Civil Rights Archives - Harvard Law School (2022)

Table of Contents
William Coleman’s Legacy The Present and Future of the European Court of Human Rights – Introduction of President Luzius Wildhaber A Look Back at the Dred Scott Decision After September 11 – National and International Legal Tasks Benching NFL Players For Protesting During the Anthem Would Be Illegal Opinion, The Law is on the NFL Players’ Side Law, Organizing, and Status Quo Vulnerability “Protection for Every Class of Citizens”: The New York City Draft Riots of 1863, the Equal Protection Clause, and the Government’s Duty to Protect Civil Rights Designing State Voting Rights Acts: A Guide to Securing Equal Voting Rights for People of Color and a Model Bill Return of the States Fair Representation in Local Government Dimensional Disparate Treatment Civil Rights in a Desegregating America The Voting Rights Amendment Act of 2014: A Constitutional Response to Shelby County Atwater and the Misdemeanor Carceral State The Promise of America The Taming of Free Speech: America’s Civil Liberties Compromise The Vagrancy Law Challenge and the Vagaries of Legal Change Book Review: How Sex Became A Civil Liberty Toward a Law and Politics of Racial Solidarity Racial Justice and Law, Cases and Materials The Difference Engine: Perpetuating Poverty through Algorithms WHY NOT BASE FREE SPEECH ON AUTONOMY OR DEMOCRACY? Square Pegs and Round Holes: Substantive Due Process, Procedural Due Process, and the Bill of Rights Disability, Human Rights, and Information Technology Social Rights and the Relational Value of the Rights to Participate in Sport, Recreation, and Play Disability, the Supreme Court, and Equal Protection: Standing at the Crossroads of Progressive and Retrogressive Logic in Constitutional Classification Human Rights and Genetic Discrimination: Protecting Genomics’ Promise for Public Health Same Struggle, Different Difference: ADA Accommodations as Antidiscrimination Assessing Post-ADA Employment: Some Econometric Evidence and Policy Considerations Disabling Prejudice Beyond Disability Civil Rights The Disability–Employability Divide: Bottlenecks to Equal Opportunity PORNOGRAPHY, CIVIL RIGHTS, AND SPEECH In Harm’s Way The Pornography Civil Rights Hearings In Their Hands: Restoring Institutional Liability for Sexual Harassment in Education What Is Normal What the Civil Rights Movement Was and Wasn’t Constitutional Politics and the Conservative Court Did Brown Matter? The Right to Marry The Bill of Rights in the Modern State On Marshall’s Conception of Equality Public Deliberation, Affirmative Action, and the Supreme Court What the Civil Rights Movement Was and Wasn’t (With Notes on Martin Luther King, Jr. and Malcolm X) Inequality and Indignation
  • William Coleman’s Legacy

    October 29, 2022

    Stephen Breyer, William Coleman’s Legacy, Wall St. J., Nov. 2, 2017.

  • The Present and Future of the European Court of Human Rights – Introduction of President Luzius Wildhaber

    October 29, 2022

    Stephen G. Breyer, The Present and Future of the European Court of Human Rights – Introduction of President Luzius Wildhaber, 22 Am. U. Int’l L.

  • A Look Back at the Dred Scott Decision

    October 29, 2022

    Stephen G. Breyer, A Look Back at the Dred Scott Decision, 35 J. Sup. Ct. Hist. 110 (2010).

  • After September 11 – National and International Legal Tasks

    October 29, 2022

    Stephen Breyer, After September 11 – National and International Legal Tasks, 20 Experience 29 (2010).

  • Benching NFL Players For Protesting During the Anthem Would Be Illegal

    October 29, 2022

    Benjamin Sachs, Benching NFL Players For Protesting During the Anthem Would Be Illegal, VOX (Oct. 15, 2017, 8:36 AM).

  • Opinion, The Law is on the NFL Players’ Side

    October 29, 2022

    Benjamin I. Sachs & Noah Zatz, Opinion, The Law is on the NFL Players’ Side, N.Y. Times, Oct. 17, 2017.

  • Law, Organizing, and Status Quo Vulnerability

    October 29, 2022

    Benjamin I. Sachs, Law, Organizing, and Status Quo Vulnerability, 96 Tex. L. Rev. 351 (2017).

  • “Protection for Every Class of Citizens”: The New York City Draft Riots of 1863, the Equal Protection Clause, and the Government’s Duty to Protect Civil Rights

    October 19, 2022

    Andrew Lanham, “Protection for Every Class of Citizens”: The New York City Draft Riots of 1863, the Equal Protection Clause, and the Government’s Duty to…

  • Designing State Voting Rights Acts: A Guide to Securing Equal Voting Rights for People of Color and a Model Bill

    October 19, 2022

    Ruth Greenwood and Aseem Mulji, Designing State Voting Rights Acts, Campaign Legal Center (July 13, 2020).

