Civil Rights and Discrimination Commons^™

Cox, Halprin, And Discriminatory Municipal Services Under The Fair Housing Act, Robert G. Schwemm

Law Faculty Scholarly Articles

This Article deals with Cox v. City of Dallas, Halprin v. Prairie Single Family Homes of Dearborn Park Ass’n, and the issue of whether the Federal Fair Housing Act (FHA) should be interpreted to outlaw discrimination in the provision of services by local governments. Part I describes the Cox litigation and its connection with Halprin. Part II surveys the pre-Cox cases that have dealt with discriminatory municipal services. Part III analyzes the FHA's relevant provisions and their legislative history and concludes that Cox and Halprin were wrong to deny FHA protection to current residents. Part IV …

Framework For The Next Civil Rights Act: What Tort Concepts Reveal About Goals, Results, And Standards, Derek W. Black

Faculty Publications

This article anticipates that the next president and the current Congress will likely pursue civil rights legislation for the first time since 1991. Their most significant and difficult task will be determining whether to retain the Supreme Court’s intentional discrimination standard. Because this issue has so often led to polemic debates and court decisions in the past, this article attempts to provide a neutral framework for that discussion. Relying on tort concepts and their longstanding connection to constitutional torts, it demonstrates that the attempt to create a standard to prohibit immoral or “wrongful” conduct is both misguided and will prove …

Don't Count Them Out Just Yet: Toward The Plausible Use Of Race-Preference Student Assignment Plans, Leslie Yalof Garfield

Elisabeth Haub School of Law Faculty Publications

Contrary to conventional wisdom, the Supreme Court's recent decision in Parents Involved in Community Schools v. Seattle School District No. 11 could serve to broaden the permissible use of race beyond the boundaries presently permitted by the Court. In this highly fractionalized decision, five justices ultimately agreed that the race-based student assignment plans before their review could not withstand judicial scrutiny. One of these justices, Justice Kennedy, agreed with the plurality's conclusion, but rejected the plurality's assessment that it is never permissible to use race-preference student assignment plans absent evidence of de jure segregation. His concurrence, when read together with …

Rhetorical Atavism And The Narrative Of Progress In The Debate Over Marriage Equality, Courtney Megan Cahill

Scholarly Publications

No abstract provided.

Katrina's Window: Localism, Resegregation, And Equitable Regionalism, David D. Troutt

Buffalo Law Review

No abstract provided.

No Brown Towns: Anti-Immigrant Ordinances And Equality Of Educational Opportunity For Latina/Os, Tom I. Romero Ii

Scholarly Works

No abstract provided.

Don’T Ask, Don’T Tell: A Dying Policy On The Precipice, Robert I. Correales

Scholarly Works

This article examines the labyrinth of statutes, regulations and directives that composed “Don’t Ask, Don’t Tell,” a policy which those suspected of being gay or lesbian find difficult, if not impossible, to escape. It also analyzes the real-world and military consequences of the de facto ban and the effects of the moral condemnation of gays and lesbians by the U.S. Supreme Court upon deliberations of the policy in Congress and upon lower courts that have presided over challenges to the policy. Relying heavily on the legislative history of “Don’t Ask, Don’t Tell,” and the social and political context under which …

"Constitutional Justice" Or "Constitutional Peace"? The Supreme Court And Affirmative Action, Robert J. Delahunty

Washington and Lee Law Review

The "problem of constitutional evil" is the topic of a recent and provocative book by historian and law professor Mark Graber. The problem arises because the formation and the maintenance of constitutions such as ours require concessions by one group of citizens to another group who, in the eyes of the former, are committed to radically unjust practices. In the case of the formation of our own Constitution, the most fundamental of such concessions was the compromise under which slavery was guaranteed constitutional protection, at least where it already existed Despite their deep misgivings over slavery, opponents of that institution …

Aclu Legal Director To Pay Rare Visit To Our State, Jeffrey T. Renz

Faculty Journal Articles & Other Writings

In this article the author introduces Steve Shapiro, legal director of the ACLU, prior to his appearance as keynote speaker at the Montana ACLU annual meeting in February 2008.

