Civil Rights

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Overview

What are civil rights?

Civil rights provide basic freedoms to individuals and seek to achieve the equal enjoyment of rights and privileges. Civil rights manifest in various forms. One civil right is the entitlement to equal treatment, or equal protection of law, regardless of an individual's membership in a protected category. This civil right covers protection from discrimination on the basis of race, sex, national origin, age, and disability, among other things. Civil rights also include various personal freedoms, such as the right to privacy, to free speech, to vote, to partake in political action, and to peacefully protest. Additionally, civil rights encompass the right to receive due process and, for those suspected of a crime, to receive a fair investigation and trial.

Civil rights overlap with civil liberties. Civil liberties can, however, be distinguished from civil rights in that civil liberties largely encompass those rights which protect against the infringement by government upon personal freedoms, such as the right to religious freedom and the freedom of speech.

What laws protect civil rights?

In the United States, the federal Constitution is the preeminent source of civil rights. States may grant civil rights in their own Constitutions or through legislation; however, they can only be more expansive, and may not in any way reduce federal civil rights protection.

The Bill of Rights, the first ten amendments ratified to the Constitution in 1791, contains the earliest civil rights protections. Examples include the freedom of speech (U.S. Const. Am. 1), freedom from unwarranted searches and seizures (U.S. Const. Am. 4), the right to due process (U.S. Const. Am. 5), and the right to be free from cruel and unusual punishment (U.S. Const. Am. 8).

The Constitution did not address discrimination until the passage of the 13^th, 14^th, and 15^th Amendments, following the Civil War during the Reconstruction. The oldest civil rights protections, the Bill of Rights, were not only limited in scope (offering no protection against discrimination), but were also limited in application. The Bill of Rights was only applied to a segment of the population, and did not guarantee the equal enjoyment of civil rights by minorities, women, and, sometimes, non-property-owning individuals. Even after the passage of the 13^th-15^th Amendments, the Supreme Court's restrictive interpretation of related federal legislation severely undermined achievement of equal protection and due process.

Although women received the right to vote in 1920 (U.S. Const. Am. 19), they, along with other minorities, did not enjoy their full entitlement to civil rights until decades later, after Congress passed additional federal civil rights legislation. During the Civil Rights Movement of the 1950's-60's, Congress enacted some of the most important civil rights laws, such as the Civil Rights Act of 1964 and the Voting Rights Act of 1965. Unlike the federal legislation passed during Reconstruction to implement the 13^th-15^th Amendments, the Supreme Court repeatedly upheld the new civil rights legislation. Supreme Court cases, such as Brown v. Board of Education, 347 U.S. 483 (1954) (overruling the "separate-but-equal" doctrine upheld in Plessy v. Ferguson, 163 U.S. 537 (1896), as well as federal enforcement of new civil rights laws, were instrumental in achieving greater enjoyment of civil rights.

Beginning in the 1970's, federal and state governments, as well as private entities, established affirmative action programs to eradicate the effects of discrimination. The Supreme Court, however, beginning with the Regents of the University of California v. Bakke, 438 U.S. 265 (1978) (holding unlawful white applicant's exclusion from medical school on grounds applicant was disfavored on basis of race), has struck down many of these programs as unconstitutional discrimination.

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Featured Cases

Goodwin v. Retrieve, Inc.
1:2011cv11434
Filed in Massachusetts District Court
Type of Suit: Employment
Plaintiff: Stephen C Goodwin. Defendant: Retrieve, Inc.
Judge: Denise J. Casper
Cause Of Action: Diversity-Breach of Contract
(September 8, 2011)
Nwakanma et al v. Clark et al
4:2011cv00188
Filed in Georgia Northern District Court
Type of Suit: Other
Plaintiff: Miracle Nwakanma, Cornelius Spencer, Gregory Haine and Eric Town. Defendant: Timothy Clark, Sherman Davi, Kenny Gilreath, Jack Hamilton, John Lyon and other.
Judge: Harold L. Murphy
(August 2, 2011)
Domond v. New York State Department Of Corrections
1:2011cv02960
Filed in New York Eastern District Court
Type of Suit: Other Civil Rights
Plaintiff: Marie Domond. Defendant: New York State Department Of Correction.
Judge: Sandra L. Townes
Cause Of Action: Civil Rights Act
(June 19, 2011)
Perry et al v. Schwarzenegger et al
3:2009cv02292
Filed in California Northern District Court
Type of Suit: Other Civil Rights
Plaintiff: Kristin M. Perry, Kristin M. Perry, Kristin M. Perry, Kristin M. Perry, Kristin M. Perry and others... Defendant: Arnold Schwarzenegger, Edmund G. Brown, Jr., Mark B. Horton, Linette Scott, Patrick O'Connell and others...
Judge: Vaughn R. Walker
Cause Of Action: Civil Rights Act
(January 6, 2011)
Koubriti v. Convertino et al
2:2007cv13678
Filed in Michigan Eastern District Court
Type of Suit: Other Civil Rights
Plaintiff: Karim Koubriti; Defendant: Richard Convertino, Michael Thomas, Harry Raymond Smith
Judge: Avern Cohn
Cause Of Action: No cause code entered
(December 2, 2008)