  • Return of the States

    October 19, 2022

    Ruth Greenwood, Return of the States, 40 The Harbinger 97 (2015).

  • Fair Representation in Local Government

    October 19, 2022

    Ruth Greenwood, Fair Representation in Local Government, 5 Ind. J.L. & Soc. Equality 197 (2017).

  • Dimensional Disparate Treatment

    October 19, 2022

    Benjamin Eidelson, Dimensional Disparate Treatment, 95 S. Cal. L. Rev. (forthcoming 2022).

  • Civil Rights in a Desegregating America

    October 19, 2022

    Nicholas Stephanopoulos, Civil Rights in a Desegregating America, 83 U. Chi. L. Rev. 1329 (2016).

  • The Voting Rights Amendment Act of 2014: A Constitutional Response to Shelby County

    October 19, 2022

    William Yeomans, Nicholas Stephanopoulos, Gabriel Jackson Chin, Samuel R. Bagenstos & Gilda Daniels, The Voting Rights Amendment Act of 2014: A Constitutional Response to Shelby…

  • Atwater and the Misdemeanor Carceral State

    October 19, 2022

    Alexandra Natapoff, Atwater and the Misdemeanor Carceral State, 133 Harv. L. Rev. F. 147 (2020).

  • The Promise of America

    October 19, 2022

    Hon. Joseph A. Greenaway, Jr.,The Promise of America, 37 Cardozo L. Rev. 1167 (2016).

  • The Taming of Free Speech: America’s Civil Liberties Compromise

    October 19, 2022

    Laura Weinrib, The Taming of Free Speech: America’s Civil Liberties Compromise (2016).

  • The Vagrancy Law Challenge and the Vagaries of Legal Change

    October 19, 2022

    Laura Weinrib, The Vagrancy Law Challenge and the Vagaries of Legal Change, 43 Law & Soc. Inquiry 1669 (2018) (reviewing Risa Goluboff, Vagrant Nation: Police…

  • Book Review: How Sex Became A Civil Liberty

    October 19, 2022

    Laura Weinrib, Book Review, 32 Law & Hist. Rev. 728 (2014)(reviewing Leigh Ann Wheeler, How Sex Became a Civil Liberty (2013)).

  • October 19, 2022

    Nikolas Bowie, Note, Congress’s Power to Define the Privileges & Immunities of Citizenship, 128 Harv. L. Rev. 1206 (2015).

  • Toward a Law and Politics of Racial Solidarity

    October 19, 2022

    Luis Fuentes-Rohwer & Guy-Uriel Charles, Toward a Law and Politics of Racial Solidarity, 106 Cornell L. Rev. Online 50 (2021).

  • Racial Justice and Law, Cases and Materials

    October 19, 2022

    Ralph R. Banks, Kim Forde-Mazrui, Guy-Uriel Charles & Cristina M. Rodriguez, Racial Justice and Law, Cases and Materials (2016).

  • The Difference Engine: Perpetuating Poverty through Algorithms

    October 19, 2022

    Rebecca Tushnet, The Difference Engine: Perpetuating Poverty through Algorithms, JOTWELL (July 18, 2018) (reviewing Virginia Eubanks, Automating Inequality: How High-Tech Tools Profile, Police, and Punish…

  • WHY NOT BASE FREE SPEECH ON AUTONOMY OR DEMOCRACY?

    October 19, 2022

    T. M. Scanlon, Why Not Base Free Speech on Autonomy or Democracy, 97 VA. L. Rev. 541 (2011).

  • Square Pegs and Round Holes: Substantive Due Process, Procedural Due Process, and the Bill of Rights

    October 19, 2022

    Peter J. Rubin, Square Pegs and Round Holes: Substantive Due Process, Procedural Due Process, and the Bill of Rights, 103 Colum. L. Rev. 833 (2003).

  • Disability, Human Rights, and Information Technology

    October 19, 2022

    Disability, Human Rights, and Information Technology (Jonathan Lazar & Michael Ashley Stein eds., 2017).

  • Social Rights and the Relational Value of the Rights to Participate in Sport, Recreation, and Play

    October 19, 2022

    Michael Ashley Stein, Social Rights and the Relational Value of the Rights to Participate in Sport, Recreation, and Play, 27 B.U. Int’l L.J. 249 (2009).

  • Disability, the Supreme Court, and Equal Protection: Standing at the Crossroads of Progressive and Retrogressive Logic in Constitutional Classification

    October 19, 2022

    Anita Silvers & Michael Ashley Stein, Disability, the Supreme Court, and Equal Protection: Standing at the Crossroads of Progressive and Retrogressive Logic in Constitutional Classification,…

  • Human Rights and Genetic Discrimination: Protecting Genomics’ Promise for Public Health

    October 19, 2022

    Michael Ashley Stein & Anita Silvers, Human Rights and Genetic Discrimination: Protecting Genomics’ Promise for Public Health, 31 J.L. Med. & Ethics 377 (2003).

