After Unitary Status: Examining Voluntary Integration Strategies For Southern School Districts,
2010
University of South Carolina - Columbia
After Unitary Status: Examining Voluntary Integration Strategies For Southern School Districts, Danielle R. Holley-Walker
Faculty Publications
This Article provides empirical data on student assignment plans that are currently being used by Southern school districts that have recently attained unitary status. As the facts of Parents Involved in Community Schools demonstrate, Southern school districts will likely continue to be at the forefront of the struggle over voluntary integration efforts. Many Southern school districts are being released from desegregation orders that allowed the district to use race-conscious remedies to address previous de jure racial segregation. Without those court orders, the school district is faced with a choice about whether to continue to make racial integration a priority and …
The Consequences Of Congress's Choice Of Delegate: Judicial And Agency Interpretations Of Title Vii,
2010
Vanderbilt University Law School
The Consequences Of Congress's Choice Of Delegate: Judicial And Agency Interpretations Of Title Vii, Margaret H. Lemos
Vanderbilt Law Review
Although Congress delegates lawmaking authority to both courts and agencies, we know remarkably little about the determinants-and even less about the consequences-of the choice between judicial and administrative process. The few scholars who have sought to understand the choice of delegate have used formal modeling to illuminate various aspects of the decision from the perspective of the enacting Congress. That approach yields useful insight into the likely preferences of rational legislators, but tells us nothing about how (or whether) those preferences play out in the behavior of courts and agencies. Without such knowledge, we have no way of testing the …
A Miscarriage Of Justice:
Pregnancy Discrimination In Sectarian
Schools,
2010
Washington and Lee University School of Law
A Miscarriage Of Justice: Pregnancy Discrimination In Sectarian Schools, Lauren E. Fisher
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Unsteady On Its Feet: Sobriety Checkpoint
Reasonableness,
2010
Washington and Lee University School of Law
Unsteady On Its Feet: Sobriety Checkpoint Reasonableness, Michael F. Lotito
Washington and Lee Law Review
No abstract provided.
Unlocking The Power Of State Constitutions With Equal Protection: The First Step Toward Education As A Federally Protected Right,
2010
University of South Carolina - Columbia
Unlocking The Power Of State Constitutions With Equal Protection: The First Step Toward Education As A Federally Protected Right, Derek W. Black
William & Mary Law Review
This Article analyzes the intersection of state constitutional law right at stake and the responsibility for enforcing it. Thus, the scrutiny of this right under federal equal protection would be far different than it was just a few decades ago. Given the states’ weakened ability to enforce these rights, the future of education equity depends on federal intervention. with federal equal protection, revealing how federal equal protection, by relying on state constitutional education standards, can force states to further equalize and increase the resources available to struggling schools. It begins by exploring the extent of inequality and inadequacy in our …
The Vote From Beyond The Grave,
2010
William & Mary Law School
The Vote From Beyond The Grave, Krysta R. Edwards
William & Mary Law Review
No abstract provided.
Preempting Discrimination: Lessons From The Genetic Information Nondiscrimination Act,
2010
Vanderbilt University Law School
Preempting Discrimination: Lessons From The Genetic Information Nondiscrimination Act, Jessica L. Roberts
Vanderbilt Law Review
The Genetic Information Nondiscrimination Act ("GINA'), enacted in May 2008, protects individuals against discrimination by insurance companies and employers on the basis of genetic information. GINA is not only the first civil rights law of the new millennium, but it is also the first preemptive antidiscrimination statute in American history. Traditionally, Congress has passed retrospective antidiscrimination legislation, reacting to existing discriminatory regimes. However, little evidence indicates that genetic-information discrimination is currently taking place on a significant scale. Thus, unlike the laws of the twentieth century, GINA attempts to eliminate a new brand of discrimination before it takes hold. This Article …
Juror Testimony Of Racial Bias In Jury Deliberations:
United States V. Benally And The Obstacle Of Federal
Rule Of Evidence 606(B) ,
2010
Brigham Young University Law School
Juror Testimony Of Racial Bias In Jury Deliberations: United States V. Benally And The Obstacle Of Federal Rule Of Evidence 606(B) , Brandon C. Pond
BYU Law Review
No abstract provided.
Section 8, Source Of Income Discrimination, And Federal Preemption: Setting The Record Straight,
2010
Benjamin N. Cardozo School of Law
Section 8, Source Of Income Discrimination, And Federal Preemption: Setting The Record Straight, Jenna Bernstein
Cardozo Law Review
No abstract provided.