Unconscious Racism Revisited: Reflections On The Impact And Origins Of "The Id, The Ego, And Equal Protection", Charles R. Lawrence Iii

Georgetown Law Faculty Publications and Other Works

Twenty years ago, Professor Charles Lawrence wrote “The Id, The Ego, and Equal Protection: Reckoning With Unconscious Racism.” This article is considered a foundational document of Critical Race Theory and is one of the most influential and widely cited law review articles. The article argued that the purposeful intent requirement found in Supreme Court equal protection doctrine and in the Court’s interpretation of antidiscrimination laws disserved the value of equal citizenship expressed in those laws because many forms of racial bias are unconscious. Professor Lawrence suggested that rather than look for discriminatory motive, the Court should examine the cultural meaning …

Disintegration, Girardeau A. Spann

Georgetown Law Faculty Publications and Other Works

The silver lining behind the Supreme Court's decision to disintegrate the Seattle and Louisville public schools is that the decision also runs the risk of disintegrating judicial review. Parents Involved in Community Schools v. Seattle School District No. 1 holds that the Constitution bars voluntary, race-conscious efforts by two local school boards to retain the racial integration that they worked so hard to achieve after Brown. In so holding, the Court curiously reads the Equal Protection Clause as preventing the use of race to pursue actual equality, and instead insists on a type of formal "equality" that has historically …

Are We Dead Yet? The Lies We Tell To Keep Moving Forward Without Feeling, Mari J. Matsuda

Georgetown Law Faculty Publications and Other Works

Some days it seems easier to live with innocence, as though this afternoon's traffic and tonight's dinner were the big challenges of our lives, as if we could keep turning the key in the ignition and burning the incandescent bulb in the kitchen, magically removed from a grid that involves coal and oil, mercury poisoning, and pipelines, and colonialism and war.

Charles Lawrence wrote an article to prove to himself that he was not crazy. To tired colleagues who were saying, "There are no racists here," an adult variant of "Wasn't me," he chose a response that ruptured. In the …

Moral Conflict And Conflicting Liberties, Chai R. Feldblum

Georgetown Law Faculty Publications and Other Works

The authors' goal in this chapter is to surface some of the commonalities between belief liberty and identity liberty and to offer some public policy suggestions for what to do when these liberties conflict. She first wants to make transparent the conflict that she believes exists between laws intended to protect the liberty of lesbian, gay, bisexual, and transgender (LGBT) people so that they may live lives of dignity and integrity and the religious beliefs of some individuals whose conduct is regulated by such laws. The author believes those who advocate for LGBT equality have downplayed the impact of such …

Independent Protection And Advocacy: Th E Role Of Counsel In Institutional Settings, Karen O. Talley

NYLS Law Review

No abstract provided.

Letting "Privates" Be Private: Toward A Right Of Gender Selfdetermination, Samuel E. Bartos

Cardozo Journal of Equal Rights & Social Justice

The note examines the contradictory landscape of transgender jurisprudence, particularly focusing on the legal struggles of transgender individuals to achieve recognition of their gender identity. It highlights the Kansas Supreme Court's decision in In the Matter of the Estate of Marshall G. Gardiner, which denied legal recognition of a transgender individual's marriage, contrasted with more progressive rulings in other jurisdictions. The analysis underscores the need for a consistent and inclusive legal framework to address the rights of transgender individuals, emphasizing the potential for future Supreme Court intervention to establish uniform standards.

Race, Louisville, And Class-Based School Assignments: Could It Happen In Chicago? , Elizabeth Nelson

Public Interest Law Reporter

No abstract provided.

Due Process Rights In Removal Proceedings: Ice Raids And The True Price Of Border Security, Jeremy Moorehouse

Public Interest Law Reporter

No abstract provided.

