Civil Rights and Discrimination Commons^™

Legal Academia And Permanent Democracy: The Fault In Our Law Schools, Sara Dillon

DePaul Journal for Social Justice

It is widely recognized that the American Constitution is failing as the foundational document of a modern democracy. Although many basic principles of constitutionalism have faded into irrelevance, with rising authoritarianism eclipsing such core ideals as judicial independence, separation of powers and restraints on arbitrary use of power, America’s nearly 200 institutions of legal teaching and scholarship have provided little in the way of proposals for urgently needed law reform. It is striking that even with so many high-powered academic institutions, so few meaningful proposals for constitutional change have been presented to the public as a way out of our …

Incorporating Principles And Wisdom From Hospital Chaplaincy And Pastoral Ministry To Create A Ministry Model To Address Social Isolation And Loneliness In Black Churches, Albert A. Kemp

Doctor of Ministry Projects and Theses

To address the growing and widespread epidemic of social isolation and loneliness, with special focus on Black churches, this dissertation developed a program with the following areas of application: 1) how healthcare trained chaplains can coordinate with churches to positively impact individuals identified as lonely and socially isolated with better social and physical health, 2) how principles of chaplaincy and pastoral care can mitigate and intervene competently when such people are identified, and 3) how the project’s model can be organized, taught, and incorporated into existing arenas of church ministry.

The purpose of the project was to create a ministry …

“Justice” By Deception: The Immigration Regime’S Longstanding Reliance On Fraud And Coercion, Lori A. Nessel

Buffalo Law Review

No abstract provided.

The End Of Amateurism: Title Ix Challenges In The New Ere Of College Athletics, Georgia G. Kemmett

Honors Theses

This thesis examines whether emerging revenue-sharing models in intercollegiate athletics following the House v. NCAA settlement can be reconciled with Title IX’s mandate of sex-based equity. While antitrust law has accelerated the collapse of NCAA amateurism by dismantling restrictions on athlete compensation, the resulting revenue-sharing framework risks concentrating financial benefits in male-dominated sports, particularly football and men’s basketball, thereby raising significant legal and policy concerns under federal civil rights law.

Through analysis of Title IX doctrine, antitrust jurisprudence, OCR guidance, NIL regulation, congressional reform proposals, and emerging litigation involving gender identity and athlete eligibility, this thesis argues that commercialization and …

"For Their Effectual Exclusion": Oregon, Racial Exclusion, And Citizenship In The Mid-Nineteenth Century, Riley M. Littleton

Honors Theses

In light of Oregon’s admission to the Union as the only state to receive congressional approval with a racial exclusion clause in its constitution, this project seeks to examine the constitutional and cultural thought that ultimately led to the stamp of approval on the thirty-third state. In the past, Missouri had attempted a similar maneuver, seeking to bar free Black Americans from entry; Congress had not allowed it, believing that the provision violated the U.S. Constitution’s Privileges and Immunities Clause. This project investigates what changed congressional opinion between Missouri and Oregon’s respective times.

In researching contemporary literature to understand local …

Real, Not Rhetorical: Children’S Rights As The Strongest Constitutional Defense Of Obergefell Against Religious-Liberty Challenges, Tanya Washington

Mercer Law Review

Justice Kennedy’s decision to center adults’ rights in the Obergefell majority opinion—despite his awareness of children’s legal vulnerabilities—created space for Justice Thomas, in his Davis statement, to ignore children altogether and to reframe the constitutional question as a clash between adults’ rights: the right to marry and to be free from discrimination versus the right to exercise one’s religious beliefs and to refuse to engage in conduct that abrogate those beliefs. This distorted constitutional framing eclipses entirely the rights of children in same-sex families and the concrete harms they will face if their parents are barred from marrying—harms that provide …

Title Ix Without Tenure: The Eleventh Circuit Bars Sex Discrimination Suits By Educational Employees In Joseph V. Board Of Regents, Lily Kachmar

Mercer Law Review

“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” In just thirty-seven words, Title IX of the Education Amendments of 1972 ushered in a transformative era of protections for gender equality in higher education. Yet, courts remain split on the overall scope of those protections.

