Blacks And Voting Rights In Nevada,
2013
University of Nevada, Las Vegas -- William S. Boyd School of Law
Blacks And Voting Rights In Nevada, Rachel J. Anderson
Scholarly Works
This article is a brief foray into black suffrage and equal rights in Nevada legal history. It is part of "A Special Series on African Americans in Nevada Politics - Past and Present" on pages 16-21 of the issue. Sources are on page 21 of the issue.
Blacks In Nevada Elections,
2013
University of Nevada, Las Vegas -- William S. Boyd School of Law
Blacks In Nevada Elections, Rachel J. Anderson
Scholarly Works
This article is a snapshot of challenges, contributions, and achievements of African Americans in Nevada elections. It is part of "A Special Series on African Americans in Nevada Politics - Past and Present" on pages 16-21 of the issue.
Blacks In The Nevada Legal Profession,
2013
University of Nevada, Las Vegas -- William S. Boyd School of Law
Blacks In The Nevada Legal Profession, Rachel J. Anderson
Scholarly Works
This article discusses the history of African-Americans in the Nevada legal profession. It is part of "A Special Series on African Americans in Nevada Politics - Past and Present" on pages 16-21 of the issue. Sources are on page 21 of the issue.
'Baton Bullying': Understanding Multi-Aggressor Rotation In Anti-Harassment Cases,
2013
New York Law School
'Baton Bullying': Understanding Multi-Aggressor Rotation In Anti-Harassment Cases, Kris Franklin
Articles & Chapters
Schools are increasingly expected to intervene to prevent the sorts of bullying behavior that can interfere with education. If they do so inadequately, as a number of recent cases show, school districts may be held liable under Title IX for their “deliberate indifference” to harassment that effectively prevents the victim from receiving the benefits of public education. In popular imagination, “bullying” usually consists of one aggressor terrorizing one victim, sometimes with the assistance or tacit approval of other students. But least with respect to the many cases of students being targeted because they were, or were perceived to be, gay, …
Unprotected Sex: The Pregnancy Discrimination Act At 35,
2013
University of Pittsburgh, School of Law
Unprotected Sex: The Pregnancy Discrimination Act At 35, Deborah L. Brake, Joanna L. Grossman
Faculty Journal Articles and Book Chapters
Thirty-five years ago, Congress passed the Pregnancy Discrimination Act to overturn a Supreme Court decision refusing to recognize pregnancy discrimination as a form of discrimination based on sex. Now, three and a half decades later, women whose work lives are impacted by pregnancy are again finding themselves unprotected from discrimination. Lower court rulings have eviscerated the Act’s protections at the same time that an expansion of worker rights under the Americans with Disabilities Act should redound to the benefit of pregnant women by expanding the pool of comparators who receive accommodations. By following trends in discrimination law generally - equating …
Watching The Watchers,
2013
University of Richmond
Watching The Watchers, Ronald J. Bacigal
Law Faculty Publications
This article focuses on the threat that increasingly sophisticated technology can pose to individual privacy. However, the author would like to provide the “yin to the yang” and point out the obvious: technology itself is not the culprit, because it is a double-edged sword, a tool that can be used to protect as well as invade privacy. We need not endorse the single-minded approach of WikiLeaks to recognize the benefits that occur when technology discloses government cover-ups or simply provides accurate information where none previously existed.
The Cost Of Non-Compensable Workplace Harm,
2013
University of Richmond
The Cost Of Non-Compensable Workplace Harm, Henry L. Chambers, Jr.
Law Faculty Publications
This essay briefly addresses the limited fashion in which Title VII remedies sex discrimination in the workplace. Those limitations fall into three broad categories. The first encompasses how courts have applied procedural rules to Title VII claims. The second involves Title VII's explicit limitation on its coverage. The third includes substantive limitations that courts have placed on causes of action that are clearly covered by Title VII. This essay addresses those categories in turn.
