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Civil Rights and Discrimination Commons

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13,426 full-text articles. Page 1 of 342.

Fee-Shifting Statutes And Compensation For Risk, Maureen Carroll 2020 University of Michigan

Fee-Shifting Statutes And Compensation For Risk, Maureen Carroll

Indiana Law Journal

81818app手机版下载A law firm that enters into a contingency arrangement provides the client with more than just its attorneys’ labor. It also provides a form of financing, because the firm will be paid (if at all) only after the litigation ends; and insurance, because if the litigation results in a low recovery (or no recovery at all), the firm will absorb the direct and indirect costs of the litigation. Courts and markets routinely pay for these types of risk-bearing services through a range of mechanisms, including state feeshifting statutes, contingent percentage fees, common-fund awards, alternative fee arrangements, and third-party litigation funding ...


Taking Conflicting Rights Seriously, Netta Barak-Corren 2020 Villanova University Charles Widger School of Law 81818app手机版下载

Taking Conflicting Rights Seriously, Netta Barak-Corren

Villanova Law Review

No abstract provided.


Table Of Contents, Seattle University Law Review 2020 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


Racial Justice And Decriminalization Of Prostitution: No Protection For Women Of Color, Janice G. Raymond 2020 University of Massachusetts, Amherst 81818app手机版下载

Racial Justice And Decriminalization Of Prostitution: No Protection For Women Of Color, Janice G. Raymond

Dignity: A Journal on Sexual Exploitation and Violence

81818app手机版下载No abstract provided.


A Name Change May Be A Start, But It Is Not Enough, Leah D. Williams 2020 Washington and Lee University School of Law

A Name Change May Be A Start, But It Is Not Enough, Leah D. Williams

Washington and Lee Law Review Online

81818app手机版下载Since the broadcast killing of George Floyd by four Minneapolis police officers on May 25, all levels of government, and institutions of every kind, have scrambled with breakneck speed to confront their own ties to America’s most deeply entrenched demons: White supremacy and systematic racism. Washington and Lee has certainly not been exempt from this reckoning. A majority of its faculty and student body have already passed resolutions calling for the removal of Robert E. Lee’s name from the university. As a direct descendent of those enslaved by the school, I commend these resolutions; yet, I strongly offer ...


Big Agriculture And Harm To Minority Communities: How Administrative Civil Rights Complaints Are The Solution, Morgan Drake 2020 Brigham Young University Law School

Big Agriculture And Harm To Minority Communities: How Administrative Civil Rights Complaints Are The Solution, Morgan Drake

BYU Law Review

No abstract provided.


How Medicalization Of Civil Rights Could Disappoint, Allison K. Hoffman 2020 University of Pennsylvania Carey Law School

How Medicalization Of Civil Rights Could Disappoint, Allison K. Hoffman

Faculty Scholarship at Penn Law

This essay reflects on Craig Konnoth’s recent Article, Medicalization and the New Civil Rights, which is a carefully crafted and thought-provoking description of the refashioning of civil rights claims into medical rights frameworks. He compellingly threads together many intellectual traditions—from antidiscrimination law to disability law to health law—to illustrate the pervasiveness of the phenomenon that he describes and why it might be productive as a tool to advance civil rights.

This response, however, offers several reasons why medicalization may not cure all that ails civil rights litigation’s pains and elaborates on the potential risks of overinvesting ...


Recent Developments, Peyton Hildebrand 2020 University of Arkansas, Fayetteville 81818app手机版下载

Recent Developments, Peyton Hildebrand

Arkansas Law Review

81818app手机版下载The Eighth Circuit upheld preliminary injunctive relief in favor of the plaintiffs who challenged Arkansas's anti-loitering law for violating their free speech rights. Though Arkansas claimed that it would not enforce the anti-loitering statute against "'polite' and 'courteous' beggars like [plaintiffs]," because the law's plain language applied to the plaintiffs' intended activities, they had an objectively reasonable fear of prosecution.' Thus, they had a constitutional injury as required for standing.


