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

Civil Rights and Discrimination Commons

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

13,740 Full-Text Articles 8,549 Authors 5,373,212 Downloads 238 Institutions

All Articles in Civil Rights and Discrimination

Faceted Search

13,740 full-text articles. Page 1 of 354.

Trade War, Ppe, And Race, Ernesto A. Hernandez-Lopez 2021 Chapman Univ. School of Law

Trade War, Ppe, And Race, Ernesto A. Hernandez-Lopez

Northwestern Journal of Law & Social Policy

Tariffs on Personal Protective Equipment (PPE), such as face masks and gloves, weaken the American response to COVID. The United States has exacerbated PPE shortages with Section 301 tariffs on these goods, part of a trade war with China. This has a disparate impact felt by minority communities because of a series of health inequity harms. COVID’s racial disparity appears in virus exposure, virus susceptibility, and COVID treatments. This Article makes legal, policy, and race-and-health arguments. Congress has delegated to the United States Trade Representative expansive authority to increase tariffs. This has made PPE supplies casualties of the trade ...


Pandemic Emotions: The Good, The Bad, And The Unconscious —Implications For Public Health, Financial Economics, Law, And Leadership, Peter H. Huang 2021 University of Colorado at Boulder

Pandemic Emotions: The Good, The Bad, And The Unconscious —Implications For Public Health, Financial Economics, Law, And Leadership, Peter H. Huang

Northwestern Journal of Law & Social Policy

Pandemics lead to emotions that can be good, bad, and unconscious. This Article offers an interdisciplinary analysis of how emotions during pandemics affect people’s responses to pandemics, public health, financial economics, law, and leadership. Pandemics are heart-breaking health crises. Crises produce emotions that impact decision-making. This Article analyzes how fear and anger over COVID-19 fueled anti-Asian and anti-Asian American hatred and racism. COVID-19 caused massive tragic economic, emotional, mental, physical, and psychological suffering. These difficulties are interconnected and lead to vicious cycles. Fear distorts people’s decision readiness, deliberation, information acquisition, risk perception, and thinking. Distortions affect people’s ...


Attacks On The Asian Community: When Can Prosecutors Seek Hate Crime Enhancements?, Golden Gate University School of Law 2021 Golden Gate University School of Law

Attacks On The Asian Community: When Can Prosecutors Seek Hate Crime Enhancements?, Golden Gate University School Of Law

GGU Law Review Blog

At the start of 2021, images of violent attacks on Asian individuals all across the nation began flooding social media timelines. Large protests shortly followed these attacks in support of the Asian Community to “Stop Asian Hate.” Since then, reports and images of such attacks have only become more and more common, with the Atlanta Spa Shootings at the forefront of the conversation. As a result, much of the public and the media have been referring to these attacks as “hate crimes.” Yet, prosecutors are not seeking hate-crime enhancements in many of these cases. Several high-profile cases demonstrate the evidentiary ...


The Expansive Scope Of The Ministerial Exception After Our Lady Of Guadalupe School V. Morrissey-Berru, Allison R. Ferraris 2021 Boston College Law School

The Expansive Scope Of The Ministerial Exception After Our Lady Of Guadalupe School V. Morrissey-Berru, Allison R. Ferraris

Boston College Law Review

On July 8th, 2020, the United States Supreme Court held in Our Lady of Guadalupe School v. Morrissey-Berru that two parochial school teachers, Kristen Biel and Agnes-Morrissey-Berru, were ministers for purposes of the First Amendment’s ministerial exception. This meant that the First Amendment barred their respective employment discrimination actions notwithstanding the merit of their claims. When the Court first recognized the ministerial exception in 2012, in Hosanna-Tabor Evangelical Lutheran Church & School v. Equal Employment Opportunity Commission, it determined that an employee qualified as a minister through a multi-factor, totality of the circumstances analysis. Yet, in reaching its conclusion in ...


