Law Commons^™

Evading A Race-Conscious Constitution, Cara Mcclellan

All Faculty Scholarship

The idea of a “colorblind” Constitution is front and center in cases before the Supreme Court this term, including Students for Fair Admissions v. President & Fellows of Harvard College, and Students for Fair Admissions v. University of North Carolina (UNC). In these cases, the same plaintiff organization, Students for Fair Admissions (SFFA), has asked the Supreme Court to rule that the Equal Protection Clause and Title VI of the Civil Rights Act of 1964 prohibit universities from considering race as one of many factors in admissions to pursue the educational benefits that flow from diversity. In support …

The Paradox Of Political Power: Post-Racialism, Equal Protection, And Democracy, William M. Carter Jr.

Articles

Racial minorities have achieved unparalleled electoral success in recent years. Simultaneously, they have continued to rank at or near the bottom in terms of health, wealth, income, education, and the effects of the criminal justice system. Social conservatives, including those on the Supreme Court, have latched onto evidence of isolated electoral success as proof of “post-racialism,” while ignoring the evidence of continued disparities for the vast majority of people of color.

This Essay will examine the tension between the Court's conservatives' repeated calls for minorities to achieve their goals through the political process and the Supreme Court's increasingly restrictive "colorblind" …

Presumed Incompetent: The Intersections Of Race And Class For Women In Academia -- Introduction, Carmen G. Gonzalez, Angela P. Harris

Carmen G. Gonzalez

Presumed Incompetent is a pathbreaking account of the intersecting roles of race, gender, and class in the working lives of women faculty of color. Through personal narratives and qualitative empirical studies, more than 40 authors expose the daunting challenges faced by academic women of color as they navigate the often hostile terrain of higher education, including hiring, promotion, tenure, and relations with students, colleagues, and administrators. One of the topics addressed is the importance of forging supportive networks to transform the workplace and create a more hospitable environment for traditionally subordinated groups. The narratives are filled with wit, wisdom, and …

Re-Mapping Equal Protection Jurisprudence: A Legal Geography Of Race And Affirmative Action,, Reginald Oh

Law Faculty Articles and Essays

Oh argues that when the United States Supreme Court decided Richmond v. Croson in 1989 and imposed strict scrutiny on state and local government affirmative action programs, it marked a critical moment and turning point in the evolution and development of public and legal discourse on race, racism, and race relations in America. Although many scholars have critically examined the Croson opinion, curiously, scholars have yet to recognize its full ramifications and implications. Aside from the technical doctrinal changes made to equal protection law, the Croson decision is also important because of the way the Court produced and mapped a …

Robert M. O'Neil's Discriminating Against Discrimination: A Review, Karen Ruse Strueh

IUSTITIA

It is difficult these days to find anyone who will deny that racial minorities have been discriminated against in the area of educational opportunities. Few will deny the desirability of enhancing these opportunities and increasing the number of minority persons in the various professions. But very few will agree on the means that are appropriate to accomplish this desirable end. Robert O'Neil has tackled the awesome task of pinpointing and evaluating the policy considerations that affect the tough choices involved in formulating standards for admissions to professional school programs that will promote academic quality but at the same time allow …

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 …

Higher Education: The Black Professional, Donald H. Godbold, Andrew Goodrich, William Moore, Jr.,

IUSTITIA

The black professional in the community college is a catalog of contradictions. His or her condition can only be described as tragic; and his or her plight is a travesty on the philosophy of the two-year college. The preliminary findings of one study in progress note that nearly half (409 or 47 per cent) of the 865 two-year institutions included in the sample do not have a single black faculty member or administrator. Eighty-nine of the remaining 456 colleges have only one black staff member. Similarly, there are a number of community colleges located in areas heavily populated by blacks …