Civil Rights and Discrimination Commons^™

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 …

Paper Thin: Freedom And Re-Enslavement In The Diaspora Of The Haitian Revolution, Rebecca J. Scott

Articles

In the summer of 1809 a flotilla of boats arrived in New Orleans carrying more than 9,000 Saint-Domingue refugees recently expelled from the Spanish colony of Cuba. These migrants nearly doubled the population of New Orleans, renewing its Francophone character and populating the neighborhoods of the Vieux Carre and Faubourg Marigny. At the heart of the story of their disembarkation, however, is a legal puzzle. Historians generally tell us that the arriving refugees numbered 2,731 whites, 3,102 free people of color, and 3,226 slaves. But slavery had been abolished in Saint-Domingue by decree in 1793, and abolition had been ratified …

Slavery And The Law In Atlantic Perspective: Jurisdiction, Jurisprudence, And Justice, Rebecca J. Scott

Articles

The four articles in this special issue experiment with an innovative set of questions and a variety of methods in order to push the analysis of slavery and the law into new territory. Their scope is broadly Atlantic, encompassing Suriname and Saint-Domingue/Haiti, New York and New Orleans, port cities and coffee plantations. Each essay deals with named individuals in complex circumstances, conveying their predicaments as fine-grained microhistories rather than as shocking anecdotes. Each author, moreover, demonstrates that the moments when law engaged slavery not only reflected but also influenced larger dynamics of sovereignty and jurisprudence.

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.

Mancession Or "Momcession"?: Good Providers, A Bad Economy, And Gender Discrimination, Joan C. Williams, Allison Tait

Faculty Scholarship

No abstract provided.

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 …

Similarly Situated, Giovanna Shay

Faculty Scholarship

In recent marriage equality litigation, opponents of same-sex marriage have argued that gay and straight couples are not “similarly situated” with respect to the purposes of the marriage statutes. Courts in Iowa,Connecticut, and California have rejected these arguments (although the California result was overturned by Proposition 8, which itself was invalidated by a district court as this Article was being written). The Iowa and California courts also questioned the structure of the “similarly situated” analysis asserted by the opponents. Marriage equality opponents in those states pressed a “threshold”-type similarly situated analysis.Under this scheme, if the two groups are not similarly …

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.

Shotguns,Weddings, And Lunch Counters: Why Cultural Frames Matter To Constitutional Law, Anders Walker

All Faculty Scholarship

Though most constitutional scholars celebrate the civil rights movement, few have asked whether and to what extent the movement relates to current efforts of constitutional reform. Yet, the rise of direct action in the 1960s marked a bold realignment of the collective action, social movement frames of the civil rights struggle, a movement that has direct relevance to current constitutional battles, particularly over marriage and guns. As this Article will show, both the constitutional challenge to gun bans in Illinois and the constitutional challenge to California’s same-sex marriage ban have dealt with issues of frame alignment similar to those confronted …

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.