Civil Rights Violations = Broken Windows: De Minimis Curet Lex,
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.,
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,
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 …
The Cross-Dressing Case For Bathroom Equality,
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,
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,
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,
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,
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,
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,
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.
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,
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,
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,
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 …
Probabilities In Probable Cause And Beyond: Statistical Versus Concrete Harms,
2010
Cornell Law School
Probabilities In Probable Cause And Beyond: Statistical Versus Concrete Harms, Sherry F. Colb
Cornell Law Faculty Publications
No abstract provided.
See No Evil - Revisiting Early Visions Of The Social Responsibility Of Business: Adolf A. Berle's Contribution To Contemporary Conversations,
2010
Boston University School of Law
See No Evil - Revisiting Early Visions Of The Social Responsibility Of Business: Adolf A. Berle's Contribution To Contemporary Conversations, Erika George
Faculty Scholarship
This Article situates Adolf A. Berle's contribution to the field of corporate law in the context of current debates over the alleged complicity of multinational corporations in international human rights violations. Specifically, this Article revisits some central insights offered by Berle and Gardiner C. Means in The Modern Corporation and Private Property and reconsiders what conducting business consciously across borders requires in the context of a governance gap generated by economic globalization. Further, this Article considers how both ownership and control are well situated to ensure that business conduct becomes better aligned with a growing consciousness that business organizations must …
Procedural Barriers To Civil Rights Litigation And The Illusory Promise Of Equity,
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.
Equally Insured? Lasting Insurance Industry Reform Came Only With A Rethinking Of Race,
2010
University of Richmond
Equally Insured? Lasting Insurance Industry Reform Came Only With A Rethinking Of Race, Mary L. Heen
Law Faculty Publications
Earlier this decade, some of America’s best-known life insurance companies quietly settled multimillion-dollar civil rights lawsuits challenging race-based life insurance rates and benefits. As a result, those companies closed a chapter of American economic history that began after the Civil War with the door-to-door marketing of small individual life insurance policies to poor workers, including former slaves, and their families. The closing of this chapter in history also marked the end of a form of Jim Crow race discrimination largely invisible to the American public.
Long-Overdue Reform Of D.C.'S Antediluvian Developmental Disabilities Law: From Forest Haven To The 21st Century,
2010
University of the District of Columbia
Long-Overdue Reform Of D.C.'S Antediluvian Developmental Disabilities Law: From Forest Haven To The 21st Century, Robert L. Burgdorf Jr.
University of the District of Columbia Law Review
No abstract provided.
Workplace Religious Discrimination,
2010
University of North Texas
Workplace Religious Discrimination, Rebecca Garnett, Joan M. Clay
Caesars Hospitality Research Summit
Legal cases of religious discrimination are on the rise, a 32.5% increase in claims between 1997 and 2007. Company dress codes are increasingly being challenged based on religious discrimination. This paper focuses on legal cases involving religious discrimination based on dress.
Supplemental Brief For Petitioner. Thompson V. North American Stainless, Lp, 562 U.S. 170 (2011) (No. 09-291), 2010 U.S. S. Ct. Briefs Lexis 2990,
2010
University of Washington School of Law
Supplemental Brief For Petitioner. Thompson V. North American Stainless, Lp, 562 U.S. 170 (2011) (No. 09-291), 2010 U.S. S. Ct. Briefs Lexis 2990, Eric Schnapper, David Suetholz
Court Briefs
No abstract provided.
