Civil Rights and Discrimination Commons^™

Title Vii And Diversity, Kingsley R. Browne

Nevada Law Journal

No abstract provided.

Qualified Immunity For “Private” § 1983 Defendants After Filarsky V. Delia, Andrew W. Weis

Georgia State University Law Review

In 2012, the Supreme Court addressed private party qualified immunity in the case of Filarsky v. Delia. There, the Court found that both the historical and policy bases for immunity under § 1983 supported extending qualified immunity to outside counsel retained by a municipality. The Court noted that full-time government employees can always seek qualified immunity, so not extending it to individuals employed on some other basis would create “significant line-drawing problems . . . [which could] deprive state actors of the ability to ‘reasonably anticipate when their conduct may give rise to liability . . . .’”

This …

The Need For Effective Federal Outreach And Mechanisms To Coordinate And Support Federal, State And Local Implementation Of The Convention, Human Rights Institute, International Association Of Official Human Rights Agencies (Iaohra)

Human Rights Institute

As this Committee has consistently recognized, compliance with the CERD requires effective coordination between federal, state, and local governments. In ratifying the CERD, the United States indicated that state and local governments share authority to implement the treaty. This includes the over 150 state and local civil and human rights agencies that enforce federal, state and local human and civil rights laws and/or conduct research, training and education, and issue policy recommendations within the United States (“Human Rights Agencies”). It also encompasses the full array of state and local officials with decision-making and enforcement authority, including governors, state attorneys general, …

The Trouble With Torgerson: The Latest Effort To Summarily Adjudicate Employment Discrimination Cases, Theresa M. Beiner

Nevada Law Journal

No abstract provided.

How The Nlrb's Light Still Shines On Anti-Discrimination Law Fifty Years After Title Vii, Michael Z. Green

Nevada Law Journal

No abstract provided.

Defying "Common Sense?": The Legitimacy Of Applying Title Vii To Employer Criminal Records Policies, Tammy R. Pettinato

Nevada Law Journal

No abstract provided.

Title Ix And Baseball: How The Contact Sports Exemption Denies Women Equal Opportunity To America's Pastime, Brittany K. Puzey

Nevada Law Journal

No abstract provided.

Changing The Wind: Notes Toward A Demosprudence Of Law And Social Movements, Lani Guinier, Gerald Torres

Cornell Law Faculty Publications

This essay was influenced by a class on Law and Social Movements that Professors Guinier and Torres taught at the Yale Law School in 2011. This essay was also informed by numerous conversations with Bruce Ackerman regarding his book that is under review in this Symposium. While we are in fundamental agreement with Professor Ackerman’s project, as well as the claims he makes as to the new constitutional canon, we supplement his analysis with the overlooked impact of the lawmaking potential of social movements. In particular, we focus on those social movements that were critical to the legal changes that …

Windsor Beyond Marriage: Due Process, Equality & Undocumented Immigration, Anthony O'Rourke

Journal Articles

The Supreme Court’s recent decision in United States v. Windsor, invalidating part of the federal Defense of Marriage Act, presents a significant interpretive challenge. Early commentators have criticized the majority opinion’s lack of analytical rigor, and expressed doubt that Windsor can serve as a meaningful precedent with respect to constitutional questions outside the area of same-sex marriage. This short Article offers a more rehabilitative reading of Windsor, and shows how the decision can be used to analyze a significant constitutional question concerning the use of state criminal procedure to regulate immigration.

From Windsor’s holding, the Article distills …

Is Guilt Dispositive? Federal Habeas After Martinez, Justin F. Marceau

William & Mary Law Review

Federal habeas review of criminal convictions is not supposed to be a second opportunity to adjudge guilt. Oliver Wendell Holmes, among others, has said that the sole question on federal habeas is whether the prisoner’s constitutional rights were violated. By the early 1970s, however, scholars criticized this rights-based view of habeas and sounded the alarm that postconviction review had become too far removed from questions of innocence. Most famously, in 1970 Judge Friendly criticized the breadth of habeas corpus by posing a single question: Is innocence irrelevant? In his view habeas review that focused exclusively on questions of rights in …

Windsor Beyond Marriage: Due Process, Equality & Undocumented Immigration, Anthony O'Rourke

William & Mary Law Review

The Supreme Court’s recent decision in United States v. Windsor, invalidating part of the federal Defense of Marriage Act, presents a significant interpretive challenge. Early commentators have criticized the majority opinion’s lack of analytical rigor, and expressed doubt that Windsor can serve as a meaningful precedent with respect to constitutional questions outside the area of same-sex marriage. This Article offers a more rehabilitative reading of Windsor and shows how the decision can be used to analyze a significant constitutional question concerning the use of state criminal procedure to regulate immigration.

