Civil Rights and Discrimination | Open Access Articles

Nervous Laughter And The High Cost Of Equality: Renewing "No Child Left Behind" Will Safeguard A Vibrant Federalism And A Path Toward Educational Excellence, Anthony Consiglio

Brigham Young University Education and Law Journal

No abstract provided.

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Torch (March 2009), Brandon Baldwin, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

No abstract provided.

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Global Crisis Writ Large: The Effects Of Being Stateless In Thailand On Hill-Tribe Children,, Joy K. Park, John E. Tanagho, Mary E. Weicher Gaudette

San Diego International Law Journal

According to the United Nations High Commission for Refugees (UNHCR), "[n]o region of the world has been left untouched by the statelessness issue." International law defines a stateless person as someone "who is not considered as a national by any state under the operation of its law." Yet across the nations, stateless persons do not desire citizenship simply for the sake of citizenship. Ultimately, citizenship, or membership in a nation, provides a link between an individual and that nation and carries with it fundamental benefits and rights. Correspondingly,lack of citizenship translates into a denial of benefits and rights, including basic …

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How The Diversity Rationale Lays The Groundwork For New Discrimination: Examining The Trajectory Of Equal Protection Doctrine, Michael A. Helfand

William & Mary Bill of Rights Journal

This Article advocates differentiating between two distinct categories of equal protection cases. The first-what I have termed indicator cases-are instances where courts consider whether there are sufficient factual indications to demonstrate the existence of aprimafacie equal protection violation. The second-violation casesare instances where courts consider, having already determined the existence of an equal protection violation, whether there is a good enough justification for a prima facie equal protection violation. Unfortunately, the Supreme Court has not differentiated between these two different types of cases. This has led to a string of decisions where the Supreme Court has erroneously looked for justifications …

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What Is The Settlement Rate And Why Should We Care?, Theodore Eisenberg, Charlotte Lanvers

Cornell Law Faculty Publications

After establishing the importance of knowledge of settlement rates, this article first shows that different research questions can yield different settlement rates. Using data gathered from about 3,300 federal cases in the Eastern District of Pennsylvania (EDPA) and the Northern District of Georgia (NDGA), differing measures of settlement emerge depending on whether one is interested in (1) settlement as a proxy for plaintiffs’ litigation success, or (2) settlement as a measure of litigated disputes resolved without final adjudication. Using settlement as a proxy for plaintiff success, we estimate the aggregate settlement rate across case categories in the two districts to …

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Compensatory Discrimination In India Sixty Years After Independence: A Vehicle Of Progress Or A Tool Of Partisan Politics?, Karthik Nagarajan

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

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Achieving The American Dream In Debt? Why The Usa Patriot Act Puts Undocumented Immigrants At Risk For Abuse By The Payday Loan Industry, Katherine Houren

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

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Does Unconscious Racial Bias Affect Trial Judges?, Chris Guthrie, Jeffrey J. Rachlinski, Sheri Lynn Johnson, Andrew J. Wistrich

Vanderbilt Law School Faculty Publications

Race matters in the criminal justice system. Black defendants appear to fare worse than similarly situated white defendants. Why? Implicit bias is one possibility. Researchers, using a well-known measure called the implicit association test, have found that most white Americans harbor implicit bias toward Black Americans. Do judges, who are professionally committed to egalitarian norms, hold these same implicit biases? And if so, do these biases account for racially disparate outcomes in the criminal justice system? We explored these two research questions in a multi-part study involving a large sample of trial judges drawn from around the country. Our results …

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Does Unconscious Racial Bias Affect Trial Judges?, Jeffrey J. Rachlinski, Sheri Johnson, Andrew J. Wistrich, Chris Guthrie

Cornell Law Faculty Publications

Race matters in the criminal justice system. Black defendants appear to fare worse than similarly situated white defendants. Why? Implicit bias is one possibility. Researchers, using a well-known measure called the implicit association test, have found that most white Americans harbor implicit bias toward Black Americans. Do judges, who are professionally committed to egalitarian norms, hold these same implicit biases? And if so, do these biases account for racially disparate outcomes in the criminal justice system? We explored these two research questions in a multi-part study involving a large sample of trial judges drawn from around the country. Our results …

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Reproducing Gender On Law School Faculties, Ann C. Mcginley

BYU Law Review

No abstract provided.

