Civil Rights and Discrimination Commons^™

Reviving The Right To Vote, Ellen D. Katz

Articles

Losers in partisan districting battles have long challenged the resulting districting plans under seemingly unrelated legal doctrines. They have filed lawsuits alleging malapportionment, racial gerrymandering, and racial vote dilution, and they periodically prevail. Many election law scholars worry about these lawsuits, claiming that they needlessly "racialize" fundamentally political disputes, distort important legal doctrines designed for other purposes, and provide an inadequate remedy for a fundamentally distinct electoral problem. I am not convinced. This Article argues that the application of distinct doctrines to invalidate or diminish what are indisputably partisan gerrymanders is not necessarily problematic, and that the practice may well …

The Legacy Of Loving, Joanna L. Grossman, John Dewitt Gregory

Hofstra Law Faculty Scholarship

The Supreme Court sounded the death knell for anti-miscegenation laws in Loving v. Virginia in 1967. This essay, published in honor of Loving's fortieth anniversary, considers the personal, cultural, and legal legacy of the decision, which brought an abrupt end to the practice of outlawing interracial marriage. But since those laws were already on the way out at the time Loving was decided, its legacy must be constructed by looking more broadly at its impact on American law and society. That exploration reveals first a powerful personal legacy for Mildred and Richard Loving, who were permitted to return to Virginia …

Why The Supreme Court Lied In Plessy, David S. Bogen

Villanova Law Review (1956 - )

No abstract provided.

Civil Liberties In Uncivil Times: The Perilous Quest To Preserve American Freedoms, Kenneth Lasson

All Faculty Scholarship

The perilous quest to preserve civil liberties in uncivil times is not an easy one, but the wisdom of Benjamin Franklin should remain a beacon: "Societies that trade liberty for security end often with neither." Part I of this article is a brief history of civil liberties in America during past conflicts. Part II describes various actions taken by the government to conduct the war on terrorism - including invasions of privacy, immigration policies, deportations, profiling, pre-trial detentions, and secret military tribunals. Part III analyzes the serious Constitutional questions raised by the government's actions in fighting terrorism. The thesis throughout …

Re-Imagining Public Enforcement Of Title Ix, Julie A. Davies, Lisa M. Bohon

McGeorge School of Law Scholarly Articles

No abstract provided.

Dealing With Harrassment In All Of Its Forms, Michael T. Zugelder, Paul J. Champagne, Steven D. Maurer

Finance Faculty Publications

Workplace harassment in its many forms presents an increasingly serious challenge for employers, in terms of legal liability and its potential negative effect on employee behavior. This article reviews workplace harassment with attention to the affirmative defense that the Supreme Court has authorized and the factors the courts have considered in deciding whether the defense has been established. That analysis in turn is applied to a discussion of specific actions organizations might take to prevent harassment and create a more positive and effective organizational environment.

Children's Rights Are Human Rights- An Introductory Handbook For Students And Professionals, Claire Bedard

Center for the Human Rights of Children

This handbook is intended for students and professionals of all disciplines- either closely or remotely connected to serving the needs of children. The goal of this handbook is to advance the cause of children everywhere.

You Take My Space, I Take Your Air: An Empirical Study Of Disabled Parking And Motor Vehicle Laws For Persons With Disabilities, Donald H. Stone

All Faculty Scholarship

Reserved parking and specialized treatment are necessary to permit individuals with disabilities access to goods, services, and employment opportunities on an equal basis with the general public. Why are disabled drivers entitled to disabled parking spots? What is the procedure for an individual with a disability to receive special disability registration license plates? What is the role of the Medical Advisory Board in reviewing the ability of disabled drivers to get behind the wheel? What, if any, obligation or responsibility does a physician treating a disabled driver have to notify the Department of Motor Vehicles of the patient's condition or …

