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Constitutional Law

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Selected Works

2015

Affirmative action

Articles 1 - 5 of 5

Full-Text Articles in Entire DC Network

Echoes From The Segregationist Past At Oral Argument, Mary Ellen Maatman Dec 2015

Echoes From The Segregationist Past At Oral Argument, Mary Ellen Maatman

Mary Ellen Maatman

Discussion of Supreme Court case Fisher v. University of Texas


Not All Black And White, Alan E. Garfield Dec 2015

Not All Black And White, Alan E. Garfield

Alan E Garfield

No abstract provided.


Racial Profiling: Driving While Mexican And Affirmative Action, Victor C. Romero May 2015

Racial Profiling: Driving While Mexican And Affirmative Action, Victor C. Romero

Victor C. Romero

This Essay will focus on "racial profiling" not just in the way people think about the term - that is, with respect to stopping motorists for traffic violations based solely on their race, so-called "Driving While Mexican" or "Driving While Black" - but also in the context of "affirmative action - namely, using race as a factor in employment and educational decisions. More broadly, then, I want us to think of "racial profiling" as simply "the use of race to develop an understanding of an individual" which moves us slightly away from more pejorative notions of the phrase that have …


Are Filipina/Os Asians Or Latina/Os?: Reclaiming The Anti-Subordination Objective Of Equal Protection After Grutter And Gratz, Victor C. Romero May 2015

Are Filipina/Os Asians Or Latina/Os?: Reclaiming The Anti-Subordination Objective Of Equal Protection After Grutter And Gratz, Victor C. Romero

Victor C. Romero

In this piece, I explore two avenues of political action - self-identification for affirmative action purposes and longer-term solutions to educational inequity - in an attempt to develop a coherent and effective post-Grutter and Gratz strategy for promoting equal educational opportunities consistent with the demands of equal protection. I use the experiences of Filipina/o-Americans as a vehicle for exploring these issues. I hope to show that diversity as the underlying goal of affirmative action fails to capture the core of modern equal protection jurisprudence implicit in Brown v. Board of Education and Loving v. Virginia: that treating all races equally …


Judicial Decision-Making, Social Science Evidence, And Equal Educational Opportunity: Uneasy Relations And Uncertain Futures, Michael Heise Feb 2015

Judicial Decision-Making, Social Science Evidence, And Equal Educational Opportunity: Uneasy Relations And Uncertain Futures, Michael Heise

Michael Heise

No abstract provided.