Pandora's Cake, Mark R. Killenbeck 2020 University of Arkansas, Fayetteville

Pandora's Cake, Mark R. Killenbeck

Arkansas Law Review

81818app手机版下载Most of us are familiar with the spectre of Pandora's Box, the "present which seems valuable, but which in reality is a curse."' Robert Graves described Pandora as "the most beautiful [woman] ever created.",2 She was sent by Zeus as a gift to Epimetheus, who initially "respectfully" declined to marry her.3 But chastened by the fate of his brother Prometheus, he changed his mind and wed a women who was "as foolish, mischievous, and idle as she was beautiful.",4 She opened a jar that she and her husband had been "warned. .. to keep closed in which ...


Federal Court Bars Enforcement Of Louisville Public Accommodations Ordinance Against A Wedding Photographer Who Opposes Marriage Equality, Arthur S. Leonard 2020 New York Law School 81818app手机版下载

Federal Court Bars Enforcement Of Louisville Public Accommodations Ordinance Against A Wedding Photographer Who Opposes Marriage Equality, Arthur S. Leonard

Other Publications

No abstract provided.


Black Queer Lives Matter (July 30, 2020), Vivian E. Hamilton, Jerry Watkins, Leisa Meyer, Ifeoma Ayika 2020 William & Mary Law School 81818app手机版下载

Black Queer Lives Matter (July 30, 2020), Vivian E. Hamilton, Jerry Watkins, Leisa Meyer, Ifeoma Ayika

Racial Justice & Social Reform Speaker Series

No abstract provided.


Hostile Environments: Public Health And Environmental Impacts Of The Trump Administration’S Attempted Reversal Of Sex Stereotyping As Sex Based Discrimination, Jude Diebold 2020 Golden Gate University School of Law 81818app手机版下载

Hostile Environments: Public Health And Environmental Impacts Of The Trump Administration’S Attempted Reversal Of Sex Stereotyping As Sex Based Discrimination, Jude Diebold

Golden Gate University Environmental Law Journal

In 2013, Aimee Stephens, an employee of six years at R.G & G.R. Harris Funeral Homes, informed her employer she is transgender, and would begin living as a woman full time. The employer disbelieved Stephens’ gender identity; they viewed Stephens as male, and in violation of their sex specific dress code for men, which requires men to wear button downs and ties, and women to wear skirts and heels. Two weeks after informing her employer of her true gender identity, Harris Funeral Homes fired Stephens, stating that her refusal to abide by the sex specific dress code as a “biological male” was the reason for termination. The employer has not denied that Ms. Stephens was fired due to her transgender identity, but rather, contends that ...


Section 1983 & Qualified Immunity: Qualifying The Death Of Due Process And America's Most Vulnerable Classes Since 1871. Can It Be Fixed?, Gabrielle Pelura 2020 William & Mary Law School 81818app手机版下载

Section 1983 & Qualified Immunity: Qualifying The Death Of Due Process And America's Most Vulnerable Classes Since 1871. Can It Be Fixed?, Gabrielle Pelura

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


The First Amendment And The Roots Of Lgbt Rights Law: Censorship In The Early Homophile Era, 1958-1962, Jason M. Shepard 2020 William & Mary Law School 81818app手机版下载

The First Amendment And The Roots Of Lgbt Rights Law: Censorship In The Early Homophile Era, 1958-1962, Jason M. Shepard

William & Mary Journal of Race, Gender, and Social Justice

Long before substantive due process and equal protection extended constitutional rights to homosexuals under the Fourteenth Amendment, in three landmark decisions by the Supreme Court of the United States, First Amendment law was both a weapon and shield in the expansion of LGBT rights. This Article examines constitutional law and “gaylaw” from the perspective of its beginning, through case studies of One, Inc. v. Olesen (1958), Sunshine Book Co. v. Summerfield (1958), and Manual Enterprises, Inc. v. Day (1962). In protecting free press rights of sexual minorities to use the U.S. mail for mass communications, the Warren Court’s ...


