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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 High Devolution Region (Hdr): A Community Based Political Solution For Darfur, Ibrahim A. Ibrahim Mr
A High Devolution Region (Hdr): A Community Based Political Solution For Darfur, Ibrahim A. Ibrahim Mr
Ibrahim A Ibrahim Mr
A High Devolution Region (HDR): A Community Based Political Solution for Darfur By/ Ibrahim Ali Ibrahim LLM Sudanese Lawyer & Congressional Researcher Abstract: The main causes of the war in Darfur as the paper highlights lie in both communal conflicts and the imbalance of power between the centre and marginalized regions. Therefore, the power sharing is a valid mechanism for redressing communal conflicts and the years of political marginalization of Darfur. The Darfur Peace Agreement (DPA) demonstrated that there were no powers to share in Darfur and that why it failed. The parties have not been able to achieve peace …
"Shall Be Bound Thereby": Structural Incorporation Via Article Vi, Dean A. Cantalupo Esq.
"Shall Be Bound Thereby": Structural Incorporation Via Article Vi, Dean A. Cantalupo Esq.
Dean A Cantalupo Esq.
This paper argues that certain provisions of the Bill of Rights, those that pertain to the administration of justice, were incorporated in 1791 against the States via the provision in Article VI binding State judges to the Constitution.
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 …
Who Shot Ya: Rap Beef "Diss" Tracks And The First Amendment., Andres Flores
Who Shot Ya: Rap Beef "Diss" Tracks And The First Amendment., Andres Flores
ANDRES FLORES
The purpose of this Article is to add to the volume of scholarly work in the area of First Amendment protections for rap artists who create so called “diss” songs aimed at disrespecting their competitors and their possible liabilities for such songs. It is evident that rap music has become a permanent part of popular music, and as the market grows smaller and competition gets tougher rap artists must find new ways to break into the industry and stay relevant. One of the ways rap artist do this is by creating a controversy with other, more established rappers. These tactics …