The Role Of Race In End-Of-Life Care, 2012 University of Maryland Francis King Carey School of Law
The Role Of Race In End-Of-Life Care, Barbara A. Noah
Journal of Health Care Law and Policy
No abstract provided.
Torch (January/February 2012), 2012 University of Southern Maine
Torch (January/February 2012), Brandon Baldwin, Civil Rights Team Project
Torch: The Civil Rights Team Project Newsletter
No abstract provided.
Discrimination Under A Description, 2012 Suffolk University Law School
Discrimination Under A Description, Patrick S. Shin
Georgia Law Review
Discrimination Under a Description .......................... Patrick S. Shin 1
In debates about the permissibility of certain kinds of
differential treatment, our judgments often seem to depend
on how to conduct in question is described. For example,
legal prohibitions on same-sex marriage seem clearly
impermissible insofar as they can be described as a form of
sex discrimination, less clearly so, at least under federal
law, if described simply as sexual-orientation
discrimination, and arguably not discriminatory at all
insofar as they constitute a universally imposed disability
on marryingwithin one's own sex. It seems, in other words,
that the prohibitionof same-sex marriage constitutes …
A New Era For Desegregation, 2012 University of South Carolina - Columbia
A New Era For Desegregation, Danielle R. Holley-Walker
Faculty Publications
No abstract provided.
A New Sheriff In Town: Armistice In The War On Drugs And Students' Civil Rights, 2012 Valparaiso University School of Law
A New Sheriff In Town: Armistice In The War On Drugs And Students' Civil Rights, Susan P. Stuart
Law Faculty Publications
No abstract provided.
Educating English Learners: Reconciling Bilingualism And Accountability, 2012 St. John's University School of Law
Educating English Learners: Reconciling Bilingualism And Accountability, Rosemary C. Salomone
Faculty Publications
(Excerpt)
In late July 2011, an estimated 5,000 individuals converged on Washington, D.C., to protest the direction of state and federal education policy. Fueled by social media, the Save Our Schools March and National Call to Action was a grassroots effort organized largely by teachers, with principals, school board members, and activists lending support. Featured speakers included prominent education figures, like historian Diane Ravitch and Jonathan Kozol, a former teacher known for his writings on school inequalities. Specific points of contention focused on high stakes testing and test-based accountability, key elements in the Obama Administration’s Blueprint for Reform and Race …
How Predatory Mortgage Lending Changed African American Communities And Families, 2012 St. John's University School of Law
How Predatory Mortgage Lending Changed African American Communities And Families, Cheryl L. Wade
Faculty Publications
(Excerpt)
This symposium focuses on efforts to reform the secondary mortgage market in the aftermath of the most potent economic downturn in U.S. history since The Great Depression. One question posed at the symposium in several forms was whether low-income Americans should be encouraged to own a home. Implicit in this question is the idea that low-income homebuyers were responsible for the losses that investors in mortgage-backed securities incurred. This question is part of a familiar narrative: investors in mortgage-backed securities suffered, and the economy suffered, because low-income homebuyers defaulted. My essay, however, looks beyond the alleged irresponsibility of homebuyers …
The Terms Of The Debate: Litigation, Argumentative Strategies, And Coalitions In The Same-Sex Marriage Struggle, 2012 Florida State University College of Law
The Terms Of The Debate: Litigation, Argumentative Strategies, And Coalitions In The Same-Sex Marriage Struggle, Mary Ziegler
Scholarly Publications
Why, in the face of ongoing criticism, do advocates of same-sex marriage continue to pursue litigation? Recently, Perry v. Schwarzenegger, a challenge to California’s ban on same-sex marriage, and Gill v. Office of Personnel Management, a lawsuit challenging section three of the federal Defense of Marriage Act, have created divisive debate. Leading scholarship and commentary on the litigation of decisions like Perry and Gill have been strongly critical, predicting that it will produce a backlash that will undermine the same-sex marriage cause.