Affirmative Inaction, Girardeau A. Spann

Georgetown Law Faculty Publications and Other Works

Perhaps the most exasperating aspect of racial discrimination in the United States is the self-righteous manner in which it is practiced. After a history of facilitating white exploitation of minority interests, the Supreme Court intimated in Grutter v. Bollinger that time was running out for racial minorities to take advantage of the opportunities for equality that the culture has offered in the form of affirmative action. Justice O'Connor's majority opinion seemed to say that in another twenty-five years, the Court would cease to tolerate such special favors for racial minorities, thereby leaving minorities only a limited amount of time remaining …

Makeup For Success: Why Jespersen V. Harrah's Stifles Diversity By Promoting Stereotypes In Employment, Alison J. Hartwell

Cardozo Journal of Equal Rights & Social Justice

The note argues that the Ninth Circuit's decision in Jespersen v. Harrah's Operating Co. undermines efforts to promote diversity by upholding employer grooming policies that reinforce gender stereotypes. It contends that the court failed to adequately address how such policies perpetuate discrimination and limit opportunities for employees who do not conform to traditional gender norms.

Women And Weight-Based Employment Discrimination, Alexandra W. Griffin

Cardozo Journal of Equal Rights & Social Justice

The note argues that weight-based employment discrimination disproportionately affects women, contributing significantly to the gender wage gap. It advocates for recognizing this issue as a feminist concern and urges the use of existing legal frameworks and social change to address it.

Transcript: Welcome Address, American University Washington College Of Law Disability Rights Law Clinic

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Transcript: Lunch Address, American University Washington College Of Law Disability Rights Law Clinic

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Transcript: Career And Professional Development , American University Washington College Of Law Disability Rights Law Clinic

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Essential To The National Security: An Executive Ban On "Don't Ask, Don't Tell", Pamela Lundquist

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Family Responsibilities Discrimination: Don't Get Caught Off Guard, Joan C. Williams, Consuela A. Pinto

Faculty Scholarship

No abstract provided.

Law Firms As Defendants: Family Responsibilities Discrimination In Legal Workplaces, Joan C. Williams, Stephanie Bornstein, Diana Reddy, Betsy A. Williams

Faculty Scholarship

No abstract provided.

The Politics Of Time In The Legal Profession, Joan C. Williams

Faculty Scholarship

No abstract provided.

Civil Rights And Related Decisions, Eileen Kaufman

Scholarly Works

No abstract provided.

Other Civil Rights Decisions In The October 2005 Term: Title Vii, Idea, And Section 1981(Eighteenth Annual Supreme Court Review), Eileen Kaufman

Scholarly Works

No abstract provided.

Protecting Constitutionalism In Treacherous Times: Why 'Rights' Don't Matter, W. Wesley Pue

All Faculty Publications

Common lawyers have focused too much on rights talk and especially on constitutionally entrenched Bills of Rights in critiquing Anti-Terrorism legislation enacted by democratic common law countries since September 11, 2001. This paper illustrates the ways in which rights talk acts as a distraction from fundamental principles of legality when Anti-Terrorism laws are considered, arguing that embedded rights play three roles antithetical to sustaining governance in accordance with fundamental principles of legality: the roles of paper tiger, Trojan horse, and narcotic.

Striving For Equality, But Settling For The Status Quo: Is Title Vi More Illusory Than Real?, Ruqaiijah Yearby

All Faculty Scholarship

A plethora of empirical studies, such as the Institute of Medicine’s Unequal Treatment report, have shown that racial inequities in health care continue at the same level as in the Jim Crow Era. Innumerable reasons have been offered to explain the continuation of these health inequities, including racial discrimination. Congress enacted Title VI of the Civil Rights Act of 1964 to put an end to racial discrimination in health care, but it still persists. Given the regulation and enforcement mechanisms established under Title VI explicitly aimed at remedying racial discrimination such as that directed at elderly African-Americans it is unbelievable …

Toward A Policy Of Heterogeneity: Overcoming A Long History Of Socioeconomic Segregation In Housing, Peter W. Salsich

All Faculty Scholarship

This article focuses on the exclusionary effects of land use regulation on housing availability and cost. Recent research by economists and others highlighting such effects is examined. The histories of parallel efforts to provide housing for low- and moderate-income families as well as persons with disabilities are reviewed. The article recommends that legislation be enacted that elevates affordable housing for low- and moderate-income to a level of national concern similar to national policies favoring efficient transportation, as well as protecting coastal and wetland areas and endangered species.

