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The Fifth Circuit In Texas V. United States Chose And Advocated The Term “Illegal Alien”, Maritza I. Reyes 2015 Florida A&M University College of Law

The Fifth Circuit In Texas V. United States Chose And Advocated The Term “Illegal Alien”, Maritza I. Reyes

Journal Publications

No abstract provided.


Professional Women Silenced By Men-Made Norms, Maritza I. Reyes 2015 Florida A&M University College of Law

Professional Women Silenced By Men-Made Norms, Maritza I. Reyes

Journal Publications

The call of this symposium was for articles regarding women's rights and the movement toward equality. We are still wrestling with what equality should mean. In this Article, when I refer to equality I envision it as both a strategy and as the end goal. Equality as a strategy means assessing the inherent inequalities of particular situations and using the means necessary to remedy the inequalities and achieve equality as the end goal. The end goal is for women (with all our complexities and intersectionalities) to achieve the same rights and results as men (with all their complexities and intersectionalities) …


Baptizing O'Brien: Towards Intermediate Protection Of Religiously Motivated Expressive Conduct, Daniel J. Hay 2015 Vanderbilt University Law School

Baptizing O'Brien: Towards Intermediate Protection Of Religiously Motivated Expressive Conduct, Daniel J. Hay

Vanderbilt Law Review

Despite the relative prominence of religious expression in society' and its elevated status in constitutional law, the Supreme Court has struggled to articulate a consistent standard of review for neutral, generally applicable laws that indirectly burden religious expression. Since the late nineteenth century, the Court has vacillated between a highly deferential belief-action dichotomy and a more searching (albeit selectively applied) compelling interest test. Currently, the Court embraces a hybrid categorical-rational basis standard that relies in part upon a highly criticized assumption that the political process will be solicitous of minority religious practice. This retreat to rational basis has subordinated religious …


An Awakening: How The Civil Rights Movement Helped Shape My Life, FREDERICK A.O. SCHWARZ, JR. 2015 Chief Counsel at the Brennan Center for Justice at NYU School of Law

An Awakening: How The Civil Rights Movement Helped Shape My Life, Frederick A.O. Schwarz, Jr.

NYLS Law Review

No abstract provided.


Remembering The Freedom Riders: An Interview With The Honorable Ernst H. Rosenberger, ERNST H. ROSENBERGER 2015 Appellate Division, First Judicial Department, Supreme Court of the State of New York (retired)

Remembering The Freedom Riders: An Interview With The Honorable Ernst H. Rosenberger, Ernst H. Rosenberger

NYLS Law Review

No abstract provided.


A State Of Action, ALAN GARTNER, CHRISTOPHER FERREIRA 2015 New York Law School, 2015

A State Of Action, Alan Gartner, Christopher Ferreira

NYLS Law Review

No abstract provided.


When Democracy Worked: Reflections On The Passage Of The Civil Rights Act Of 1964, JOHN G. STEWART 2015 Senior fellow of the National Academy of Public Administration and recipient of the National Public Service Award from the National Academy and the American Society for Public Administration

When Democracy Worked: Reflections On The Passage Of The Civil Rights Act Of 1964, John G. Stewart

NYLS Law Review

No abstract provided.


Between The Acts: Federal Court Abstention In The 1940s And ’50s, ANN WOOLHANDLER 2015 William Minor Lile Professor of Law at the University of Virginia School of Law

Between The Acts: Federal Court Abstention In The 1940s And ’50s, Ann Woolhandler

NYLS Law Review

No abstract provided.


Gender Equity In The 21st Century: Keynote Address, Chai Feldblum 2015 University of Richmond

Gender Equity In The 21st Century: Keynote Address, Chai Feldblum

Richmond Journal of Law and the Public Interest

You have heard a lot this morning about the need in 1964 for Congress to enact prohibitions against discrimination on the basis of race, national origin and religion. I am going to use my time, therefore, to talk about gender equity: the addition of the sex discrimination prohibition in Title VII, the advances that have occurred since passage of that law, and the miles that we still have to go to achieve full gender equity.


To End Divisions: Reflections On The Civil Rights Act Of 1964, Dr. Julian Maxwell Hayter 2015 University of Richmond

To End Divisions: Reflections On The Civil Rights Act Of 1964, Dr. Julian Maxwell Hayter

Richmond Journal of Law and the Public Interest

By focusing on a number of the CRA's key titles - without belittling the act's importance to Latinos, women, et al.- this commentary illustrates how the act moved beyond eliminating segregation; it addresses how the racial climate of the early 1960s shaped public policy. Broadly, the Civil Rights Act of 1964 sought to change the balance of racial (and genderbased) power in the America by using federal law to finally protect African Americans' right to live equal lives. After 1964, for the first time since Reconstruction, race was national policy agenda. This agenda and the Civil Rights Act of 1964 …


Table Of Contents, 2015 Marquette University Law School

Table Of Contents

Marquette Benefits and Social Welfare Law Review

No abstract provided.