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"Airbrushed Out Of The Constitutional Canon": The Evolving Understanding Of Giles V. Harris, 1903-1925, Samuel Brenner

Michigan Law Review

Richard H. Pildes argued in an influential 2000 article that the U.S. Supreme Court's opinion in Giles v. Harris, which was written by Justice Oliver Wendell Holmes, was the "one decisive turning point" in the history of "American (anti)-democracy." In Giles, Holmes rejected on questionable grounds Jackson W. Giles's challenge to the new Alabama Constitution of 1901-a document which was designed to disfranchise and had the effect of disfranchising African Americans. The decision thus contributed significantly to the development of the all-white electorate in the South, and the concomitant marginalization of southern African Americans. According to Pildes, however, the …

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Sexuality, Religion, And The Right Of Conscience, Emily R. Gill

Schmooze 'tickets'

No abstract provided.

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Certificate Of Appreciation Presented To Rodney Hurst For Participation In The Enaable And Blue Cross Blue Shield Of Florida 2009 Black History Month Celebration

Textual material from the Rodney Lawrence Hurst, Sr. Papers

A certificate presented to Rodney Hurst in appreciation for participation in the ENAABLE and Blue Cross Blue Shield of Florida 2009 Black History Month celebration. February 17, 2009

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Cognitive Complexity Of Online Privacy Management, Collaborative Project

Dyson College- Seidenberg School of CSIS : Collaborative Projects and Presentations

This entry adheres to the use of the quad chart template to provide a succint description only of the current research project undertaken by the participants. It provides for the following information:

1. Participants and Affiliations
2. Overall Project Goals
3. Illustrative picture
4. Specific research/artistic/pedagogic foci

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Half-Full, Half-Empty? Asian American Electoral ‘Presence’ In 2008, Robert S. Chang, Keith Aoki

Faculty Articles

The article discusses the role of Asian Americans in the election of the U.S. President Barack Obama in 2008. It notes that the influence of Asian American in national politics may not significantly affect the next cycles of presidential elections in the U.S. It notes the importance of patience and optimism in envisioning and constructing Asian American electorate.

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Torch (February 2009), Brandon Baldwin, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

No abstract provided.

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Causation Or Correlation? The Impact Of Lulac V. Clements On Section 2 Lawsuits In The Fifth Circuit, Elizabeth M. Ryan

Michigan Law Review

Under section 2 of the Voting Rights Act, illegal vote dilution exists when an electoral standard, practice, or procedure results in a denial or abridgement of the right to vote on account of race or color Plaintiffs demonstrate vote dilution by introducing evidence regarding a variety of objective factors, including whether voting in the jurisdiction in question is polarized along racial lines. In 1993, the Fifth Circuit adopted a new standard for section 2 plaintiffs trying to prove racially polarized voting. The Fifth Circuit held that demonstrating a mere correlation between race and vote was insufficient to establish racially polarized …

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Student Comprehension Of Privacy Issues In Sns, Collaborative Project

Dyson College- Seidenberg School of CSIS : Collaborative Projects and Presentations

This entry adheres to the use of the quad chart template to provide for a succint description only of the current research project undertaken by the participants. It provides for the following information:

1. Participant/s
2. Overall project goals
3. Illustrative picture/s
4.Specific research/artistic/pedagogic foci

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Envelope, Inauguration Day, President Of The United States, Barack Obama

Textual material from the Rodney Lawrence Hurst, Sr. Papers

Envelope with image of Barak Obama, "Inauguration Day, President of the United States Barak Hussein Obama, Sponsored by the George Washington Masonic Stamp Club".

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Metrocard/Metropass Celebrating The Inauguration Of President Barack Obama, Washington Metropolitan Area Transit Authority

Textual material from the Rodney Lawrence Hurst, Sr. Papers

Rechargeable SmartTrip Metro card issued to celebrate the inauguration of President Barak Obama, January 20, 2009. One day Metro pass "Celebrating the Inauguration of Barack Obama, 44th President of the United States"

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'Neutral Principles': Herbert Wechsler, Legal Process, And Civil Rights, 1934-1964, Anders Walker

All Faculty Scholarship

This paper recovers Columbia Law Professor Herbert Wechsler's constitutional involvement in the long civil rights movement. Derided for criticizing Brown v. Board of Education in 1959, Wechsler first became involved in civil rights litigation in the 1930s, continued to be interested in civil rights issues in the 1940s, and argued one of the most important civil rights cases to come before the Supreme Court in the 1960s. His critique of Brown, this article maintains, derived not from a disinterest in the black struggle but from a larger conviction that racial reform should be process rather than rights-based. By recovering Wechsler's …

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Brief Of Amici Curiae Alameda County Bar Association, Bar Association Of San Francisco, Los Angeles County Bar Association, Marin County Bar Association, Santa Clara County Bar Association, Et Al. Supporting Petitioners, Attorneys For Amicus Curiae, Fred T. Korematsu Center For Law And Equality

Fred T. Korematsu Center for Law and Equality

Strauss et al. v. Horton et al.

