical and/or psychological in nature. Current research indicates that legal services are a critical component of a comprehensive service delivery model for victims of human trafficking and a realization of human rights. However, little to no …

Brief For Petitioners. Lawson V. Fmr Llc, 134 S. Ct. 1158 (2014) (No. 12-3), 2013 U.S. S. Ct. Briefs Lexis 3164, Eric Schnapper, Indira Talwani, Kevin G. Powers

Court Briefs

No abstract provided.

A Response To Steve Vladeck And Kevin Jon Heller, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Studies On Religion And Recidivism: Focus On Roxbury, Dorchester, And Mattapan, George Walters-Sleyon

Trotter Review

This research article raises the question of whether religion can be considered a viable partner in the reduction of the high rate of recidivism associated with the increasing mass incarceration in the United States. Can sustainable transformation in the life of a prisoner or former prisoner as a result of religious conversion be subjected to evidenced-based practices to derive impartial conclusions about the value of religion in their lives? With a particular focus on three neighborhoods of Boston—Roxbury, Dorchester, and Mattapan—this study examines the relevance of religion and faith-based organizations in lowering the high rate of recidivism associated with incarceration …

The Personal And Family Challenges Of Reentry: Interview With Helen Credle, Kenneth J. Cooper

Trotter Review

For 40 years, Helen Credle has worked with prison inmates and exoffenders in Massachusetts, from inside or outside the state corrections system. The Boston native, who grew up in Roxbury, did not set out to become an advocate for prisoners and their families. Oddly, it was music that first took her inside prison walls and into that role. As director of community services for the New England Conservatory of Music, Credle organized concerts by bluesman B.B. King and balladeer Bobby Womack in state prisons. Her involvement grew deeper when the conservatory’s administrators and faculty members decided to teach inmates to …

Life After Prison: A Different Kind Of Sentence?, A Forum At The Boston Center For The Arts, Andrea J. Cabral, Daniel Cordon, Lyn Levy, Gary Little, Janet Rodriguez

Trotter Review

In September 2012, the Boston Center for the Arts (BCA) hosted a forum on life after prison as part of its series, Dialogue: Social Issues Examined Through the Playwright’s Pen. The forum coincided with performances at the Boston Center for the Arts of The MotherF**ker with the Hat, a play by Stephen Andy Guirgis about prisoner reentry.

Andrea J. Cabral, then sheriff of Suffolk County and secretary of public safety in Massachusetts, moderated the forum in BCA’s Calderwood Pavilion, the same theater where SpeakEasy Stage Company was putting on the play. The four panelists work for nonprofit organizations primarily …

Stop And Frisk: From Slave-Catchers To Nypd, A Legal Commentary, Gloria J. Browne-Marshall

Trotter Review

Today’s “stop and frisk” practices stem from centuries of legal control of Africans in America. Colonial laws were drafted specifically to control Africans, enslaved and free. Slave catchers culled the woods in search of those Africans who dared escape. After slavery ended, “Black Codes” or criminal laws were enacted to ensnare African Americans, including the sinister convict-lease system that existed well into the twentieth century. The U.S. Supreme Court ruled to extend police authority to stop and frisk during the Civil Rights Movement.

Police abuse of stop and frisk has led to tens of millions of people detained and searched …

Gray Matters Behind Bars, Howard Manly

Trotter Review

Forty years ago, the nation got tough on crime. It is now paying the price as the skyrocketing cost of incarcerating aging inmates is haunting state and federal prison budgets.

Inside/Outside: A Model For Social Support And Rehabilitation Of Young Black Men, Harold Adams, Castellano Turner

Trotter Review

This paper first identifies some of the most important problems facing incarcerated young black males. Next, we present an historical analysis that pinpoints the War on Drugs as the primary origin of mass incarceration of that group. Then we describe the major consequences for prisoners as well as collateral problems for their families, friends, and communities. We then outline the types of programs created to address these problems. We summarize research that shows the key to solving high recidivism rates is social support during incarceration and after release. We describe in particular a Boston-based organization, the Committee of Friends and …

Introduction: Lynching, Incarceration’S Cousin: From Till To Trayvon, Barbara Lewis

