scholarly journals Access to Counsel

2014 ◽  
Vol 1 (1) ◽  
pp. 95-102 ◽  
Author(s):  
Cheryl R. Kaiser ◽  
Victor D. Quintanilla

Employment discrimination claimants in general, and racial minority claimants in particular, disproportionately lack access to legal counsel. When employment discrimination claimants lack counsel, they typically abandon their claims, or if they pursue their claims, they do so pro se (without counsel), a strategy that is seldom successful in court. Access to counsel is, hence, a decisive component in whether employment discrimination victims realize the potential of civil rights enforcement. Psychological science analyzes access to counsel by identifying psychological barriers—such as threatened social identity, mistrust in legal authorities, and fear of repercussions—that prevent employment discrimination victims from pursuing counsel. The analysis also identifies how cultural beliefs and practices concerning justice—such as meritocracy beliefs, perceived post-racialism, and organizational diversity initiatives—shape how judges, jurors, and lay people think about discrimination. Furthermore, counsels’ perceptions of other’s beliefs about discrimination shape their assessed likelihood of prevailing. These psychological barriers intersect with structural barriers to shape counsels’ evaluation of each case’s likely financial viability, which can prevent counsel from accepting cases that they otherwise deem meritorious. Policy can help those who experience employment discrimination obtain legal representation and meaningful redress for civil rights violations.

2003 ◽  
Vol 1 (2) ◽  
pp. 88-100
Author(s):  
Paula Kriner ◽  
Yolanda Bernal

Asthma is a major cause of morbidity in children and adults. Imperial County has reported among the highest asthma hospitalization rates in the state. Factors such as poverty, access to care, poor selfmanagement skills, and ethnocultural beliefs may influence asthma exacerbations. Provider and adult asthmatic attitudes, beliefs, and practices regarding asthma were examined using a mixed-methods approach: a survey to evaluate provider conformance with national guidelines, and focus groups targeting medical practitioners and adult asthmatics. Half of all providers who treat asthmatics completed a self-administered survey about asthma diagnosis; clinical monitoring of patients; treatment; patient education; and practice guidelines. Provider focus groups further explored survey results. Adult asthmatics participated in Spanishlanguage focus groups exploring cultural beliefs, attitudes, and practices. El asma es la mayor causa de morbilidad entre niños y adultos. El Condado de Imperial ha reportado las tazas más altas de hospitalización a causa de asma en el estado. Factores como la pobreza, acceso a cuidado médico, falta de experiencia sobre como manejar la enfermedad, y creencias étnicas y culturales pueden tener una influencia en las exacerbaciones del asma. Las actitudes, creencias, y prácticas de proveedores de atención médica y adultos concerniente al asma fueron examinadas utilizando varios métodos: una encuesta con el fin de evaluar el nivel de conformidad de los proveedores según las pautas establecidas a nivel nacional, y grupos foco con médicos y adultos con asma. La mitad de los proveedores que proveen atención a asmáticos completaron una encuesta acerca del diagnosis de asma; el monitoreo clínico de los pacientes; administración de tratamiento; educación a los pacientes; y pautas establecidas para proveer atención a pacientes con asma. Los grupos foco con los proveedores exploraron aun más los resultados de las encuestas. Los adultos con asma participaron en grupos foco dirigidos en español para explorar más a fondo las creencias culturales, actitudes y prácticas.


2019 ◽  
Vol 42 (2) ◽  
pp. 180-195
Author(s):  
Shirley A. Jackson

In 2017, Oregon passed House Bill 2845 requiring Ethnic Studies curriculum in grades K–12. It was the first state in the nation to do so. The bill passed almost fifty years after the founding of the country’s first Ethnic Studies department. The passage of an Ethnic Studies bill in a state that once banned African Americans and removed Indigenous peoples from their land requires further examination. In addition, the bill mandates that Ethnic Studies curriculum in Oregon's schools includes “social minorities,” such as Jewish and LGBTQ+ populations which makes the bill even more remarkable. As such, it is conceivable for some observers, a watered-down version of its perceived original intent—one that focuses on racial and ethnic minorities. Similarly, one can draw analogies to the revision of the Civil Rights Bill of 1964 when it included women as a protected group. Grounded in a socio-political history that otherwise would not have been included, this essay examines the productive and challenging aspect of HB 2845. Framing the bill so it includes racial, ethnic, and social minorities solved the problem of a host of bills that may not have passed on their own merit while simultaneously and ironically making it easier to pass similar bills.


2020 ◽  
Author(s):  
Sachin S. Pandya ◽  
Marcia McCormick

This paper reviews the U.S. Supreme Court’s opinion in Bostock v. Clayton County (2020). There, the Court held that by barring employer discrimination against any individual “because of such individual’s . . . sex,” Title VII of the Civil Rights Act of 1964 also bars employment discrimination because an individual is gay or transgender. The paper then speculates about how much Bostock will affect how likely lower court judges will read other “sex” discrimination prohibitions in the U.S. Code in the same way, in part based on a canvass of the text of about 150 of those prohibitions. The paper also discusses the religion-based defenses that defendants may raise in response under Title VII itself, the Religious Freedom Restoration Act, and the First Amendment of the U.S. Constitution.