Law School News: Remembering John Lewis 07-18-2020, Michael M. Bowden 2020 Roger Williams University School of Law 81818app手机版下载

Law School News: Remembering John Lewis 07-18-2020, Michael M. Bowden

Life of the Law School (1993- )

81818app手机版下载No abstract provided.


Kofifi/Covfefe: How The Costumes Of "Sophiatown" Bring 1950s South Africa To Western Massachusetts In 2020, Emma Hollows 2020 University of Massachusetts Amherst 81818app手机版下载

Kofifi/Covfefe: How The Costumes Of "Sophiatown" Bring 1950s South Africa To Western Massachusetts In 2020, Emma Hollows

Masters Theses

This thesis paper reflects upon the costume design process taken by Emma Hollows to produce a realist production of the Junction Avenue Theatre Company’s musical Sophiatown at the Augusta Savage Gallery at the University of Massachusetts in May 2020. Sophiatown follows a household forcibly removed from their homes by the Native Resettlement Act of 1954 amid apartheid in South Africa. The paper discusses her attempts as a costume designer to strike a balance between replicating history and making artistic changes for theatre, while always striving to create believable characters.


White Saviors, Brandon Hasbrouck 2020 Washington and Lee University School of Law

White Saviors, Brandon Hasbrouck

Washington and Lee Law Review Online

It is time for Washington and Lee University to drop both George Washington and Robert E. Lee from the University name. The predominantly White faculty at Washington and Lee recently announced that it will petition the Board of Trustees to remove Lee from the University name. This is the first time in Washington and Lee’s history that the faculty has drafted such a petition. It is worth exploring why the faculty has decided to make a collective statement on Lee now and why the faculty has not included a demand to drop Washington in their petition. The answer is ...


Complicity In The Perversion Of Justice: The Role Of Lawyers In Eroding The Rule Of Law In The Third Reich, Cynthia Fountaine 2020 Southern Illinois University

Complicity In The Perversion Of Justice: The Role Of Lawyers In Eroding The Rule Of Law In The Third Reich, Cynthia Fountaine

St. Mary's Journal on Legal Malpractice & Ethics

81818app手机版下载A fundamental tenet of the legal profession is that lawyers and judges are uniquely responsible—individually and collectively—for protecting the Rule of Law. This Article considers the failings of the legal profession in living up to that responsibility during Germany’s Third Reich. The incremental steps used by the Nazis to gain control of the German legal system—beginning as early as 1920 when the Nazi Party adopted a party platform that included a plan for a new legal system—turned the legal system on its head and destroyed the Rule of Law. By failing to uphold the integrity ...


The People’S Business: The Case For Amending New York Civil Rights Law Section 50-A, Jeffrey T. Hazelton 2020 Brooklyn Law School

The People’S Business: The Case For Amending New York Civil Rights Law Section 50-A, Jeffrey T. Hazelton

Brooklyn Law Review

For more than forty years, New York Civil Rights Law section 50-a has harmed New Yorkers by shielding the release of police officers’ “personnel records,” including in the aftermath of substantiated complaints of misconduct. With the aid of numerous New York Court Appeals decisions, this statute progressively transformed from a relatively nuanced protection for testifying officers during trial, to its ultimate status as an outright bar to virtually all public disclosures. In fact, the New York Court Appeals has even held that section 50-a supersedes New York’s Freedom of Information Law (FOIL), thereby prohibiting even redacted FOIL disclosures. By ...


Prosecuting Misconduct: New York’S Creation Of A Watchdog Commission, Danielle Robinson 2020 Brooklyn Law School

Prosecuting Misconduct: New York’S Creation Of A Watchdog Commission, Danielle Robinson

Brooklyn Law Review

Prosecutors play an integral role in America’s inherently adversarial criminal justice system and thus have a significant impact on the individual liberties of accused citizens. Therefore, they have long since been subject to continuous scrutiny by the public, which in turn leads to criticism of state legislatures for not addressing the issue. The state of New York attempted to meet this challenge of prosecutorial misconduct head-on as part of a multi-pronged criminal justice reform agenda with the creation of a first-in-the-nation commission on prosecutorial conduct (CPC). At this point in time, the CPC has been held unconstitutional. This note ...