Civil Rights and Discrimination Commons^™

Machinists Preemption In The New Administrative Law, Andrew J. Ziaja

Seattle University Law Review

This Article assesses Machinists preemption—a labor-specific form of implied field preemption—while freshly considering implications both for and of new developments in administrative law. The radical transformation of administrative law in the Supreme Court, particularly its newfound emphasis on clear-statement rules, provides opportunities to reconsider the Machinists rationale. Aligning with scholars who have called to question the doctrine’s “ossifying” influence on labor and employment policy, it argues that the modern-day version of Machinists preemption clashes with the Supreme Court’s newly constrained view of delegated power and its differing conceptions of the major questions doctrine.

On the other hand, Machinists preemption might …

Volume 48 Masthead, Seattle University Law Review

Seattle University Law Review

Volume 48 Masthead

Defining Deference: Impacts Of Abandoning Chevron On Emerging Technology Governance And Administrative Law, R. Aubrey Davis Iii

Seattle University Law Review

Emerging technologies, particularly Artificial Intelligence (AI), often lead to unforeseen legal outcomes. Notable abuses in areas such as facial recognition, employment bias, and housing discrimination are well known. However, legislative responses to these issues either have been largely reactive or there has been no legislative response at all. In lieu of legislation, agencies have sought to fill the gap. For example, the Federal Communications Commission (FCC) recently proposed a rule mandating voter notification for all AI-generated political phone calls citing the Telephone Consumer Protection Act (TCPA) of 1991 as authority. However, the TCPA was originally passed to curtail telemarketing, not …

Intellectual Property Or Modern Folklore? The Problem With Open Gaming Licenses In Tabletop Gaming, Rosie Midget

Seattle University Law Review

This Note addresses how courts and legislatures should address “Open Gaming Licenses” commonly attached to tabletop roleplaying games (TTRPGs), which game publishers use to promote a false image of accessibility—misleading consumers and building goodwill from the misunderstanding. Part I discusses what TTRPGs are, including the defining features of the hobby and culture surrounding it, as well as the unique interplay between publishers and players. Part II explores the question of which elements in a TTRPG system may be subject to copyright protection. Part III examines these elements in practice using Wizards of the Coast’s Dungeons and Dragons TTRPG as a …

“Take This Job And Shove It”: How Black Women’S Fight For Economic Rights Informed Their Participation In The Broader Social Movements Of The Twentieth Century, Kyndle Diane Lee

Honors Theses

This thesis examines the vital role of Black women in the American labor movement during the twentieth century, emphasizing how their leadership and union participation were central to both labor organizing and the broader fight for human rights. Black women workers navigated and resisted the effects of racism, sexism, and class exploitation in a century marked by industrial expansion, economic upheaval, and major civil rights struggles. Far from passive participants, they emerged as key organizers, negotiators, and strategists in their communities, labor unions, and national movements. Additionally, their work extended beyond their demands for better wages and safer working conditions. …

Testimony Before The Puerto Rico Advisory Committee To The United States Commission On Civil Rights On The Role That Race And Ethnicity Play In The Treatment Of The People Of Puerto Rico By The Federal Government, Yomaira Figueroa, Carlos Vargas-Ramos

CUNY Centro, The Center for Puerto Rican Studies

The Insular Cases, whether the narrow or more expansive canon, have structured the political relationship between Puerto Rico and the United States for more than a century. The genesis of this “third-way” of understanding and structuring the territorial relationship with the United States rested on the very ethnocentric and indeed racist ideology pervasive at the time in U.S. ruling circles, whereby there was a hierarchy of dominance and control that placed White Anglo Saxon Protestant men at the top and subordinated all other ethnic and racial groups in a gradation of subservience and exclusion.

Eviction Sealing: A Lifeline In The Fight For Housing Justice, Allison Freedman

Faculty Scholarship

In January 2023, the White House released a Blueprint for a Renters Bill of Rights. The Blueprint called for immediate sealing of eviction case filings to reduce the likelihood that tenants would be locked out of future housing opportunities without the chance to defend themselves. Shortly thereafter, the Federal Trade Commission and the Consumer Financial Protection Bureau issued a request for public comment on how the use of eviction records and screening algorithms may affect tenant housing opportunities and drive discriminatory outcomes. The eviction crisis, its discriminatory effects, and the idea that sealing eviction records may provide a solution to …

Big Banks: Go Small!, Rashmi Dyal-Chand

Connecticut Law Review

Despite the promise of the Fair Housing Act and other civil rights laws, racial gaps in wealth, homeownership, and mortgage lending persist today. Our nation’s biggest banks deny mortgage loan applications to Black and Brown consumers at a rate higher than the rest of the industry, often claiming that lending to historically marginalized consumers is too risky. Instead, these lending institutions focus on providing highly profitable financial services to wealthy consumers.

Banking institutions, especially our nation’s biggest banks, have both a moral and economic obligation to serve all members of the public who need and desire financial services. It is …

Legal And Policy Responses To Sexual Harassment In Housing, Rigel C. Oliveri

Connecticut Law Review

The sexual harassment of low-income women by their housing providers is a clear national problem that has only recently become the focus of coordinated nationwide enforcement efforts by federal agencies, including the Department of Justice. While these developments are welcome, the problem requires proactive responses as well. This Essay examines data from a study of all of DOJ’s sexual harassment in housing cases and uses this information to identify the most problematic types of housing providers and the most common forms of harassment. Specifically, harassment appears to occur most frequently in private rental housing and is perpetuated by managers (usually …

Eliminating Extratextual Exemptions From The Fair Housing Act, Stacy E. Seicshnaydre

Connecticut Law Review

The Supreme Court has held that the language of the Fair Housing Act (“FHA”) is “broad and inclusive,” and the Court has given it a broad construction. Correspondingly, the traditional interpretive canons suggest that courts must construe exceptions narrowly. However, some courts have restricted coverage under the FHA by broadly reading an exception or by inferring an exception. The Essay provides several illustrations of this practice and argues against inferred statutory exemptions to the FHA, at least for courts that otherwise adopt a strict textualist approach to statutory construction.