Review: Robert L. Carter, A Matter Of Law: A Memoir Of Struggle In The Cause Of Equal Rights, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.

Using Federal And State Laws To Promote Secure Housing For Survivors Of Domestic Violence, Deborah A. Widiss, Emily J. Martin

Articles by Maurer Faculty

No abstract provided.

Exposing Sex Stereotypes In Recent Same-Sex Marriage Jurisprudence, Deborah A. Widiss, Elizabeth Rosenblatt, Douglas Nejaime

Articles by Maurer Faculty

This article examines sex discrimination arguments in recent same-sex marriage cases. Since 1993, when the Hawaii Supreme Court held in Baehr v. Lewin that denying same-sex couples the right to marry could state a claim of sex discrimination, every state high court to consider the issue has rejected the claim. But many recent decisions have in fact relied upon sex-based stereotypes to justify marriage restrictions. These include claims that men and women, simply by virtue of their gender, provide distinct role models for children; that men and women play "opposite" or "complementary" roles within marriage; and that marriage is essential …

Hate Thy Neighbor, Jeannine Bell

Articles by Maurer Faculty

This Article addresses one of the consequences of racial segregation in housing - violence and intimidation directed at minorities who are integrating white neighborhoods. In describing the history and dynamics of this type of anti-integrationist crime, the Article seeks to offer an introduction to the setting of hate crimes in a neighborhood context. The Article provides a critical bridge between hate crime law and housing law, exploring the substantial difficulties when each of these legal remedies is used to combat this type of violence. The Article concludes by offering a series of solutions uniquely crafted to combat the problem of …

The Architecture Of Inclusion: Interdisciplinary Insights On Pursuing Institutional Citizenship, Susan Sturm

Faculty Scholarship

Structural inequality has captured the attention of academics, policymakers, and activists. This structural reorientation is occurring at a time of judicial retrenchment and political backlash against affirmative action. These developments have placed in sharp relief the mismatch between structural diagnoses and the dominant legal frameworks for addressing inequality. Scholars, policymakers, and activists are faced with the pressing question of what to do now. They share a need for new frameworks and strategies, growing out of a better understanding of institutional and cultural change.

I am honored that the Harvard Journal of Law & Gender has used the publication of The …

A Reader's Companion To Against Prediction: A Reply To Ariela Gross, Yoram Margalioth, And Yoav Sapir On Economic Modeling, Selective Incapacitation, Governmentality, And Race, Bernard E. Harcourt

Faculty Scholarship

From parole prediction instruments and violent sexual predator scores to racial profiling on the highways, instruments to predict future dangerousness, drug-courier profiles, and IRS computer algorithms to detect tax evaders, the rise of actuarial methods in the field of crime and punishment presents a number of challenging issues at the intersection of economic theory, sociology, history, race studies, criminology, social theory, and law. The three review essays of "Against Prediction" by Ariela Gross, Yoram Margalioth, and Yoav Sapir, raise these challenges in their very best light. Ranging from the heights of poststructuralist and critical race theory to the intricate details …

Shape Stops Story, Elizabeth F. Emens

Faculty Scholarship

Storytelling and resistance are powerful tools of both lawyering and individual identity, as I argue in this brief essay published in Narrative as part of a dialogue on disability, narrative, and law with Rosemarie Garland-Thompson and Ellen Barton. Garland-Thompson's work shows us the life-affirming potential of storytelling, its role in shaping disability identity, and its role in communicating that identity to the outside world. By contrast, Barton powerfully shows how those same life-affirming narratives can force a certain kind of storytelling, can create a mandate to tell one story and not another. In short, Barton reminds us of the need …