Articles Posted in Civil Rights

How do Grutter and Fisher Bear on the Question Whether Law Reviews Can Take Race and Gender Into Account in Selecting Members (and Also Articles)? Part Two in a Series
Updated:

Illinois law dean Vikram David Amar and professor Jason Mazzone continue their discussion of whether law reviews may take race and gender into account in selecting members and articles. In this second of a three-part series of columns, Amar and Mazzone analyze some of the key substantive arguments made by the plaintiff in the lawsuit.

Run, Baby, Run: Federal Court (Correctly) Sends Pregnancy Discrimination Case to Trial
Updated:

SMU Dedman School of Law professor Joanna L. Grossman praises a recent decision by a federal district court allowing a claim of pregnancy discrimination to go to trial and denying the employer’s motion for summary judgment. Grossman describes the factual and legal background of the case and explains how the court used two methods to find that the case should go to trial on the merits.

A Sharp Backward Turn: Department of Education Proposes to Protect Schools, Not Students, in Cases of Sexual Violence
Updated:

In this second of a two-part series, SMU Dedman School of Law professor Joanna L. Grossman and University of Pittsburgh law professor Deborah L. Brake revisit Title IX and the Department of Education’s proposal to rework how sexual assault and harassment claims are addressed by educational institutions that receive federal funds. Grossman and Brake argue that the Department’s proposed changes will ultimately result in a chilling effect on victims of sexual harassment coming forward and reporting their abuse.

The Department of Education’s Title IX Power Grab
Updated:

Cornell law professor Michael C. Dorf discusses the Department of Education’s recent Notice of Proposed Rulemaking rules requiring due process protections for those accused of sexual assault or harassment in Title IX cases. Dorf provides a history of Title IX, explaining how the Obama administration issued guidance and instituted reforms to how institutions should approach addressing allegations of such conduct. He acknowledges the Department of Education's shift in policy under the Trump administration that led to its proposed rulemaking issuance, and argues that the Department only has the authority to permit these additional due process protections in most instances, rather than outright require institutions to adhere to them.

A Sharp Backward Turn: Department of Education Proposes to Undermine Protections for Students Against Sexual Harassment and Assault
Updated:

SMU Dedman School of Law professor Joanna L. Grossman and University of Pittsburgh law professor Deborah L. Brake discuss a proposal by the Department of Education that would roll back Obama-era guidance on how claims of sexual assault and harassment are handled by educational institutions that receive federal funding. In part one of this two-part series, Grossman and Brake provide historical background on Title IX, explain regulations implemented during the Obama administration, and touch on how the Trump administration’s rollback may affect student victims of sexual assault and harassment.

Beneath the Fray: Federal Courts Continue the Work of Enforcing Sexual Harassment Laws
Updated:

SMU Dedman School of Law professor Joanna L. Grossman comments on a recent decision by a federal court in Florida correctly denying an employer’s motion for summary judgment in a workplace rape case that deserves a full trial on the merits. Grossman points out that anti-discrimination law is not sufficient to eliminate, or even substantially reduce, the incidence of sexual harassment at work, but it is unquestionably necessary to address that problem and protect survivors.

The Sex Trifecta: United Airlines Sued Over Pilot Who Tormented Flight Attendant with Stalking, Revenge Porn, and Harassment
Updated:

SMU Dedman School of Law professor Joanna L. Grossman comments on a lawsuit recently filed by the EEOC against United Airlines alleging that the airline failed to protect a female flight attendant from sexual harassment by a pilot, in violation of its obligations under federal anti-discrimination law. Grossman argues that while United is entitled to its day in court, it will need compelling evidence to refute the allegations in the EEOC's complaint.

Children’s Rights Softly Emerge in the Midst of the Trump Administration’s Heartless Separation of Children from their Parents at the Border
Updated:

Marci A. Hamilton, professor and resident senior fellow in the Program for Research on Religion at the University of Pennsylvania, comments on a laudable decision by a federal district court judge in Connecticut that recognizes children as persons with constitutional rights, in the midst of the Trump administration’s separation of children from their parents at the border. Hamilton calls upon the Senate to ratify the Convention for the Rights of the Child, and upon Congress to pass simple legislation that would ban such separations.