  • Same Struggle, Different Difference: ADA Accommodations as Antidiscrimination

    October 19, 2022

    Michael Ashley Stein, Same Struggle, Different Difference: ADA Accommodations as Antidiscrimination, 153 U. Pa. L. Rev. 579 (2004).

  • Assessing Post-ADA Employment: Some Econometric Evidence and Policy Considerations

    October 19, 2022

    John J. Donohue, Michael Ashley Stein, Christopher L. Griffin & Sascha Becker, Assessing Post-ADA Employment: Some Econometric Evidence and Policy Considerations, 8 J. Empirical Legal…

  • Disabling Prejudice

    October 19, 2022

    Michael Evan Waterstone & Michael Ashley Stein, Disabling Prejudice, 102 Nw. U. L. Rev. 1351 (2008)(reviewing Mark C. Weber, Disability Harassment (2007)).

  • Beyond Disability Civil Rights

    October 19, 2022

    Michael Ashley Stein & Penelope J.S. Stein, Beyond Disability Civil Rights, 58 Hastings L.J. 1203 (2007).

  • The Disability–Employability Divide: Bottlenecks to Equal Opportunity

    October 19, 2022

    Bradley A. Areheart & Michael Ashley Stein, The Disability–Employability Divide: Bottlenecks to Equal Opportunity, 113 Mich. L. Rev. 101 (2015)(reviewing Joseph Fishkin, Bottlenecks: A New…

  • PORNOGRAPHY, CIVIL RIGHTS, AND SPEECH

    October 19, 2022

    Catharine A. MacKinnon, Pornography, Civil Rights, and Speech, 20 Harv. C.R.-C.L. L. Rev. 1 (1985).

  • In Harm’s Way The Pornography Civil Rights Hearings

    October 19, 2022

    In Harm’s Way: The Pornography Civil Rights Hearings (Catharine A. MacKinnon & Andrea Dworkin eds., Harv. Univ. Press 1998).

  • In Their Hands: Restoring Institutional Liability for Sexual Harassment in Education

    October 19, 2022

    Catharine A. MacKinnon, In Their Hands: Restoring Institutional Liability for Sexual Harassment in Education, 125 Yale L.J. 2038 (2016).

  • What Is Normal

    October 19, 2022

    Cass R. Sunstein, What Is Normal, (Harv. Pub. L. Working Paper No. 21-24, June 21, 2021).

  • What the Civil Rights Movement Was and Wasn’t

    October 19, 2022

    Cass R. Sunstein, What the Civil Rights Movement Was and Wasn’t, in Reassessing the 1960s: Debating the Political and Cultural Legacy (Stephen Macedo ed., 1997).

  • Constitutional Politics and the Conservative Court

    October 19, 2022

    Cass R. Sunstein, Constitutional Politics and the Conservative Court, Am. Prospect, Dec, 26, 2000.

  • Did Brown Matter?

    October 19, 2022

    Cass R. Sunstein, Did Brown Matter?, in Brown at 50, the Unfinished Legacy: A Collection of Essays 116 (Deborah L Rhode & Charles J. Ogletree,…

  • The Right to Marry

    October 19, 2022

    Cass R. Sunstein, The Right to Marry, 26 Cardozo L. Rev. 2081 (2005).

  • The Bill of Rights in the Modern State

    October 19, 2022

    The Bill of Rights in the Modern State (Geoffey R. Stone, Richard A. Epstein & Cass R. Sunstein eds., Univ. Chi. Press 1992).

  • On Marshall’s Conception of Equality

    October 19, 2022

    Cass R. Sunstein, On Marshall’s Conception of Equality, 44 Stan. L. Rev. 1267 (1992).

  • Public Deliberation, Affirmative Action, and the Supreme Court

    October 19, 2022

    Cass R. Sunstein, Public Deliberation, Affirmative Action, and the Supreme Court, 84 Calif. L. Rev. 1179 (1996).

  • What the Civil Rights Movement Was and Wasn’t (With Notes on Martin Luther King, Jr. and Malcolm X)

    October 19, 2022

    Cass R. Sunstein, What the Civil Rights Movement Was and Wasn’t (With Notes on Martin Luther King, Jr. and Malcolm X), 1995 U. Ill. L.

  • Inequality and Indignation

    October 19, 2022

    Edna Ullmann-Margalit & Cass R. Sunstein, Inequality and Indignation, 30 Phil. & Pub. Aff. 337 (2001).

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