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Problems At Daubert: Expert Testimony In Title Vii Sex Discrimination And Sexual Harassment Litigation, Harriet M. Antczak 2010 Lambda Legal Defense & Education Fund, Inc.

Problems At Daubert: Expert Testimony In Title Vii Sex Discrimination And Sexual Harassment Litigation, Harriet M. Antczak

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.


Torch (September 2010), Brandon Baldwin, Civil Rights Team Project 2010 University of Southern Maine

Torch (September 2010), Brandon Baldwin, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

No abstract provided.


The Incompatability Of Competitive Majority-Minority Districts And Thornburg V. Gingles, Amy Rublin 2010 Duke University School of Law (Student)

The Incompatability Of Competitive Majority-Minority Districts And Thornburg V. Gingles, Amy Rublin

Buffalo Public Interest Law Journal

No abstract provided.


Defeating Health Disparities-A Property Interest Under The Patient Protection And Affordable Care Act Of 2010, Dayna Bowen Matthew 2010 University of Colorado Law School

Defeating Health Disparities-A Property Interest Under The Patient Protection And Affordable Care Act Of 2010, Dayna Bowen Matthew

West Virginia Law Review

No abstract provided.


Symposium: Introduction, Ann MacLean Massie 2010 Washington and Lee University School of Law

Symposium: Introduction, Ann Maclean Massie

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Civil Rights Violations = Broken Windows: De Minimis Curet Lex, Anita Bernstein 2010 Brooklyn Law School

Civil Rights Violations = Broken Windows: De Minimis Curet Lex, Anita Bernstein

Faculty Scholarship

No abstract provided.


Education And Minorities In The Modern Era: Working Civil Rights Into Practice, Policy, And Procedure., Albert H. Kauffman 2010 Saint Mary's University of San Antonio

Education And Minorities In The Modern Era: Working Civil Rights Into Practice, Policy, And Procedure., Albert H. Kauffman

The Scholar: St. Mary's Law Review on Race and Social Justice

Protecting, asserting, and guaranteeing the education rights of minority students will become even more important in the future. Different education civil rights have, in general, gone through four phases: (1) identification and recognition of the right; (2) strong legislative, judicial, and administrative enforcement of the right; (3) developed opposition to the right and judicial, legislative, and administrative inattention or opposition to dilute or ignore the right; and (4) changes in power and enforcement of the right depending on the approach of the courts and administrative agencies. These phases relate to school finance, Limited English Proficient (“LEP”) student instruction, accent discrimination, …


Racial Cartels, Daria Roithmayr 2010 University of Southern California Gould School of Law

Racial Cartels, Daria Roithmayr

Michigan Journal of Race and Law

This Article argues that we can better understand the dynamic of historical racial exclusion if we describe it as the anti-competitive work of "racial cartels." We can define racial cartels to include a range of all-White groups - homeowners' associations, school districts, trade unions, real estate boards and political parties - who gained signficant social, economic and political profit from excluding on the basis of race. Far from operating on the basis of irrational animus, racial cartels actually derived significant profit from racial exclusion. By creating racially segmented housing markets, for example, exclusive White homeowners' associations enjoyed higher property values …


Traveling Concepts: Substantive Equality On The Road, Susanne Baer 2010 University of Michigan Law School

Traveling Concepts: Substantive Equality On The Road, Susanne Baer

Articles

Ideas travel. Even legal concepts migrate on the globe. However, it is a contested issue whether migration is a good idea. We may enjoy traveling ourselves, but many people in the world of law are somewhat worried if we take legal baggage along. Some claim that legal baggage never arrives at its destination and challenge the very possibility of what some call a legal transplant. Others claim that we already live in transnational legal contexts, while still others claim that migration occurs, and that modifies each legal concept on the road in rather significant ways, which may render the project …


The Cross-Dressing Case For Bathroom Equality, Jennifer Levi, Daniel Redman 2010 Seattle University School of Law

The Cross-Dressing Case For Bathroom Equality, Jennifer Levi, Daniel Redman

Seattle University Law Review

While transgender rights advocates have won many battles in the fight for equality, bathroom discrimination remains a significant obstacle to transgender people’s full participation in society. This Article discusses the reasoning behind the cases that have rejected transgender people’s discrimination claims based on bathroom exclusion. The Article then demonstrates how these arguments mirror the rationales offered by supporters of long-dead, unconstitutional cross-dressing laws. Synthesizing the two bodies of case law, Levi and Redman offer a new way forward for transgender advocates seeking bathroom equality.


