Civil Rights and Discrimination Commons^™

The Misfortune Of Attending School While Black In A Fifth Circuit State, Shelley Ward Bennett

Washington and Lee Law Review

Tens of thousands of children, including disproportionate numbers of Black children, are hit in school every year. More than 50 percent of these students live in the Fifth Circuit states of Mississippi, Louisiana, and Texas. Decades of government data, including the Department of Education’s most recent reports, reveal that Black students receive alarmingly inequitable rates of corporal punishment, demonstrating this education practice to be a legal form of institutionalized racism.

This Article uniquely focuses on the archaic discipline practice’s effects on Black students in Fifth Circuit states. Fifth Circuit law addressing students’ rights in corporal punishment cases has developed into …

On The Meaning Of Discrimination: Anti-Racism Versus Color- Blind Policy, Keith N. Hylton

Cardozo Journal of Equal Rights & Social Justice

Chief Justice Roberts of the United States Supreme Court has said that "the way to stop discrimination on the basis of race is to stop discriminating on the basis of race. "I In this Article, I examine what it means to discriminate on the basis of race-or what it means to stop discriminating on the basis of race. I consider interventions designed to enhance social welfare in an economy with racially discriminatory games operating at its base. One set of interventions is color-blind, in the sense that it treats all actors alike regardless of race. The other set of interventions …

We The People... Deserve Fair Taxes, Doron Narotzki, Tamir Shanan

Cardozo Journal of Equal Rights & Social Justice

In a world where economic inequality is deepening, tax law has emerged as one of the most powerful tools for shaping social justice. This Article explores how progressive taxation serves not only as a fiscal mechanism but as a reflection of societal values and the moral obligations of wealth. With legal methodologies such as Purposivism, Originalism, and Living Constitutionalism providing different interpretative lenses, this Article delves into the crucial discourse surrounding income, tax avoidance, deductions, and wealth taxation.

Through an analysis of real-world tax policies and legal precedents, the Article examines how these methodologies either perpetuate or challenge the current …

Conservative Caution V. Progressive Originalism: How Justices Barrett And Jackson Are Paving Their Own Paths On The Court, David Rudenstine, Michael Waldman, Eric Freedman, Haiyun Damon-Feng, William D. Araiza, Mark Anthony Frassetto, Jake Meiseles, Michael Pollack, Linda Greenhouse, Earl M. Maltz

Cardozo Journal of Equal Rights & Social Justice

The Conservative Caution v. Progressive Originalism symposium, hosted by the Cardozo Journal of Equal Rights and Social Justice on March 7, 2025, brings together leading constitutional scholars to examine the emerging judicial philosophies of Justices Amy Coney Barrett and Ketanji Brown Jackson. Through three expert panels—presidential immunity, gun rights, and judicial ideology—the symposium analyzes how both Justices are shaping contemporary originalist discourse from opposing ends of the ideological spectrum. Panelists explore the Supreme Court’s watershed decision in Trump v. United States (2024), emphasizing its unprecedented expansion of presidential immunity and its implications for separation of powers and democratic accountability. Discussions …

Involving Incarcerated People In The Political Process, Danny Zemel

University of Richmond Law Review

In 1871, the Supreme Court of Virginia infamously stated: “The bill of rights is a declaration of general principles to govern a society of freemen, and not of convicted felons and men civilly dead.” As a result of that civil death, incarcerated people only had rights “such as the law in its benignity accords to them” as “[t]hey are the slaves of the State.” While that is no longer the law, incarcerated people still face a form of civil death through removal from the political process. Obvious manifestations of this civil death include restrictions on voting and the gerrymandering of …

Biglaw's Race Problem, Angela Onwuachi-Willig, Anthony V. Alfieri

Articles

Ever since the 1970s when BigLaw firms began to hire Black lawyers into their associate ranks, these firms have wrestled with problems in both recruiting and retaining Black associates. During the ensuing decades, BigLaw firms have minimally increased the low numbers of Black attorneys who have become partners, particularly equity partners, within their organizations. Numerous scholars have explored how racial bias and discrimination, both within BigLaw firms and greater society, have contributed to such failures in the recruitment, retention, and promotion of Black lawyers. In his new book The Black Ceiling: How Race Still Matters in the Elite Workplace, Professor …

On The Meaning Of Discrimination: Anti-Racism Versus Color-Blind Policy, Keith N. Hylton

Faculty Scholarship

Chief Justice Roberts of the United States Supreme Court has said that “the way to stop discrimination on the basis of race is to stop discriminating on the basis of race.”1 In this Article, I examine what it means to discriminate on the basis of race—or what it means to stop discriminating on the basis of race. I consider interventions designed to enhance social welfare in an economy with racially discriminatory games operating at its base. One set of interventions is color-blind, in the sense that it treats all actors alike regardless of race. The other set of interventions is …

