Civil Rights and Discrimination Commons^™

Saving Disparate Impact, Lawrence Rosenthal

Cardozo Law Review

No abstract provided.

Brief For Petitioners. Lawson V. Fmr Llc, 134 S. Ct. 1158 (2014) (No. 12-3), 2013 U.S. S. Ct. Briefs Lexis 3164, Eric Schnapper, Indira Talwani, Kevin G. Powers

Court Briefs

No abstract provided.

A Response To Steve Vladeck And Kevin Jon Heller, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Studies On Religion And Recidivism: Focus On Roxbury, Dorchester, And Mattapan, George Walters-Sleyon

Trotter Review

This research article raises the question of whether religion can be considered a viable partner in the reduction of the high rate of recidivism associated with the increasing mass incarceration in the United States. Can sustainable transformation in the life of a prisoner or former prisoner as a result of religious conversion be subjected to evidenced-based practices to derive impartial conclusions about the value of religion in their lives? With a particular focus on three neighborhoods of Boston—Roxbury, Dorchester, and Mattapan—this study examines the relevance of religion and faith-based organizations in lowering the high rate of recidivism associated with incarceration …

The Personal And Family Challenges Of Reentry: Interview With Helen Credle, Kenneth J. Cooper

Trotter Review

For 40 years, Helen Credle has worked with prison inmates and exoffenders in Massachusetts, from inside or outside the state corrections system. The Boston native, who grew up in Roxbury, did not set out to become an advocate for prisoners and their families. Oddly, it was music that first took her inside prison walls and into that role. As director of community services for the New England Conservatory of Music, Credle organized concerts by bluesman B.B. King and balladeer Bobby Womack in state prisons. Her involvement grew deeper when the conservatory’s administrators and faculty members decided to teach inmates to …

Life After Prison: A Different Kind Of Sentence?, A Forum At The Boston Center For The Arts, Andrea J. Cabral, Daniel Cordon, Lyn Levy, Gary Little, Janet Rodriguez

Trotter Review

In September 2012, the Boston Center for the Arts (BCA) hosted a forum on life after prison as part of its series, Dialogue: Social Issues Examined Through the Playwright’s Pen. The forum coincided with performances at the Boston Center for the Arts of The MotherF**ker with the Hat, a play by Stephen Andy Guirgis about prisoner reentry.

Andrea J. Cabral, then sheriff of Suffolk County and secretary of public safety in Massachusetts, moderated the forum in BCA’s Calderwood Pavilion, the same theater where SpeakEasy Stage Company was putting on the play. The four panelists work for nonprofit organizations primarily …

Stop And Frisk: From Slave-Catchers To Nypd, A Legal Commentary, Gloria J. Browne-Marshall

Trotter Review

Today’s “stop and frisk” practices stem from centuries of legal control of Africans in America. Colonial laws were drafted specifically to control Africans, enslaved and free. Slave catchers culled the woods in search of those Africans who dared escape. After slavery ended, “Black Codes” or criminal laws were enacted to ensnare African Americans, including the sinister convict-lease system that existed well into the twentieth century. The U.S. Supreme Court ruled to extend police authority to stop and frisk during the Civil Rights Movement.

Police abuse of stop and frisk has led to tens of millions of people detained and searched …

Gray Matters Behind Bars, Howard Manly

Trotter Review

Forty years ago, the nation got tough on crime. It is now paying the price as the skyrocketing cost of incarcerating aging inmates is haunting state and federal prison budgets.

Inside/Outside: A Model For Social Support And Rehabilitation Of Young Black Men, Harold Adams, Castellano Turner

Trotter Review

This paper first identifies some of the most important problems facing incarcerated young black males. Next, we present an historical analysis that pinpoints the War on Drugs as the primary origin of mass incarceration of that group. Then we describe the major consequences for prisoners as well as collateral problems for their families, friends, and communities. We then outline the types of programs created to address these problems. We summarize research that shows the key to solving high recidivism rates is social support during incarceration and after release. We describe in particular a Boston-based organization, the Committee of Friends and …

Introduction: Lynching, Incarceration’S Cousin: From Till To Trayvon, Barbara Lewis

Trotter Review

The wholesale criminalizing of the black male has been much in the news, put there by the Trayvon Martin case and the Florida verdict. (Incidentally, even though we don’t often think of it, Florida was where the first African slaves were installed in America, back in the 1500s in the city of St. Augustine.) As an academic, which, loosely translated means that I often bury my head between the covers of a book trying to figure out one thing or another, I am thought of as someone who is cautious and circumspect in what I think and write, but I …

The Gay Accent, Gender, And Title Vii Employment Discrimination, Ryan Castle

Seattle University Law Review

While race, religion, ethnicity, and sex will always remain salient social issues in our nation, sexual orientation is currently at the forefront of our national debate and will likely not abate in the foreseeable future. Federal courts, for example, struggle in differentiating sex, gender, and sexuality when adjudicating Title VII employment discrimination claims. Because Title VII does not protect employees from sexual orientation-based discrimination, plaintiffs who are or are perceived to be of a sexual minority have difficulty proving a valid sex-based discrimination claim in federal court. This difficulty arises because one cannot perceive sex, gender, and sexuality without muddling …

