Topic
Civil Rights
Posts
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ArticleVol. 102 · Iss. 6
Phyllis Schlafly and How Forgetting Women’s Struggles for Equality Perpetuates Inequality
At the end of 1922, the Washington Times asked Alice Paul to predict how “modern feminism” would shape “the course of history in the…
Jill Elaine Hasday -
NoteVol. 101 · Iss. 4
Fairness for All? The Implications of Adopting a Third-Gender Category in Elite Sports
On March 18, 2022, the NCAA Women’s Division I Swimming and Diving Championships garnered national attention for more than just the record-breaking swims. The…
Emily Fox -
CommentaryVol. 100 · Iss. 5
The Age of Racism
Abstract This Essay introduces the concept of aged racism, a distinct species of systemic racism characterized by its intersection with age. This subject has…
Alexander A. Boni-Saenz -
NoteVol. 99 · Iss. 1
An Anti-Conspiracy Theory: How Antitrust Law is Eroding The Constitutional Rights Protection Set Forth In § 1985(3) and § 1983
Introduction In October of 1868, Benjamin F. Randolph, a Black state senator in South Carolina, was shot dead by three white men as he…
Madeleine Denny -
ArticleVol. 87 · Iss. 6
Rodrigo’s Portent: California and the Coming Neocolonial Order
Through the style of a fictional narrative, this paper demonstrates how colonialism is starting to supplant race as an organizing principle, enabling whites to…
Richard Delgado -
ArticleVol. 87 · Iss. 5
The Argot of Equality: On the Importance of Disentangling “Diversity” and “Remediation” As Justifications for Race-Conscious Government Action
The rules governing “benign” forms of race-conscious government action are easy to state but very difficult to apply in practice. A great deal of…
Ronald J. Krotoszynski Jr -
NoteVol. 88 · Iss. 5
Revisiting Class-Based Affirmative Action in Government Contracting
The Article highlights the existing class-based alternatives to affirmative action in government contracting based on races in the U.S. in 2011. It discusses the…
Jarrod D. Reece -
ArticleVol. 95 · Iss. 5
Against Women’s Sports
This Article challenges the longstanding assumption that sports should be segregated by sex. Imposing sex segregation on sports is problematic for many reasons. Sex…
Nancy Leong -
ArticleVol. 96 · Iss. 5
Them Too
Discussions of sexual misconduct often focus primarily or exclusively on the parties directly involved in sexual behavior. As a result, the discussion generally centers…
Nancy Leong -
ArticleVol. 92 · Iss. 3
Gayffirmative Action: The Constitutionality of Sexual Orientation-Based Affirmative Action Policies
Twenty-five years ago, the U.S. Supreme Court established a consistency principle in its race-based equal protection cases. That principle requires courts to apply the…
Peter Nicolas -
ArticleVol. 92 · Iss. 2
Racial Classification and Ascriptive Injury
This Article describes a new model of the relationship between racial ascriptions on an individual level, private racial bias, social disadvantage, and state action,…
Paul Gowder -
ArticleVol. 92 · Iss. 2
The Civil Rights Act of 1964
In early 1963, Dr. Martin Luther King, Jr. led what would become known as the “Birmingham Campaign” with the Southern Leadership Conference in which…
Paulette Brown