Boston University Law Review

Articles from Vol. 95, No. 3, May

Addressing Systemic Discrimination: Public Enforcement and the Role of the Eeo
INTRODUCTIONIn passing the Civil Rights Act of 1964, Congress broadly prohibited employment discrimination on the basis of race, color, religion, sex, and national origin.1 Although Title VII of the Act unambiguously declares that these forms of discrimination...
Backlash, Courts, and Disability Rights
INTRODUCTIONThis symposium celebrates fifty years since the passage of the Civil Rights Act of 1964. Federal statutes are often described in lofty terms like "sweeping," "ambitious," and "transformative." Even if these accolades might overstate things...
Bargaining for Civil Rights: Lessons from Mrs. Murphy for Same-Sex Marriage and Lgbt Rights
INTRODUCTIONUntil the U.S. Supreme Court's denial of certiorari on October 6, 2014,1 which made same-sex marriage decisions in three federal Circuit Courts of Appeal authoritative,2 the voluntary embrace of same-sex marriage by state legislatures and...
Blaming Mothers: A Disability Perspe
This Article grew out of my experience as an advocate in the special education system. Too often, I have received phone calls from parents-primarily mothers-who recount the terrible treatment they and their child have received at the hands of their school...
Can't We Be Your Neighbor? Trayvon Martin, George Zimmerman, and the Resistance to Blacks as Neighbors
The Civil Rights Act of 1964 paved the way for the Fair Housing Act of 1968, which was designed to address discrimination in one of our most intimate spaces-neighborhoods. Fifty-six years after the passage of the Fair Housing Act, Americans remain fiercely...
Class-Based Adjudication of Title VII Claims in the Age of the Roberts Court
INTRODUCTIONTitle VII's most significant set of amendments, the Civil Rights Act of 1991,1 was in substantial part a response to decisions of the Rehnquist Court issued during its 1988-89 term, including the especially controversial Wards Cove Packing...
Intersectionality and Title Vii: A Brief (Pre-)History
INTRODUCTIONTitle VII was twenty-five years old when Kimberlé Crenshaw published her path-breaking article introducing "intersectionality" to critical legal scholarship.1 By the time the Civil Rights Act of 1964 reached its thirtieth birthday, the intersectionality...
Marital Status Discrimination 2.0
INTRODUCTIONThe fiftieth anniversary of the Civil Rights Act of 1964 is an appropriate moment to reflect on the state of our civil rights laws. In recent years, a number of scholars, including Richard Thompson Ford, Tristin Green, Linda Hamilton Krieger,...
Model Neighborhoods through Mayors' Eyes Fifty Years after the Civil Rights Act
The Civil Rights Act of 1964 ushered in the elimination of Jim Crow-era restrictions and ensured that black and white Americans were permitted equal access to public transportation, schools, restrooms, parks, and restaurants. On the law's fiftieth anniversary,...
Moving Forward, Looking Back: A Retrospective on Sexual Harassment Law
INTRODUCTIONWhen Jane Corne and Geneva DeVane filed a complaint in the mid-1970s against their employer, Bausch and Lomb, they alleged what they deemed a form of discrimination.1 The two women worked as clerical staff and were supervised by a man named...
Now We Must Cross a Sea: Remarks on Transformational Leadership and the Civil Rights Movement
Years ago when I was a graduate student at Boston University, the social historian and senior editor of Ebony magazine, Lerone Bennett, spoke at the annual Martin Luther King Breakfast here in Boston. He told a wonderful story that went something like...
On Employment Discrimination and Police Misconduct: Title VII and the Mirage of the "Monell Analogue"
INTRODUCTIONThe Civil Rights Act is at a pivotal point at fifty. Title VII in particular faces something of an early- to mid-life crisis, and one of the principal struggles during this time of crisis is over the contours of systemic discrimination law....
On Not "Having It Both Ways" and Still Losing: Reflections on Fifty Years of Pregnancy Litigation under Title VII
INTRODUCTIONI am sitting with my hands folded in my lap to keep myself from pulling my hair out while reading the transcript of the argument in Young v. UPS.1 Peggy Young's case against UPS landed in the Supreme Court after the Fourth Circuit upheld...
Private Rights and Private Actions: The Legacy of Civil Rights in the Enforcement of Title VII
INTRODUCTIONRecent scholarship has offered a revisionist history of the enforcement provisions of Title VII of the Civil Rights Act of 1964.1 The revisionists contend that supporters' tactical retreat from administrative to judicial enforcement of the...
Reactive to Proactive: Title Ix's Unrealized Capacity to Prevent Campus Sexual Assault
INTRODUCTIONThis article examines the efforts to use Title IX to address the problem of sexual assaults on college campuses. It seeks to explain an odd phenomenon: universities seem to put more resources into addressing assaults that have already occurred...
Reading Amendments and Expansions of Title VII Narrowly
INTRODUCTIONThroughout Title VII's history, Congress has amended and expanded Title VII. Often, the Supreme Court has read such amendments and expansions narrowly, even as it generally reads Title VII broadly or narrowly depending on the case before...
Right to Serve or Responsibility to Protect? Civil Rights Framing and the Dadt Repeal
INTRODUCTIONDespite documented cases of military discharges on the basis of sodomy that date back to the Revolutionary War, it wasn't until the 1920s that the U.S. military began to take a vested interest in criminalizing consensual same-sex encounters.1...
Special Treatment Everywhere, Special Treatment Nowhere
INTRODUCTIONThis Essay argues that the best defense of civil rights law requires a strong offense. Instead, Title VII is entering its second fifty years with many civil rights advocates in a defensive crouch. Political and intellectual efforts focus...
The Civil Rights Act of 1964 and "Legislating Morality": On Conscience, Prejudice, and Whether "Stateways" Can Change "Folkways"
Most Americans want the Congress to act to right a wrong that has persisted for too long. The hypocrisy in which all of us have had a part has had a corrosive effect on the national conscience. Discrimination is debasing, not just to those discriminated...
The Civil Rights Act of 1964 at 50: Past, Present, and Future
EDITORS' FOREWORDOn July 2, 1964, President Lyndon B. Johnson signed the Civil Rights Act into law after months of Congressional debate and after decades of activism and advocacy by those struggling to achieve equal rights for all Americans. Upon signing...
The Horizontal Effect of a Right to Non-Discrimination in Employment: Religious Autonomy under the U.S. Constitution and the Constitution of South
INTRODUCTIONIn Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC,1 the Court unanimously held that a church could violate federal law by retaliating against a former employee who had threatened to sue the church for disability discrimination.2...
The Long Civil Rights Act and Criminal Justice
INTRODUCTIONFrom where we stand, fifty years later, the Civil Rights Act is both the culmination of seventy years of political agitation to persuade the country to accept the discipline and fundamental intent of the Reconstruction Era civil rights statutes,...
The Regional Economic Impact of the Civil Rights Act of 1964
INTRODUCTIONThe Civil Rights Act of 19641 was a genuine landmark, "the most important piece of legislation passed by Congress in the twentieth century," according to one recent history.2 But did the Act have economic as well as moral and legal significance?...
We Don't Serve Your Kind Here: Public Accommodations and the Mark of Sodom
Negro citizens, North and South, who saw in the Thirteenth Amendment a promise of freedom-freedom to "go and come at pleasure" and to "buy and sell when they please"-would be left with "a mere paper guarantee" if Congress were powerless to assure that...
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