Civil Rights and Discrimination Commons^™

Cat’S In The Cradle: Tenth Circuit Provides Silver Spoon Of Subordinate Bias Liability In Eeoc V. Bci Coca-Cola Bottling Co. Of Los Angeles, Curtis J. Thomas

Oklahoma Law Review

No abstract provided.

Exploring The Limits Of Executive Civil Rights Policymaking, Stephen Plass

Oklahoma Law Review

No abstract provided.

Equal By Law, Unequal By Caste: The "Untouchable" Condition In Critical Race Perspective, Smita Narula

Elisabeth Haub School of Law Faculty Publications

Caste-based oppression in India lives today in an environment seemingly hostile to its presence: a nation-state that has long been labeled the “world's largest democracy;” a progressive and protective constitution; a system of laws designed to proscribe and punish acts of discrimination on the basis of caste; broad-based programs of affirmative action that include constitutionally mandated reservations or quotas for Dalits, or so-called “untouchables;” a plethora of caste-conscious measures designed to ensure the economic “upliftment” of Dalits; and an aggressive economic liberalization campaign to fuel India's economic growth.

This Article seeks to answer the question of how and why this …

Simply Put: How Diversity Benefits Whites And How Whites Can Simply Benefit Diversity, Angela Mae Kupenda

Journal Articles

Although there are surmountable legal barriers to racial integration in education, fuller integration is possible. But first, whites must see how they benefit from diversity, and, second, whites must take simple steps toward integration that may, in turn, reveal to whites their desire to become more fully integrated. These two steps may help remove the limiting point to true integration.

Book Review, Angela Mae Kupenda

Journal Articles

YOUR BLUES AIN’T LIKE MINE is an excellently written, fictionalized account of the lives of several people set in the fifties as a rural Mississippi community reacts to impending school racial desegregation and the killing of a fifteen year old black boy who had the misfortune of speaking French in the direction of a white woman. I’ve used this book to facilitate discussion on issues of race, gender, the law, class, and politics in several of my law school classes such as Race and the Law, Gender and the Law, and Civil Rights.

Plessy's Ghost: Grutter, Seattle And The Quiet Reversal Of Brown, D. Marvin Jones

Articles

No abstract provided.

Little Big Man—United States District Judge Ronald N. Davies, William R. Wilson Jr.

University of Arkansas at Little Rock Law Review

No abstract provided.

Reflections On The Commemoration Of The 50th Anniversary Of The Crisis At Little Rock Central High School, Judge Wiley Branton Jr.

University of Arkansas at Little Rock Law Review

No abstract provided.

Comments Made At The Ben J. Altheimer Symposium On The 50th Anniversary Of The Central High Crisis Held At The Ualr William H. Bowen School Of Law, John W. Walker

University of Arkansas at Little Rock Law Review

No abstract provided.

Harry Ashmore And "The Crisis Mr. Faubus Made", Elizabeth Jacoway

University of Arkansas at Little Rock Law Review

No abstract provided.

Cooper V. Aaron: Development And Implementation Of The Litigation, Judith Kilpatrick

University of Arkansas at Little Rock Law Review

No abstract provided.

Not All Lawyers Are Equal: Difficulties That Plague Women And Women Of Color, Theresa M. Beiner

Law Faculty Scholarship

No abstract provided.

The Little Rock School District's Quest For Unitary Status, Honorable Robert L. Brown

University of Arkansas at Little Rock Law Review

This essay discusses the major judicial benchmarks affecting the Little Rock School District since Brown v. Board of Education, andl additionally touches on attitudinal stumbling blocks between the races where problems continue to arise and where suspicions run deep.

After some forty years of litigation the Little Rock School District has been declared unitary in all respects by the Federal District Court for the Eastern District of Arkansas. There are judicial benchmarks since Brown and three cases bear mentioning. The initial focus of the essay is on the unitary-status decisions handed down by the Federal District Court, and specifically by …

From Little Rock To Seattle And Louisville: Is "All Deliberate Speed" Stuck In Reverse?, Charles J. Ogletree Jr., Susan Eaton

University of Arkansas at Little Rock Law Review

More than 50 years after Brown v. Board of Education, in Parents Involved in Community Schools v. Seattle School District, the Supreme Court issued a much anticipated, sharply divided opinion concerning the conscious use of a student’s "race" in plans to desegregate now de facto segregated public schools. The Court found unconstitutional the race-inclusive methods used by the Seattle and Louisville public school officials who were attempting to create racially integrated schools.