Initiating Remedies For Our Unconstitutional And Unlawful Residential Segregation, Richard Rothstein

Connecticut Law Review

In 1866, Congress passed a Civil Rights Act outlawing burdens on freed slaves not also imposed on free whites, reasoning that racial discrimination—both public and private—undermined effective emancipation. However, subsequent Supreme Court jurisprudence did not honor or uphold this law and its progeny. Had it done so, the hard-fought promise of equality would not have been broken, the America we know today would not be so racially segregated, and the “badges and incidents” of slavery could have been timely eliminated.

The racial segregation of America’s neighborhoods is not, as was long thought, merely the result of private activities such as …

The Different Rhetoric Between Upholding And Overriding Disability Rights Inside The United States Supreme Court, Shane Egan

Political Science Undergraduate Honors Theses

This paper seeks to explain the rhetoric the U.S. Supreme Court uses when deciding disability cases, specifically when the Court upholds or overrides disability rights. The paper attempts to show how when the Court upholds disabled rights they use passive and weak rhetoric, and utilizes active and enforcing rhetoric when overriding disability rights. This paper analyzes this rhetoric inside education, healthcare, and employment cases heard by the Supreme Court.

Trading Diversity? Judicial Diversity And Case Outcomes In Federal Courts, Ryan W. Copus, Ryan Hübert, Paige Pellaton

Faculty Works

Are federal lawsuits resolved differently based on the race or gender of the judges assigned to hear them? Recent empirical research posits that women and judges of color decide cases more liberally, at least in some identity-salient areas of law. However, these studies analyze small numbers of cases and judges, and use research designs that limit their causal interpretations. Using an original dataset of all civil rights cases filed in 20 federal district courts over multiple decades and a strong causal identification strategy, we find that assignment of cases to judges of color or women has no statistically significant effect …

The Conversation Continues: The Judiciary’S Evolving Role In Perpetuating Racial Disparities In Addiction Treatment, Sydney Crute

Fordham Law Review

Language is a powerful means of social control, an idea that resonates deeply with court rhetoric as it relates to race. This Note examines the language courts use when discussing cases related to drug use and addiction. During the crack epidemic, when Black individuals represented the race of the primary drug user and drug dealer, courts relied on racially coded language related to crime and fear. Alternatively, during the opioid epidemic, when White individuals represented the race of the primary drug user, courts relied on more neutral language related to the health and well-being of society. Finally, the language courts …

Adopting An International Human Rights Approach In The U.S. To Combat Sizeism And Related Racism And Sexism In Healthcare, Public Health Efforts, And Food Advertising Policy, Kristina Bergman, Denisse Cordova Montes

Journal of Food Law & Policy

Evidence of size stigma in U.S. food and health industries is overwhelming. Many policies affecting consumer and patient health and care look to patient Body Mass Index (BMI), a ratio of patient weight to height that anthropologists describe has roots in eugenics, scientific racism, and sexism, and that even the American Medical Association describes as being used for racist exclusion and not encompassing of sex-based differences. Many healthcare policies, public health messages, and food advertising strategies boast goals of reducing BMI in hopes of improving health status, but, in addition to having abhorrent origins, BMI has been shown to be …

Development And Practice Of Tribal Community Planning: Ensuring Indigeneity In The Planning Process, Jared E. Munster, Ph.D.

American Indian Law Journal

No abstract provided.

The Onondaga Nation's Land Claim: Rights Without A Remedy?, Larissa Speak

American Indian Law Journal

No abstract provided.

Case Law On American Indians: September 2023 - August 2024, Thomas P. Schlosser

American Indian Law Journal

No abstract provided.

A Qualitative Study Exploring Senior Leaders’ Experiences And Perceptions In Addressing Workplace Sexual Harassment In The U.S. Federal Government: A Systems Perspective, Karen Jane Dean

Electronic Theses and Dissertations

Sexual harassment (SH) is a prevalent, costly, and often unreported problem in the U.S. Federal Government. Despite decades of research from multiple perspectives and recommendations to address SH, the problem persists and remains complex. While some researchers and U.S. Government agencies have called upon leaders to commit to eliminating workplace SH, others have suggested using an integrated conflict management system (ICMS) to manage the complexity, nuances, and conflicts. Even though there is a call for leadership to address SH, there is limited documentation in the literature about leaders’ experiences and perceptions in addressing the problem. Therefore, this qualitative study was …

A New Parlor Is Open: Microfeminisms Are Needed In Law School To Combat Gender Bias, Stephanie J. Thompson

Faculty Scholarship

A recent viral trend on TikTok has spotlighted women attorneys who are leveraging microfeminisms to uplift other women and challenge entrenched gender norms within the workplace. The hashtag #microfeminism has garnered over a billion views, underscoring a growing interest in this nuanced form of advocacy. Microfeminism encompasses the subtle, everyday actions individuals—regardless of gender—take to promote gender equity and disrupt traditional expectations, both personally and professionally. In contrast to broader feminist movements that often seek systemic reform, microfeminism focuses on the interpersonal and individual level, recognizing the transformative potential of seemingly small gestures. This Article aims to initiate a critical …