Document Type
Article
Publication Date
2026
Publication Citation
94 U. Cin. L. Rev. 620 (2026).
Recommended Citation
Kagan, Michael and Cooley Yonesawa, Alissa, "Civil Rights Microviolations" (2026). Scholarly Works. 1498.
https://scholars.law.unlv.edu/facpub/1498
Included in
Civil Rights and Discrimination Commons, Criminal Procedure Commons, Immigration Law Commons, Legal Remedies Commons
Comments
This essay is an attempt to name and define a certain kind of civil rights problem. Namely: Rights violations that are small enough that the rational thing for the victim to do might be to just cope with them, but when allowed to fester and repeat, do significant damage. We call these problems microviolations. To define them, we borrow from the idea of a microaggression, a concept that developed to understand an analogous challenge in workplace and school discrimination. We offer a diagnosis of why microviolations are both problematic and difficult to address, and arguments that they should be a higher priority in civil rights work.