Author(s):  
Maina Ouarodima Ph.D ◽  
Ibrahim Oumarou

Every single society has its dos and don’ts, and African is not an exception. What is more, Africans are strongly attached to their socio-cultural beliefs. However, as time is dynamic, there is need toreflect on the context of situation to evaluate our tradition.Thus, The Legendary Inikpi, the play under discussion, does not only serve as a central source to enable the readers find outhow African societies hold on to their religious beliefs and practices as part of their cultural identities, but also serves as a media tool that calls Africans for a change of attitude. The author considershuman sacrifice as a murder.To redirect the mentality towards certain religious practices such as human sacrifice, Emmy Unuja is able to create a female character named Daughter whose role is to convince people for a change of mentality. If we want African societies to move forwards, it is high time people change their mentality for the better.


2013 ◽  
Vol 6 ◽  
pp. 61-74
Author(s):  
Dave Beine

There is not much known about Nepal during the historical period sometimes referred to as Nepal’s dark ages (750-1750 C.E.). And even less is known about the healthcare practices of the Sen Dynasty of Palpa, Nepal, which found its inception over 500 years ago, during the late fifteenth century. For this reason, anyone endeavoring to intelligently write on the subject must, much like an archaeologist, use a bit of educated conjecture to piece together a speculative, but historically plausible, picture of the healing practices likely employed during that period. In order to do so, this paper examines several pieces of evidence, both historic and contemporary, in order to infer what the healthcare practices of the populace of Palpa might have looked like at that time. DOI: http://dx.doi.org/10.3126/dsaj.v6i0.8479 Dhaulagiri Journal of Sociology and Anthropology Vol. 6, 2012 61-74


2021 ◽  
Vol 7 ◽  
pp. 237802312110643
Author(s):  
Donald Tomaskovic-Devey ◽  
Carly McCann

The authors document variation in charge rates by demographic basis, observe basis and spatial variation in charge rates, and examine potential sources of this variation. The authors find that discrimination charge rates are much higher for the disabled and African Americans than for women, people older than 40 years, Hispanics, Asians, immigrants, and men, and there is dramatic state-level variation in charge rates. Possible explanations for this variation include access to legal representation, post-complaint employer retaliation, job loss, rights consciousness, and variations in charge outcomes. Findings point toward regulatory outcomes mandating changes in employer behavior as the only robust antecedent to discrimination charge filing. Unfortunately remedies targeting employer behavior are rare, while employer retaliation and firing are common. Neither access to law nor the frequency of monetary damages are associated with charge filing. Rights consciousness is associated with more discrimination charge filings, but only on the bases of disability.


2018 ◽  
Vol 27 (3) ◽  
pp. 200-206 ◽  
Author(s):  
Victoria C. Plaut ◽  
Kecia M. Thomas ◽  
Kyneshawau Hurd ◽  
Celina A. Romano

This article offers insight from psychological science into whether models of diversity (e.g., color blindness and multiculturalism) remedy or foster discrimination and racism. First, we focus on implications of a color-blind model. Here, the literature suggests that while color blindness appeals to some individuals, it can decrease individuals’ sensitivity to racism and discrimination. Furthermore, the literature suggests that, with some exceptions, color blindness has negative implications for interracial interactions, minorities’ perceptions and outcomes, and the pursuit of diversity and inclusion in organizational contexts. Second, we examine circumstances under which a multicultural approach yields positive or negative implications for interracial interactions, organizational diversity efforts, and discrimination. The research reviewed coalesces to suggest that while multiculturalism generally has more positive implications for people of color, both models have the potential to further inequality.


2019 ◽  
pp. 186-207
Author(s):  
Mary A. Knighton

William Faulkner's novel Intruder in the Dust (1948) thematizes racial debt as a form of racial reparations. Racial debt and its repayment emerge as the white boy Chick Mallison's obsession with defining and ridding himself of a debt he owes Lucas Beauchamp, a black man. When a lynch mob threatens Lucas, it becomes Chick's responsibility to save his life. Guided by Lucas in how to do so, Chick learns about cross-racial family ties and the collective profits and debts of history. Contemporary civil rights and anti-lynching movements, the actual lynching of Ellwood Higginbotham, as well as the shooting of the film version of Intruder in Faulkner's own Oxford, Mississippi in 1949 amplify the novel's debt and reparations theme. Despite publisher and studio warnings, Faulkner and director Clarence Brown render lynching central to Intruder's story while Kauffer's cover art encodes artists' resistance to censorship and marketing demands.


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