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Articles 1 - 11 of 11
Full-Text Articles in Law
The Final Report: Harvard's Affirmative Action Allegory, Derrick Bell
The Final Report: Harvard's Affirmative Action Allegory, Derrick Bell
Michigan Law Review
Harvard's affirmative action allegory written for this symposium.
The Obliging Shell: An Informal Essay On Formal Equal Opportunity, Patricia Williams
The Obliging Shell: An Informal Essay On Formal Equal Opportunity, Patricia Williams
Michigan Law Review
I am struck by the Court's use of the word "equality" in the last line of its holding. It seems an extraordinarily narrow use of "equality," when it excludes from consideration so much clear inequality. It, again, resembles the process by which the Parol Evidence Rule limits the meaning of documents or words by placing beyond the bounds of reference anything that is inconsistent, or, depending on the circumstances, even that which is supplementary. It is this lawyerly language game of exclusion and omission that is the subject of the rest of this essay.
Public Response To Racist Speech: Considering The Victim's Story, Mari J. Matsuda
Public Response To Racist Speech: Considering The Victim's Story, Mari J. Matsuda
Michigan Law Review
The threat of hate groups like the Ku Klux Klan and the neo-Nazi skinheads goes beyond their repeated acts of illegal violence. Their presence and the active dissemination of racist propaganda means that citizens are denied personal security and liberty as they go about their daily lives. Professor Richard Delgado recognized the harm of racist speech in his breakthrough article, Words That Wound, in which he suggested a tort remedy for injury from racist words. This Article takes inspiration from Professor Delgado's position, and makes the further suggestion that formal criminal and administrative sanction - public as opposed to private …
Decoding Richmond: Affirmative Action And The Elusive Meaning Of Constitutional Equality, Michel Rosenfeld
Decoding Richmond: Affirmative Action And The Elusive Meaning Of Constitutional Equality, Michel Rosenfeld
Michigan Law Review
This Article first briefly considers the conceptual and constitutional framework out of which the controversy in Croson emerges. Next, the Article turns to Croson itself, and focuses on the Court's adoption of the strict scrutiny test, on the disagreement among the Justices concerning the test's meaning and implications, and on the Court's use of decontextualization to manipulate the key conceptual and factual issues at stake. Finally, drawing upon the principle of equality of opportunity, the Article endeavors to demonstrate how the adoption of particular principles of substantive equality can lead to a comprehensive and coherent constitutional resolution of the affirmative …
Finding A "Manifest Imbalance": The Case For A Unified Statistical Test For Voluntary Affirmative Action Under Title Vii, David D. Meyer
Finding A "Manifest Imbalance": The Case For A Unified Statistical Test For Voluntary Affirmative Action Under Title Vii, David D. Meyer
Michigan Law Review
This Note analyzes the "manifest imbalance" standard developed in Weber and Johnson and the various approaches the lower courts have taken in trying to apply the test. Part I examines the Weber and Johnson opinions in some detail, and argues that the Court intended to permit affirmative action aimed at remedying the evident effects of past discrimination, regardless of whether the employer or society at large is to blame. Section I.A describes the diverging constitutional and statutory standards for evaluating voluntary affirmative action programs, and the policies behind the divergence. Sections I.B and I.C take a closer look at the …
The Plessy Case: A Legal-Historical Interpretation, David D. Meyer
The Plessy Case: A Legal-Historical Interpretation, David D. Meyer
Michigan Law Review
A Review of The Plessy Case: A Legal-Historical Interpretation by Charles A. Lofgren
The Politics Of Victimization Makes Strange Bedfellows, Jennifer L. Hochschild
The Politics Of Victimization Makes Strange Bedfellows, Jennifer L. Hochschild
Michigan Law Review
A Review of The Civil Rights Society: The Social Construction of Victims by Kristin Bumiller, and Plural But Equal: Blacks and Minorities in America's Plural Society by Harold Cruse
Protection Of Civil Rights: A Constitutional Mandate For The Federal Government, Julius Chambers
Protection Of Civil Rights: A Constitutional Mandate For The Federal Government, Julius Chambers
Michigan Law Review
A Review of Federal Law and Southern Order: Racial Violence and Constitutional Conflict in the Post-Brown South by Michal Belknap
Legislative Inaction And The Patterson Case, Earl M. Maltz
Legislative Inaction And The Patterson Case, Earl M. Maltz
Michigan Law Review
In its October 1988 issue,1 the Michigan Law Review published a symposium on Patterson v. McLean Credit Union, a case in which the Supreme Court has requested reargument on the question of whether Runyon v. McCrary should be overruled or modified. Each of the three distinguished contributors to the symposium concludes that the Court should not overrule Runyon. In reaching this conclusion, Professor William N. Eskridge and Professor Daniel A. Farber rely heavily on the view that because Congress has recognized the existence of the Runyon doctrine and has refused to overrule the decision, the doctrine of stare decisis …
Empowerment And Achievement In Minority Law Student Support Programs: Constructing Affirmative Action, Leslie G. Espinoza
Empowerment And Achievement In Minority Law Student Support Programs: Constructing Affirmative Action, Leslie G. Espinoza
University of Michigan Journal of Law Reform
Part I of this Article reviews the findings of the LSAC Report. The LSAC Report is a good beginning for an understanding of the structure of current minority academic support programs. The data provided by the Report, particularly regarding student selection criteria, demonstrates the link between support programs and affirmative action. Part II explores the stigma exacerbated by many academic support programs and the prejudice that stigma perpetuates. Part III examines law school myopia in approach and design of academic support programs. Academic support should do more than reiterate, albeit at a slow and studied pace, earlier classroom material. Students …
Scholars' Reply To Professor Fried, Yale Kamisar, Lee C. Bollinger, Judith C. Areen, Barbara A. Black
Scholars' Reply To Professor Fried, Yale Kamisar, Lee C. Bollinger, Judith C. Areen, Barbara A. Black
Articles
As Solicitor General of the United States, Charles Fried, like any good advocate, was often in the position of attempting to generate broad holdings from relatively narrow and particularistic Supreme Court decisions. This was especially true in affirmative action cases. There, the Department of Justice argued that cautious precedents actually stood for the broad proposition that measures designed to put members of disadvantaged groups on a plane of equality should, for constitutional purposes, be treated the same as measures intended to stigmatize or subordinate them. The Supreme Court, however, has consistently rejected this reading of its precedents and the broad …