Civil Rights and Discrimination Commons^™

Serving 99 To 149 Years For Wearing Butt-Huggers And Resisting To Subscribe To Cable Tv: The Presence Of The Law In Chicano Theatre, Maria Patrice Amon

Studio for Law and Culture

In the canon of Chicano theatre, the law holds a prominent role; the relationship between Chicanos and the law is a theme explored widely across Chicano theatre in both comedy and tragedy. This paper discusses how the comedy of Chicano theatre conceals the insidiousness of unchallenged racial stereotypes and acts as a safety valve to release the pressures of an abjected community. Yet, where comedy conceals the structure of abjection, drama critically challenges the status quo Chicano drama is capable of questioning the authority of the dominant hegemony over the cultures it oppresses. Beginning from a framing of the law …

America's "Dirty Little Secret": Domestic Sex Trafficking Of Minors And A Call For State Action, Caitlin Casey

Public Interest Law Reporter

No abstract provided.

Fragmented Lives: Disability Discrimination And The Role Of "Environment-Framing", Ani B. Satz

Faculty Articles

This Article presents a novel theory that courts undermine the purpose of the Americans with Disabilities Act (ADA) by implicitly embracing environment-frames that disfavor disability protections. Courts employ environment-frames at two stages of judicial analysis under the Act: the disability eligibility and remedy stages. In determining whether a plaintiff is in the statutorily protected class, courts typically use a broad environment-frame to assess limitation of a "major life activity. " The larger the environment-frame, the more likely a court will view an individual as able to perform a major life activity in some portion of her environment and deny her …

An Equal Rights Amendment To Make Women Human, Ann Bartow

Elisabeth Haub School of Law Faculty Publications

Though the Fourteenth Amendment' provides women with partial legal armament (a dull sword, a small shield), equal protection requires something twice as powerful in the form of a Twenty-Eighth Amendment that would expressly vest women with equal rights under the law. The Fourteenth Amendment has completed only half of the job.

Smith And Women's Equality, Leslie C. Griffin

Scholarly Works

No abstract provided.

Ricci V. Destefano: Diluting Disparate Impact And Redefining Disparate Treatment, Ann C. Mcginley

Scholarly Works

Title VII of the Civil Rights Act of 1964 permits plaintiffs to bring discrimination cases under two different theories: disparate treatment, which requires a showing of the employer’s discriminatory intent, and disparate impact, which holds the employer liable absent intent to discriminate if it uses neutral employment policies or practices that have a disparate impact on a protected group. Ricci v. DeStefano significantly affects the interpretation of both of these theories of discrimination.

Ricci adopts a restrictive interpretation of the disparate impact theory that is inconsistent with Congressional intent and purpose, and signals that intentional discrimination is more important than …

Religion And Race: The Ministerial Exception Reexamined, Ian C. Bartrum

Scholarly Works

This essay is a contribution to the Northwestern University Law Review's colloquy on the ministerial exception, convened following the Supreme Court's decision to hear arguments in Hosanna-Tabor v. EEOC.

The author takes the opportunity to consider the (sometimes) competing constitutional values of racial equality and religious freedom. The author offers historical, ethical, and doctrinal arguments for the position that race must trump religion as a constitutional value when the two come into conflict. With this in mind, the author suggests that the ministerial exception should not shield religious employers from anti discrimination suits brought on the basis of race.

The Fred T. Korematsu Center For Law And Equality And Its Vision For Social Change, Robert S. Chang

Faculty Articles

The Fred T. Korematsu Center for Law and Equality at Seattle University School of Law takes its name and inspiration from Fred Korematsu. Entrusted with honoring and furthering his legacy, the Korematsu Center, although not speaking as or for him, constructs its identity through its activities as an actor in the legal community and more broadly in the public. The Korematsu Center is very self-consciously engaged in developing a distinct personality as a collective entity that exists not just as a collection of the individuals or projects within the center.

The Korematsu Center is constituted by its commitments, by what …

What Comes After Gender?, Robert S. Chang

Faculty Articles

A conference paper about postracialism and the end of gender as a social category in the U.S. as of June 2011 is presented. It discusses the management of diversity and the multiplicity of gender formations, as well as gender's role in social identity and the incorporation of masculine and feminine personal traits.

Living History Interview With Richard Delgado & Jean Stefancic, Richard Delgado, Jean Stefancic

Faculty Articles

One of the unique features of Transnational Law and Contemporary Problems ("TLCP") is the publication of a "Living History Interview" with a person of international accomplishment and renown. The Living History Interview complements the symposium format of TLCP by blending theory and practice, thus giving a practical perspective to the questions examined in the symposium. The purpose of the Living History Interview is to invite the responses of a prominent international scholar, jurist, or politician-not to explore his or her professional point of view, but to gain insight into his or her personal perspectives as shaped by historical events in …

Mancession Or Momcession? Good Providers, A Bad Economy, And Gender Discrimination, Allison Anna Tait

Law Faculty Publications

Against this backdrop of precarious and disappearing work, two new elements became important: who was out of work, and how those still employed were navigating bad jobs. These questions laid the foundation for a flood of stories concerning unemployment and bad employment. Unsurprisingly, gender played a leading role in the debates. This article will discuss these two concerns--employment and workplace discrimination-as they intersect with gender and gender stereotypes.

Wrongful Termination Claims In The Supreme Court Of Canada: Coming Up Short, Dianne Pothier

Dianne Pothier Collection

The author concludes that the Supreme Court of Canada's narrow interpretations in Wal-Mart and Honda undermine the purposes of collective bargaining and human rights legislation, respectively Wal-Mart involves an unfair labour practice complaint following the closing of a store in Jonquibre, Quebec. The author contests the analysis of the Supreme Court of Canada, as being far removed from the context of the real difficulties in dealing with determined anti-union employers, instead facilitating statutory evasion. Honda involves a claim for wrongful dismissal, where the issue at the Supreme Court of Canada level is one of remedy, premised on the dismissal amounting …

Getting To Stay: Clarifying Legal Treatment Of Improper Adoptions, Elena Schwieger

NYLS Law Review

No abstract provided.

People V. Guardino: Examined On Appeal In People V. Hecker, Luna Droubi

NYLS Law Review

No abstract provided.

Racial Profiling And Wisconsin's Mandatory Data Collection…Who's The Victim?, Saren Stiegel

Public Interest Law Reporter

No abstract provided.

Integration Proves Elusive, Challenging Under Cha's Plan For Transformation, Sheena Payne

Public Interest Law Reporter

No abstract provided.

Are You There, Mayor Emanuel? It's Me, Chicago Public Housing, Aileen Che

Public Interest Law Reporter

No abstract provided.

The Fight To Stay At Cabrini-Green, Emily Magnusen

Public Interest Law Reporter

No abstract provided.

It's More Than Ramps: Housing Accessibility For People With Disabilities, Kim Borowicz, Hillary Coustan

Public Interest Law Reporter

No abstract provided.

Sub-Minimum Wage Or Sub-Human? The Potential Impact On The Civil Rights Of People With Disabilities In Employment, Laura C. Hoffman

Public Interest Law Reporter

No abstract provided.