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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 …
On The Road To Recognition: Irish Travellers’ Quest For Ethnic Identity, Kamaria A. Kruckenberg
On The Road To Recognition: Irish Travellers’ Quest For Ethnic Identity, Kamaria A. Kruckenberg
Kamaria A Kruckenberg
This paper explores and defends Irish Travellers’ efforts to push the Republic of Ireland to recognize them as an ethnic minority group under law. Irish Travellers are a small indigenous minority group who have lived primarily in Ireland for centuries. They rank at the bottom of Irish society in rates of poverty, unemployment, life expectancy, infant mortality, health, education levels, political representation and access, and living conditions. Much like the Roma, with whom they share a nomadic tradition, Irish Travellers are in the midst a movement to improve living conditions, fight widespread discrimination, and gain recognition as an ethnic minority …
A Social Movement History Of Title Vii Disparate Impact Analysis, Susan D. Carle
A Social Movement History Of Title Vii Disparate Impact Analysis, Susan D. Carle
Susan D. Carle
This Article examines the social movement history of Title VII disparate impact law in light of the policy and potential constitutional questions the Court=s recent decision in Ricci v. DeStefano raises. My analysis shows that, contrary to popular assumptions, disparate impact doctrine was not a last-minute, ill-conceived invention of the EEOC following Title VII=s passage, but instead arose out of a moderate, experimentalist regulatory tradition that sought to use law to create incentives to motivate employers to scrutinize and reform employment practices that posed structural bars to employment opportunities for racial minorities, regardless of invidious intent. Non-lawyer activists within the …
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, …
Speech Torts, Deana Ann Pollard Sacks
Speech Torts, Deana Ann Pollard Sacks
Deana A Pollard
Tort liability for speech raises important concerns about federalism, self-government, and autonomy. The Supreme Court has resolved the free speech-tort law conflict in a number of cases by balancing the nature of the speech subject to tort liability against the nature of the state’s interest in imposing tort liability, then “constitutionalizing” the tort to meet First Amendment demands by raising the burden of proof to establish a prima facie case. The Supreme Court has repeatedly denied review of tort liability for speech based on a theory of negligence, and most lower courts have adopted a categorical approach to immunize violent …
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 …