Trotter Review

The wholesale criminalizing of the black male has been much in the news, put there by the Trayvon Martin case and the Florida verdict. (Incidentally, even though we don’t often think of it, Florida was where the first African slaves were installed in America, back in the 1500s in the city of St. Augustine.) As an academic, which, loosely translated means that I often bury my head between the covers of a book trying to figure out one thing or another, I am thought of as someone who is cautious and circumspect in what I think and write, but I …

The Gay Accent, Gender, And Title Vii Employment Discrimination, Ryan Castle

Seattle University Law Review

While race, religion, ethnicity, and sex will always remain salient social issues in our nation, sexual orientation is currently at the forefront of our national debate and will likely not abate in the foreseeable future. Federal courts, for example, struggle in differentiating sex, gender, and sexuality when adjudicating Title VII employment discrimination claims. Because Title VII does not protect employees from sexual orientation-based discrimination, plaintiffs who are or are perceived to be of a sexual minority have difficulty proving a valid sex-based discrimination claim in federal court. This difficulty arises because one cannot perceive sex, gender, and sexuality without muddling …

The Achievement Gap And Disparate Impact Discrimination In Washington Schools, Sarah Albertson

Seattle University Law Review

In today’s public schools, students designated as “white” and “Asian” consistently outperform students from other ethnic groups in test scores and graduation rates. These disparities, commonly called “the achievement gap,” are a symptom of greater issues, or “opportunity gaps.” Washington State has recently taken a further step to address the achievement gap and racial discrimination in schools. In 2010, the Washington legislature passed the Equal Education Opportunity Law (EEOL), HB 3026, in response to the recommendations in commissioned achievement gap studies. The EEOL authorizes the Office of the Superintendent of Public Instruction (OSPI) to enforce this law through regulations. This …

Women's Rights On The Right: The History And Stakes Of Modern Pro-Life Feminism, 1968 To The Present, Mary Ziegler

Scholarly Publications

Recently, pro-life advocates have popularized claims that abortion harms rather than helps women. The best known of these arguments are the woman-protective arguments—contentions, such as those endorsed in Gonzales v. Carhart, justifying abortion restrictions on the basis of the physical or psychological harms supposedly produced by the procedure. Woman-protective claims, however, represent only one part of a much larger strategy that this Article calls pro-life feminism. The Article follows pro-life activists’ use of the term “feminist” or “feminism.” As the Article makes clear, activists on competing sides of the abortion issue have contested the meaning of “true” feminism. Taking …

Abortion And Disgust, Courtney Megan Cahill

Scholarly Publications

This Article uses disgust theory — defined as the insights on disgust by psychologists and social scientists — to critique disgust’s role in abortion lawmaking. Its starting point is a series of developments that independently highlight and call into question the relationship between abortion and disgust. First, the Supreme Court introduced disgust as a valid basis for abortion regulation in its 2007 case Gonzales v. Carhart. Second, psychologists have recently discovered a sufficiently strong association between individual disgust sensitivity and abortion opposition to suggest that disgust might drive that opposition. They have also discovered that “abortion disgust” appears to be …

Employment Discrimination, Peter Reed Corbin, John E. Duvall

Mercer Law Review

After last year's blockbuster year, the United States Supreme Court was relatively quiet in the area of employment discrimination during the 2012 survey period. The High Court's most significant ruling was its decision in Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC, in which the Court held that the First Amendment's Establishment and Free Exercise Clauses create a "ministerial exception" that barred a disability discrimination lawsuit against a religious organization.

However, the United States Court of Appeals for the Eleventh Circuit offset the Supreme Court's inactivity by handing down six published Title VII opinions and ten published decisions in …

Masthead

University of Miami Race & Social Justice Law Review

No abstract provided.

Domestic Counterinsurgency: How Counterinsurgency Tactics Combined With Laws Were Deployed Against Blacks Throughout U.S. History, William Y. Chin

University of Miami Race & Social Justice Law Review

Long before the United States engaged in counterinsurgency overseas in Iraq and Afghanistan, the United States engaged in counterinsurgency domestically against blacks. The history of America is a history of enduring conflict between black insurgents and white counterinsurgents. This conflict began centuries ago with the forced transport of enslaved blacks to America’s shores. From the beginning, whites employed all levers of national power including laws to suppress black resistance. The laws became counterinsurgency weapons launched against blacks in an internal conflict lasting generations.