Replacing Justice Kennedy: Why Roe Won’t Be (Formally) Overruled, Same-Sex Marriage Rights Won’t Be Undone, and Affirmative Action Won’t Be Terminated, but Electoral Reform Could Suffer Greatly
Updated:

Illinois Law dean and professor Vikram David Amar argues that while Justice Anthony Kennedy’s retirement from the US Supreme Court will change the institution, it may not result in a significant shift to the right on some hot-button issues, as many anticipate. Amar explains that the greatest casualty of Justice Kennedy’s retirement might be electoral reform—not reproductive rights, same-sex marriage, or affirmative action.

The Supreme Court and Conservatives’ Right Not to Be Associated in Any Way With Disagreeable Things
Updated:

GW Law professor and economist Neil H. Buchanan argues that the pro-business, anti-union expressed during oral argument and in the majority opinion in Janus v. AFSCME, written by Justice Samuel Alito and joined by the other conservative justices including Justice Anthony Kennedy, epitomizes both Kennedy’s right-wing fundamentalism and the direction in which the Court would have continued to move even if he had chosen not to retire. Buchanan points out that the trend among the conservative justices is to insulate conservatives—especially Christian Republicans—from having to be in any way connected to anything with which they disagree, such as collective bargaining, sexual liberation, or provision of contraception.

The Aftermath of the #MeToo Movement
Updated:

SMU Dedman School of Law professor Joanna L. Grossman gives a brief overview of the #MeToo movement and describes the great strides our society has made, yet also the challenges it still faces. Specifically, Grossman points out that it is now time for businesses and lawmakers to figure out how best to prevent sexual harassment while protecting women’s career opportunities.

Attitudinal and Doctrinal Takeaways from the Masterpiece Cakeshop Case
Updated:

Illinois Law dean and professor Vikram David Amar and UC Davis Law emeritus professor Alan E. Brownstein discuss two doctrinal issues raised in the Supreme Court’s majority and concurring opinions in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission. Amar and Brownstein explain how Colorado could have reached the results it reached without disfavoring religion or religious liberty/equality at all, and they point out that the Court’s focus on the motives of the commissioners is unusual given the Court’s prior decisions on the role of invidious motives.

When Is an LGBTQ Rights Case Not About LGBTQ Rights? When It’s the Masterpiece Cakeshop Decision
Updated:

Marci A. Hamilton— one of the country’s leading church-state scholars and the Fox Professor of Practice and Fox Family Pavilion Resident Senior Fellow in the Program for Research on Religion in the Fox Leadership Program at the University of Pennsylvania—comments on the recent decision by the US Supreme Court in Masterpiece Cakeshop v. Colorado Civil Rights Commission. Hamilton explains the scope and limitations of the Court’s decision and notes the significance of its narrow holding in that case.

The Perceived Threat of Trans Identity
Updated:

Cornell University law professor Sherry F. Colb explores the reasons behind some people’s refusal to refer to trans men as men and trans women as women. Colb describes some of the concrete harms caused by such refusal, such as policies sending trans women to prisons for the wrong gender—a policy Colb argues violates the Eighth Amendment under the Supreme Court’s jurisprudence.

The Last Roar of the ‘Liberal Lion’: Judge Stephen Reinhardt Reverses Ruling That Would Have Allowed Employers to Justify Women’s Lower Wages by Prior Salaries
Updated:

SMU Dedman School of Law professor Joanna L. Grossman describes the last ruling by the late Judge Stephen Reinhardt, in which Reinhardt, writing for the Ninth Circuit en banc, reversed an interpretation of the Equal Pay Act that allowed employeers to justify paying female employees less than their male counterparts based on salary history. Grossman explains why the ruling is a correct interpretation of the Equal Pay Act and notes that the decision underscores Judge Reinhardt’s reputation as a staunch defender of equality and justice.

Fly Away: Why the New York City Human Rights Commission is Right to Investigate The Wing, a Private Club and Workspace that is Just for Women
Updated:

SMU Dedman School of Law professor Joanna L. Grossman considers whether New York’s all-female private social club, The Wing, violates that state’s public accommodations law. Grossman reviews the relevant case law and concludes that The Wing will likely have difficulty arguing that should be exempt from the public accommodations law under First Amendment or public policy grounds.

