From Integration To Multiculturalism: Dr. King's Dream Fifty Years Later,
2014
Pepperdine University
From Integration To Multiculturalism: Dr. King's Dream Fifty Years Later, Al Sturgeon
Pepperdine Dispute Resolution Law Journal
The author offers information on transformation from integration to multiculturalism in the U.S. He states that tolerance became a popular term following the victories achieved in the Civil Rights Era and choice between segregation and integration was a familiar topic of the Era. He mentions that a call for integration to the multiculturalism movement underlies an attempt to move beyond legal recognition to an appreciation of differences.
The Ever-Shrinking Case For A Constitutional Right To Same-Sex Marriage,
2014
William & Mary Law School
The Ever-Shrinking Case For A Constitutional Right To Same-Sex Marriage, James G. Dwyer
Popular Media
No abstract provided.
Oliver Lawal, Daosamid Bounthisane, And Gazali Shittu, Appellants, V. Marc Mcdonald, William Riley, And Frederick Chose, Appellees: Petition For Panel Rehearing,
2014
William & Mary Law School
Oliver Lawal, Daosamid Bounthisane, And Gazali Shittu, Appellants, V. Marc Mcdonald, William Riley, And Frederick Chose, Appellees: Petition For Panel Rehearing, Patricia E. Roberts, Tillman J. Breckenridge, Tara A. Brennan, Thomas W. Ports Jr.
Appellate and Supreme Court Clinic
No abstract provided.
Torch (February 2014),
2014
University of Southern Maine
Torch (February 2014), Brandon Baldwin, Civil Rights Team Project
Torch: The Civil Rights Team Project Newsletter
No abstract provided.
Weathering Wal-Mart,
2014
University of South Carolina School of Law
Weathering Wal-Mart, Joseph A. Seiner
Notre Dame Law Review
In Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2531 (2011), the Supreme Court held that a proposed class of over a million women that had alleged pay and promotion discrimination against the nation’s largest retailer could not be certified. According to the Court, the plaintiffs had failed to establish a common thread in the case sufficient to tie their claims together. The academic response to Wal-Mart was immediate and harsh: the decision will serve as the death knell for mass employment litigation, undermining the workplace protections provided by Title VII of the Civil Rights Act of 1964 (Title VII). …
Creating A Wanted Poster From A Drop Of Blood: Using Dna Phenotyping To Generate An Artist's Rendering Of An Offender Based Only On Dna Shed At The Crime Scene,
2014
Hamline University School of Law
Creating A Wanted Poster From A Drop Of Blood: Using Dna Phenotyping To Generate An Artist's Rendering Of An Offender Based Only On Dna Shed At The Crime Scene, Charles E. Maclean
Hamline Law Review
abstract
Academic Extremism Threatens Democratic Values (Commentary),
2014
University of Baltimore School of Law
Academic Extremism Threatens Democratic Values (Commentary), Kenneth Lasson
All Faculty Scholarship
Veritas vos liberabit, chanted the scholastics of yesteryear — "the truth will set you free." It's hard to see how that mantra could be echoed by latter-day counterparts in the academy. Consider the recent resolution by the American Studies Association that advocated an academic boycott of Israel. Its argument — that Israeli universities are complicit in state policies violating Palestinians' human rights — belies the truth: Israel has long been the most diverse, inclusive and tolerant of any Middle Eastern country.
Getting To The Promised Land: Enforcing The Civil Rights Laws,
2014
Lewis & Clark Law School
Getting To The Promised Land: Enforcing The Civil Rights Laws, Bill Lann Lee
Martin Luther King, Jr. Lecture Series
Bill Lann Lee was the nation’s top civil rights prosecutor as Assistant Attorney General for Civil Rights in the U.S. Department of Justice from December 1997 to January 2001.
Retrogressive Anti-Gay Law In Uganda Has Ties To The Us,
2014
Western New England University School of Law
Retrogressive Anti-Gay Law In Uganda Has Ties To The Us, Lauren Carasik
Media Presence
No abstract provided.
Brief For Constitutional Law Professors As Amici Curiae Supporting Appellee, Brown Et Al. V. Livingston,
2014
University of Nevada, Las Vegas -- William S. Boyd School of Law
Brief For Constitutional Law Professors As Amici Curiae Supporting Appellee, Brown Et Al. V. Livingston, Leslie C. Griffin
Supreme Court Briefs
No abstract provided.
