Discrimination Redefined,
2010
University of Nevada, Las Vegas -- William S. Boyd School of Law
Discrimination Redefined, Ann C. Mcginley
Scholarly Works
In this Response to Professor Natasha Martin's article Pretext in Peril, Professor Ann McGinley argues that courts' retrenchment in cases interpreting Title VII of the 1964 Civil Rights Act results from a narrow definition of discrimination that focuses on conscious, intentional discrimination. Increasingly social science research demonstrates that much disparate treatment occurs as a result of unconscious biases, but the courts' reluctance to consider this social science has led, in many cases, to a literal, narrow definition of “pretext." Moreover, she posits that the recent Supreme Court case of Ricci v. DeStefano redefines discrimination in an ahistorical and acontextual …
In Search Of The Reasonable Woman: Anti-Discrimination Rhetoric In The United States,
2010
University of Nevada, Las Vegas -- William S. Boyd School of Law
In Search Of The Reasonable Woman: Anti-Discrimination Rhetoric In The United States, Francis J. Mootz Iii
Scholarly Works
This article emerged from my participation in a Symposium addressing global perspectives on the topic, "Anti-Discrimination Discourse and Practices," sponsored by The Jean Monnet Chair of European Law at Cagliari University, Sardinia. The article examines the rhetorical development of the "reasonable woman" standard of hostile work environment sexual harassment under Title VII. I argue that the rhetorical framing of the standard has unnecessarily limited its impact, perhaps to the point of undermining its potential to radically revise our understanding of gender discrimination. I suggest how the rhetorical power of the standard might be recovered.
Ricci V. Destefano: A Masculinities Theory Analysis,
2010
University of Nevada, Las Vegas -- William S. Boyd School of Law
Ricci V. Destefano: A Masculinities Theory Analysis, Ann C. Mcginley
Scholarly Works
This Article applies masculinity theory to explore the aspects Ricci v. Destefano and its political reverberations. Empirical evidence showed that virtually all written tests have a disparate impact on minorities, that a neighboring city had reached less discriminatory results using a different weighting system, and that other fire departments used assessment centers to judge firefighters' qualifications for promotions. While the black male and all female firefighters were made invisible by the case and the testimony, the fact that Ricci's and Vargas' testimony lionized a particularly traditional form of heterosexual masculinity was also invisible. While the command presence required of a …
Reimagining Human Rights Law: Toward Global Regulation Of Transnational Corporations,
2010
University of Nevada, Las Vegas -- William S. Boyd School of Law
Reimagining Human Rights Law: Toward Global Regulation Of Transnational Corporations, Rachel J. Anderson
Scholarly Works
This article takes a new look at a perennial question of human rights: how to prevent corporate-related human rights abuses and provide remedies for victims. It argues that transnational corporations require specialized and targeted regulations and laws, and that the conflation of human rights law and international human rights law should be reversed to allow the advancement of other forms of human rights law. It makes two proposals. First, reimagine human rights law and international human rights law as separate categories. Specifically, classify international human rights law as a sub-category of human rights law. This distinction highlights the need to …
Promoting Distributional Equality For Women: Some Thoughts On Gender And Global Corporate Citizenship In Foreign Direct Investment,
2010
University of Nevada, Las Vegas -- William S. Boyd School of Law
Promoting Distributional Equality For Women: Some Thoughts On Gender And Global Corporate Citizenship In Foreign Direct Investment, Rachel J. Anderson
Scholarly Works
This essay applies a legal theory of global corporate citizenship to the question of women’s distributional equality in foreign direct investment. It proposes ways that a legal theory of mandatory global corporate citizenship can expand the ways we think about regulating transnational corporations and promoting gender equality.
Keynote Address,
2010
Seattle University School of Law
Keynote Address, Dean Spade
Faculty Articles
This article challenges the traditional methods taken by progressive lawyers and activists. It argues that superficial changes to a marginalizing system simply create “window dressing” that serves to reinforce the status quo. This article is a provocative call to radicalize legal practice, to be critical of all movements, and always question who is being excluded. It highlights that what may appear like making things better may actually be a contribution to the legitimization of the system that one intends to challenge.
