Open Access. Powered by Scholars. Published by Universities.®

Civil Rights and Discrimination Commons

Open Access. Powered by Scholars. Published by Universities.®

14,834 Full-Text Articles 9,386 Authors 10,987,172 Downloads 255 Institutions

All Articles in Civil Rights and Discrimination

Faceted Search

14,834 full-text articles. Page 1 of 415.

James Oakes's Treatment Of The First Confiscation Act In Freedom National: The Destruction Of Slavery In The United States, 1861-1865, Angi Porter 2023 American University Washington College of Law

James Oakes's Treatment Of The First Confiscation Act In Freedom National: The Destruction Of Slavery In The United States, 1861-1865, Angi Porter

Articles in Law Reviews & Other Academic Journals

In his work, Freedom National: The Destruction of Slavery in the United States, 1861-1865, James Oakes provides an overview of several Civil War era legal instruments regarding enslavement in the United States. One of the statutes he examines is An Act to Confiscate Property Used for Insurrectionary Purposes, passed by the Thirty Seventh Congress in August, 1861. This law, popularly known as the First Confiscation Act (FCA), is one of the several "Confiscation Acts" that contributed to the weakening of legal enslavement during the War. Fortunately, scholars have contextualized and deemphasized President Lincoln's role as the "Great Emancipator" by examining …


The New Intersectional And Anti-Racist Lbgtqia + Politics: Some Thoughts On The Path Ahead, Mark Spindelman 2023 The University of Akron

The New Intersectional And Anti-Racist Lbgtqia + Politics: Some Thoughts On The Path Ahead, Mark Spindelman

ConLawNOW

This article examines the changes to LGBTQIA+ consciousness and the politics they are producing. One result of these consciousness shifts is the increasing number of LGBTQIA+-identified people and organizations reconstituting themselves, their identities, and their politics around pro-Black, anti-racist positions, and doing so as foundational elements of their LGBTQIA+ liberation work. At the same time as these developments are unfolding, however, they are on a collision course with emergent social conservative positions and obstacles. These obstacles include developments at a Supreme Court that is increasingly deciding based on constitutional originalism. This article begins to show how the Court’s conservative originalism …


Sacred Spheres: Religious Autonomy As An International Human Right, Diana V. Thomson, Kayla A. Toney 2023 The Catholic University of America, Columbus School of Law

Sacred Spheres: Religious Autonomy As An International Human Right, Diana V. Thomson, Kayla A. Toney

Catholic University Law Review

How should courts resolve thorny human rights disputes that arise within religious groups? According to an emerging international consensus, they shouldn’t. When a case involves sensitive internal decisions by a religious organization, such as choosing who is qualified to teach the faith, courts are increasingly taking a hands-off approach. This global consensus has formed across international treaties, tribunals, and domestic courts in European and American nations. Every major human rights instrument and many international and domestic courts recognize that religious freedom must extend to religious communities, especially houses of worship and schools where believers gather to practice their faith and …


Toward Justice Epidemiology: Outlining An Approach For Person-Centred Access To Justice, Andrew Pillar 2023 Thompson Rivers University

Toward Justice Epidemiology: Outlining An Approach For Person-Centred Access To Justice, Andrew Pillar

Dalhousie Law Journal

The COVID-19 pandemic has brought widespread public attention to the fields of epidemiology and public health. These fields share a common commitment to the systematic study of disease across populations, with goals of better understanding, preventing, and treating adverse health events. They are empirical, evidence-based, and person-centred. This paper draws on the histories, norms, and methodologies of public health and epidemiology to construct a novel field of study: justice epidemiology. In recent years, a growing body of unmet legal needs research in Canada and elsewhere has demonstrated that justiciable events are likely ubiquitous, but also that these events tend to …


Abortion In America After Roe: An Examination Of The Impact Of Dobbs V. Jackson Women’S Health Organization On Women’S Reproductive Health Access, Natalie Maria Caffrey 2023 Trinity College

Abortion In America After Roe: An Examination Of The Impact Of Dobbs V. Jackson Women’S Health Organization On Women’S Reproductive Health Access, Natalie Maria Caffrey

Senior Theses and Projects

This thesis will examine the limitations in access to abortion and other necessary reproductive healthcare in states that are hostile to abortion rights, as well as discuss the ongoing litigation within those states between pro-choice and pro-life advocates. After analyzing the legal landscape and the different abortion laws within these states, this thesis will focus on the practical consequences of Dobbs on women’s lives, with particular attention to its impact on women of color and poor women in states with the most restrictive laws. The effect of these restrictive laws on poor women will be felt disproportionately due to their …


The Departure From The Original Intent Of The 14th Amendment, Johnny B. Davis 2023 Liberty University

The Departure From The Original Intent Of The 14th Amendment, Johnny B. Davis

Helm's School of Government Conference

No abstract provided.