Lethal Injection Secrecy And Eighth Amendment Due Process,
2014
University of Nebraska College of Law
Lethal Injection Secrecy And Eighth Amendment Due Process, Eric Berger
Nebraska College of Law: Faculty Publications
The U.S. Supreme Court has held that death row inmates possess an Eighth Amendment right protecting them against execution methods posing a substantial risk of serious harm. Despite the clear existence of this liberty interest, lower federal courts have repeatedly denied inmates’ requests to know important details of the lethal injection procedure the state plans to use. This Article argues that the Eighth Amendment includes an implicit due process right to know such information about the state’s planned method of execution. Without this information, inmates cannot protect their Eighth Amendment right against an excruciating execution, because the state can conceal …
Border Fixation: The Appearance Of Security And Control In Immigration Reform,
2014
University of Maryland Fraqncis King Carey School of Law
Border Fixation: The Appearance Of Security And Control In Immigration Reform, Katherine L. Vaughns
Faculty Scholarship
Immigration reform is the subject of intense discussion among politicians, policy experts, analysts, and advocacy groups alike; America’s never-ending debate which today has been infected with shameless demagoguery, rendering sound policy choices virtually impossible. And in this political cauldron, the appearance of border security and control through symbolism and political rhetoric substitute for the practical realities that are essential to inform policymakers about the appropriate administration and enforcement of U.S. immigration laws. For Congress has had an ongoing, unsound focus on sealing the border it shares with Mexico, its southwestern neighbor, seemingly without regard to costs especially in the post-9/11 …
Hosanna-Tabor In The Religious Freedom Panopticon,
2014
University of Maryland Francis King Carey School of Law
Hosanna-Tabor In The Religious Freedom Panopticon, Peter G. Danchin
Faculty Scholarship
No abstract provided.
Still Drowning In Segregation: Limits Of Law In Post-Civil Rights America,
2014
University of Maryland Francis King Carey School of Law
Still Drowning In Segregation: Limits Of Law In Post-Civil Rights America, Taunya L. Banks
Faculty Scholarship
Approximately 40% of the deaths attributed to Hurricane Katrina in 2005 were caused by drowning. Blacks in the New Orleans area accounted for slightly more than one half of all deaths. Some of the drowning deaths were preventable. Too many black Americans do not know how to swim. Up to seventy percent of all black children in the United States have no or low ability to swim. Thus it is unsurprising that black youth between 5 and 19 are more likely to drown than white youths of the same age. The Centers for Disease Control concludes that a major factor …
Promoting Innovation While Preventing Discrimination: Policy Goals For The Scored Society,
2014
University of Maryland Francis King Carey School of Law
Promoting Innovation While Preventing Discrimination: Policy Goals For The Scored Society, Frank A. Pasquale, Danielle Keats Citron
Faculty Scholarship
There are several normative theories of jurisprudence supporting our critique of the scored society, which complement the social theory and political economy presented in our 2014 article on that topic in the Washington Law Review. This response to Professor Tal Zarsky clarifies our antidiscrimination argument while showing that is only one of many bases for the critique of scoring practices. The concerns raised by Big Data may exceed the capacity of extant legal doctrines. Addressing the potential injustice may require the hard work of legal reform.
Perspectives On Outpatient Commitment,
2014
University of Maryland Francis King Carey School of Law
Perspectives On Outpatient Commitment, Richard C. Boldt
Faculty Scholarship
No abstract provided.
The Status Gap: Female Faculty In The Legal Academy,
2014
University of Maryland School of Law
The Status Gap: Female Faculty In The Legal Academy, Paula A. Monopoli
Faculty Scholarship
No abstract provided.
Children As Proto-Citizens: Equal Protection, Citizenship, And Lessons From The Child-Centered Cases,
2014
Washington and Lee University School of Law
Children As Proto-Citizens: Equal Protection, Citizenship, And Lessons From The Child-Centered Cases, Catherine E. Smith, Susannah W. Pollvogt
Scholarly Articles
The rights of children have recently taken a prominent role in the popular and judicial consciousness. This is largely due to litigation over marriage equality. In authoring the majority opinion in United States v. Windsor, 133 S. Ct. 2675 (2013), Justice Kennedy cited tangible and psychic harm to the children of same-sex couples as a basis for invalidating the federal Defense of Marriage Act. Post-Windsor, myriad state and federal courts similarly have recognized the manner in which state-level marriage bans inflict harm on the children of same-sex couples. Yet, while courts have recognized the significance of harm to children …
Fakers And Floodgates,
2014
University of Cincinnati College of Law
Fakers And Floodgates, Sandra F. Sperino
Faculty Articles and Other Publications
There has always been the possibility of judicial skepticism about employment discrimination claims. Recently, the Supreme Court made this skepticism explicit. In University of Texas Southwestern Medical Center v. Nassar, the Supreme Court expressed concern about fake claims and floodgates of litigation. It then used these arguments to tip the substantive law against retaliation claims. This article responds to this explicit skepticism about discrimination claims. First, it shows that the Court created reasons to limit retaliation claims that are not tied to congressional intent. Second, the factual claims that the Court makes are not grounded in evidence, and available information …
Torts And Civil Rights Law: Migration And Conflict: Symposium Introduction,
2014
University of Cincinnati College of Law
Torts And Civil Rights Law: Migration And Conflict: Symposium Introduction, Sandra F. Sperino
Faculty Articles and Other Publications
Curiously, the connection between civil rights and civil wrongs has not been a topic that has captivated the attention of large numbers of legal scholars over the years. The distance that has developed between the two fields likely reflects their placement on opposite sides of the public-private divide, with Title VII and other anti-discrimination statutes forming part of public law, while torts is a classic, private law subject. To compound the division, both subjects are to some extent still under-theorized. Employment discrimination scholarship is often caught up in the process of analyzing the doctrinal implications of the latest Supreme Court …