In Joseph v. Board of Regents of the University System of Georgia (“Joseph II”), the United States Court of Appeals for the Eleventh Circuit became the latest …

Cardozo Law Announces Three New Faculty Appointments, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

Cardozo School of Law announced the appointments of three new faculty members: Assistant Professor of Law Mridula Raman, Assistant Clinical Professor of Law and Co-Director of the Civil Rights Clinic Stefen R. Short, and Harold A. Stevens Visiting Assistant Professor of Law Fregine Sheehy. Their expertise spans criminal law, civil rights, disability justice, critical race theory, evidence, and human rights law.

“Supreme Court, Tear Down This Wall!”: Kennedy V. Bremerton School District And The Erosion Of The Barrier Between Church And State, Ari Allon

NSU Undergraduate Law Journal

This Article conducts a critical examination of Kennedy v. Bremerton’s ruling, which replaced the Lemon test with the historical practices and understandings test. Following a brief background on the Religion Clauses’ jurisprudence, the author contests that the historical practices and understandings test fails to adhere to long-held Supreme Court reasoning behind the creation of the Religion Clauses. This new test is likewise an insufficient framework for determining Establishment Clause violations.

The Article continues with an analysis on the conflicting fact patterns between the majority and dissenting opinions of Kennedy v. Bremerton. The author then discusses the precedential impact …

First Amendment Forum Classification: Special Use Permits, Limited Public Forums, And The “Heckler’S Veto”, Elizabeth Price Foley

University of Miami Law Review

Pride Month is an important event in many communities because it celebrates and enhances the visibility of the LGBTQ+ community. Pridefest events occurring during Pride Month are well-attended but often mired by threats of violence. Such threats are often targeted at Pridefest drag shows, which exhibit gender-bending performances by drag queens and drag kings of one biological sex, who wear extravagant costumes that exaggerate gender stereotypes of the opposite biological sex. In Naples Pride, Inc. v. City of Naples, the Eleventh Circuit addressed whether a government may impose conditions on such drag shows when threats have been levied against …

High-Caliber Tensions: Implications Of Florida’S Medical Marijuana Program On The Right To Keep And Bear Arms, George Bell, Kate E. Altman

University of Miami Law Review

What is more valuable—the right to protect yourself, or the right to seek medical treatment? Presently, law abiding Floridians must choose between the two. Because the Bureau of Alcohol, Tobacco and Firearms (“ATF”) classifies medical marijuana patients as “unlawful drug users,” Floridians enrolled in the State’s medical marijuana scheme are prohibited from lawfully owning firearms. A lawsuit currently pending before the Eleventh Circuit Court of Appeals seeks to address this constitutional conflict. This Article discusses that lawsuit, the legal framework in which it’s proceeding, and how courts may decide the appropriate balance between such fundamental questions.

Statutory Backups For Endangered Constitutional Rights, Aaron-Andrew P. Bruhl

Faculty Publications

This Article concerns the phenomenon of “statutory backup rights,” or statutes that provide protections parallel to constitutional rights that are believed to be at risk of judicial abrogation. Proposals for backup rights gained attention in the aftermath of the Supreme Court’s 2022 decision in Dobbs v. Jackson Women’s Health Organization, which not only eliminated the constitutional right to abortion but called into question some other constitutional rights as well. Shortly after Dobbs, Congress enacted a limited statutory backup for same-sex marriage. States have created backup rights across a range of topics, some of which appeal mostly to those …

Upr Report Submissions: Compiled By The International Human Rights Clinic At The University Of Illinois Chicago School Of Law And The Human Rights At Home Litigation Clinic At The Saint Louis University School Of Law, Sarah Dàvila A., Lauren E. Bartlett

Faculty White Papers

This unofficial summary compiles information from reports submitted by civil society and others for the Fourth Cycle of the Universal Periodic Review of the United States.