Christian Influence On Roman Natural Law In The Corpus Juris Civilis, Bryce Tenberg 2023 Liberty University

Christian Influence On Roman Natural Law In The Corpus Juris Civilis, Bryce Tenberg

Helm's School of Government Conference

Few civilizations have influenced the contemporary world more than the Romans, and the same can be said regarding the field of law. Today, legal foundations throughout the West are built upon the Roman legal system, with the Code of Justinian—also known as the Corpus Juris Civilis—being arguably the most influential. This work compiled and simplified centuries of Roman law to ensure a more efficient jurisprudence, and due to its survival, it would form the foundation of the modern jurisprudence. However, at the same time this work was written, the empire had changed significantly with the adoption of Christianity. This …


Camera-Enforced Streets: Creating An Anti-Racist System Of Traffic Enforcement, Katie O'Brien 2023 St. John's University School of Law

Camera-Enforced Streets: Creating An Anti-Racist System Of Traffic Enforcement, Katie O'Brien

Journal of Civil Rights and Economic Development

(Excerpt)

On July 10, 2015, Sandra Bland was pulled over while driving in Prairie View, Texas, for failure to signal a lane change after moving to allow a trooper’s vehicle to pass her car. As the stop progressed, the trooper ordered Bland to get out of her car. When she refused, the trooper threatened to “yank [Bland] out” of her car and “light [her] up” with his taser. After Bland left her vehicle, Trooper Encinia handcuffed her, wrestled her to the ground, and kneeled on her. He later falsely claimed that Bland assaulted him. Three days later, police found Bland …


Voting Rights And The Electoral Process: Resolving Representation Issues Due To Felony Disenfranchisement And Prison Gerrymandering, Andrew Calabrese, Tim Gordon, Tianyi Lu 2023 Fordham University School of Law

Voting Rights And The Electoral Process: Resolving Representation Issues Due To Felony Disenfranchisement And Prison Gerrymandering, Andrew Calabrese, Tim Gordon, Tianyi Lu

Fordham Law Voting Rights and Democracy Forum

No abstract provided.


Third Parties And The Electoral College: How Ranked Choice Voting Can Stop The Third-Party Disruptor Effect, Hillary Bendert, Jacqueline Hayes, Kevin Ruane 2023 Fordham University School of Law

Third Parties And The Electoral College: How Ranked Choice Voting Can Stop The Third-Party Disruptor Effect, Hillary Bendert, Jacqueline Hayes, Kevin Ruane

Fordham Law Voting Rights and Democracy Forum

No abstract provided.


Presidential Election Disruptions: Balancing The Rule Of Law And Emergency Response, Jason D'Andrea, Sonia Montejano, Matthew Vaughan 2023 Fordham University School of Law

Presidential Election Disruptions: Balancing The Rule Of Law And Emergency Response, Jason D'Andrea, Sonia Montejano, Matthew Vaughan

Fordham Law Voting Rights and Democracy Forum

No abstract provided.


Candidates Of Their Choice? Paradoxical Impact Of The Voting Rights Act In Virginia, Mark E. Rush 2023 Washington and Lee University

Candidates Of Their Choice? Paradoxical Impact Of The Voting Rights Act In Virginia, Mark E. Rush

Fordham Law Voting Rights and Democracy Forum

No abstract provided.


Title I Of The Civil Rights Act In Contemporary Voting Rights Litigation, Helen L. Brewer 2023 Fair Elections Center

Title I Of The Civil Rights Act In Contemporary Voting Rights Litigation, Helen L. Brewer

Fordham Law Voting Rights and Democracy Forum

No abstract provided.


Cultural Humility When Caring For Lgbtqia+ Older Adults: A Resource Guide For Occupational Therapy Practitioners And Students, Michele Ramos, Deb Meyers, Mary Ann Smith 2023 University of St. Augustine for Health Sciences

Cultural Humility When Caring For Lgbtqia+ Older Adults: A Resource Guide For Occupational Therapy Practitioners And Students, Michele Ramos, Deb Meyers, Mary Ann Smith

Spring 2023 Virtual OTD Capstone Symposium

The LGBTQIA+ older adult population has unique needs due to their experience as diverse individuals in a cisgender, heteronormative society. Experiences and effects of discrimination need to be considered when providing care. Occupational therapists have a role in addressing disparities of all marginalized groups, including LGBTQIA+ older adults. Practitioners may utilize cultural humility and trauma-informed practices when treating the LGBTQIA+ population. Existing resources to guide culturally humble occupational therapy care for LGBTQIA+ older adults are insufficient. The purpose of this project was to build on existing cultural humble resources and create a website on the focus of occupational therapy cultural …


The Exacerbating Role Of Technological And Connectivity Challenges On Older Detroiters’ Health In A Pandemic, Nicholas Schroeck, Carrie Leach 2023 University of Detroit Mercy School of Law

The Exacerbating Role Of Technological And Connectivity Challenges On Older Detroiters’ Health In A Pandemic, Nicholas Schroeck, Carrie Leach

