Law Commons^™

Equality Opportunity And The Schoolhouse Gate, Derek Black, Michelle Adams

Faculty Publications

Public schools have generated some of the most far-reaching cases to come before the Supreme Court. They have involved nearly every major civil right and liberty found in the Bill of Rights. The cases are often reflections of larger societal ills and anxieties, from segregation and immigration to religion and civil discourse over war. In that respect, they go to the core of the nation’s values. Yet constitutional law scholars have largely ignored education law as a distinct area of study and importance.

Justin Driver’s book cures that shortcoming, offering a three-dimensional view of how the Court’s education law jurisprudence …

The Rehnquist Court: Nineteen Years Of Tax Decisions, F. Ladson Boyle

Faculty Publications

No abstract provided.

Picking Up The Pieces After Alexander V. Sandoval? Resurrecting A Private Cause Of Action For Disparate Impact, Derek W. Black

Faculty Publications

The Supreme Court in Alexander v. Sandoval limited plaintiffs' ability to challenge racially inequality and discrimination through lawsuits. The Court held that plaintiffs could no longer bring private causes of action for racially disparate impact under federal regulations. This article analyzes that holding and its detrimental impact on minority communities. The article proposes alternative theories under which plaintiffs' can continue to bring their claims and minimize the impact of the Court's holding.