Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 11 of 11

Full-Text Articles in Law

The Misguided Use Of The Harvard/Unc Ruling To Thwart Law Firm And Other Private Employer Dei Efforts, Ronald A. Norwood Apr 2024

The Misguided Use Of The Harvard/Unc Ruling To Thwart Law Firm And Other Private Employer Dei Efforts, Ronald A. Norwood

SLU Law Journal Online

This article explores the Harvard/UNC ruling and what, in the author’s view, is the misguided efforts by certain political and well-financed private actors to use that ruling to justify the eradication of private employers and law firm DEI efforts. It is the author’s firm belief that because the Supreme Court’s holding is limited to an analysis of the Constitution’s Equal Protection clause (limited to state actors) and Title VI (covering private actions receiving federal funding), that ruling should not be used by courts to quash DEI programs designed to level the employment playing field for minorities, women and other protected …


Racial And Ethnic Ancestry Of The Nation's Black Law Students: An Analysis Of Data From The Lssse Survey, Kevin D. Brown, Kenneth G. Dau-Schmidt Jan 2022

Racial And Ethnic Ancestry Of The Nation's Black Law Students: An Analysis Of Data From The Lssse Survey, Kevin D. Brown, Kenneth G. Dau-Schmidt

Articles by Maurer Faculty

This article proceeds in three substantive parts. In Part I, we discuss the changing racial and ethnic ancestries of Black people in the United States since affirmative action began. In Part II, we discuss the LSSSE data set that we use along with our weighting procedure based on the ABA data. Also in Part II, we discuss the Public Use Microdata Sample (PUMS), a subset of the American Community Survey (ACS). We use the ACS PUMS to provide comparative national data to analyze the relative representation of each group of Blacks among law students. In Part III, we present the …


Systematic Prevention Of A Serial Problem: Sexual Harassment And Bridging Core Concepts Of Bakke In The #Metoo Era, Nancy Chi Cantalupo, William C. Kidder Jan 2019

Systematic Prevention Of A Serial Problem: Sexual Harassment And Bridging Core Concepts Of Bakke In The #Metoo Era, Nancy Chi Cantalupo, William C. Kidder

Law Faculty Research Publications

No abstract provided.


The Next Forty Presidents, Ori Aronson Jan 2018

The Next Forty Presidents, Ori Aronson

William & Mary Journal of Race, Gender, and Social Justice

A thought experiment in feminist constitutionalism, this Article explores a radical argument: allow only women to be elected as the next forty U.S. presidents. While on its face blatantly discriminatory, the forty female presidents rule turns out to be a robustly justifiable idea, along multiple axes of political fairness, and not to women alone—rather to the electorate as a whole. Due to several of its unique characteristics, the presidency turns out to be particularly fitting to innovation that would correct past injustices of political exclusion. Corrective justice, affirmative action, feminist critique, voter autonomy, and the democratic costs of identity politics …


When Will Black Women Lawyers Slay The Two-Headed Dragon: Racism And Gender Bias, Wilma Williams Pinder Nov 2012

When Will Black Women Lawyers Slay The Two-Headed Dragon: Racism And Gender Bias, Wilma Williams Pinder

Pepperdine Law Review

No abstract provided.


Women And Law: A Comparative Analysis Of The United States And Indian Supreme Courts’ Equality Jurisprudence, Eileen Kaufman Jul 2011

Women And Law: A Comparative Analysis Of The United States And Indian Supreme Courts’ Equality Jurisprudence, Eileen Kaufman

Eileen Kaufman

No abstract provided.


Women And Law: A Comparative Analysis Of The United States And Indian Supreme Courts’ Equality Jurisprudence, Eileen Kaufman Jan 2006

Women And Law: A Comparative Analysis Of The United States And Indian Supreme Courts’ Equality Jurisprudence, Eileen Kaufman

Scholarly Works

No abstract provided.


A Brief History Of Chicana/O School Segregation: One Rationale For Affirmative Action, Margaret E. Montoya Jan 2002

A Brief History Of Chicana/O School Segregation: One Rationale For Affirmative Action, Margaret E. Montoya

Faculty Scholarship

This article uses Critical Race Theory methodologies, such as autobiographical narratives, and analytical approaches, such as revising the history of the civil rights struggle, especially as it applies to the Chicano-Latino communities. This paper represents a student-faculty collaboration in that the students organized the conference at which some of this analysis was first proposed. This was the conference at which now Justice Sonia Sotomayor made her now iconic comments about being a "wise Latina." People can't get to be judges without first going to law school, and Latinas/as can't get to law school, at least in significant numbers, without affirmative …


Agency, Equality, And Antidiscrimination Law , Tracy E. Higgins, Laura A. Rosenbury Jan 1999

Agency, Equality, And Antidiscrimination Law , Tracy E. Higgins, Laura A. Rosenbury

Faculty Scholarship

The Supreme Court increasingly has interpreted the Equal Protection Clause as a mandate for the state to treat citizens as if they were equal-as a limitation on the state's ability to draw distinctions on the basis of characteristics such as race and, to a lesser extent, gender. In the context of race, the Court has struck down not only race-specific policies designed to harm the historically oppressed, but race conscious policies designed to foster racial equality. Although in theory the Court has left open the possibility that benign uses of race may be constitutional under some set of facts, in …


Of 'Subtle Prejudices,' White Supremacy And Affirmative Action: A Reply To Paul Butler, Margaret E. Montoya Jan 1997

Of 'Subtle Prejudices,' White Supremacy And Affirmative Action: A Reply To Paul Butler, Margaret E. Montoya

Faculty Scholarship

I analyze the connection of affirmative action to two models of race and racism. I contend that the Supreme Court Justices who continue to support affirmative action adhere to a "prejudice" model in which race is a concept to be overcome and racism is merely a condition of individual ignorance. 13 On the other hand, I posit that Professor Butler's proposals fall within a "white supremacy" model, which looks at race as a historically contingent concept that has been used to subordinate non-white peoples from precolonial times through the present. This historical perspective offers the possibility that the concept of …


Report On The Consultation With The Maritime School Of Social Work Community, Dianne Pothier Jan 1995

Report On The Consultation With The Maritime School Of Social Work Community, Dianne Pothier

Dianne Pothier Collection

In my assessment there is a genuine and strong commitment to affirmative action and anti-racism at the MSSW. But that in itself is only the beginning. Real cross cultural understanding is a major challenge, and needs to be constantly worked at. In the process, mistakes will be made on all sides. Allowances need to be made for that. The School looks at itself compared to other institutions; critics look at the School compared to an ideal world. Neither perspective holds the complete truth. The MSSW needs to continue to work at the effectiveness of its affirmative action program, defining that …