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Articles 31 - 51 of 51
Full-Text Articles in Fourteenth Amendment
When The Evil Day Comes, Will Title Vii's Disparate Impact Provision Be Narrowly Tailored To Survive An Equal Protection Clause Challenge, Eang Ngov
Faculty Articles
"The road to hell is paved with good intentions." Employers must be careful about the intentional and unintentional effect of their employment practices, even when acting with good motive. Title VII’s disparate impact provision holds employers liable for employment practices that cause an adverse impact on racial groups, even when the employment practice applies equally to all groups and was not implemented to disadvantage a particular group. A prima facie case of disparate impact can arise solely based on numbers - a comparison between the rate at which one racial group passes a test or is selected for hiring or …
War And Peace Between Title Vii's Disparate Impact Provision And The Equal Protection Clause: Battling For A Compelling Interest, Eang Ngov
Faculty Articles
“[T]he war between disparate impact and equal protection will be waged sooner or later, and it behooves us to begin thinking about how – and on what terms – to make peace between them.” This Article addresses Justice Scalia’s premonition in Ricci v. DeStefano by providing an analysis of how that war may be waged and whether peace can be made between Title VII’s disparate impact provision and the Equal Protection Clause. Ricci involved a challenge to the City of New Haven’s decision to void the test results of an examination required for promotion within the City’s fire department. The …
Interpreting The Fourteenth Amendment: Two Don'ts And Three Dos, Garrett Epps
Interpreting The Fourteenth Amendment: Two Don'ts And Three Dos, Garrett Epps
All Faculty Scholarship
A sophisticated reading of the legislative record of the framing of the Fourteenth Amendment can provide courts and scholars with some general interpretive principles to guide their application of the Amendment to current legal problems. The author argues that two common legal conceptions about the Amendment are, in fact, misconceptions. The first is that the Amendment was chiefly concerned with the immediate situation of freed slaves in the former slave states. Instead, he argues, the legislative record suggests that the framers were broadly concerned with the rights not only of freed slaves but also of foreign-born immigrants in the North …
The Majoritarian Difficulty: Affirmative Action, Sodomy, And Supreme Court Politics, Darren L. Hutchinson
The Majoritarian Difficulty: Affirmative Action, Sodomy, And Supreme Court Politics, Darren L. Hutchinson
Faculty Articles
This Article challenges liberal and conservative assessments of Lawrence, Gratz, and Grutter. Although the outcome of these cases might indeed prove helpful to the agendas of social movements for racial and sexual justice, progressive scholars and activists should not receive these cases with elation. Instead, the research of constitutional theorists, critical legal scholars, and political scientists allows for a more contextualized and guarded account of and reaction to these decisions. Instead of representing extraordinary victories for oppressed classes, these cases reflect majoritarian and moderate views concerning civil rights, and the opinions contain many doctrinal elements that reinforce, …
"Can I See Your Papers?" Local Police Enforcement Of Federal Immigration Law Post 9/11 And Asian American Permanent Foreignness, Mohar Ray
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Two "Wrongs" Do/Can Make A Right: Remembering Mathematics, Physics, & Various Legal Analogies (Two Negatives Make A Positive; Are Remedies Wrong?) The Law Has Made Him Equal, But Man Has Not, John C. Duncan Jr
Journal Publications
This article demonstrates the incomplete logic and inconsistent legal reasoning used in the argument against affirmative action. The phrase "two wrongs don't make a right" is often heard in addressing various attempts to equalize, to balance, and to correct the acknowledged wrongs of slavery and segregation and their derivative effects. Yet, "two wrongs do/can make a right" has a positive connotation. This article reviews the history of societal and judicial wrongs against Blacks, as well as the evolution of the narrowing in legal reasoning concerning discrimination against minorities, including Blacks. Next, the legal reasoning behind legacy programs will be reviewed …
The Logic And Experience Of Law: Lawrence V. Texas And The Politics Of Privacy, Danaya C. Wright
The Logic And Experience Of Law: Lawrence V. Texas And The Politics Of Privacy, Danaya C. Wright
UF Law Faculty Publications
The U.S. Supreme Court's June 2003 decision in Lawrence v. Texas may prove to be one of the most important civil rights cases of the twenty-first century. It may do for gay and lesbian people what Brown v. Board of Education did for African-Americans and Roe v. Wade did for women. While I certainly hope so, my enthusiasm is tempered by the fact that discrimination on the basis of race or gender has not disappeared. Will Lawrence signal meaningful change, or will its revolutionary possibilities be stifled by endless cycles of excuse and redefinition? The case is important, but I …
Federalism Re-Constructed: The Eleventh Amendment's Illogical Impact On Congress' Power, Marcia L. Mccormick
Federalism Re-Constructed: The Eleventh Amendment's Illogical Impact On Congress' Power, Marcia L. Mccormick
All Faculty Scholarship