The authors reviewed the submissions, which are reports from civil society and others, and grouped issues thematically, using the 2020 UPR themes and recommendations as the organizing framework. Within each theme, the authors synthesized recurring issues, patterns, and concerns identified across multiple submissions. For each issue, the unofficial summary follows a structured approach that presents international obligations first, followed by United States domestic law, and then facts drawn from the submissions. However, where reports …

Pussy Protest! Protest Zines To Uplift Marginalized Voices, Alekz Nelson

Theses/Capstones/Creative Projects

A publication of 4 separate zines made up of 12 pages each. The zines delve into the history of the Americans with Disabilities Act, trans women and their music artistry, lack of lesbian media, and inmate working conditions. These zines aim to not only raise awareness towards these issues, but spark action from readers by providing practical and doable options to pursue. With societal attitudes and political administrations becoming more conservative, spreading this information and awareness is vital to ensure that these alternatives ways of life are not forcibly erased.

Black Labor Matters, Michael Z. Green

Faculty Scholarship

Black and organized workers increasingly find themselves threatened by two key outside forces: one seeking to stop anti-racism efforts via diversity, equity, and inclusion (DEI) practices and the other curtailing employees’ union organizing. This Article argues that a response must be grounded in uniquely local strategies by two specific worker coalitions. One coalition–the New Black Workers Movement (NBWM)–arose from Black Lives Matter civil rights protests in 2020 that captivated the workplace and heightened awareness about anti-Blackness and concerns of systemic racism. The other coalition–the New Labor Workers Movement (NLWM)–developed in 2020 as a workplace response to a global pandemic that …

The Historical And Systemic Effects On Racial Disparities In Incarceration Rates Among Black Individuals, Vanessa Valentine

Electronic Theses, Projects, and Dissertations

Racial disparities in incarceration rates within the United States have existed for decades. This paper will examine these disparities in order to understand how Black individuals and communities are disproportionately affected by the criminal justice system. By exploring historical and systemic factors that have contributed to these disparities such as structural racism, discriminatory policing, and unequal sentencing policies this research will highlight how these practices have reinforced racial inequality within the criminal justice system. The significance of the presenting issue will be explored by analyzing how these disparities affect the incarcerated individual and their family and community. Using a mixed …

The Eviction Caste System, Allison Freedman

Faculty Scholarship

The United States is facing a dire housing crisis, and most Americans agree that housing is a universal necessity. Yet under current Supreme Court jurisprudence, housing is not a fundamental right, and individuals facing housing insecurity from an eviction are generally not members of a suspect class. This is because eviction is often viewed as an individual problem and a symptom of poverty, which the Supreme Court has repeatedly affirmed is not a suspect classification. This Article disrupts the superficial narrative that eviction is an individualistic symptom of poverty, and instead views evictions from a systemic and historical perspective. It …

Expressive Association At Work, Elizabeth Sepper, James D. Nelson, Charlotte Garden

Michigan Law Review

Do employers have constitutional rights of expressive association? Two decades ago, in Boy Scouts of America v. Dale, the Supreme Court held that a state law prohibiting discrimination based on sexual orientation could not be applied to a membership organization that wished to exclude a gay leader. Today, courts face a rising tide of claims from employers, who argue that Dale constitutionally insulates their hiring and firing decisions from antidiscrimination law. A narrow majority of courts have denied such claims, holding that Dale does not apply at work. Increasingly, however, courts are siding with these employers, eliding any distinction …

An Analysis Of Global And Regional Human Rights Standards On Gender-Based Violence, Tamar Ezer, R. Denisse Córdova Montes

Seattle Journal for Social Justice

No abstract provided.

Maga's Blue State Strategy: How Democrats And University Leaders Helped The Reactionary Right Weaponize Antisemitism Against Higher Education, Jonathan Feingold, Isaac Kamola

Faculty Scholarship

The professors are the enemy. Professors are the enemy. Write that on the blackboard 100 times and never forget it.

—President Richard Nixon, 1972¹

[I]f any of us wants to do the things we want to do[,] . . . we have to honestly and aggressively attack the universities in this country.

—J.D. Vance, 2021²

October 7, 2023 was many things. One of those things was a lucky break for the Heritage Foundation (“Heritage”). For decades, Heritage and its allied think tanks, donors, and officials had labored to discredit and, if possible, take over higher education in the …