From Windsor’s holding, the Article distills two concrete doctrinal propositions …

Incarceration And Reintegration: How It Impacts Mental Health, April M. Marier, Alex Alfredo Reyes

Electronic Theses, Projects, and Dissertations

ABSTRACT

Background: Previous criminal justice policies have been non-effective leading to overpopulated prisons and unsuccessful reintegration. There is a lack of effective supportive and/or rehabilitative services resulting in high rates of recidivism and mental health implications. Objective: This study investigated the perceived impact that incarceration and reintegration with little to no supportive and/or rehabilitative services has on the mental health status of an individual. The emphasis was on participant perception and not on professional reports because of underreporting and lack of attention to mental health in the criminal justice system. Methods: Focus groups in the Inland Empire and Coachella Valley …

Disparate Treatment Of Disparate Treatment: Harmonizing Title Vii Pretext And Mixed-Motive Jury Instruction Causation Standards In Light Of Staub V. Memorial Hospital, Eric Rosoff

Cardozo Law Review

No abstract provided.

Bottlenecks And Antidiscrimination Theory, Samuel R. Bagenstos

Reviews

In American antidiscrimination theory, two positions have competed for primacy. One, anticlassification, sees the proper goal of antidiscrimination law as being essentially individualistic. The problem with discrimination, in this view, is that it classifies individuals on the basis of an irrelevant or arbitrary characteristic—and that it, as a result, denies them opportunities for which they are otherwise individually qualified. The other position, antisubordination, sees the proper goal of antidiscrimination law as being more group oriented. The problem with discrimination, in this view, is that it helps constitute a social system in which particular groups are systematically subject to disadvantage and …

Summary Of Afzali V. State, 130 Nev. Adv. Op. 34, Sean Daly

Nevada Supreme Court Summaries

The Court determined whether a defendant has a constitutional right to know the racial composition of a grand jury that indicted him.

The Case For Rational Basis Review Of General Suspicionless Searches And Seizures, Richard C. Worf

Touro Law Review

This article examines the constitutional status of suspicionless searches and seizures of groups- an exceedingly important question in the age of terror, and a subject recently brought back to the forefront by the searches of subway passengers in New York City. It draws on process theory to argue that when a legislature has authorized a group search or seizure, courts should generally apply rational basis review.

First, other areas of constitutional doctrine exhibit deep trust in the power of groups to protect their interests in political process, and there is no reason why fourth amendment doctrine should not do the …

Court Of Appeals Of New York, Hernandez V. Robles, Gennaro Savastano

Touro Law Review

No abstract provided.

Exploring Connections Between Efforts To Restrict Same-Sex Marriage And Surging Public Opinion Support For Same-Sex Marriage Rights: Could Efforts To Restrict Gay Rights Help To Explain Increases In Public Opinion Support For Same-Sex Marriage?, Samuel Everett Christian Dunlop

Dissertations and Theses

Scholarly research on the subject of the swift pace of change in support for same-sex marriage has evolved significantly over the last ten years. The shift has gone beyond the scholarship's initial description amongst demographic groups on how opinion has changed on gay rights issues, like same-sex marriage, to an examination of why the change has occurred. A great deal of the initial research on the topic seemed to focus on demographic traits that suggested a greater propensity toward support for same-sex marriage as time went on. Is the existent literature sufficient to explain why such a dramatic change in …

Supreme Court, Sullivan County, Holman V. Goord, Eric Pack

Touro Law Review

No abstract provided.

Selma To Saigon, Daniel S. Lucks

Civil Rights

The civil rights and anti–Vietnam War movements were the two greatest protests of twentieth-century America. The dramatic escalation of U.S. involvement in Vietnam in 1965 took precedence over civil rights legislation, which had dominated White House and congressional attention during the first half of the decade. The two issues became intertwined on January 6, 1966, when the Student Nonviolent Coordinating Committee (SNCC) became the first civil rights organization to formally oppose the war, protesting the injustice of drafting African Americans to fight for the freedom of the South Vietnamese people when they were still denied basic freedoms at home.

Selma …