Immigration Raid Results In Charges Filed Against Iowa Slaughterhouse For Child Labor Violations, Ana Maria Echiburu

Public Interest Law Reporter

No abstract provided.

Privacy, Authenticity, & Equality: The Moral And Legal Case For The Right To Homosexual Marriage, Jeffrey L. Johnson

Florida A & M University Law Review

No abstract provided.

Them That Has, Gets, Daria Roithmayr

Publications

No abstract provided.

Reconstituting Japanese Law: International Norms And Domestic Litigation, Timothy Webster

Faculty Publications

This paper examines a number of lawsuits challenging racial discrimination in Japan’s private sector. Since Japan does not have a law banning private acts of racial discrimination, victims of racial discrimination invoke international human rights law to buttress their claims for compensation. I argue that Japanese judges are, by and large, receptive to these international law claims, but that the system for adjudicating racial discrimination disputes is inadequate. Specifically, a law that bans private acts of racial discrimination would put Japan in line with recently emergent global norms of equality.

Rhetorical Neutrality: Colorblindness, Frederick Douglass, And Inverted Critical Race Theory, Cedric Merlin Powell

Cleveland State Law Review

Rhetorical Neutrality refers to the middle ground approach adopted by the Supreme Court in its race jurisprudence. This Article examines rhetorical neutrality as evinced in the narratives espoused in the opinions of Justices O'Connor and Thomas. In Grutter, both Justices employ neutral approaches, rooted in colorblindness. However, the underlying rhetoric, or how their reasoning is expressed in their respective opinions, is strikingly distinct. Neither Justice advances a remedial approach; both Justices start with the premise that race is inherently suspect, but their approaches diverge because they view colorblind neutrality in fundamentally distinct ways.

Beyond Analogy: Perez V. Sharp, Antimiscegenation Law, And The Fight For Same-Sex Marriage, Robin A. Lenhardt

Faculty Scholarship

Conversations about the constitutionality of prohibitions on marriage for same-sex couples invariably reduce to the question of whether a meaningful analogy can be drawn between restrictions on same-sex marriage and antimiscegenation laws. In an effort to refocus this debate, this article considers the California Supreme Court's 1948 decision in Perez v. Sharp and its use by advocates in recent litigation to secure marriage rights for gay and lesbian couples. Opponents of marriage rights for members of the LGBT *840 community frequently assert that dispatching Perez in these cases distorts the meaning of that decision and other similar precedents by drawing …

Faculty Emeritus Nomination Of Professor Edna Saffy, Ph.D., Edna Louise Saffy

Saffy Collection - All Textual Materials

Contents of nomination include nomination letters, letters from students, letters from Florida Community College Jacksonville President Steven Wallace, and a description of Dr. Saffy’s achievements and service to the College.

“Equality, I Spoke Th At Word/As If A Wedding Vow”: Mental Disability Law And How We Treat Marginalized Persons, Michael J. Perlin, John Douard

NYLS Law Review

No abstract provided.

Sex Offender As Scapegoat: The Monstrous Other Within, John Douard

NYLS Law Review

No abstract provided.

Involuntary Outpatient Commitment: Some Th Oughts On Promoting A Meaningful Dialogue Between Mental Health Advocates And Lawmakers, Henry A. Dlugacz

NYLS Law Review

No abstract provided.

Smoke-Free State Psychiatric Facility Grounds: Is Legislation Necessary And Appropriate To Remove Tobacco From These Treatment Settings?, Maureen Hackett M.D.

NYLS Law Review

No abstract provided.

An Analysis Of The Implementation And Impact Of The 2004–2005 Amendments To The Community Reinvestment Act Regulations: Th E Continuing Importance Of The Cra Examination Process, Josh Silver, Richard Marsico

NYLS Law Review

No abstract provided.

The Giuliani Years: Corporation Counsel 1994–1997, Paul A. Crotty

NYLS Law Review

No abstract provided.