The High Cost Of The Nation's Current Framework For Education Federalism,
2013
University of Richmond
The High Cost Of The Nation's Current Framework For Education Federalism, Kimberly J. Robinson
Law Faculty Publications
This Article will show the consistent ways that the current understanding of education federalism within the United States has hindered three of the major reform efforts to promote a more equitable distribution of educational opportunity: school desegregation, school finance litigation, and, most recently, NCLB. In exploring how education federalism has undermined these efforts, this Article adds to the understanding of other scholars who have critiqued these reforms and examined why the nation has failed to guarantee equal educational opportunity. For example, scholars have argued that the failure to undertake earnest efforts to achieve equal educational opportunity is caused by a …
Civil Rights For The Twenty-First Century: Lessons From Justice Thurgood Marshall's Race-Transcending Jurisprudence,
2013
Georgetown University Law Center
Civil Rights For The Twenty-First Century: Lessons From Justice Thurgood Marshall's Race-Transcending Jurisprudence, Sheryll Cashin
Georgetown Law Faculty Publications and Other Works
This Essay pays tribute to justice Thurgood Marshall's race-transcending vision of universal human dignity, and explores the importance of building cross-racial alliances to modern civil rights advocacy. justice Marshall's role as a "Race Man" is evident in much of his jurisprudence, where he fought for years to promote equal opportunity and equal justice. As an advocate for all marginalized people, justice Marshall viewed equal justice as transcending race, and this Essay suggests that the multi-racial coalition that supported President Obama aligns with Marshall's vision. The Essay evaluates the civil rights movement through the lens of Justice Marshall's equality analysis, and …
Ruth Bader Ginsburg's Equal Protection Clause: 1970-80,
2013
Georgetown University Law Center
Ruth Bader Ginsburg's Equal Protection Clause: 1970-80, Wendy Webster Williams
Georgetown Law Faculty Publications and Other Works
Professor Ruth Bader Ginsburg of Columbia Law School was the leading Supreme Court litigator for gender equality in the crucial decade, 1970-80. In addition to teaching her classes, producing academic articles, and co-authoring the first casebook on sex discrimination and the law, she worked on some sixty cases (depending on how one counts), including over two dozen cases in the Supreme Court. Rumor has it she did not sleep for ten years; her prodigious output gives the rumor some credence. Her impact on the law during that critical decade earned her the title "the Thurgood Marshall of the women's movement" …
Toward A New Age Of Consumer Access Rights: Creating Space In The Public Accommodation For The Lgbt Community,
2013
University of New Mexico School of Law
Toward A New Age Of Consumer Access Rights: Creating Space In The Public Accommodation For The Lgbt Community, Justin Muehlmeyer
Cardozo Journal of Equal Rights & Social Justice
The article advocates for an expanded interpretation of public accommodation laws to include LGBT individuals, arguing that current legal frameworks often fail to address their unique experiences of discrimination. It emphasizes the need to modernize the definition of public accommodations to encompass contemporary spaces where cultural interactions occur, such as schools and photography services, while proposing limited exemptions to accommodate religious beliefs. The analysis underscores the ongoing tension between anti-discrimination laws and First Amendment rights, highlighting the human impact of these legal battles through compelling cases and statistics.
The New Voter Suppression: Why The Voting Rights Act Still Matters.,
2013
St. Mary's University
The New Voter Suppression: Why The Voting Rights Act Still Matters., Michael Ellement
The Scholar: St. Mary's Law Review on Race and Social Justice
The Voting Rights Act of 1965 drastically transformed the ability of African Americans to exercise their right to vote in the South. The most influential policy under the Act was Section Five. This section instituted a new system of review for voting procedure changes in states with a history of racial discrimination. States subject to this section of the Voting Rights Act must get preclearance by submitting any changes to their voting laws to the United States Department of Justice or to the Federal District Court in the District of Columbia. Any law not cleared will not go into effect. …
Tribal Rights, Human Rights,
2013
University of Colorado Law School
Tribal Rights, Human Rights, Kristen A. Carpenter, Angela R. Riley
Publications
No abstract provided.