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Dockets

Brosh et al v. Duke
1:2012cv00337
Filed in Colorado District Court
Type of Suit: Other Civil Rights
Plaintiff: Jeff Brosh and John Coon. Defendant: Linda Duke.
Judge: Christine M. Arguello
Cause Of Action: Civil Rights
(February 8, 2012)
Dr. Mumbi Mwangi v. Dale Braegelman
12-1317
Filed in Eighth Circuit Court of Appeals
Type of Suit: Other Civil Rights
Plaintiff - Appellee: Dr. Mumbi Mwangi. Defendant - Appellant: Dale Braegelman. Defendant: Susan Pladson, doing business as Prudential Pladson Realty.
(February 8, 2012)
Plaintiff v. Defendant
12-1315
Filed in Eighth Circuit Court of Appeals
Type of Suit: Employment
Plaintiff v. Defendant
(February 8, 2012)
Plaintiff v. Defendant
12-1160
Filed in Fourth Circuit Court of Appeals
Type of Suit: Employment
Plaintiff v. Defendant
(February 8, 2012)
Plaintiff v. Defendant
1:2012cv00764
Filed in New Jersey District Court
Type of Suit: Employment
Plaintiff v. Defendant
Judge: Robert B. Kugler
Cause Of Action: Fair Labor Standards Act
(February 8, 2012)

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Legislation

Bill Enacted: H.R.2112 Department of Justice Appropriations Act, 2012
An act making consolidated appropriations for the Departments of Agriculture, Commerce, Justice, Transportation, and Housing and Urban Development, and related programs for the fiscal year ending September 30, 2012, and for other purposes.
November 17, 2011: Became Public Law No: 112-55.
(November 16, 2011)
Bill Introduced: S.1572 Science Appropriations Act, 2012
An original bill making appropriations for Departments of Commerce and Justice, and Science, and Related Agencies for the fiscal year ending September 30, 2012, and for other purposes.
(September 13, 2011)
Bill Introduced: H.R.2596 Science Appropriations Act, 2012
Making appropriations for Departments of Commerce and Justice, and Science, and Related Agencies for the fiscal year ending September 30, 2012, and for other purposes.
(July 18, 2011)
Bill Introduced: S.3636 Science Appropriations Act, 2011
An original bill making appropriations for the Departments of Commerce and Justice, and Science, and Related Agencies for the fiscal year ending September 30, 2011, and for other purposes.
(July 20, 2010)
Bill Enacted: H.R.2847 HIRE Act
Making appropriations for the Departments of Commerce and Justice, and Science, and Related Agencies for the fiscal year ending September 30, 2010, and for other purposes.
March 17, 2010: Became Public Law No: 111-147.
(March 16, 2010)

