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Justice Brennan's Gender Jurisprudence, Rebecca Korzec

Akron Law Review

However, less attention has been focused on Justice Brennan's dramatic impact on the Supreme Court's gender jurisprudence. More than any other member of the Court, Justice Brennan recognized the complexity and pervasiveness of sex discrimination and its costs to society as a whole. Brennan's opinions recognized that sex differentiation is largely cultural in origin, rather than based on "real" gender differences. As a result, Justice Brennan created a truly independent gender jurisprudence, eventually emerging as the architect of the Supreme Court's contemporary test for evaluating claims of sex-based discrimination.

Understanding the significance of Brennan's contribution requires an appreciation of the …

White Privilege And Affirmative Action, Sylvia A. Law

Akron Law Review

Since 1996, many authoritative voices challenge the legitimacy of affirmative efforts to achieve racial integration. The Supreme Court has struck down many affirmative action programs. The Court has not upheld any affirmative action program since 1989, when, by a 5-4 decision, it approved a narrowly targeted Congressional program to encourage minority ownership of broadcast licences. In 1996, California voters approved Proposition 209, broadly prohibiting any form of affirmative action on the basis of race or gender. In the same year, in the Hopwood decision, the Fifth Circuit held that the University of Texas could not give any consideration to race …