These studies all rely on a particular historical account of past same-sex marriage decisions and their …
Riding Into The Sunset In A "Post-Racial" World: Lessons In Equal Educational Opportuity And College Admissions Schemes In France And The United States, 2012 University of Akron School of Law
Riding Into The Sunset In A "Post-Racial" World: Lessons In Equal Educational Opportuity And College Admissions Schemes In France And The United States, Kristen Barnes
Kristen Barnes
The purpose of this paper is to evaluate and compare two strategies designed to promote ethno-racial inclusion that were initiated in France and the United States in the context of higher education. In particular, I examine the Priority Education Agreements Program or CEP, an innovative affirmative action program which was implemented in 2001 by the Sciences Po, one of France’s elite universities, in relation to the Texas Ten Percent Plan that was established in 1997 in the United States by the State of Texas.
Sections I and II of this paper will provide the historical and social contexts in which …
The Thirteenth Amendment And Pro-Equality Speech, 2012 University of PIttsburgh School of Law
The Thirteenth Amendment And Pro-Equality Speech, William M. Carter Jr.
Articles
The Thirteenth Amendment’s Framers envisioned the Amendment as providing federal authority to eliminate the “badges and incidents of slavery.” The freemen and their descendants are the most likely to be burdened with the effects of stigma, stereotypes, and structural discrimination arising from the slave system. Because African Americans are therefore the most obvious beneficiaries of the Amendment’s promise to eliminate the legacy of slavery, it is often mistakenly assumed that federal power to eradicate the badges and incidents of slavery only permits remedies aimed at redressing the subordination of African Americans. While African Americans were the primary victims of slavery …
"The Good Mother": Mothering, Feminism, And Incarceration, 2012 Touro Law Center
"The Good Mother": Mothering, Feminism, And Incarceration, Deseriee A. Kennedy
Scholarly Works
As the rates of incarceration continue to rise, women are increasingly subject to draconian criminal justice and child welfare policies that frequently result in the loss of their parental rights. The intersection of an increasingly carceral state and federally imposed timelines for achieving permanency for children in state care has had a negative effect on women, their children, and their communities. Women, and their ability to parent, are more adversely affected by the intersection of these gender-neutral provisions because they are more likely than men to be the primary caretaker of their children. In addition, incarcerated women have higher rates …
Breaking The Cycle Of ‘Unequal Treatment’ With Health Care Reform: Acknowledging And Addressing The Continuation Of Racial Bias, 2012 Case Western Reserve University School of Law
Breaking The Cycle Of ‘Unequal Treatment’ With Health Care Reform: Acknowledging And Addressing The Continuation Of Racial Bias, Ruqaiijah Yearby
Faculty Publications
Since the Civil War access to health care in the United States has been racially unequal. This racially unequal access to health care remains even after the passage of Title VI of the Civil Rights Act of 1964 ("Title VI") and the election of an African-American President. Both of these events held the promise of equality, yet the promise has never been fulfilled. Now, many hail the passage of the Patient Protection and Affordable Health Care Act ("ACA") as the biggest governmental step in equalizing access to health care because it has the potential to increase minority access to health …
David Baldus And The Legacy Of Mccleskey V. Kemp, 2012 University of Michigan Law School
David Baldus And The Legacy Of Mccleskey V. Kemp, Samuel R. Gross
Articles
The first major empirical challenge to racial discrimination in the use of the death penalty in the United States was presented in federal court in the case of William L. Maxwell, who was sentenced to death in Arkansas in 1962 for the crime of rape.1 It was based on a landmark study by Marvin Wolfgang, a distinguished criminologist who had collected data on some 3000 rape convictions from 1945 through 1965 in selected counties across eleven southern states.2 He found that black men who were convicted of rape were seven times more likely to be sentenced to death than white …
Not The Marrying Kind: A Feminist Critique Of Same-Sex Marriage/Reconstructing Marriage: The Legal Status Of Relationships In A Changing Society (Book Review), 2012 Brooklyn Law School
Not The Marrying Kind: A Feminist Critique Of Same-Sex Marriage/Reconstructing Marriage: The Legal Status Of Relationships In A Changing Society (Book Review), Yuvraj Joshi
Faculty Scholarship
No abstract provided.