Days Of Decision: San Francisco’S 1960 House Un-American Activities Committee Protest As A Turning Point Of The New Left, Sophie Carter 2021 University of Washington

Days Of Decision: San Francisco’S 1960 House Un-American Activities Committee Protest As A Turning Point Of The New Left, Sophie Carter

Phi Alpha Theta Pacific Northwest Regional Conference

After the degradation of union power throughout the McCarthy era, a new politics took hold among young Americans, and its academic roots and appeal to young leftists established the university as the new institutional mediator for left-wing radicalism in the 1960s, allowing college students to promote antiwar, civil rights, and civil liberties campaigns both on and off campus. Years before the major events that are tied to the New Left in American collective memory, however, Bay Area college students’ protests against the House Un-American Activities Commission garnered national media attention for their perceived radicalism in the face of the federal ...


مدى خضوع غير المسلمين لولاية القضاء الإسلامي - د. أحمد محمد مليجي, 2021 United Arab Emirates University

مدى خضوع غير المسلمين لولاية القضاء الإسلامي - د. أحمد محمد مليجي

Journal Sharia and Law

No abstract provided.


د. أحمد محمد مليجي- تصدي محكمة النقض للفصل في موضوع الدعوى المدنية دراسة مقارنة, 2021 United Arab Emirates University

د. أحمد محمد مليجي- تصدي محكمة النقض للفصل في موضوع الدعوى المدنية دراسة مقارنة

Journal Sharia and Law

ثمة تساؤلات تثور في هذا الصدد ، هل يتلاءم نظام التصدي للموضوع مع وظيفة محكمة النقض في هذه الدول باعتبارها محكمة قانون؟، أم أن حالات التصدي للموضوع تمثل خروجاً على وظيفة محكمة النقض، ومن ثم لا يتلاءم هذا النظام مع وظيفتها؟، وماهي فائة هذا النظام؟، وهل ينبغي إبقائه والمحافظة عليه في مصر وفي دولة الإمارات العربية المتحدة أم ينبغي أبقائه والمحافظة عليه في مصر وفي دولة الإمارات العربية المتحدة أم ينبغي عدم الأخذ به وتحريمه كما فعل المشرع الفرنسي؟ وهل هناك ثغرات في تنظيم المشرع في دولة الإمارات العربية المتحدة تلصدي المحكطمة الاتحادية العليا لموضوع الدعوي؟

وللاجابة على هذه التساؤلات ، فقد ...


Seize The Day: Renewed Hope For The Permissibility Of In Rem Counterclaims Against The United States Government After The Fifth Circuit's Substituted Opinion In $4,480,466.16?, Evan Gildenblatt 2021 University of Cincinnati College of Law

Seize The Day: Renewed Hope For The Permissibility Of In Rem Counterclaims Against The United States Government After The Fifth Circuit's Substituted Opinion In $4,480,466.16?, Evan Gildenblatt

University of Cincinnati Law Review

No abstract provided.


Referment In The Private International Law The Standing Point Of The Legislator In The Uae And Other Arab Countries, 2021 United Arab Emirates University

Referment In The Private International Law The Standing Point Of The Legislator In The Uae And Other Arab Countries

Journal Sharia and Law

The study tack les the problem of referment in the Private Inte­rnational Law. In his study, the writer dealt with the point of view of the UAE legislator as a consideration to his efforts in adopting or pursuing a new dimension in the treatment of civil law (article 25) and in particular the case of referment.

The significance of the study lies in the fact that it illustrates the opinion of the UAE legislator in the procedures of referment in comparison to other Arab legislators that repudiated the treatment of referment.

The principal condition of the study is built ...


Defendants, And The Phenomenon Of Slackness In Litigation-المدعى عليه وظاهرة البطء في التقاضي, prof. Dr. Ahmed Sedky Mahmoud 2021 Professor of Civil Procedure Law - Faculty of Law - Tanta University

Defendants, And The Phenomenon Of Slackness In Litigation-المدعى عليه وظاهرة البطء في التقاضي, Prof. Dr. Ahmed Sedky Mahmoud

Journal Sharia and Law

This research tackles a common phenomenon, slackness in litigation, focusing on one of its generators “the defendant” and his role in stirring it up.

The researcher casts the most important forms of defendant's misuse of his right of defense before the first degree law-court, from the moment of informing him of the initiatory summon until the issue of sentence on it, offering the Egyptian legislator a number of suggestions, hoping that by applying them this phenomenon can be eliminated from this source 'the defendant" .