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Regulations

Proposed Rule - Recordkeeping and Reporting Requirements under Title VII, the ADA, and GINA
Equal Employment Opportunity Commission
Proposed Rule
Recordkeeping and Reporting Requirements under Title VII, the ADA, and GINA
,
31892-31895 [2011-13629]
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 29 CFR Part 1602 RIN 3046-AA89 Recordkeeping and Reporting Requirements Under Title VII, the ADA, and GINA AGENCY: Equal Employment Opportunity Commission. ACTION: Notice of proposed rulemaking. SUMMARY: The Equal Employment Opportunity Commission (``EEOC'' or ``Commission'') proposes to extend its existing recordkeeping requirements under title VII of the Civil Rights Act of 1964 (Title VII) and the Americans with Disabilities Act (ADA) to entities... [read document]
View Document | Download PDF
(June 1, 2011)
Rule - Equal Employment Provisions of the Americans with Disabilities Act, as amended
Equal Employment Opportunity Commission
Rule
Equal Employment Provisions of the Americans with Disabilities Act, as amended
,
16978-17017 [2011-6056]
Vol. 76 Friday, No. 58 March 25, 2011 Part III Equal Employment Opportunity Commission 29 CFR Part 1630 Regulations To Implement the Equal Employment Provisions of the Americans With Disabilities Act, as Amended; Final Rule EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 29 CFR Part 1630 RIN 3046-AA85 Regulations To Implement the Equal Employment Provisions of the Americans With Disabilities Act, as Amended AGENCY: Equal Employment Opportunity Commission (EEOC). ACTION: Final Rule. SUMMARY: The Equal... [read document]
View Document | Download PDF
(March 24, 2011)
Rule - Regulations under the Genetic Information Nondiscrimination Act of 2008
Equal Employment Opportunity Commission
Rule
Regulations under the Genetic Information Nondiscrimination Act of 2008
,
68912-68939 [2010-28011]
Part III Equal Employment Opportunity Commission 29 CFR Part 1635 Regulations Under the Genetic Information Nondiscrimination Act of 2008; Final Rule EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 29 CFR Part 1635 RIN [3046--AA84] Regulations Under the Genetic Information Nondiscrimination Act of 2008 AGENCY: Equal Employment Opportunity Commission. ACTION: Final rule. SUMMARY: The Equal Employment Opportunity Commission (``EEOC'' or ``Commission'') is issuing a final rule to implement Title II of the... [read document]
View Document | Download PDF
(November 8, 2010)
Proposed Rule - Definition of Reasonable Factors Other than Age Under the Age Discrimination in ...
Equal Employment Opportunity Commission
Proposed Rule
Definition of Reasonable Factors Other than Age Under the Age Discrimination in Employment Act
,
7212-7218 [2010-3126]
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 29 CFR Part 1625 RIN 3046-AA87 Definition of ``Reasonable Factors Other Than Age'' Under the Age Discrimination in Employment Act AGENCY: Equal Employment Opportunity Commission ACTION: Notice of proposed rulemaking. SUMMARY: The Equal Employment Opportunity Commission (``EEOC'' or ``Commission'') is issuing this notice of proposed rulemaking (``NPRM'') to address the meaning of ``reasonable factors other than age'' (RFOA) under the Age Discrimination in... [read document]
View Document | Download PDF
(February 17, 2010)
Proposed Rule - Federal Sector Equal Employment Opportunity
Equal Employment Opportunity Commission
Proposed Rule
Federal Sector Equal Employment Opportunity
,
67839-67844 [E9-30162]
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 29 CFR Part 1614 RIN Number 3046-AA73 Federal Sector Equal Employment Opportunity AGENCY: Equal Employment Opportunity Commission (EEOC). ACTION: Notice of proposed rulemaking. SUMMARY: The Equal Employment Opportunity Commission is proposing revisions to its federal sector complaint processing regulations. These proposals implement recommendations of the Commissioners' Federal Sector Workgroup. DATES: Comments on the notice of proposed rulemaking must be... [read document]
View Document | Download PDF
(December 20, 2009)