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The Antidiscrimination Paradox: Why Sex Before Race?, Kimberly A. Yuracko

Faculty Working Papers

This paper seeks to explain a paradox: Why does Title VII's prohibition on sex discrimination currently look so much more expansive than its prohibition on race discrimination? Why in particular, do workers appear to be receiving greater protection for expressions of gender identity than for expressions of racial identity? I argue that as a doctrinal matter, the paradox is illusory—the product of a fundamental misinterpretation of recent sex discrimination case law by scholars. Rather than reflecting fundamentally distinct antidiscrimination principles, the race and sex cases in fact reflect the same traditional commitments to ending status discrimination and undermining group-based subordination. …

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Ambiguity, Ambivalence, And Awakening: A South Asian Becoming 'Critically' Aware Of Race In America, Vinay Harpalani

All Faculty Scholarship

"Ambiguity, Ambivalence, and Awakening: A South Asian Becoming 'Critically' Aware of Race in America" was the winner of the Angela Harris Award for Outstanding Student Writing at the Critical Race Theory 20 Conference. It is my critical race autobiography, where I describe my experiences growing up as a South Asian American -- a racially ambiguous figure -- during the implementation of school desegregation in New Castle County, Delaware. I relay some of my racial encounters in elementary and high school, and then discuss my undergraduate years at the University of Delaware; my graduate school education at the University of Pennsylvania; …

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The Developing Equality Jurisprudence In South Africa, Karthy Govender

Michigan Law Review First Impressions

Apartheid was technically about separateness, but it was fundamentally about inequality. The founding premise of the ideology was to preserve the total hegemony of white South Africans. The liberation organizations opposing the apartheid regime sought to affirm that the country belonged to all those that lived in it. Thus, it is unsurprising that the commitment to equality is one of the founding values of the Constitution and an indelible thread woven throughout the fabric of the Bill of Rights. After some misstatements about certain rights being more important than others, courts have interpreted rights in the Bill of Rights to …

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Dr. King And The Battle For Hearts And Minds, Wendy B. Scott

Faculty Scholarship

In 1954, a unanimous Supreme Court held that laws requiring dual public school systems, separated solely on the basis of race, violated the rights afforded to African American children under the Fourteenth Amendment Equal Protection and Due Process clauses. Brown v. Board of Education marked the beginning of a judicial assault on what the Court in Loving v. Virginia called statutory schemes and state court decisions that served as “an endorsement of the doctrine of White Supremacy.” Both Chief Justice Earl Warren and Dr. King recognized that the practice of White Supremacy did more than keep people separated. In Brown, …

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Outsider Citizens: Film Narratives About The Internment Of Japanese Americans, Taunya Lovell Banks

Faculty Scholarship

This article examines the conflicting film narratives about the internment from 1942 through 2007. It argues that while later film narratives, especially documentaries, counter early government film narratives justifying the internment, these counter-narratives have their own damaging hegemony. Whereas earlier commercial films tell the internment story through the eyes of sympathetic whites, using a conventional civil rights template … Japanese and other Asian American documentary filmmakers construct their Japanese characters as model minorities — hyper-citizens, super patriots. Further, the internment experience remains largely a male story. With the exception of Emiko Omori’s documentary film memoir, Rabbit in the Moon (2004), …

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Equality And Sorority During The Decade After Brown, Taunya Lovell Banks

Faculty Scholarship

No abstract provided.

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Multilayered Racism: Courts' Continued Resistance To Colorism Claims, Taunya Lovell Banks

Faculty Scholarship

No abstract provided.

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Troubled Waters: Mid-Twentieth Century American Society On "Trial" In The Films Of John Waters, Taunya Lovell Banks

Faculty Scholarship

In this Article Professor Banks argues that what makes many of filmmaker John Waters early films so subversive is his use of the “white-trash” body—people marginalized by and excluded from conventional white America—as countercultural heroes. He uses the white trash body as a surrogate for talk about race and sexuality in the early 1960s. I argue that in many ways Waters’ critiques of mid-twentieth century American society reflect the societal changes that occurred in the last forty years of that century. These societal changes resulted from the civil rights, gay pride, student, anti-war and women’s movements, all of which used …

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Full-Text Articles in Civil Rights and Discrimination

Nervous Laughter And The High Cost Of Equality: Renewing "No Child Left Behind" Will Safeguard A Vibrant Federalism And A Path Toward Educational Excellence, Anthony Consiglio

