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Coming Out of the Margins: LGBTI Activists in Costa Rica and NicaraguaAbelove, Samantha 01 January 2015 (has links)
For decades LGBTQ rights have been approached purely by a legal strategy, in particular advocating for the legalization of same-sex marriage. However, discrimination and violence against the LGBTQ community continues to be a major issue in Latin America because of cultural values such as Catholicism and machismo that uphold a standard of and, in turn, have control over people’s sexuality. Using a human rights approach towards the politics of sexuality, LGBTI activists in Costa Rican and Nicaragua have been successful in transforming public opinion about sexuality and more importantly, sexual diversity. As a result of their egalitarian framework and efforts to educate people about sexual diversity, they have made great advancements toward achieving acceptance and equality for LGBTI people. This study focuses on how Costa Rican and Nicaraguan LGBTI activists have worked around traditional cultural values such as Catholicism and machismo that prevent people from accepting and tolerating LGBTI people. The examples of LGBTI activists in these two countries have important implications for other LGBTI activists and the strategies they use to try to achieve full equality (social and legal) for people whose sexual identity differs from the conventional.
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LGBT Civil Rights vs. Religious Freedom: Determining the Constitutionality of Statutes that Prohibit Discrimination on Sexual Orientation and Gender Identity Grounds in Areas of Public AccommodationsLopez, Victor 01 January 2017 (has links)
In this thesis I argue that First Amendment free speech and exercise claims do not grant religious business owners the ability to bypass statutes that prohibit discrimination on sexual orientation and gender identity grounds in areas of public accommodations. My arguments focus on the constitutional claims made in the case Masterpiece Cakeshop v. Colorado Civil Rights Commission. Furthermore, I determine that Congress can rely on both the Commerce Clause and the Fourteenth Amendment to pass legislation that prohibits discrimination on sexual orientation and gender identity grounds in areas of public accommodations. I argue that despite the Court’s holding in the Civil Rights Cases, Congress can regulate discrimination by private actors, not just state sponsored discrimination, through the Fourteenth Amendment. I analyze the potential avenues religious business owners can use to undermine both state and federal antidiscrimination statutes and have their discriminatory practices legally sanctioned. I conclude by arguing that religious exemptions do not belong in antidiscrimination statutes.
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Keep on keeping on: The NAACP and the implementation of Brown v. Board of Education in VirginiaDaugherity, Brian James 01 January 2010 (has links)
On May 17, 1954, the United States Supreme Court handed down one of its most important decisions in the twentieth century. Brown v. Board of Education ordered twenty-one U.S. states, including Virginia, to end racial segregation in their public schools.
The National Association for the Advancement of Colored People (NAACP), a nationally-known African American civil rights organization, had led the legal campaign to bring about the Brown decision. After its victory, the organization focused on how to bring about the implementation of the decision in the South in order to effectuate school desegregation. In the later 1950s, the NAACP filed lawsuits in many southern states, including Virginia, where school boards had been unable, or unwilling, to comply. as the possibility of school desegregation grew, white southerners bitterly attacked the NAACP and proponents of integration. In Virginia this led to state-sanctioned investigations of the organization, among other things. Utilizing legislation passed by the state legislature, the governor of Virginia also closed public schools in several Virginia communities in the fall of 1958 to avoid desegregation. The following January, state and federal courts overturned the state's school closing laws, and in February 1959 initial school desegregation began in Virginia. Afterward, the state allowed token, or minimal, school desegregation in an attempt to both avoid judicial scrutiny but also maintain as much segregation as possible. In the 1960s the federal government demonstrated a renewed commitment to school desegregation, and both legislative and executive action pressured the southern states, including Virginia, to increase the amount of school desegregation taking place within their borders. In the late 1960s, the U.S. Supreme Court handed down a series of new school desegregation decisions, starting with Green v. New Kent County (Virginia) in 1968, which sped up the desegregation process in the South.
This dissertation examines the NAACP, Virginia's political leaders, white liberals and moderates, and segregationists during this tumultuous time in Virginia's history. Outside of the desegregation of public education, the manuscript also considers the desegregation of higher education, public transportation and accommodations, the expansion of black voting rights and political activity, racial violence, and related civil rights issues. Blending social, legal, political, and African-American history, this dissertation seeks to shed new light on the Civil Rights Movement and white resistance to civil rights in Virginia and the South.
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Personnel Managers' Attitudes Towards Affirmative Action & Its Potential CorrelatesDunville, Donna 01 May 1993 (has links)
Despite the controversy surrounding Affirmative Action (AA), relatively little research has appeared about attitudes towards these programs. In this research, an exploratory approach is implemented to assess the support of personnel managers for the theory of AA as well as the mechanisms designed to carry it out. Also, the relationship to Supreme Court decisions, relevant legislation, and numerous demographic, attitudinal, and organizational variables are examined for their impact on Affirmative Action attitudes. A questionnaire was utilized to assess support for AA and its correlates. The majority of personnel managers indicate support for both AA in theory and the mechanisms required to carry these programs out. This research indicates either very small or no differences exist between support for AA concepts versus AA mechanisms, support for gender -based versus race-based AA, or support reported by private sector versus public sector personnel managers for AA. How personnel managers perceive the impact of Court Decisions and the 1991 Civil Rights Act on AA implementation, although small, was found to be a significant correlate of AA attitudes. The race of the respondent was found to be the most significant determinant of AA attitudes. Although minorities were found to be more supportive than nonminorities, both were found to register support for these programs.