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Articles

Same-Sex Marriage in Argentina: Tolerance and Discrimination in Political Culture
JosÃ© Eduardo Jorge Universidad Nacional de La Plata - Facultad de Periodismo y ComunicaciÃ³n Social Date Posted: February 07, 2012 Last Revised: February 09, 2012
(February 8, 2012)
Do Female Top Managers Help Women to Advance? A Panel Study Using EEO-1 Records
Annals of American Academy of Political and Social Science, Vol. 639, p. 173, January 2012 Fidan Ana Kurtulus and Donald Tomaskovic-Devey affiliation not provided to SSRN and University of Massachusetts at Amherst Date Posted: February 06, 2012 Accepted Paper Series The Matrix: The Boardâs Responsibility for Director Selection and Recruitment Florida State University Business Review, Vol. 11, 2012 Lawrence J. Trautman affiliation not provided to SSRN Date Posted: February 06, 2012 Last Revised: February 08, 2012
(February 7, 2012)
Feminist Legal Realism
Harvard Journal of Law and Gender, Vol. 35, No. 1, 2012, Washington University in St. Louis Legal Studies Research Paper No. 12-02-01 Mae C. Quinn Washington University in Saint Louis - School of Law Date Posted: February 09, 2012 Accepted Paper Series 3 downloads The Legal Construction of Poverty: Gender, 'Work' and the 'Social Contract' Stellenbosch Law Review, Vol. 22, No. 3, pp. 463, 2011, Northeastern University School of Law Research Paper No. 78-2012 Lucy A. Williams Northeastern University - School of Law Date Posted: February 08, 2012 Accepted Paper Series Australiaâs Fair Work Act and the Transformation of Workplace Disability Discrimination Law Wisconsin Law Review, 2012 Paul David Harpur , Ben French and Richard A. Bales The University of Queensland - T.C. Beirne School of Law , affiliation not provided to SSRN and Northern Kentucky University - Salmon P. Chase College of Law Date Posted: February 07, 2012 Accepted Paper Series 7 downloads Australiaâs Solution to Disability Discrimination Enforcement Cornell HR Review, Forthcoming Paul David Harpur , Ben French and Richard A. Bales The University of Queensland - T.C. Beirne School of Law , affiliation not provided to SSRN and Northern Kentucky University - Salmon P. Chase College of Law Date Posted: February 07, 2012 Accepted Paper Series 6 downloads Education for Americans with Disabilities: Reconciling Idea with the 2008 ADA Amendments Northern Kentucky Law Review, Vol. 37, No. 4, 2010 Kathryn Smith and Richard A. Bales Northern Kentucky University - Salmon P. Chase College of Law and Northern Kentucky University - Salmon P. Chase College of Law Date Posted: February 06, 2012 Accepted Paper Series 5 downloads The Positive Impact of the Convention on the Rights of Persons with Disabilities: A Case Study on the South Pacific and Lessons from the U.S. Experience Northern Kentucky Law Review, Vol. 37, No. 4, 2010 Paul David Harpur and Richard A. Bales The University of Queensland - T.C. Beirne School of Law and Northern Kentucky University - Salmon P. Chase College of Law Date Posted: February 06, 2012 Accepted Paper Series 3 downloads The Promise of Trailing-Edge Guidelines to Resolve the Conflict between Uniformity and Judicial Discretion U of St. Thomas Legal Studies Research Paper No. 12-02 Mark William Osler Univ. of St. Thomas (MN) Date Posted: February 03, 2012 Working Paper Series 3 downloads Rebellious State Crimmigration Enforcement and the Foreign Affairs Power Washington University Law Review, Vol. 89, 2012 , University of Washington School of Law Research Paper No. 2011-29 Mary D. Fan University of Washington - School of Law Date Posted: February 02, 2012 Accepted Paper Series 2 downloads Intersexuality and the Law: Why Sex Matters INTERSEXUALITY AND THE LAW: WHY SEX MATTERS, New York University Press, 2012, Thomas Jefferson School of Law Research Paper No. 1996227 Julie A. Greenberg Thomas Jefferson School of Law Date Posted: February 01, 2012 Accepted Paper Series 4 downloads Over My Dead Body: A Better Approach to Testamentary Restraints on Marriage HLS Student Working Paper No. 410 Ruth Sarah Lee Harvard Law School Date Posted: January 30, 2012 Last Revised: February 08, 2012
(February 7, 2012)
Disabling Complexity: The Americans with Disabilities Act of 1990 and Its Interaction with ...
Creighton Law Review, Vol. 38, p. 871, 2005 Tory L. Lucas Liberty University School of Law Date Posted: November 06, 2011 Accepted Paper Series 39 downloads R (LH and MH) v. London Borough of Lambeth - The Provision of Services for Disabled Children Child and Family Law Quarterly, Vol. 19, No. 4, pp. 496-504, 2007 Ed Mitchell Arden Davies Publishing Date Posted: November 04, 2011 Accepted Paper Series Disabled and Disserved: The Right to Counsel for Mentally Disabled Aliens in Removal Proceedings Georgetown Immigration Law Review, Forthcoming, Lewis & Clark Law School Legal Studies Research Paper No. 2012-2 Aliza B. Kaplan Lewis & Clark Law School Date Posted: November 02, 2011 Last Revised: February 05, 2012
