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Beyond Bakke: Grutter-Gratz And The Promise Of Brown, Joel K. Goldstein
Beyond Bakke: Grutter-Gratz And The Promise Of Brown, Joel K. Goldstein
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The Supreme Court’s long-awaited decisions this past summer in the Michigan affirmative action cases provided yet another landmark in the continuing controversy regarding race and education. A quarter century, almost to the day, after the Court handed down its badly splintered decision in Regents of the University of California v. Bakke,[1] the Court again concluded that universities may sometimes, but not always, give some preference to racial and ethnic minorities in deciding whom to admit. The Court, in a 5-4 decision in Grutter v. Bollinger, upheld the constitutionality of the University of Michigan Law School’s admission policy that considered race …
Introduction, Joel K. Goldstein
Introduction, Joel K. Goldstein
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Brown v. Board of Education [1] is the seminal case of the Twentieth Century. Mere mention of the case can start discussion on any number of topics, all important and all that relate to, or were importantly affected by, Brown. Some of those discussions relate to the immediate subject of Brown: Was state-imposed racially segregated public education a violation of the Equal Protection Clause? What is the nature of race relations in America? How close are we to achieving a racially just society? How fair is our system of public education? Others might focus on Brown for its impact on …
Federalism Re-Constructed: The Eleventh Amendment's Illogical Impact On Congress' Power, Marcia L. Mccormick
Federalism Re-Constructed: The Eleventh Amendment's Illogical Impact On Congress' Power, Marcia L. Mccormick
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The Constitution is designed to protect individual liberty and equality by diffusing power among the three branches of the federal government and between the federal and state governments, and by providing a minimum level of protection for individual rights. Yet, the Supreme Court seems to think that federalism is about protecting states as states rather than balancing governmental power to protect individuals. In the name of federalism, the Supreme Court has been paring away at Congress' power to enact civil rights legislation. In doing so, it has transformed the Fourteenth Amendment into a vehicle for protecting states rights rather than …
How To Succeed In Business Without Really Trying (Cases): Gender Stereotypes And Sexual Harassment Since The Passage Of Title Vii, Miriam A. Cherry
How To Succeed In Business Without Really Trying (Cases): Gender Stereotypes And Sexual Harassment Since The Passage Of Title Vii, Miriam A. Cherry
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This Article, which is part of a symposium on the 40th Anniversary of Title VII appearing in the Hofstra Labor and Employment Law Journal, evaluates the progress of women in the workforce by critically analyzing the musical "How to Succeed in Business Without Really Trying." Written in the early 1960s and made into a 1967 movie, How to Succeed follows the adventures of J. Pierrepont Finch, a window washer who, with the aid of a sarcastic self-help book, schemes his way up the corporate ladder. It also includes the sexual exploits of the exclusively male executive corps among the female …