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Modern Conservative Judicial Activism in the Supreme Court and the Entrenchment of Privilege as a Rights ClaimMooradian, Carmen Beatriz B. 01 April 2013 (has links)
In this work , I analyze the emergence of a series of Supreme Court cases in the Rehnquist and Roberts era which frame race-conscious legislation as discriminatory against whites; and which are responded to by the conservative justices as though anticlassification and reverse-discrimination are indeed rights claims. I analyze the response of the conservative justices to such claims, and posit that response of the conservative Justices to such cases constitutes activism. Further, the emergence of these cases can be attributed to the entrenchment of a colorblind narrative that is by its very nature not grounded in social reality, or historical context; and which aims to elevate the privileges of whiteness into rights. The implications of these narratives and conservative judicial activism will have monumental consequences for minority populations of color in the country.
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Disability in America: A Minority Group for EveryoneOstreim, Nicholas W. 01 January 2010 (has links)
July 26, 2010 marked the twentieth anniversary of the Americans with Disabilities Act; the greater implications of comprehensive disability policy are yet to be seen. Nearly twenty percent of Americans have a disability. With such a significant portion of Americans affected, is equal access to employment opportunities, transportation, and communication available? The history of disability in America tells a story of isolation and institutionalization. The civil rights movement of the 1950’s and 60’s opened up an opportunity for America’s most versatile minority group. A survey conducted by the International Center for the Disabled in 1986 showed sixty-six percent of non-institutionalized disabled individuals wished to be employed but did not have access to a job. The ADA attempts to knock down the societal barriers facing these individuals. Two decades later, the efficacy of the ADA is under fire. A series of legal battles during the 1990’s narrowed the scope of ADA regulations. The ADA Amendments Act of 2008 attempts to “restore the intent and protections” of the original bill but does it succeed? Disability rights experts and disabled citizens agree: there is much work to be done.
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Islamophobia, Pluralism, and Multiculturalism: A Comparison between Western Europe and the United StatesBoerigter, Thomas J. 01 January 2012 (has links)
This thesis examines the role(s) of pluralism and the multiculturalism/monoculturalism binary within Islamophobia in the United States and the nations of Western Europe. It analyzes the history of Muslims in Western Europe in order to better understand the relationship between native Europeans and Muslims immigrants, then comparing this relationship to Americans and the Muslim immigrants to the United States.
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State Authority versus Citizens’ Rights: An Analysis of Police Use of Deadly Force Regulations and their Implications for FergusonGibson, Dana M 01 January 2015 (has links)
The recent shooting of unarmed teenager Michael Brown by police officer Darren Wilson in Ferguson, Missouri rekindled the age-old debate of how the authority of the state to enact the law and guard public safety, specifically in terms of police use of deadly force, ought to properly be balanced against citizens’ rights. The social consequences of this incident illustrate the profound importance of policy governing this issue. This thesis provides an analysis of the governing Supreme Court precedent which informs this issue, as well as the state statutes of Missouri and the police department regulations of Ferguson, Seattle, Denver, and New Hampshire which govern the police use of deadly force. The application of these standards to varying scenarios of the Ferguson shooting serves to demonstrate how these standards operationalize and highlights the discrepancies that exist across jurisdictions in terms of restricting and evaluating police use of deadly force. Ultimately, ambiguity in the current standards, incongruities and difficulties in their implementation, as well as significant concerns of inherent injustice lead to the conclusion that the police use of deadly force should be limited to instances in which such force is necessary to protect human life or prevent serious physical injury.
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Immigrant Labor in Fish Processing in the Pacific Northwest and British Columbia and Current Undocumented LaborSalinas Ferreira, Adi D 01 January 2015 (has links)
The beginning of industrialized fish processing plants reveals themes of labor exploitation, racial and gender segregation, and antagonistic legislation that have continued well into the present. Today in the Pacific North West, the majority of workers are Latino and many among them are undocumented or DACAmented. Many aspects of the work conditions in salmon canneries back in the late 1800’s to the mid 1900’s and the work conditions in present day fish processing plants have not changed. Many jobs in a fish processing plant remain gendered, and when there is more than one race working in a single plant racial tensions as well as differences in the owners expectations of labor output by race may arise. The study interviews undocumented workers and documents their experience working in fish processing plants as well as provides historical context.
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Profiling Beyond Race: Characteristics Associated with Traffic Stop OutcomesAnderson, Megan 01 May 2021 (has links)
Research related to profiling and the outcome of traffic stops has generally focused on the race of the individuals involved. Little research has examined other characteristics, such as age and socioeconomic status, that may also play a role in traffic stop outcomes. The current study sought to address this limitation in two ways: (1) determine whether the characteristics of age, sex, race, social class, and demeanor are profiled during traffic stops and (2) whether these characteristics influenced the outcome of the traffic stops with regard to tickets and vehicle searches. Secondary data were utilized from the 2015 Police-Public Contact Survey. Findings revealed that not only race, but age, sex, social class, and demeanor of both the officer and the driver had an affect on the outcome of a traffic stops.
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