Gender Sidelining In Schools And The Scourge Of Single Sex School Leadership, Kelley King, Jessica Fink

St. John's Law Review

Concerns about unequal gender representation have plagued virtually every workplace in recent decades. In countless professions, even those in which women comprise a majority of the workforce, leadership positions are dominated by men. Often, the inability of women to rise within the professional hierarchy stems not only from overt acts of sex discrimination, but also from more subtle and nuanced bias in the workplace—bias referred to in other research as “gender sidelining.” This sidelining seems particularly paradoxical when it arises in professions in which women already have been funneled due to their gender—including the education sphere. In this way, the …

From Civic Duties To Democratic Mandates: The Theoretical Framework Of Mill And Tocqueville On Compulsory Voting In The U.S., Olivia Claire Luttrell

Undergraduate Honors Theses

This thesis examines the treatment of jury duty and voting in the United States through the philosophical framework of John Stuart Mill and Alexis de Tocqueville. While jury duty is legally mandated, voting remains optional, despite both civic responsibilities being foundational to democratic participation. This research explores the historical, theoretical, and practical implications of voting becoming compulsory in the United States, as it is in other democratic nations. The analysis includes a comparative case study of the impact of Australia’s mandatory voting to evaluate whether it could become compulsory in the U.S. Both philosophers offer insightful knowledge on the role …

Law School News: Champions For Justice: Celebrating Alumni Leaders In Legal Advocacy And Social Impact 03-31-2025, Jane Govednik

Life of the Law School (1993- )

No abstract provided.

Bridging The Gap: Stress And Support Systems For Underrepresented Students Pursuing Graduate Education, Carlos A. Tavira-Villegas

Honors Program: Senior Projects (Public)

Embedded within the United States educational system lies a history that is marked by centuries of exclusion, where students of color were denied the right to an equal education. Despite this legacy of injustice, a story of resilience and bravery also exists, as countless individuals fought for the right to access and succeed in an equal education. This literature review examines the historical exclusion of Mexican American, Asian, and Black students in the United States. Important legal cases will be explored to trace the progression of educational equity in America. Several theories will be reviewed, including social identity theory, ecological …

Review Of In A Human Voice, Jean Keller

The Journal of Social Encounters

No abstract provided.

Katharine Drexel And The Sisters Who Shared Her Vision, Annie Huey

The Journal of Social Encounters

No abstract provided.

Review Of Laboratories Of Autocracy: A Wake-Up Call From Behind The Lines, Neal Allen, Philip Pfeiffer

The Journal of Social Encounters

No abstract provided.

Review Of God's Resistance: Mobilizing Faith To Defend Immigrants, Anna Peterson

The Journal of Social Encounters

No abstract provided.

Review Of Ordinary Whites In Apartheid Society: Social Histories Of Accommodation, Gary Prevost

The Journal of Social Encounters

No abstract provided.

Review Of Portraits Of Peacemakers: Americans Who Tell The Truth, Rosemarie Pace

The Journal of Social Encounters

No abstract provided.

Community-Based Research And Catholic Higher Education In Solidarity: Embracing The Risks And Gifts Of Interdependence, Linda Land-Closson

The Journal of Social Encounters

With common ground in the work of solidarity and the common good, Community-Based Research (CBR) and Catholic Higher Education (CHE) can be brought into a mutually beneficial dialogue. Accordingly, this article serves first as a reminder of the radicality of solidarity, second as a callout to CHE for often falling short of solidarity-in-action, third as an invitation for CHE to offer understandings of solidarity as discernment tools to mitigate harm in the changing field of CBR, and finally as an invitation to CBR to be aware of and continue promoting solidarity through good judgment.

Intergenerational Dialogue And Inquiry For Collective Healing, Social Justice And Communal Well-Being: A Reflection On Conceptions, Processes And Practices, Scherto Gill

The Journal of Social Encounters

This paper explores how intergenerational dialogue and inquiry (IDI) may help break the silence about past brutality and contribute to collective healing, social justice and communal well-being. The specific historical contexts that it is concerned with are transatlantic slavery and colonisation, and the continued legacies of contemporary racism. Global communities impacted by these tragedies often experience silence between the generations about the trauma resulting from the atrocity, often exacerbated by present day discrimination. In considering the case study of IDI in communities on four continents, this paper further analyses the processes involved in breaking the cycles of silence, and remembering …

Memorandum Of Amicus Curiae Center For Civil Rights And Critical Justice In Support Of Review, Melissa Lee, Jessica Levin, Ronald A. Peterson Law Clinic

Center for Civil Rights and Critical Justice Advocacy

No abstract provided.