Volume 95, Number 3 – May 2015
CONTENTS
SYMPOSIUM
THE CIVIL RIGHTS ACT OF 1964 AT 50: PAST, PRESENT, AND FUTURE
- More detailed information about this symposium, including video recordings of the panels and keynote addresses is available here.
Editors’ Foreword
Page 683
PANEL I: HISTORICAL PERSPECTIVES
The Long Civil Rights Act and Criminal Justice
Margaret Burnham
Page 687
Intersectionality and Title VII: A Brief (Pre-)History
Serena Mayeri
Page 713
Private Rights and Private Actions: The Legacy of Civil Rights in the Enforcement of Title VII
George Rutherglen
Page 733
The Regional Economic Impact of the Civil Rights Act of 1964
Gavin Wright
Page 759
PANEL II: CLASSIFICATIONS AND CATEGORIES IN THE 1964 ACT AND IN SUBSEQUENT CIVIL RIGHTS LAWS
Reading Amendments and Expansions of Title VII Narrowly
Henry L. Chambers, Jr.
Page 781
Marital Status Discrimination 2.0
Courtney G. Joslin
Page 805
Backlash, Courts, and Disability Rights
Michael Waterstone
Page 833
PANEL III: RESHAPING PUBLIC AND PRIVATE SPACE: PUBLIC ACCOMMODATIONS, NEIGHBORHOODS, AND HOUSING
Can’t We Be Your Neighbor? Trayvon Martin, George Zimmerman, and the Resistance to Blacks as Neighbors
Jeannine Bell
Page 851
Model Neighborhoods Through Mayors’ Eyes Fifty Years After the Civil Rights Act
Katherine Levine Einstein & David M. Glick
Page 873
The Civil Rights Act of 1964 and “Legislating Morality”: On Conscience, Prejudice, and Whether “Stateways” can Change “Folkways”
Linda C. McClain
Page 891
We Don’t Serve Your Kind Here: Public Accommodations and the Mark of Sodom
Joseph William Singer
Page 929
Bargaining for Civil Rights: Lessons from Mrs. Murphy for Same-Sex Marriage and LGBT Rights
Robin Fretwell Wilson
Page 951
PANEL IV: RESHAPING PUBLIC AND PRIVATE SPACE: EDUCATION, THE WORKPLACE, AND THE MILITARY
On Not “Having It Both Ways” and Still Losing: Reflections on Fifty Years of Pregnancy Litigation Under Title VII
Deborah L. Brake
Page 995
Right to Serve or Responsibility to Protect? Civil Rights Framing and the DADT Repeal
Catherine Connell
Page 1015
Moving Forward, Looking Back: A Retrospective on Sexual Harassment Law
Joanna L. Grossman
Page 1029
Reactive to Proactive: Title IX’s Unrealized Capacity to Prevent Campus Sexual Assault
Katharine Silbaugh
Page 1049
PANEL V: PROVING DISCRIMINATION
On Employment Discrimination and Police Misconduct: Title VII and the Mirage of the “Monell Analogue”
Tristin K. Green
Page 1077
Class-Based Adjudication of Title VII Claims in the Age of the Roberts Court
Michael C. Harper
Page 1099
Addressing Systemic Discrimination: Public Enforcement and the Role of the EEOC
Pauline T. Kim
Page 1133
Special Treatment Everywhere, Special Treatment Nowhere
Noah D. Zatz
Page 1155
PANEL VI: THE LIMITS AND FUTURE OF ANTIDISCRIMINATION LAW
The Horizontal Effect of a Right to Non-Discrimination in Employment: Religious Autonomy Under the U.S. Constitution and the Constitution of South Africa
Sonu Bedi
Page 1181
Blaming Mothers: A Disability Perspective
Ruth Colker
Page 1205
RECEPTION ADDRESS
Now We Must Cross a Sea: Remarks on Transformational Leadership and the Civil Rights Movement
Walter Earl Fluker
Page 1225