Brigham Young University Education and Law Journal

Torch (March 2009), Brandon Baldwin, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

Global Crisis Writ Large: The Effects Of Being Stateless In Thailand On Hill-Tribe Children,, Joy K. Park, John E. Tanagho, Mary E. Weicher Gaudette

San Diego International Law Journal

How The Diversity Rationale Lays The Groundwork For New Discrimination: Examining The Trajectory Of Equal Protection Doctrine, Michael A. Helfand

William & Mary Bill of Rights Journal

What Is The Settlement Rate And Why Should We Care?, Theodore Eisenberg, Charlotte Lanvers

Cornell Law Faculty Publications

Compensatory Discrimination In India Sixty Years After Independence: A Vehicle Of Progress Or A Tool Of Partisan Politics?, Karthik Nagarajan

Washington and Lee Journal of Civil Rights and Social Justice

Achieving The American Dream In Debt? Why The Usa Patriot Act Puts Undocumented Immigrants At Risk For Abuse By The Payday Loan Industry, Katherine Houren

Washington and Lee Journal of Civil Rights and Social Justice

Does Unconscious Racial Bias Affect Trial Judges?, Chris Guthrie, Jeffrey J. Rachlinski, Sheri Lynn Johnson, Andrew J. Wistrich

Vanderbilt Law School Faculty Publications

Does Unconscious Racial Bias Affect Trial Judges?, Jeffrey J. Rachlinski, Sheri Johnson, Andrew J. Wistrich, Chris Guthrie

Cornell Law Faculty Publications

Reproducing Gender On Law School Faculties, Ann C. Mcginley

BYU Law Review

"Airbrushed Out Of The Constitutional Canon": The Evolving Understanding Of Giles V. Harris, 1903-1925, Samuel Brenner

Michigan Law Review

Sexuality, Religion, And The Right Of Conscience, Emily R. Gill

Schmooze 'tickets'

Certificate Of Appreciation Presented To Rodney Hurst For Participation In The Enaable And Blue Cross Blue Shield Of Florida 2009 Black History Month Celebration

Textual material from the Rodney Lawrence Hurst, Sr. Papers

Cognitive Complexity Of Online Privacy Management, Collaborative Project

Dyson College- Seidenberg School of CSIS : Collaborative Projects and Presentations

Half-Full, Half-Empty? Asian American Electoral ‘Presence’ In 2008, Robert S. Chang, Keith Aoki

Faculty Articles

Torch (February 2009), Brandon Baldwin, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

Causation Or Correlation? The Impact Of Lulac V. Clements On Section 2 Lawsuits In The Fifth Circuit, Elizabeth M. Ryan

Michigan Law Review

Student Comprehension Of Privacy Issues In Sns, Collaborative Project

Dyson College- Seidenberg School of CSIS : Collaborative Projects and Presentations

Envelope, Inauguration Day, President Of The United States, Barack Obama

Textual material from the Rodney Lawrence Hurst, Sr. Papers

Metrocard/Metropass Celebrating The Inauguration Of President Barack Obama, Washington Metropolitan Area Transit Authority

Textual material from the Rodney Lawrence Hurst, Sr. Papers

'Neutral Principles': Herbert Wechsler, Legal Process, And Civil Rights, 1934-1964, Anders Walker

All Faculty Scholarship

Brief Of Amici Curiae Alameda County Bar Association, Bar Association Of San Francisco, Los Angeles County Bar Association, Marin County Bar Association, Santa Clara County Bar Association, Et Al. Supporting Petitioners, Attorneys For Amicus Curiae, Fred T. Korematsu Center For Law And Equality

Fred T. Korematsu Center for Law and Equality

The Antidiscrimination Paradox: Why Sex Before Race?, Kimberly A. Yuracko

Faculty Working Papers

Ambiguity, Ambivalence, And Awakening: A South Asian Becoming 'Critically' Aware Of Race In America, Vinay Harpalani

All Faculty Scholarship

The Developing Equality Jurisprudence In South Africa, Karthy Govender

Michigan Law Review First Impressions

Dr. King And The Battle For Hearts And Minds, Wendy B. Scott

Faculty Scholarship

Outsider Citizens: Film Narratives About The Internment Of Japanese Americans, Taunya Lovell Banks

Faculty Scholarship

Equality And Sorority During The Decade After Brown, Taunya Lovell Banks

Faculty Scholarship

Multilayered Racism: Courts' Continued Resistance To Colorism Claims, Taunya Lovell Banks

Faculty Scholarship

Troubled Waters: Mid-Twentieth Century American Society On "Trial" In The Films Of John Waters, Taunya Lovell Banks

Faculty Scholarship