The Civil Rights Act of 1964 at 50: Past, Present, and Future

Source: Boston Law Review, Volume 95, Number 3, May 2015

More detailed information about this symposium, including video recordings of the panels and keynote addresses is available here.

From an abstract:
This Symposium, “The Civil Rights Act of 1964 at 50: Past, Present, and Future,” published in the Boston University Law Review (volume 95, pp. 683-1232), observes the fiftieth anniversary of the landmark Civil Rights Act of 1964. Growing out of a live conference held at Boston University School of Law in November 2014, the Symposium includes twenty-two articles by prominent scholars from law, economic history, political science, and sociology. Topics addressed include: (1) historical perspectives on the 1964 Act and other civil rights laws; (2) classifications and categories in the 1964 Act and in subsequent civil rights laws; (3) reshaping public and private space in public accommodations, neighborhoods, and housing; (4) reshaping public and private space in education, the workplace, and the military; (5) proving discrimination; and (6) the limits and future of antidiscrimination law. The Symposium concludes with remarks on the role of transformational leadership in the civil rights movement by a colleague at Boston University’s School of Theology, the alma mater of Dr. Martin Luther King, Jr. The articles are also available for download at the website of the Boston University Law Review.

Articles include:
Editors’ Foreword

PANEL I: HISTORICAL PERSPECTIVES
The Long Civil Rights Act and Criminal Justice
Margaret Burnham

Intersectionality and Title VII: A Brief (Pre-)History
Serena Mayeri

Private Rights and Private Actions: The Legacy of Civil Rights in the Enforcement of Title VII
George Rutherglen

The Regional Economic Impact of the Civil Rights Act of 1964
Gavin Wright

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.

Marital Status Discrimination 2.0
Courtney G. Joslin

Backlash, Courts, and Disability Rights
Michael Waterstone

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

Model Neighborhoods Through Mayors’ Eyes Fifty Years After the Civil Rights Act
Katherine Levine Einstein & David M. Glick

The Civil Rights Act of 1964 and “Legislating Morality”: On Conscience, Prejudice, and Whether “Stateways” can Change “Folkways”
Linda C. McClain

We Don’t Serve Your Kind Here: Public Accommodations and the Mark of Sodom
Joseph William Singer

Bargaining for Civil Rights: Lessons from Mrs. Murphy for Same-Sex Marriage and LGBT Rights
Robin Fretwell Wilson

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

Right to Serve or Responsibility to Protect? Civil Rights Framing and the DADT Repeal
Catherine Connell

Moving Forward, Looking Back: A Retrospective on Sexual Harassment Law
Joanna L. Grossman

Reactive to Proactive: Title IX’s Unrealized Capacity to Prevent Campus Sexual Assault
Katharine Silbaugh

PANEL V: PROVING DISCRIMINATION
On Employment Discrimination and Police Misconduct: Title VII and the Mirage of the “Monell Analogue”
Tristin K. Green

Class-Based Adjudication of Title VII Claims in the Age of the Roberts Court
Michael C. Harper

Addressing Systemic Discrimination: Public Enforcement and the Role of the EEOC
Pauline T. Kim

Special Treatment Everywhere, Special Treatment Nowhere
Noah D. Zatz

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

Blaming Mothers: A Disability Perspective
Ruth Colker

RECEPTION ADDRESS
Now We Must Cross a Sea: Remarks on Transformational Leadership and the Civil Rights Movement
Walter Earl Fluker