Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Michigan Law School (28)
- Touro University Jacob D. Fuchsberg Law Center (6)
- Cleveland State University (4)
- Maurer School of Law: Indiana University (3)
- Selected Works (3)
-
- Florida A&M University College of Law (2)
- Pepperdine University (2)
- University of Florida Levin College of Law (2)
- University of Washington School of Law (2)
- Claremont Colleges (1)
- Columbia Law School (1)
- Cornell University Law School (1)
- Gettysburg College (1)
- Loyola Marymount University and Loyola Law School (1)
- Roger Williams University (1)
- SelectedWorks (1)
- St. Mary's University (1)
- The Catholic University of America, Columbus School of Law (1)
- The University of Akron (1)
- University of Kentucky (1)
- University of Oklahoma College of Law (1)
- University of Pennsylvania Carey Law School (1)
- Yeshiva University, Cardozo School of Law (1)
- Publication Year
- Publication
-
- Articles (11)
- Michigan Law Review (6)
- Michigan Law Review First Impressions (5)
- Touro Law Review (5)
- Michigan Journal of Race and Law (4)
-
- Cleveland State Law Review (3)
- University of Michigan Journal of Law Reform (3)
- Journal Publications (2)
- Pepperdine Law Review (2)
- UF Law Faculty Publications (2)
- Akron Law Review (1)
- All Faculty Scholarship (1)
- Book Chapters (1)
- CMC Senior Theses (1)
- Catholic University Law Review (1)
- Christiana Ochoa (7/22-10/22 Acting; 11/2022-) (1)
- Cornell Law Faculty Publications (1)
- Faculty Scholarship (1)
- IUSTITIA (1)
- Indiana Journal of Law and Social Equality (1)
- Journal of Law and Health (1)
- Kentucky Law Journal (1)
- Loyola of Los Angeles Law Review (1)
- Michael Heise (1)
- Oklahoma Law Review (1)
- Reviews (1)
- Robert A. Garda (1)
- Roger Williams University Law Review (1)
- Scholarly Works (1)
- Sharon E. Rush (1)
- Publication Type
- File Type
Articles 61 - 66 of 66
Full-Text Articles in Law
Bakke Revisited - What The Court's Decision Means - And Doesn't Mean, Douglas D. Scherer
Bakke Revisited - What The Court's Decision Means - And Doesn't Mean, Douglas D. Scherer
Scholarly Works
No abstract provided.
A New Dimension In Equal Protection?, Theodore J. St. Antoine
A New Dimension In Equal Protection?, Theodore J. St. Antoine
Articles
Two of America's most cherished values will collide head-on this year, when the U.S. Supreme Court comes to grips with the most significant civil rights suit since the school desegregation cases of 1954. Arrayed on one side is the principle of governmental "color-blindness," the appealing notion that the color of a person's skin should have nothing to do with the distribution of benefits or burdens by the state. Set against it is the goal of a truly integrated society and the tragic realization that this objective cannot be achieved within the foreseeable future unless race and color are taken into …
Racial Preferences In Higher Education: Political Responsibility And The Judicial Role, Terrance Sandalow
Racial Preferences In Higher Education: Political Responsibility And The Judicial Role, Terrance Sandalow
Book Chapters
... Professors John Hart Ely and Richard Posner have established diametrically opposed positions in the debate. Their contributions are of special interest because each undertakes to answer the question within the framework of a theory concerning the proper distribution of authority between the judiciary and the other institutions of government
...Professor Ely [see pp. 208-216, herein] defends the constitutionality of racial preferences, essentially on the ground that the equal-protection clause should not be read to prevent a majority from discriminating between itself and a minority only to its own disadvantage. The predicate for an active judicial role is lacking, ... …
Bakke: A Compelling Need To Discriminate, Theodore J. St. Antoine
Bakke: A Compelling Need To Discriminate, Theodore J. St. Antoine
Articles
Two of America's most cherished values collided head-on a few months ago, when the U.S. Supreme Court began to come to grips with the most significant civil rights suit since the school desegregation cases of 1954. Arrayed on one side is the principle of governmental "color-blindness," the appealing notion that the color of a person's skin should have nothing to do with the distribution of benefits or burdens by the state. Set against it is the goal of a truly integrated society, and the tragic realization that this objective cannot be achieved within the foreseeable future unless race and color …
Racial Preferences In Higher Education: Political Responsibility And The Judicial Role, Terrance Sandalow
Racial Preferences In Higher Education: Political Responsibility And The Judicial Role, Terrance Sandalow
Articles
Controversy continues unabated over the question left unresolved by DeFunis v. Odegaard: whether in its admissions process a state law school may accord preferential treatment to certain racial and ethnic minorities. In the pages of two journals published by the University of Chicago, Professors John Hart Ely and Richard Posner have established diametrically opposed positions in the debate. Their contributions are of special interest because each undertakes to answer the question within the framework of a theory concerning the proper distribution of authority between the judiciary and the other institutions of government. Neither position, in my judgment, adequately confronts the …
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 …