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Grutter's Regrets: An Empirical Investigation Of How Affirmative Action Is(N'T) Working, Deirdre Bowen
Grutter's Regrets: An Empirical Investigation Of How Affirmative Action Is(N'T) Working, Deirdre Bowen
Deirdre M Bowen
This exploratory empirical work examines whether students of color enjoy the benefits articulated by the U.S. Supreme Court in the Grutter decision that rationalized the continuation of affirmative action based on diversity interests. Specifically, the Court stated that affirmative action was permissible because students of all backgrounds would increase their racial understanding and decrease their racial stereotyping of minorities. Supporters and opponents were skeptical that such benefits would really materialize for students of color. Supporters argued that minority students would merely be tokens in which only white students would benefit from a diverse classroom. Opponents argued that this diversity rationale …
A Post-Racial Voting Rights Act, Jason Rathod (R-Z)
A Post-Racial Voting Rights Act, Jason Rathod (R-Z)
Jason Rathod (R-Z)
The Voting Rights Act of 1965 (VRA) was enacted “to foster our transformation to a society that is no longer fixated on race.” Georgia v. Ashcroft, 539 U.S. 461, 490 (2003). This article critiques the prevailing election law scholarship and jurisprudence as out of step with VRA’s post-racial aspirations and offers proposals for Congress to correct course. The United States has long been torn between civic nationalism and racial nationalism. By the mid-20th Century, the uneasy interplay of these visions had produced a remarkable expansion of citizenship to all migrants from Europe alongside appalling discrimination against, or outright exclusion of, …
Freedom In A Slave Country: A True Story Of Race, Law, Sex, And Politics, Jason A. Gillmer
Freedom In A Slave Country: A True Story Of Race, Law, Sex, And Politics, Jason A. Gillmer
Jason A Gillmer
This Article unpacks the rich and textured story of the Ashworths, an obscure yet prosperous free family of color in the antebellum South who owned land, raised cattle, and bought and sold slaves. It is undoubtedly an unusual story; indeed in the history of the times there are surely more prominent names and more famous events. Yet their story reveals a tantalizing world in which—despite legal rules and conventional thinking—life was not so black and white. Drawing on local records rather than canonical cases, and listening to the voices from the community rather than the legislatures, this Article emphasizes the …