The Achievement Gap And Disparate Impact Discrimination In Washington Schools, Sarah Albertson

Seattle University Law Review

In today’s public schools, students designated as “white” and “Asian” consistently outperform students from other ethnic groups in test scores and graduation rates. These disparities, commonly called “the achievement gap,” are a symptom of greater issues, or “opportunity gaps.” Washington State has recently taken a further step to address the achievement gap and racial discrimination in schools. In 2010, the Washington legislature passed the Equal Education Opportunity Law (EEOL), HB 3026, in response to the recommendations in commissioned achievement gap studies. The EEOL authorizes the Office of the Superintendent of Public Instruction (OSPI) to enforce this law through regulations. This …

Women's Rights On The Right: The History And Stakes Of Modern Pro-Life Feminism, 1968 To The Present, Mary Ziegler

Scholarly Publications

Recently, pro-life advocates have popularized claims that abortion harms rather than helps women. The best known of these arguments are the woman-protective arguments—contentions, such as those endorsed in Gonzales v. Carhart, justifying abortion restrictions on the basis of the physical or psychological harms supposedly produced by the procedure. Woman-protective claims, however, represent only one part of a much larger strategy that this Article calls pro-life feminism. The Article follows pro-life activists’ use of the term “feminist” or “feminism.” As the Article makes clear, activists on competing sides of the abortion issue have contested the meaning of “true” feminism. Taking …

Abortion And Disgust, Courtney Megan Cahill

Scholarly Publications

This Article uses disgust theory — defined as the insights on disgust by psychologists and social scientists — to critique disgust’s role in abortion lawmaking. Its starting point is a series of developments that independently highlight and call into question the relationship between abortion and disgust. First, the Supreme Court introduced disgust as a valid basis for abortion regulation in its 2007 case Gonzales v. Carhart. Second, psychologists have recently discovered a sufficiently strong association between individual disgust sensitivity and abortion opposition to suggest that disgust might drive that opposition. They have also discovered that “abortion disgust” appears to be …

Employment Discrimination, Peter Reed Corbin, John E. Duvall

Mercer Law Review

After last year's blockbuster year, the United States Supreme Court was relatively quiet in the area of employment discrimination during the 2012 survey period. The High Court's most significant ruling was its decision in Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC, in which the Court held that the First Amendment's Establishment and Free Exercise Clauses create a "ministerial exception" that barred a disability discrimination lawsuit against a religious organization.

However, the United States Court of Appeals for the Eleventh Circuit offset the Supreme Court's inactivity by handing down six published Title VII opinions and ten published decisions in …

Masthead

University of Miami Race & Social Justice Law Review

No abstract provided.

Domestic Counterinsurgency: How Counterinsurgency Tactics Combined With Laws Were Deployed Against Blacks Throughout U.S. History, William Y. Chin

University of Miami Race & Social Justice Law Review

Long before the United States engaged in counterinsurgency overseas in Iraq and Afghanistan, the United States engaged in counterinsurgency domestically against blacks. The history of America is a history of enduring conflict between black insurgents and white counterinsurgents. This conflict began centuries ago with the forced transport of enslaved blacks to America’s shores. From the beginning, whites employed all levers of national power including laws to suppress black resistance. The laws became counterinsurgency weapons launched against blacks in an internal conflict lasting generations.

Introduction: Effects Of Global Developments On Gender And The Legal Practice, Gabriele Plickert

Indiana Journal of Global Legal Studies

Women in Legal Practice: Global and Local Perspectives, Symposium, June 5-8, 2012. Annual Meeting of the Law and Society Association.

Women In The Legal Profession, 1970-2010: A Study Of The Global Supply Of Lawyers, Ethan Michelson

Indiana Journal of Global Legal Studies

This article represents the first effort to measure the changing global supply and composition of lawyers over a period of several decades. In it I assemble data on lawyer populations and gender compositions from eighty-six countries and use them to calculate estimates for the rest of the world in order to paint a truly global picture of the changing supply of lawyers in general and of female lawyers in particular. Most of the data supporting my analyses come from a unique and hitherto untapped source: individual-level census data. Results reveal a clear sequence in the global process of lawyer feminization. …

Gender And Global Lawyering: Where Are The Women?, Steven A. Boutcher, Carole Silver

Indiana Journal of Global Legal Studies

The dual forces of globalization and support for diversity in the legal profession are responsible for significant growth among U.S. law firms. Both women lawyers and those educated outside of the U.S. have been important elements facilitating the global trajectories of U.S. firms, but the interaction between the two has not been the subject of substantial research. We address this gap by drawing on an original dataset of lawyer biographies, and consider whether career strategies that involve the international mobility of lawyers are equally powerful for women and men. Our research suggests that globalization of large firm practice has not …