Fait Accompli?: Where The Supreme Court And Equal Pay Meet A Narrow Legislative Override Under The Lilly Ledbetter Fair Pay Act, Megan Coluccio 2010 Seattle University School of Law

Fait Accompli?: Where The Supreme Court And Equal Pay Meet A Narrow Legislative Override Under The Lilly Ledbetter Fair Pay Act, Megan Coluccio

Seattle University Law Review

This Comment argues the Lilly Ledbetter Fair Pay Act’s consequences will be minimally felt, so long as the Act is narrowly construed. The Comment suggests congressional action was appropriate after the Supreme Court’s Ledbetter decision and discusses the political and legislative debate leading to the Act. In addition, the Comment analyzes the Act in application, exploring its meaning, implications, and function. The Comment argues that the concerns and consequences arising from the enactment of the Act can be alleviated and avoided by a narrow interpretation of its amendment to Title VII of the Civil Rights Act. Finally, the Comment recommends …


Book Review, Margot Canaday, The Straight State: Sexuality And Citizenship In Twentieth-Century America, Michael Boucai 2010 University at Buffalo School of Law

Book Review, Margot Canaday, The Straight State: Sexuality And Citizenship In Twentieth-Century America, Michael Boucai

Book Reviews

No abstract provided.


Remarks At Memorial Service For The Honorable Morris E. Lasker, U.S. District Court, Southern District Of New York, Nicholas A. Robinson 2010 Elisabeth Haub School of Law at Pace University

Remarks At Memorial Service For The Honorable Morris E. Lasker, U.S. District Court, Southern District Of New York, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

No abstract provided.


Remarks At Memorial Service For The Honorable Morris E. Lasker, U.S. District Court, Southern District Of New York, Michael B. Mushlin 2010 Elisabeth Haub School of Law at Pace University

Remarks At Memorial Service For The Honorable Morris E. Lasker, U.S. District Court, Southern District Of New York, Michael B. Mushlin

Elisabeth Haub School of Law Faculty Publications

No abstract provided.


Discretionary Pricing, Mortgage Discrimination, And The Fair Housing Act, Robert G. Schwemm, Jeffrey L. Taren 2010 University of Kentucky College of Law

Discretionary Pricing, Mortgage Discrimination, And The Fair Housing Act, Robert G. Schwemm, Jeffrey L. Taren

Law Faculty Scholarly Articles

For generations, mortgage lending has always been the gateway to the American dream of homeownership, and, historically, has also been characterized by widespread discrimination against racial and ethnic minorities and their communities. Mortgage discrimination in the modem era has often been accomplished through a technique known as discretionary pricing, in which lenders allow their loan officers and brokers to increase borrowers' costs from an objectively determined base rate. In the past decade alone, discretionary pricing has cost minority homeowners billions of dollars in extra payments, which, in tum, has led these minorities to suffer higher foreclosure rates than whites and …


Accounting For Historical Forces In The Effort To Align Law With Science, Derek W. Black 2010 University of South Carolina - Columbia

Accounting For Historical Forces In The Effort To Align Law With Science, Derek W. Black

Faculty Publications

No abstract provided.


Procedural Barriers To Civil Rights Litigation And The Illusory Promise Of Equity, Alexander A. Reinert 2010 Benjamin N. Cardozo School of Law

Procedural Barriers To Civil Rights Litigation And The Illusory Promise Of Equity, Alexander A. Reinert

Articles

No abstract provided.


Employment Discrimination - In Vitro Fertilization And The Pregnancy Discrimination Act Of 1978: How Far Can The Courts Expand The Coverage Of The Pda To Protect Reproductive Technology, Justin A. Hinton 2010 University of Arkansas Little Rock

Employment Discrimination - In Vitro Fertilization And The Pregnancy Discrimination Act Of 1978: How Far Can The Courts Expand The Coverage Of The Pda To Protect Reproductive Technology, Justin A. Hinton

University of Arkansas at Little Rock Law Review

No abstract provided.


Employment Discrimination, Peter Reed Corbin, John E. Duvall 2010 Mercer University School of Law

Employment Discrimination, Peter Reed Corbin, John E. Duvall

Mercer Law Review

The United States Supreme Court continued to be extremely active in the realm of employment discrimination during the 2009 survey period. The Court decided five significant employment cases during 2009. Perhaps the most significant was the decision in Gross v. FBL Financial Services, Inc., in which the Court handed employers a huge victory as to the burden of proof necessary to establish age discrimination claims pursuant to the Age Discrimination in Employment Act of 1967 (ADEA). On the other hand, employees were the clear winner in Crawford v. Metropolitan Government of Nashville, in which the Court expanded the …


Citizen Police: Using The Qui Tam Provision Of The False Claims Act To Promote Racial And Economic Integration In Housing, Jan P. Mensz 2010 University of Michigan Law School

Citizen Police: Using The Qui Tam Provision Of The False Claims Act To Promote Racial And Economic Integration In Housing, Jan P. Mensz

University of Michigan Journal of Law Reform

Economic and racial integration in housing remains elusive more than forty years after the passage of the Fair Housing Act. Recalcitrant municipal governments and exclusionary zoning ordinances have played a large role in maintaining and exacerbating segregated housing patterns. After discussing some of the persistent causes of segregated housing patterns, this Note presents a novel approach to enforcing the Fair Housing Act and the "affirmatively furthering fair housing" requirement on recipients of federal housing grants. This Note presents a citizen suit that emerged from the Southern District of New York in Anti-Discrimination Center v. Westchester County, where a private …


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