The EEOC and the #MeToo Era: Is the Budget Increase Enough?
Updated:

Marci A. Hamilton—a Fox Distinguished Scholar in the Fox Leadership Program at the University of Pennsylvania, and the CEO and Academic Director of CHILD USA—considers recent news of the EEOC’s budget increase for fiscal year 2018. Hamilton notes that this appears to be a win for the EEOC and the #MeToo movement at first glance. Nevertheless, Hamilton explains that the increasing public encouragement for victims of sexual misconduct to come forward does not negate the unwillingness of those in power to effect change within the legal system for these victims to have a real chance at justice.

Does the Constitution Permit a State to Abolish Marriage?
Updated:

Cornell University law professor Michael C. Dorf considers whether, in protest of the Supreme Court’s recognition of the constitutional right to same-sex marriage, states can “get out of the marriage business” altogether. Dorf explains that abolishing marriage for everyone likely poses no equal protection issues, and points out some interesting and unique characteristics about marriage as a fundamental right.

Denial and Devaluation as Weapons Against African Americans and Women
Updated:

Cornell University law professor Sherry F. Colb explains how denial and devaluation have been used as weapons against African Americans and against women. Colb defines both of these terms and describes how they have been used to disbelieve stories of police brutality and rape.

Take a Flying Leap: The Second Circuit Holds That Skydiving Instructor Can Sue for Sexual Orientation Discrimination Under Title VII
Updated:

SMU Dedman School of Law professor Joanna Grossman comments on a decision by the US Court of Appeals for the Second Circuit, sitting en banc, holding that sexual orientation discrimination is an actionable form of sex discrimination under Title VII of the Civil Rights Act of 1964. Grossman explains the significance of the holding and describes the circuitous route federal courts have taken to finally arrive at that common-sense conclusion.

Meet our Columnists
Vikram David Amar

Vikram David Amar is a Distinguished Professor of Law at UC Davis School of Law and a Professor of Law and Former Dean at the University of Illinois College of Law on the Urbana-Champaign campus.... more

Neil H. Buchanan

Neil H. Buchanan, an economist and legal scholar, is a visiting professor at the University of Toronto Law school. He is the James J. Freeland Eminent Scholar Chair in Taxation Emeritus at the... more

John Dean

John Dean served as Counsel to the President of the United States from July 1970 to April 1973. Before becoming White House counsel at age thirty-one, he was the chief minority counsel to the... more

Michael C. Dorf

Michael C. Dorf is the Robert S. Stevens Professor of Law at Cornell University Law School. He has written hundreds of popular essays, dozens of scholarly articles, and six books on constitutional... more

Samuel Estreicher

Samuel Estreicher is Dwight D. Opperman Professor of Law and Director of the Center of Labor and Employment Law and Institute of Judicial Administration at New York University School of Law. He... more

Leslie C. Griffin

Dr. Leslie C. Griffin is the William S. Boyd Professor of Law at the University of Nevada, Las Vegas Boyd School of Law. Prof. Griffin, who teaches constitutional law and bioethics, is known for... more

Joanna L. Grossman

Joanna L. Grossman is the Ellen K. Solender Endowed Chair in Women and Law at SMU Dedman School of Law and is currently serving as the Herman Phleger Visiting Professor at Stanford Law School. ... more

Marci A. Hamilton

Professor Marci A. Hamilton is a Professor of Practice in Political Science at the University of Pennsylvania. She is also the founder and CEO of CHILD USA, a 501(c)(3) nonprofit academic think... more

Joseph Margulies

Mr. Margulies is a Professor of Government at Cornell University. He was Counsel of Record in Rasul v. Bush (2004), involving detentions at the Guantánamo Bay Naval Station, and in Geren v. Omar... more

Austin Sarat

Austin Sarat is the William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College.Professor Sarat founded both Amherst College’s Department of Law,... more

Laurence H. Tribe

Laurence H. Tribe is the Carl M. Loeb University Professor Emeritus at Harvard University and Professor of Constitutional Law Emeritus at Harvard Law School, where he has taught since 1968. Born in... more

Lesley Wexler

Lesley Wexler is a Professor of Law at the University of Illinois College of Law. Immediately prior to taking the position at Illinois, Wexler was a Professor of Law at Florida State University,... more