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Full-Text Articles in Law
Affirmative Action Tested: The Constitutionality Of “Landscape”, Eric James Seltzer
Affirmative Action Tested: The Constitutionality Of “Landscape”, Eric James Seltzer
St. John's Law Review
(Excerpt)
In August 2019, the College Board announced it was launching a program providing higher education institutions with “context about students’ high schools and neighborhoods when making admissions decisions.” In August 2019, the College Board announced it was launching “Landscape,” a program providing higher education institutions with “context about students’ high schools and neighborhoods when making admissions decision.” Landscape collects and organizes data into three categories—basic high school data, such as school locale, test score comparison, and high school and neighborhood indicators—that offers insight into high schools and neighborhoods. Among these indicators are quintessential measures of socioeconomic status, including college …
Wiping Away The Tiers Of Judicial Scrutiny, R. George Wright
Wiping Away The Tiers Of Judicial Scrutiny, R. George Wright
St. John's Law Review
(Excerpt)
Throughout much of constitutional law and beyond, courts often decide cases by applying some form of tiered or multilevel judicial scrutiny. Tiered scrutiny exhibits remarkable variability and complexity. At its simplest, tiered scrutiny involves a judicial inquiry into the legitimacy and the degree of importance of some public goal purportedly furthered by the government policy at issue. The courts then typically undertake a second step, inquiring into the degree of “tailoring” of the government policy— namely the policy’s overinclusiveness or underinclusiveness relative to its supposed purpose. This simplified account of tiered scrutiny conceals, however, a number of important problems. …