Intent And Empirics: Race To The Subprime,
2010
University of Richmond
Intent And Empirics: Race To The Subprime, Carol N. Brown
Law Faculty Publications
The United States’ history of racially discriminatory banking, housing, and property policies created a community of black Americans accustomed to exploitative financial services and vulnerable to victimization by subprime lenders. My thesis is that black borrowers are experiencing a new iteration of intentional housing discrimination in the twentieth and twenty-first centuries; lenders identified a vulnerable 'emerging market' of black homeowners and borrowers and knowingly targeted them to receive subprime or predatory loan products when equally situated white borrowers were given superior, prime mortgage products. This Article explores how disparate lending practices coupled with banking deregulation undermined the Congressional push for …
Women And Subprime Lending: An Essay Advocating Self-Regulation Of The Mortgage Lending Industry,Symposium On Law As Transformative Agent: Thinking And Doing Law In New Categories,
2010
University of Richmond
Women And Subprime Lending: An Essay Advocating Self-Regulation Of The Mortgage Lending Industry,Symposium On Law As Transformative Agent: Thinking And Doing Law In New Categories, Carol N. Brown
Law Faculty Publications
The subsequent national mortgage foreclosure crisis that seemed almost 5 uncontrollable by 2007 ignited a mortgage-related financial crisis that affected the global market place. News media, business reports, government investigations, 6 regulatory inquiries, and citizen suits focused national attention on the housing crisis and the problems attending what soon came to be known as the “mortgage meltdown.” A dual mortgage market had emerged in which subprime lending 7 disproportionately affected minorities (particularly blacks and Hispanics), women, and the elderly.8 Evidence of the disparate impact felt by certain minority borrowers is abundant and the evidence of gender disparities in subprime lending …
Title Vii Antiretaliation: The United States Supreme Court's Decision In Crawford V. Metropolitan Government Of Nashville &(And) Davidson County, Tennessee On The Scope Of The Opposition Clause,
2010
University of Richmond
Title Vii Antiretaliation: The United States Supreme Court's Decision In Crawford V. Metropolitan Government Of Nashville &(And) Davidson County, Tennessee On The Scope Of The Opposition Clause, Ryan Nevin
Richmond Public Interest Law Review
This Note discusses the interpretation of the opposition clause within Title VII of the Civil Rights Act of 1964 in the context of Crawford v. Metropolitan Government of Nashville & Davidson County, Tennessee. In general, the opposition clause protects an employee from retaliation by his employer if he opposes his employer's illegal conduct. Part II summarizes the facts and the holding of Crawford. Part III describes Title VII discrimination in general and antiretaliation in particular. Part IV discusses the United States Supreme Court's rationale in Crawford, and Part V questions the interpretation of the opposition clause. Finally, Part VI agrees …
Disparate Impact,
2010
Georgetown University Law Center
Disparate Impact, Girardeau A. Spann
Georgetown Law Faculty Publications and Other Works
There has been a lot of talk about post-racialism since the 2008 election of Barack Obama as the first black President of the United States. Some have argued that the Obama election illustrates the evolution of the United States from its unfortunate racist past to a more admirable post-racial present in which the problem of invidious racial discrimination has largely been overcome. Others have argued that the Obama election illustrates only that an extraordinarily gifted, mixed-race, multiple Ivy League graduate, Harvard Law Review President was able to overcome the persistent discriminatory racial practices that continue to disadvantage the bulk of …
A Marriage Is A Marriage Is A Marriage: The Limits Of Perry V. Brown,
2010
Georgetown University Law Center
A Marriage Is A Marriage Is A Marriage: The Limits Of Perry V. Brown, Robin West
Georgetown Law Faculty Publications and Other Works
The Ninth Circuit’s decision in Perry v. Brown, authored by Judge Reinhardt, has been widely lauded by marriage equality proponents for its creative minimalism. In keeping with commentators’ expectations, the court found a way to determine that California’s Proposition 8 violated the U.S. Constitution’s Equal Protection Clause, namely that the provision took away an entitlement that had previously been enjoyed by same-sex couples—the right to the appellation of one’s partnership as a “marriage”—for no rational reason. The people of California’s categorization and differential treatment of same-sex couples as compared with opposite-sex couples, the court held, failed the test of …
Decriminalizing Students With Disabilities,
2010
University of Tennessee College of Law
Decriminalizing Students With Disabilities, Dean Hill Rivkin
NYLS Law Review
No abstract provided.
Failing The Grade: How The Use Of Corporal Punishment In U.S. Public Schools Demonstrates The Need For U.S. Ratification Of The Children’S Rights Convention And The Convention On The Rights Of Persons With Disabilities,
2010
Human Rights Watch
Failing The Grade: How The Use Of Corporal Punishment In U.S. Public Schools Demonstrates The Need For U.S. Ratification Of The Children’S Rights Convention And The Convention On The Rights Of Persons With Disabilities, Alice Farmer, Kate Stinson
NYLS Law Review
No abstract provided.
Should "Bum-Bashing" Be A Hate Crime?,
2010
Loyola University Chicago, School of Law
Should "Bum-Bashing" Be A Hate Crime?, Jeff Mcdonald
Public Interest Law Reporter
No abstract provided.
A Black Market For Magical Bones: The Current Plight Of East African Albinos,
2010
Loyola University Chicago, School of Law
A Black Market For Magical Bones: The Current Plight Of East African Albinos, Susie Bucaro
Public Interest Law Reporter
No abstract provided.
How To Save Superman From A Death Sentence: Could It Be North Carolina's Racial Justice Act?,
2010
Loyola University Chicago, School of Law
How To Save Superman From A Death Sentence: Could It Be North Carolina's Racial Justice Act?, Saren Stiegel
Public Interest Law Reporter
No abstract provided.
Born In The U.S.A.! Yeah, And…? Revisiting Birthright Citizenship,
2010
Loyola University Chicago, School of Law
Born In The U.S.A.! Yeah, And…? Revisiting Birthright Citizenship, Justin Mcdevitt
Public Interest Law Reporter
No abstract provided.
Weight Discrimination: Disability Litigation And Public Policy,
2010
Loyola University Chicago, School of Law
Weight Discrimination: Disability Litigation And Public Policy, Tessa Jania
Public Interest Law Reporter
No abstract provided.
The Ghetto And The Prison,
2010
University of Colorado Law School
The Meeting: A Transformational Train Ride Through Race In America And Apartheid In South Africa,
2010
Florida Agricultural and Mechanical University
The Meeting: A Transformational Train Ride Through Race In America And Apartheid In South Africa, Joseph Karl Grant
Journal Publications
No abstract provided.
