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Mugwump, Mediator, Machiavellian, Or Majority? The Role Of Justice O'Connor In The Affirmative Action Cases, Thomas R. Haggard
Mugwump, Mediator, Machiavellian, Or Majority? The Role Of Justice O'Connor In The Affirmative Action Cases, Thomas R. Haggard
Akron Law Review
The purpose of this article is to provide a critical analysis of Justice O'Connor's affirmative action opinions. It will show that while her early record provides justification for all three characterizations, her more recent decisions suggest the emergency of a more favorable image. Her opinions in Croson and Media Broadcasting reflect the realization that a narrow, hair-splitting approach to this critical social and constitutional crisis will do little to hasten its resolution; that there is apparently no form of affirmative action that the liberal wing of the Court is unwilling to endorse, making her consensus by compromise approach a futile …
A Historical Review Of Affirmative Action And The Interpretation Of Its Legislative Intent By The Supreme Court, Carl E. Brody Jr.
A Historical Review Of Affirmative Action And The Interpretation Of Its Legislative Intent By The Supreme Court, Carl E. Brody Jr.
Akron Law Review
In Part I, I will discuss the history of pre-affirmative action programs. This involves an analysis of the original intent of the Fourteenth Amendment, its related remedial legislation, as well as several of the New Deal Acts prohibiting employment discrimination. Part II will analyze the advent of affirmative action, from its inception with the 1957 and 1960 Civil Rights Acts, and trace its development through Executive Orders 12250 and 12259, which constitute the last major expansion in affirmative action doctrine. Part III will examine the period between 1978 and 1991, where the Supreme Court's attempts to find a consistent interpretation …