Registering Offense: The Prohibition Of Slurs As Trademarks, Christine Haight Farley 2015 American University Washington College of Law

Registering Offense: The Prohibition Of Slurs As Trademarks, Christine Haight Farley

Contributions to Books

Since 1967, Pro-Football has registered six marks that include the term “redskins,” a derogatory racial epithet that refers to Native Americans. The use of disparaging marks dates back to the 19th century when brands commercialized racial stereotypes, such as Aunt Jemima. Today, offensive marks, including those that ridicule race, ethnicity, gender and religion are proliferating prompting the question of what role trademark law plays in protecting the interests of diverse communities. Section 2(a) of the Lanham Act prohibits the registration of marks that consist of matter that may disparage or bring into contempt or disrepute any person, institution, or belief. …


Lsac Data Reveals That Black/White Multiracials Outscore All Blacks On Lsat By Wide Margins, Kevin D. Brown 2015 Indiana University Maurer School of Law

Lsac Data Reveals That Black/White Multiracials Outscore All Blacks On Lsat By Wide Margins, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.


Regulating Drones Under The First And Fourth Amendments, Marc Blitz, James Grimsley, Stephen E. Henderson, Joseph Thai 2015 Oklahoma City University

Regulating Drones Under The First And Fourth Amendments, Marc Blitz, James Grimsley, Stephen E. Henderson, Joseph Thai

Faculty Articles

The FAA Modernization and Reform Act of 2012 requires the Federal Aviation Administration to integrate unmanned aerial vehicles (UAVs), or drones, into the national airspace system by September of this year. Yet perhaps because of their chilling accuracy in targeted killings abroad, perhaps because of an increasing consciousness of diminishing privacy more generally, and perhaps simply because of a fear of the unknown, divergent UAV-restrictive legislation has been proposed in Congress and enacted in a number of states. Ultimately, given UAV utility and cost effectiveness over a vast range of tasks, widespread commercial use seems certain. So it is imperative …


Welcome To The Village: An Analysis Of How St. Louis County Occupancy Permit Schemes Perpetuate Segregation And Violate The Constitution, Zachary Schmook, Lauren Verseman 2015 University of Oklahoma College of Law

Welcome To The Village: An Analysis Of How St. Louis County Occupancy Permit Schemes Perpetuate Segregation And Violate The Constitution, Zachary Schmook, Lauren Verseman

Faculty Articles

In the wake of the shooting of Michael Brown in August 2014 and the events that followed in Ferguson, national attention turned to the several ways St. Louis County’s balkanized municipal governments create policies and conditions that target poor residents and perpetuate racial segregation in the region. One such set of municipal policies involves occupancy permits: many municipalities in St. Louis County require both tenants and owners of residential properties to obtain new occupancy permits upon each change in the individuals occupying the residence. Even as the State of Missouri takes action to address some of the abuses by limiting …


Will Neuroscience Redefine Mental Injury?: Disability Benefit Law, Mental Health Parity Law, And Disability Discrimination Law, Stacey A. Tovino 2015 University of Oklahoma College of Law

Will Neuroscience Redefine Mental Injury?: Disability Benefit Law, Mental Health Parity Law, And Disability Discrimination Law, Stacey A. Tovino

Faculty Articles

No abstract provided.


Lane V. Franks: The Supreme Court Clarifies Public Employees’ Free Speech Rights, Thomas A. Schweitzer 2015 Touro Law Center

Lane V. Franks: The Supreme Court Clarifies Public Employees’ Free Speech Rights, Thomas A. Schweitzer

Touro Law Review

No abstract provided.


The Racial Evolution Of Justice Kennedy And Its Implications For Law, Theory, And The End Of The Second Reconstruction, Luis Fuentes-Rohwer 2015 Indiana University Maurer School of Law

The Racial Evolution Of Justice Kennedy And Its Implications For Law, Theory, And The End Of The Second Reconstruction, Luis Fuentes-Rohwer

Articles by Maurer Faculty

This Article examines the recent turn in Justice Kennedy's race jurisprudence. The shift is palpable, from a narrow and uncompromising approach to the use of race by state actors to a more nuanced and contextual understanding of the role that race plays in American society. This is no small change, best explained by Justice Kennedy 's status on the Court as a "super median. " This is a position of power and influence, as any majority coalition must count on Justice Kennedy's vote; but more importantly, it is also a position of true independence. Justice Kennedy entertains his idiosyncratic and …


Ties That Bind? The Questionable Consent Justification For Hosanna-Tabor, Jessie Hill 2015 Northwestern Pritzker School of Law

Ties That Bind? The Questionable Consent Justification For Hosanna-Tabor, Jessie Hill

Northwestern University Law Review

Arguments in favor of religious sovereignty often emphasize the benefits of autonomy for religious institutions while ignoring the civil rights of individuals who belong to or work for those institutions. To justify intrusions on individual civil rights, proponents of strong religious autonomy generally rely on the concept of implied consent. According to this rationale, individuals willingly give up the protection of civil rights laws when they voluntarily join religious organizations. This Essay responds to one scholar’s account of the consent rationale as undergirding the Supreme Court’s recognition of the ministerial exception: Christopher Lund’s excellent article, Free Exercise Reconceived: The Logic …


Protecting Title Vii's Antiretaliation Provision In The Wake Of University Of Texas Southwestern Medical Center V. Nassar, Kimberly A. Pathman 2015 Northwestern Pritzker School of Law

Protecting Title Vii's Antiretaliation Provision In The Wake Of University Of Texas Southwestern Medical Center V. Nassar, Kimberly A. Pathman

Northwestern University Law Review

No abstract provided.


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