Measuring The Success Of Bivens Litigation And Its Consequences For The Individual Liability Model,
2010
Benjamin N. Cardozo School of Law
Measuring The Success Of Bivens Litigation And Its Consequences For The Individual Liability Model, Alexander A. Reinert
Articles
In Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U. S. 388 (1971), the Supreme Court held that the Federal Constitution provides a cause of action in damages for violations of the Fourth Amendment by individual federal officers. The so-called "Bivens "cause of action—initially extended to other constitutional provisions and then sharply curtailed over the past two decades—has been a subject of controversy among academics and judges since its creation. The most common criticism of Bivens—one that has been repeated in different venues for thirty years— is that the Court's individual liability model, in …
Cause And Conviction: The Role Of Causation In Section 1983 Wrongful Conviction Claims,
2010
Villanova University School of Law
Cause And Conviction: The Role Of Causation In Section 1983 Wrongful Conviction Claims, Teressa E. Ravenell
Working Paper Series
The United States criminal justice system convicts, incarcerates, and, in some instances, executes people for crimes of which they are innocent. Although wrongful convictions may be an inevitable consequence of our criminal justice system, it would seem that a person wrongly deprived of his liberty is entitled to a civil remedy to compensate for the mistakes of the criminal system. Yet persons wrongly convicted of crimes who bring actions under 42 U.S.C. section 1983 for an erroneous arrest, detention, or conviction are often denied monetary compensation.
This Article considers the role of causation in section 1983 wrongful conviction cases. Although …
Postcard: Fifty Years Later, Revisiting Ax Handle Saturday In Jacksonville, Florida,
2010
University of North Florida
Postcard: Fifty Years Later, Revisiting Ax Handle Saturday In Jacksonville, Florida
Textual material from the Rodney Lawrence Hurst, Sr. Papers
Invitation to a reception honoring Mr. Rodney L. Hurst, Sr. on Tuesday, February 9th, 2010. At the Lufrano Intercultural Gallery. University of North Florida Student Union. Folder 3
Program: Jacksonville District Celebrates Black History Month,
2010
University of North Florida
Program: Jacksonville District Celebrates Black History Month
Textual material from the Rodney Lawrence Hurst, Sr. Papers
Program in celebration of Black History Month and Black Economic Empowerment. February 4, 2010
Torch (February 2010),
2010
University of Southern Maine
Torch (February 2010), Brandon Baldwin, Civil Rights Team Project
Torch: The Civil Rights Team Project Newsletter
No abstract provided.
Perfectionism And Maximum Consciousness In Anti-Discrimination Law: A Tribute To Judge Betty B. Fletcher,
2010
University of Washington School of Law
Perfectionism And Maximum Consciousness In Anti-Discrimination Law: A Tribute To Judge Betty B. Fletcher, Norman W. Spaulding
Washington Law Review
What follows is a speech on the significance of Judge Betty Binns Fletcher’s opinions in the area of race and anti-discrimination law delivered at the University of Washington School of Law’s symposium, A Tribute to the Honorable Betty Binns Fletcher, honoring Judge Fletcher’s thirtieth year on the bench. I argue that, in an era when the Supreme Court has increasingly refused to recognize anti-discrimination claims, Judge Fletcher’s intensely fact-sensitive method of deciding such cases is as important as the results she has reached. Against the Supreme Court’s perfectionist jurisprudence, predicated on the assumption that by excising race from law, …
Subverting Rule 56? Mcdonnell Douglas, White V. Baxter Healthcare Corp., And The Mess Of Summary Judgement In Mixed-Motive Cases,
2010
William & Mary Law School
Subverting Rule 56? Mcdonnell Douglas, White V. Baxter Healthcare Corp., And The Mess Of Summary Judgement In Mixed-Motive Cases, Christopher J. Emden
William & Mary Business Law Review
No abstract provided.
Table Of Contents (Vol. 16, No. 2),
2010
William & Mary Law School
Table Of Contents (Vol. 16, No. 2)
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Privacy And Domestic Violence In Court,
2010
William & Mary Law School
Privacy And Domestic Violence In Court, Rebecca Green
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Abortion, The Undue Burden Standard, And The Evisceration Of Women's Privacy,
2010
William & Mary Law School
Abortion, The Undue Burden Standard, And The Evisceration Of Women's Privacy, Caitlin E. Borgmann
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Taxation, Pregnancy, And Privacy,
2010
William & Mary Law School
Taxation, Pregnancy, And Privacy, Bridget J. Crawford
William & Mary Journal of Race, Gender, and Social Justice
This Article frames a discussion of surrogacy within the context of existing income tax laws. A surrogate receives money for carrying and bearing a child. This payment is income by any definition, even if the surrogacy contract recites that it is a “reimbursement.” Cases and rulings on the income tax consequences of the sale of blood and human breast milk, as well as analogies to situations in which people are paid to wear advertising on their bodies, support the conclusion that a surrogate recognizes taxable income, although the Internal Revenue Service has never stated so. For tax purposes, the reproductive …