(February 4, 2012)
Exploring a More Holistic Approach to the Realization of Socio-Economic Rights in Third World States
Opeoluwa Badaru Critical Research Laboratory in Law and Society, Osgoode Hall Law School, York University Date Posted: February 10, 2012 Working Paper Series Land Acquisition & Human Right Approach: A Case Study Yuvraj Dilip Patil Symbiosis International University , Symbiosis Law School, Pune Date Posted: February 09, 2012 Working Paper Series 1 downloads There is No Human Right to Democracy: But May We Promote It Anyway? Stanford Journal of International Law, Forthcoming, Villanova Law/Public Policy Research Matthew J. Lister University of Pennsylvania Law School Date Posted: February 07, 2012 Accepted Paper Series 39 downloads China and the Human Emory Law and Economics Research Paper No. 12-121, Emory Public Law Research Paper No. 12-185 David L Eng , Teemu Ruskola and Shuang Shen University of Pennsylvania - Department of English , Emory University School of Law and Pennsylvania State University - College of the Liberal Arts Date Posted: February 03, 2012 Working Paper Series 8 downloads Intersexuality and the Law: Why Sex Matters INTERSEXUALITY AND THE LAW: WHY SEX MATTERS, New York University Press, 2012, Thomas Jefferson School of Law Research Paper No. 1996227 Julie A. Greenberg Thomas Jefferson School of Law Date Posted: February 01, 2012 Accepted Paper Series 4 downloads The Fork in the Road after Strasbourg: Effective Remedy or Moral Victory? A Provocative Interpretation of the Duty to 'Abide by the Final Judgment' of the European Court of Human Rights, from the Italian Perspective Riccardo de Caria UniversitÃ degli Studi di Torino Date Posted: January 31, 2012 Working Paper Series 1 downloads Settlement of India/EU WTO Dispute re Seizures of In-Transit Medicines: Why the Proposed EU Border Regulation Isn't Good Enough Northeastern University School of Law Research Paper No. 81-2012 Brook K. Baker Northeastern University - School of Law Date Posted: January 30, 2012 Working Paper Series 3 downloads Human Rights Accountability of International Administrations: Theory and Practice in East Timor ACCOUNTABILITY FOR HUMAN RIGHTS VIOLATIONS BY INTERNATIONAL ORGANISATIONS, pp. 331-354, J. Wouters, E. Brems, S. Smis & P. Smitt, eds., Intersentia, 2010 Eric De Brabandere Grotius Centre for International Legal Studies Date Posted: January 29, 2012 Accepted Paper Series 2 downloads Human Rights Obligations and Transnational Corporations: The Limits of Direct Corporate Responsibility Human Rights and International Legal Discourse, Vol. 4, No. 1, pp. 66-88, 2010 Eric De Brabandere Grotius Centre for International Legal Studies Date Posted: January 29, 2012 Accepted Paper Series 10 downloads Non-State Actors and Human Rights: Corporate Responsibility and the Attempts to Formalize the Role of Corporations as Participants in the International Legal System. PARTICIPANTS IN THE INTERNATIONAL LEGAL SYSTEM. MULTIPLE PERSPECTIVES ON NON-STATE ACTORS IN INTERNATIONAL LAW, pp. 268-283, J. DâAspremont, ed., Routledge, May 2011, Eric De Brabandere Grotius Centre for International Legal Studies Date Posted: January 29, 2012 Accepted Paper Series 5 downloads Technology and Human Rights: Friends or Foes? Highlighting Innovations Applying to Natural Resources and Medicine TECHNOLOGY AND HUMAN RIGHTS: FRIENDS OR FOES? HIGHLIGHTING INNOVATIONS APPLYING TO NATURAL RESOURCES AND MEDICINE, Human Rights Series No. 1, William Schabas, ed., Republic of Letters Publishing, 2012 Hans Morten Haugen Diakonhjemmet University College Date Posted: January 25, 2012 Accepted Paper Series Reframing the Issue and Cultivating U.S.-based Muslim Humanitarian Relief Organizations Nina J. Crimm St. John's University - School of Law Date Posted: January 23, 2012 Working Paper Series 5 downloads Trade Diplomacy, the Rule of Law and the Problem of Asymmetric Risks in TRIPS Quaker United Nations Office Occasional Paper No. 13, FSU College of Law, Public Law Research Paper, FSU College of Law, Law, Business & Economics Paper Frederick M. Abbott Florida State University - College of Law Date Posted: January 23, 2012 Working Paper Series 6 downloads Reflections on Waldron's Archetypes Law and Philosophy, Vol. 30, No. 1, 2011 Michael Plaxton College of Law, University of Saskatchewan Date Posted: January 22, 2012 Last Revised: February 05, 2012
(February 4, 2012)

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