Reimagining Democratic Inclusion: Asian Americans And The Voting Rights Act,
2013
University of Colorado Law School
Reimagining Democratic Inclusion: Asian Americans And The Voting Rights Act, Ming Hsu Chen, Taeku Lee
Publications
The current legal framework for protecting voting rights in the United States has been dramatically destabilized by Supreme Court decisions re-interpreting the protections against minority vote dilution and requires rethinking to survive modern challenges. At the same time, the nation has itself undergone dramatic changes in the racial composition of its polity and in the complexity and salience of race as a factor in political life. In this paper, we focus on a relatively unexamined constituent of this complex reality of modern racial diversity that illustrates some of the core features that all minority groups face in continuing VRA challenges: …
Casting Shadows: Fisher V. University Of Texas At Austin And The Misplaced Fear Of "Too Much" Diversity,
2013
University of Maryland Francis King Carey School of Law
Casting Shadows: Fisher V. University Of Texas At Austin And The Misplaced Fear Of "Too Much" Diversity, Susannah W. Pollvogt
Maryland Law Review Online
No abstract provided.
Parallel Investigations Between Administrative And Law Enforcement Agencies: A Question Of Civil Liberties,
2013
Florida A & M University College of Law
Parallel Investigations Between Administrative And Law Enforcement Agencies: A Question Of Civil Liberties, Shiv Narayan Persaud
Journal Publications
No abstract provided.
A History Of Struggle: Nccu Law Library,
2013
North Carolina Central University School of Law
A History Of Struggle: Nccu Law Library, Deborah Mayo Jefferies
A History of Struggle: NCCU Law Library
No abstract provided.
Asking The First Question: Reframing Bivens After Minneci,
2013
Yeshiva University, Cardozo School of Law
Asking The First Question: Reframing Bivens After Minneci, Alexander A. Reinert, Lumen N. Mulligan
Faculty Works
In Minneci v. Pollard, decided in January 2012, the Supreme Court refused to recognize a Bivens v. Six Unknown Federal Narcotics Agents suit against employees of a privately run federal prison because state tort law provided an alternative remedy, thereby adding a federalism twist to what had been strictly a separation-of-powers debate. In this Article, we show why this new state-law focus is misguided. We first trace the Court’s prior alternative-remedies-to-Bivens holdings, illustrating that this history is one narrowly focused on separation of powers at the federal level. Minneci’s break with this tradition raises several concerns. On a doctrinal level, …
The School-To-Prison Pipeline Tragedy On Montana's American Indian Reservations,
2013
Touro University Jacob D. Fuchsberg Law Center
The School-To-Prison Pipeline Tragedy On Montana's American Indian Reservations, Melina Healey
Scholarly Works
American Indian adolescents in Montana are caught in a school-to-prison pipeline. They are plagued with low academic achievement, high dropout, suspension and expulsion rates, and disproportionate contact with the juvenile and criminal justice systems. This phenomenon has been well documented in poor, minority communities throughout the country. But it has received little attention with respect to the American Indian population in Montana, for whom the problem is particularly acute. Indeed, the pipeline is uniquely disturbing for American Indian youth in Montana because this same population has been affected by another heartbreaking and related trend: alarming levels of adolescent suicides and …
From Antislavery Lawyer To Chief Justice: The Remarkable But Forgotten Career Of Salmon P. Chase,
2013
Georgetown University Law Center
From Antislavery Lawyer To Chief Justice: The Remarkable But Forgotten Career Of Salmon P. Chase, Randy E. Barnett
Georgetown Law Faculty Publications and Other Works
The name Salmon P. Chase is barely known and his career is largely forgotten. In this paper, the author seeks to revive his memory by tracing the arc of his career from antislavery lawyer, to antislavery politician, to Chief Justice of the United States. In addition to explaining why this is a career worth both remembering and honoring, the author offers some possible reasons why his remarkable achievements have largely been forgotten.