In order to understand the full impact of the Supreme Court’s recent decisions regarding school desegregation, an analysis of the Seattle and Louisville plans and the Court’s reasoning …

History Of The Alternative Desegregation Plan And The Black Community's Perspective And Reaction, Johanna Miller Lewis

University of Arkansas at Little Rock Law Review

No abstract provided.

The Little Rock Confrontation And Cooper V. Aaron: Development And Implementation Of Constitutional Litigation, Tony A. Freyer

University of Arkansas at Little Rock Law Review

No abstract provided.

Lessons Learned From Comparing The Application Of Constitutional Law And Anti-Discrimination Law To African Americans In The U.S. And Dalits In India In The Context Of Higher Education, Kevin D. Brown, Vinay Sitapati

Articles by Maurer Faculty

In this Article the authors will compare the development of constitutional law and federal anti-discrimination law in the context of higher education of African-Americans in the U.S. and Dalits in India. Both groups suffer from oppression and discrimination based upon a hereditary trait and related to their integration into mainstream society; neither group is completely isolated from the majority population responsible for the discrimination; and African-Americans and Dalits approximate similar percentages of their country's population. Based upon the 2000 census, African-Americans constitute 12.7% of the American populations, and, according to the 1991 Census Report of India, Dalits make up 16.5% …

Community, Diversity, And Equal Protection: The Louisville And Seattle School Cases (Symposium Introduction), Robert M. Ackerman

Law Faculty Research Publications

No abstract provided.

Bridging The Gap Between Truth And Reconciliation: Restorative Justice And The Indian Residential School Truth And Reconciliation Commission, Jennifer Llewellyn

Articles, Book Chapters, & Popular Press

As suggested by the title Bridging the Gap between Truth and Reconciliation: Restorative Justice and the Indian Residential Schools Truth and Reconciliation Commission, this essay examines the potential gap between truth and reconciliation and suggests that the principles underlying restorative justice provide the necessary bridge. With respect to the goal of reconciling relationships, the author makes it clear that she is speaking of social relationships, not personal relationships. Restorative justice “is not about getting parties to hug and make up; rather, it strives to create the conditions of social relationships in which all parties might achieve meaningful, just, and peaceful …

U.S. Immigration Policy: Contract Or Human Rights Law?, Victor C. Romero

Faculty Scholarship

The current immigration debate often reflects a tension between affirming the individual rights of migrants against the power of a nation to control its borders. An examination of U.S. Supreme Court precedent reveals that, from our earliest immigration history to the present time, our immigration policy has functioned more like contract law than human rights law, with the Court deferring to the power of Congress to define the terms of that contract at the expense of the immigrant's freedom.

The Sit-Ins And The Failed State Action Revolution, Christopher W. Schmidt

Studio for Law and Culture

This article revises the traditional account of why the Supreme Court, when faced in the early 1960s with a series of cases arising out of the lunch counter sit-in movement, refused to hold racial discrimination in public accommodations unconstitutional. These cases are the great aberration of the Warren Court. At a time when the justices confidently reworked one constitutional doctrine after another, often in response to the moral challenges of the civil rights movement and often in the face of considerable public resistance, they broke pattern in the sit-in cases. And they did so despite a transformation in popular opinion …

Blood Quantum And Equal Protection, Rose Cuison Villazor

Studio for Law and Culture

Modern equal protection doctrine treats laws that make distinctions on the basis of indigeneity defined on blood quantum terms along a racial/political paradigm. This dichotomy may be traced to Morton v. Mancari and more recently to Rice v. Cayetano. In Mancari, the Supreme Court held that laws that privilege members of Native American tribes do not constitute racial discrimination because the preferences have a political purpose – to further the right to self-government of tribes. Rice v. Cayetano crystallized the juxtaposition of the racial from the political nature of indigeneity by invalidating a law that privileged Native Hawaiians. That …

America’S Enduring Legacy: Segregated Housing And Segregated Schools, Jonathan K. Stubbs

Law Faculty Publications

Recently, the global human rights community experienced the loss of Oliver W. Hill. During his 100 years, Mr. Hill received many well-deserved awards including the NAACP’s Spingarn Medal, the Presidential Medal of Freedom, and the highest awards of the ABA. He was perhaps best known for his inspiring role as co-lead counsel in the Prince Edward County, Virginia, school desegregation case, Davis v. County Board of Education, which the Supreme Court consolidated with three other cases in Brown v. Board of Education. For 80 of his 100 years, first as an activist and later as a lawyer, Mr. Hill fought …

Civil Rights Act Of 1964, Henry L. Chambers, Jr.