He also tackles the defendant's misuse of his right of being informed of the ...


Symposium: Examining Black Citizenship From Reconstruction To Black Lives Matter: Falling Short Of The Promise Of The Thirteenth Amendment: Time For Change, Michael A. Lawrence 2021 The University of Akron

Symposium: Examining Black Citizenship From Reconstruction To Black Lives Matter: Falling Short Of The Promise Of The Thirteenth Amendment: Time For Change, Michael A. Lawrence

ConLawNOW

This Essay seeks to shine additional light on the potential of the underutilized Thirteenth Amendment (as contrasted to the much-litigated Fourteenth Amendment Equal Protection Clause) for advancing racial justice and equity. The Essay suggests the Thirteenth Amendment provides strong constitutional basis for an unapologetic embrace of the sorts of new, race-conscious measures that will be necessary to begin to achieve true racial equity in a country that for centuries has erected massive structural barriers to Black opportunity and advancement


Good Intention Concept In The Nationality Federal Law Of The United Arab Emirates A Foundational Study, 2021 United Arab Emirates University

Good Intention Concept In The Nationality Federal Law Of The United Arab Emirates A Foundational Study

Journal Sharia and Law

Language in the field of nationality. It is one's commitment to the legal behavior, which requires one to be truthful, honest and straightforward in dealing with others. It also requires the absence of any intention to forge, or to cheat or to harm the others. It is an idea that has a subjective content.

The research examines the idea of "good faith" in the field of nationality in the light of the settled general rules of comparative law, and the extent to which it is possible to consider some of the texts of the UAE nationality law as applications ...


Hegemonic Marriage: The Collision Of 'Transformative' Same-Sex Marriage With Reactionary Tax Law, Anthony C. Infanti 2021 University of Pittsburgh School of Law

Hegemonic Marriage: The Collision Of 'Transformative' Same-Sex Marriage With Reactionary Tax Law, Anthony C. Infanti

Articles

Before there was a culture war in the United States over same-sex marriage, there was a battle between opponents and proponents of same-sex marriage within the LGBTQ+ community. Some within the LGBTQ+ community opposed same-sex marriage because of the long patriarchal history of marriage and the more consequential need to bridge the economic and privilege gap between the married and the unmarried. On the other hand, LGBTQ+ proponents of same-sex marriage saw marriage as a civil rights issue because of the central importance of marriage in American society. They sensed a profound wrong in the denial of the benefits of ...


Tenth Circuit Ruled In Favor Of Sex-Plus-Age Claims Of Discrimination Under Title Vii In The Wake Of Bostock V. Clayton County, Kayla King 2021 Boston College Law School

Tenth Circuit Ruled In Favor Of Sex-Plus-Age Claims Of Discrimination Under Title Vii In The Wake Of Bostock V. Clayton County, Kayla King

Boston College Law Review

On July 21, 2020, the U.S. Court of Appeals for the Tenth Circuit in Frappied v. Affinity Gaming Black Hawk, LLC held that sex-plus-age discrimination claims are cognizable under Title VII of the Civil Rights Act of 1964. By taking a stance on the viability of sex-plus-age claims, the Tenth Circuit became the first circuit court to weigh in on the debate among the lower courts. Many federal district courts, relying on the availability of the Age Discrimination in Employment Act to address age discrimination claims, have rejected sex-plus-age claims under Title VII. This Comment argues that the Tenth ...


Blood Feud: Matheis And The Fight For Disability Rights, Evelyn L. A. Jackson 2021 Boston College Law School

Blood Feud: Matheis And The Fight For Disability Rights, Evelyn L. A. Jackson

Boston College Law Review

On August 30, 2019, the U.S. Court of Appeals for the Third Circuit in Matheis v. CSL Plasma, Inc. held that plasma donation centers are public accommodations under the Americans with Disabilities Act (ADA). In doing so, the court split from the Fifth Circuit Court of Appeals and joined the Tenth Circuit Court of Appeals in requiring plasma donation centers to reasonably accommodate their donors’ disabilities. This Comment argues that the Third Circuit was correct in holding that plasma donation centers are service establishments under Title III of the ADA as the text and legislative history indicate the statute ...