The Constitution is designed to protect individual liberty and equality by diffusing power among the three branches of the federal government and between the federal and state governments, and by providing a minimum level of protection for individual rights. Yet, the Supreme Court seems to think that federalism is about protecting states as states rather than balancing governmental power to protect individuals. In the name of federalism, the Supreme Court has been paring away at Congress' power to enact civil rights legislation. In doing so, it has transformed the Fourteenth Amendment into a vehicle for protecting states rights rather than …
Conceptualizing Constitutional Litigation As Anti-Government Expression: A Speech-Centered Theory Of Court Access, Robert L. Tsai
Conceptualizing Constitutional Litigation As Anti-Government Expression: A Speech-Centered Theory Of Court Access, Robert L. Tsai
Faculty Scholarship
This Article proposes a speech-based right of court access. First, it finds the traditional due process approach to be analytically incoherent and of limited practical value. Second, it contends that history, constitutional structure, and theory all support conceiving of the right of access as the modern analogue to the right to petition government for redress. Third, the Article explores the ways in which the civil rights plaintiff's lawsuit tracks the behavior of the traditional dissident. Fourth, by way of a case study, the essay argues that recent restrictions - notably, a congressional limitation on the amount of fees counsel for …
The American 'Legal' Dilemma: Colorblind I/Colorblind Ii--The Rules Have Changed Again: A Semantic Apothegmatic Permutation, John C. Duncan Jr
The American 'Legal' Dilemma: Colorblind I/Colorblind Ii--The Rules Have Changed Again: A Semantic Apothegmatic Permutation, John C. Duncan Jr
Journal Publications
"Our Constitution is colorblind" initially meant that white majority preferences could not and should not be reflected in government action. The maxim now means race should not be reflected at all in government action. The answer to racism lies somewhere between well-reasoned "blind" hope and historically-proven skepticism. Part I of this Article discusses the ideal of the colorblind society; Part II discusses what this Article deems as Colorblind I. Part III places each colorblind argument in perspective, and seeks to illustrate that the concept of colorblindness could be an ideal, but has rather become meaningless rhetoric in an endless racial …
53 Years In The Struggle For Equal Rights: An African-American Jurist's Life In The Law (Equal Justice Under The Law: An Autobiography By Constance Baker Motley), Lancelot B. Hewitt
53 Years In The Struggle For Equal Rights: An African-American Jurist's Life In The Law (Equal Justice Under The Law: An Autobiography By Constance Baker Motley), Lancelot B. Hewitt
Touro Law Review
No abstract provided.
Subtracting Sexism From The Classroom: Law And Policy In The Debate Over All-Female Math And Science Classes In Public Schools, Carolyn B. Ramsey
Subtracting Sexism From The Classroom: Law And Policy In The Debate Over All-Female Math And Science Classes In Public Schools, Carolyn B. Ramsey
Publications
No abstract provided.
Race, Redistricting And A Republican Poll Tax: The Supreme Court's Voting Rights Decisions Of The 1995-96 Term, Frank Parker
Race, Redistricting And A Republican Poll Tax: The Supreme Court's Voting Rights Decisions Of The 1995-96 Term, Frank Parker
Touro Law Review
No abstract provided.
Shaw V. Reno: On The Borderline, Emily Calhoun
Affirmative Action, Douglas Scherer, John Dunne
Affirmative Action, Douglas Scherer, John Dunne
Touro Law Review
No abstract provided.
Ncaa V. Tarkanian: The State Action Doctrine Faces A Half-Court Press, Jose R. Riguera
Ncaa V. Tarkanian: The State Action Doctrine Faces A Half-Court Press, Jose R. Riguera
University of Miami Law Review
No abstract provided.
Prisoner Property Deprivations: Section 1983 And The Fourteenth Amendment, Steven H. Hazelrigg
Prisoner Property Deprivations: Section 1983 And The Fourteenth Amendment, Steven H. Hazelrigg
Indiana Law Journal
No abstract provided.
Human Rights In The United States: Two Decades' Development, David S. Bogen
Human Rights In The United States: Two Decades' Development, David S. Bogen
Faculty Scholarship
No abstract provided.
Sex Discrimination In Employment Under Title Vii Of The Civil Rights Act Of 1964, Anthony R. Mansfield
Sex Discrimination In Employment Under Title Vii Of The Civil Rights Act Of 1964, Anthony R. Mansfield
Vanderbilt Law Review
On July 2, 1964, President Johnson signed into law the Civil Rights Act of 1964,' the most far-reaching civil rights legislation in history.Much has been written about the act, but almost without exception the writers have been concerned with the ban of discrimination in employment on the basis of race or color. But the most radical and troublesome characteristic of Title VII of the Civil Rights Act is its outlawing of employment discrimination based on sex. It is the purpose of this note to examine this largely ignored aspect of the act. The inquiry will first examine the regulation of …
Western Union Telegram To Mr. Virgil D. Hawkins, Registrar
Western Union Telegram To Mr. Virgil D. Hawkins, Registrar
Documents
During his struggle to gain entry to the University of Florida College of Law, Mr. Hawkins never applied to Florida A & M for law school. Nevertheless, he was notified, by telegram, that his "application for admission" was approved and he was given instructions to register for classes for the fall semester, 1951.