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- Michigan Law Review (6)
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- Michigan Journal of Race and Law (4)
- Cleveland State Law Review (3)
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- University of Michigan Journal of Law Reform (3)
- Pepperdine Law Review (2)
- Akron Law Review (1)
- Catholic University Law Review (1)
- IUSTITIA (1)
- Indiana Journal of Law and Social Equality (1)
- Journal of Law and Health (1)
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Articles 31 - 38 of 38
Full-Text Articles in Law
Reconsidering Strict Scrutiny Of Affirmative Action, Brent E. Simmons
Reconsidering Strict Scrutiny Of Affirmative Action, Brent E. Simmons
Michigan Journal of Race and Law
Under the artificial constraints of strict scrutiny, however, the courts are free to veto the government's choice of more effective, race-conscious means. The Supreme Court's unfortunate and ill-conceived adoption of strict scrutiny as the constitutional standard for reviewing race-conscious affirmative action should be reconsidered for several reasons. This Article examines those reasons.
Voting Rights Debate, Charles Stephen Ralston, Michael A. Carvin
Voting Rights Debate, Charles Stephen Ralston, Michael A. Carvin
Touro Law Review
No abstract provided.
Affirmative Action, Douglas Scherer, John Dunne
Affirmative Action, Douglas Scherer, John Dunne
Touro Law Review
No abstract provided.
Progressive And Conservative Constitutionalism, Robin West
Progressive And Conservative Constitutionalism, Robin West
Michigan Law Review
The article's central thesis is that the understandings of the constitutional tradition most central to both paradigms are determined by sometimes implicit, but more often explicit, political dispositions toward various forms of social and private power, and the normative authority to which social and private power gives rise. Very broadly, conservative constitutionalists view private or social normative authority as the legitimate and best source of guidance for state action; accordingly, they view both the Constitution and constitutional adjudication as means of preserving and protecting that authority and the power that undergirds it against either legislative or judicial encroachment. Progressive constitutionalists, …
The Future Of Minority Set-Aside Programs After City Of Richmond, Judy Kerczewski Kranjc
The Future Of Minority Set-Aside Programs After City Of Richmond, Judy Kerczewski Kranjc
Cleveland State Law Review
One type of controversial affirmative action plan is the minority set-aside program. This Note will focus on the future of these plans in the wake of the recent Supreme Court decision, City of Richmond v. J.A. Croson Co. First, an examination of the background of affirmative action leading up to set-asides is in order. Second, this Note will analyze City of Richmond and the constitutional and social issues at stake, balancing whether minority set-asides are needed with the recognition that discrimination and lack of economic opportunity for minorities still exists in our society. Finally, the Note will examine several lower …
Reconstructing Section Five Of The Fourteenth Amendment To Assist Impoverished Children, James Wilson
Reconstructing Section Five Of The Fourteenth Amendment To Assist Impoverished Children, James Wilson
Cleveland State Law Review
This article maintains that the Supreme Court's most recent affirmative action decisions, City of Richmond v. JA. Croson, Co. and Metro Broadcasting, Inc. v. F.C.C. provide a surprising opportunity for the Court to offer constitutional protection to many Americans who are currently under protected, particularly to poor children. This Article will argue that the Richmond/Metro double standard is acceptable in such difficult areas as affirmative action, particularly if the Court also adopts this Article's primary proposal that the Court should sometimes permit Congress to "dilute" Supreme Court decisions. This Article shall explore this proposed doctrine of limited dilution by applying …
Employment Discrimination, Charles Stephen Ralston, Paul Kamenar, William Bradford Reynolds, Gail Wright-Sirmans
Employment Discrimination, Charles Stephen Ralston, Paul Kamenar, William Bradford Reynolds, Gail Wright-Sirmans
Touro Law Review
No abstract provided.
The Equal Rights Amendment As An Instrument For Social Change, Lynn Andretta Fishel, Clarine Nardi Riddle
The Equal Rights Amendment As An Instrument For Social Change, Lynn Andretta Fishel, Clarine Nardi Riddle
IUSTITIA
"The Equal Rights Amendment: Will it do so little, we don't need it -or so much, we shouldn't have it?"
The paradox stems from the arguments of the groups who oppose the Equal Rights Amendment (ERA). On one hand, they claim that the 14th Amendment and Title V1II provide all the tools women need, so the ERA won't be able to accomplish anything uniquely significant. On the other hand they contend, with even greater fervor, that the ERA will be so powerful it will destroy the fabric of society. The paradox is not altogether ludicrous, however, when it is recognized …