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