Seattle Journal of Technology, Environmental & Innovation Law

The COVID-19 pandemic hit communities of color hard. The City of Detroit was particularly vulnerable to COVID-19 due to racial, socioeconomic, and environmental health factors. To analyze the exacerbating role of technology and connectivity challenges on older Detroiters' health in a pandemic, we first examined Detroit’s demographics. This analysis involved looking at the continued evolution of the City's population toward older adults, as well as the impact of COVID-19 and the healthcare services on Detroit’s elder population. Next, we examined Detroit’s internet access challenges, including the presence of digital exclusion among older adults in Detroit, the impact of COVID-19 on …


Conviction On Interpretation, Advocate Adaptability, And The Future Of Emojis And Emoticons As Evidence, Samantha Lyons 2023 Seattle University School of Law

Conviction On Interpretation, Advocate Adaptability, And The Future Of Emojis And Emoticons As Evidence, Samantha Lyons

Seattle Journal of Technology, Environmental & Innovation Law

The dawning of the digital age introduced new and unique interpretive quandaries for judges and litigators alike. These quandaries include (but are not limited to) misinterpretation of pictorial slang as used in instant messaging, new or collateral meanings invented by phrases paired with specific emoticons or emojis, and the existence of emojis alone as communicative accessories.

This Note analyzes how lawyers and judges have essential free reign to treat emojis as they see fit: a prosecutor can argue, even in good faith, that the inclusion of an emoji depicting an open flame means the sender knew the heroin he sold …


A New Right Is The Wrong Tactic: Bring Legal Actions Against States For Internet Shutdowns Instead Of Working Towards A Human Right To The Internet (Part 1), Jay Conrad 2023 Seattle University School of Law

A New Right Is The Wrong Tactic: Bring Legal Actions Against States For Internet Shutdowns Instead Of Working Towards A Human Right To The Internet (Part 1), Jay Conrad

Seattle Journal of Technology, Environmental & Innovation Law

A New Right is the Wrong Tactic: Bring Legal Actions Against States for Internet Shutdowns Instead of Working Towards a Human Right to the Internet (Part 1) is the first of a two-part series dealing with an increasingly prevalent threat to human rights: State-sanctioned Internet shutdowns. Part 1 details the current tactics and impacts of Internet shutdowns and which human rights are most likely to be violated by or during a shutdown. Part 2 will address the deficiencies of advocating for Internet access to be a recognized human right as a means of combatting shutdowns. Despite the popularity of this …


Political Theory, Activism, And Visual Media: The Ideology Of Protest Symbols, Jilly E. Crane-Mauzy Mx. 2023 Whittier College

Political Theory, Activism, And Visual Media: The Ideology Of Protest Symbols, Jilly E. Crane-Mauzy Mx.

Whittier Scholars Program

Art changes culture while policy codifies it. Radical revolutionary movements are often accompanied by equally radical shifts in art and design. I cataloged, compared, and contrasted the semiotic power of three specific symbols and their most significant historical moments in the United States. Through the examination of; Stonewall, The Equality March March Against Death, The Day The World Said No To War, The 1968 Summer Olympics, and The 2020 Black Lives Matter, the shifting of each ideologies symbol from inflammation in the media to recognition showcases the clarifying function along with creating unity and pride in community that is integral …


An Intersectional Examination Of U.S. Civil Justice Problems, Kathryne M. Young, Katie R. Billings 2023 George Washington University Law School

An Intersectional Examination Of U.S. Civil Justice Problems, Kathryne M. Young, Katie R. Billings

Utah Law Review

Millions of Americans face civil justice problems each year, and most of these problems never make it to court, let alone to a legal expert. Although research has established that race and class are associated with a person’s chance of experiencing a civil justice problem, detailed intersectional examinations of everyday people’s justice experiences are largely absent. A more in-depth empirical understanding of the access to justice crisis can equip lawyers, policymakers, and other designers of justice interventions to create higher-impact, more efficient, and bettertargeted programs to meet the justice needs of everyday people.

This Article fills a critical gap in …


Disrupting Venture Capital: Carrots, Sticks, And Artificial Intelligence, Kimberly A. Houser, Kathryn Kisska-Schulze 2023 University of California, Irvine School of Law

Disrupting Venture Capital: Carrots, Sticks, And Artificial Intelligence, Kimberly A. Houser, Kathryn Kisska-Schulze

UC Irvine Law Review

Despite the massive dollars invested each year by Venture Capital (VC) firms, more than two-thirds of the companies they fund will provide zero return. More problematic, less than 3% of VC funds go to female-led startup teams, and less than 1% to racially diverse founders. While many argue that this underrepresentation will work itself out over time, in reality, these numbers have remained stagnant for over 30 years. This is especially perverse given that diverse startups, when funded, appreciably outperform male-only founding teams.

The VC industry operates under an antiquated model of investing in founders with demographics reflecting those of …


Digital Commons powered by bepress