Covid-19 And The U.S. Federal Government Vs. Undocumented Immigrants: How The U.S. Excludes Undocumented Immigrants From Financial Relief Amid A Global Pandemic, Golden Gate University School of Law 2021 Golden Gate University School of Law

Covid-19 And The U.S. Federal Government Vs. Undocumented Immigrants: How The U.S. Excludes Undocumented Immigrants From Financial Relief Amid A Global Pandemic, Golden Gate University School Of Law

GGU Law Review Blog

As we reached the Coronavirus Pandemic’s first anniversary, Americans continue to face economic troubles. The federal government has approved only three stimulus checks in the last eleven months. Contrary to public belief, these stimulus checks have been made available only to certain U.S. citizens while leaving out U.S. citizens from mixed-status families (a family that includes members with different citizenship or immigration statuses.) Furthermore, although undocumented immigrants make about 11 million of the U.S. population, they have received nothing from the federal government.


The Shifting Sands Of Cost Shifting, Andrew M. Pardieck 2021 Southern Illinois University School of Law

The Shifting Sands Of Cost Shifting, Andrew M. Pardieck

Cleveland State Law Review

The cost-shifting analysis employed by the federal courts in ruling on discovery disputes is flawed. There is tremendous variability in how courts interpret the factors guiding the analysis. There is tremendous variability in the information courts rely on in deciding whether to preclude the discovery or shift its costs. The result is waste for the litigants, courts, and society as a whole. This Article argues that there is a better way: mandate cooperation before cost shifting. The courts should condition proportionality and cost-shifting rulings on cooperation. The cooperation should be substantive: require disclosure of objective information about the disputed discovery ...


State Laws For Due Process Hearings Under The Individuals With Disabilities Education Act Iii: The Pre-Hearing Stage, Andrew M.I. Lee, Perry A. Zirkel 2021 Pepperdine University

State Laws For Due Process Hearings Under The Individuals With Disabilities Education Act Iii: The Pre-Hearing Stage, Andrew M.I. Lee, Perry A. Zirkel

Journal of the National Association of Administrative Law Judiciary

This article is the third in a triad of analyses of state law additions to the basic requirements of the Individuals with Disabilities Education Act (IDEA) for due process hearings (DPHs). The first two articles of this series covered the hearing and post-hearing stages of IDEA DPHs. The purpose of this follow-up analysis is to supplement the earlier articles by canvassing state law provisions specific to the pre-hearing stage. After an introduction and overview of the literature, this article covers IDEA foundational requirements for DPHs, and then summarizes and codes the state law provisions that supplement the federal template. As ...


The Selling Of Lien And The Selling Of Public Share Holding Securities: A Comparative Study Between The Gcc Unified Civil Procedural Laws, National Civil Procedural Laws Of The Countries Of The Gulf Co-Operation Council And The Jordanian Law, Adel Salem AL-Louzi 2021 Abu Dhabi University (ADU)

The Selling Of Lien And The Selling Of Public Share Holding Securities: A Comparative Study Between The Gcc Unified Civil Procedural Laws, National Civil Procedural Laws Of The Countries Of The Gulf Co-Operation Council And The Jordanian Law, Adel Salem Al-Louzi

Journal Sharia and Law

This paper deals with the lien and the selling of the Securities of Public Shareholding Companies. The subject matter of this paper is a comparative study of between the GCC Unified Civil Procedural Laws, National Civil Procedural Laws of the Countries of the Gulf Co-operation Council and the Jordanian Law. This paper is divided in two chapters, chapter one is dealing with the lien of the Securities and chapter two is relating to the selling of the Securities.

This paper concludes that the instruction governing the lien of securities is that of the lien of the debtor’s movables in ...


2nd Annual Women In Law Leadership Lecture: A Fireside Chat With Debra Katz, Esq. 03-03-2021, Roger Williams University School of Law 2021 Roger Williams University

2nd Annual Women In Law Leadership Lecture: A Fireside Chat With Debra Katz, Esq. 03-03-2021, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Digital Commons powered by bepress