Notes Toward A Critical Contemplation Of Law, 2012 Fordham University School of Law
Notes Toward A Critical Contemplation Of Law, Sonia K. Katyal
Faculty Scholarship
In this tribute to Professor Derrick Bell’s legacy, Professor Katyal reflects on one of Bell’s greatest gifts: the necessary, and perhaps unfinished gift of critical contemplation of law, along with its possibilities and its concomitant limitations. In her paper, Katyal reflects on two seemingly disparate areas of civil rights that might benefit from Bell’s critical vision: the area of LGBT rights and equality, and federal Indian law. Relying on some of Bell’s most valuable insights, Katyal calls for the creation of a “critical sexuality studies” and a “critical indigenous studies” that employs some of Bell’s groundbreaking lessons in reimagining broader …
Soul Of A Woman: The Sex Stereotyping Prohibition At Work, 2012 Northwestern University School of Law
Soul Of A Woman: The Sex Stereotyping Prohibition At Work, Kimberly A. Yuracko
Faculty Working Papers
In 1989 the Supreme Court in Price Waterhouse v. Hopkins declared that sex stereotyping was a prohibited from of sex discrimination at work. This seemingly simple declaration has been the most important development in sex discrimination jurisprudence since the passage of Title VII. It has been used to extend the Act's coverage and protect groups that were previously excluded. Astonishingly, however, the contours, dimensions and requirements of the prohibition have never been clearly articulated by courts or scholars. In this paper I evaluate four interpretations of what the sex stereotyping prohibition might mean in order to determine what it actually …
Taking In Strays: A Critique Of The Stray Comment Doctrine In Employment Discrimination Law, 2012 Florida International University College of Law
Taking In Strays: A Critique Of The Stray Comment Doctrine In Employment Discrimination Law, Kerri Lynn Stone
Faculty Publications
This Article traces the genesis of this misguided doctrine, its proliferation, and it’s many flaws. It explains what the doctrine has come to mean and which facets of a comment can render it “stray” as a matter of law. Part II evaluates this unwieldy and untenable doctrine and its haphazard and misguided application over the past two decades. Specifically, it was never intended to be a formal doctrine. As employed by courts, the term “stray” means too many things and is too ambiguous for the doctrine to be coherent or effective. Moreover, courts ascribe varying degrees of significance to the …
Supercolleague, 2012 Seattle University School of Law
Supercolleague, Margaret Chon
Faculty Articles
This memorial tribute to the late Keith Aoki traces the impact of his overlapping activities as an artist, warrior, and mentor, particularly in the area of Asian-American jurisprudence.
Centennial Reflections On The California Law Review'S Scholarship On Race: The Structure Of Civil Rights Thought, 2012 Seattle University School of Law
Centennial Reflections On The California Law Review'S Scholarship On Race: The Structure Of Civil Rights Thought, Richard Delgado
Faculty Articles
The author reviews one hundred years of the California Law Review's rich body of scholarship on race and civil rights in an effort to discern its general direction and contours. Discerning two broad paradigms--a black-white binary of race and a liberty-equality divide--he notes that the two not only have been emerging in roughly the same period but are beginning to occupy the same territory. After describing the two paradigms and explaining their origin and operation, he puts forward a prediction for what their convergence may portend for the future of civil rights thought.
Naim V. Naim, 2012 Seattle University School of Law
Naim V. Naim, Richard Delgado
Faculty Articles
Part of a law review symposium on the worst Supreme Court cases, this essay nominates Naim v. Naim, in which the Court declined to review a Virginia antimiscegenation law, postponing action in this area for over a dozen years. This article argues that the Court's reluctance to enter this arena was unfortunate, short-sighted, and cruel; and that we might be a different nation if the Supreme Court had been less concerned about appearances and more about doing the right thing in 1955.