Law Faculty Publications

The Civil Rights Act of 1964 (42 U.S. C.A.) (the 19 Act) likely has had the greatest transformative effect on American society of any single law. By prohibiting discrimination based on race, color, sex, religion, a national origin in places of public accommodation, in federally assisted programs, in employment, in schools and with respect to voting rights, this massive law has had profound effects on almost every facet of American society.

Equality Opportunity: Marriage Litigation And Iowa's Equal Protection Law, Suzanne B. Goldberg

Faculty Scholarship

Discrimination claims against longstanding rules invite the public and the courts to rethink the status quo and address overarching legal and social commitments to equality together with questions specific to the case at hand. Lawsuits seeking marriage rights for same-sex couples quintessentially illustrate this multilayered nature of law reform litigation, as the debates they provoke focus not only on the rights of same-sex couples but also on the meaning of marriage and the meaning of equality more generally. While few other than lawyers, judges, and perhaps some reporters actually read the equal protection and due process arguments that the presiding …

Designing The Architecture For Integrating Accommodation: An Institutionalist Commentary, Susan P. Sturm

Faculty Scholarship

Integrating Accommodation, by Elizabeth F. Emens, reshapes the framework for evaluating workplace accommodations to assure consideration of their third-party benefits. In an ingenious move, the article extends the contact hypothesis, which conventionally emphasizes the attitudinal benefits of integrating diverse groups, to the impact of integrating the accommodations made so that disabled people can effectively participate in the workplace. The article shows how accommodations benefit third parties by improving their workplace conditions and thus have the potential to change attitudes toward disability, accommodation, and the Americans with Disabilities Act (ADA).

Intuition, Morals, And The Legal Conversation About Gay Rights, Suzanne B. Goldberg

Faculty Scholarship

When lawyers and judges converse in litigation, factual and legal analysis typically takes center stage. Yet, when the legal conversation turns to the rights of lesbians, gay men, and bisexuals, the ground shifts. Intuition and morals rationales often displace evidence-based reasoning. More specifically, arguments to limit the rights of lesbians and gay men tend to depend explicitly on intuition, and sometimes morality, in ways that contemporary arguments to restrict the rights of other social groups rarely do.

In addressing this dissonance, this essay has two central aims. The first is simply to observe the disproportionate openness to arguments based on …

A Constitutional Analysis Of Parents Involved In Community Schools V. Seattle School District No. 1 And Voluntary School Integration Policies, Angelo N. Ancheta

Faculty Publications

On June 28, 2007, a sharply divided United States Supreme Court invalidated student assignment plans in Seattle, Washington and Louisville, Kentucky that were designed to promote racial diversity and to address racial isolation in K-12 education. By a 5-to-4 vote in Parents Involved in Community Schools v. Seattle School District No. I and McFarland v. Jefferson County Board of Education, the Court struck down voluntary integration plans under the "strict scrutiny" standard applied to race-conscious policies challenged under the Equal Protection Clause of the Fourteenth Amendment, and ruled that the plans were not narrowly tailored to the interests asserted by …

Science And Constitutional Fact Finding In Equal Protection Analysis, Angelo N. Ancheta

Faculty Publications

This Article examines theories of fact finding and rules of evidence, as well as critiques of scientific citations in equal protection litigation, drawing on opinions starting with Brown v. Board of Education and its well-known citation of psychological and sociological studies documenting the harms of segregation-what the Brown Court labeled "modem authority." Second, this Article examines a range of equal protection cases and discusses how constitutional frameworks have shaped both core constitutional values and the gathering of relevant constitutional facts. Third, this Article examines in more detail the Parents Involved cases, as well as the underlying science and the citation …

Undercover Power: Examining The Role Of The Executive Branch In Determining The Meaning And Scope Of School Integration Jurisprudence, Lia Epperson

Faculty Publications

This paper focuses on the interaction of the federal judicial and executive branches of government in one key area of civil rights, determining the scope and direction of school integration. Specifically, this paper examines the extremely powerful role of the United States Department of Education's Office for Civil Rights ("OCR") in shaping the application of the Supreme Court's decisions with respect to racial inclusion in public education in the wake of two watershed rulings, Brown v. Board of Education  and Grutter v. Bollinger. In addition, this paper discusses the possible consequences of executive and judicial interplay in the aftermath of …