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Articles 31 - 43 of 43
Full-Text Articles in Law
Do Female “Firsts” Still Matter?: Why They Do For Women Of Color, Angela Onwuachi-Willig, Amber Shanahan-Fricke
Do Female “Firsts” Still Matter?: Why They Do For Women Of Color, Angela Onwuachi-Willig, Amber Shanahan-Fricke
Faculty Scholarship
This Article argues that diversifying the federal judiciary with more women and men of color, but particularly with more women of color, is essential to moving forward and strengthening this country’s democracy. Specifically, this Article responds to arguments by prominent feminists that having female “firsts” on the bench is not as critical as having the “right” women on the bench—“right” meaning those women who are invested in and supportive of what are traditionally viewed as women’s issues. In so responding, this Article acknowledges the appeal of such arguments regarding judicial service from the “right” women, but contends that, while achieving …
When "The Evil Day" Comes, Will Title Vii's Disparate Impact Provision Be Narrowly Tailored To Survive An Equal Protection Clause Challenge?, Eang L. Ngov
Faculty Scholarship
"The road to hell is paved with good intentions." Employers must be careful about the intentional and unintentional effect of their employment practices, even when acting with good motive. Title VII’s disparate impact provision holds employers liable for employment practices that cause an adverse impact on racial groups, even when the employment practice applies equally to all groups and was not implemented to disadvantage a particular group. A prima facie case of disparate impact can arise solely based on numbers - a comparison between the rate at which one racial group passes a test or is selected for hiring or …
Class, Classes, And Classic Race Baiting: What’S In A Definition?, Angela Onwuachi-Willig, Amber Fricke
Class, Classes, And Classic Race Baiting: What’S In A Definition?, Angela Onwuachi-Willig, Amber Fricke
Faculty Scholarship
Overall, in this Article, we briefly lay out each of our challenges to Sander's arguments in Class in American Legal Education. In Part I, we first address the very problems that Sander's article highlights about the difficulties of defining class and SES, problems that may make classbased affirmative action programs less feasible and effective than Sander suggests. In so doing, we identify what we consider to be defects in Sander's class/SES groupings. We also highlight the complexities around class and race that already exist within law student populations, answering in part the important questions about to whom black law students …
Full Participation: Building The Architecture For Diversity And Public Engagement In Higher Education, Susan P. Sturm, Timothy Eatman, John Saltmarsh, Adam Bush
Full Participation: Building The Architecture For Diversity And Public Engagement In Higher Education, Susan P. Sturm, Timothy Eatman, John Saltmarsh, Adam Bush
Faculty Scholarship
This catalyst paper offers a conceptual framework for connecting a set of conversations about change in higher education that often proceed separately but need to be brought together to gain traction within both the institutional and national policy arenas. By offering a framework to integrate projects and people working under the umbrella of equity, diversity, and inclusion with those working under the umbrella of community, public, and civic engagement, we aim to integrate both of these change agendas with efforts on campus to address the access and success of traditionally underserved students. We also hope to connect efforts targeting students, …
Symposium: Defining Race: Colorblind Diversity: The Changing Significance Of "Race" In The Post-Bakke Era, Bridgette Baldwin
Symposium: Defining Race: Colorblind Diversity: The Changing Significance Of "Race" In The Post-Bakke Era, Bridgette Baldwin
Faculty Scholarship
In 1954, fifty-eight years after the Plessy v. Ferguson decision, the Supreme Court was afforded another opportunity to reverse the “separate but equal doctrine” in Brown v. Board of Education of Topeka (Brown I). Brown I was a consolidation of five civil rights cases from the District of Columbia, Delaware, Kansas, Virginia, and South Carolina that attempted to change race relations in America by affording African Americans a piece of the pie. A few other cases soon followed Brown I. In 1963, Goss v. Board of Education of Knoxville proclaimed that any program that structurally appeared to maintain segregation would …
Diversity On The Bench And The Quest For Justice For All, Theresa M. Beiner
Diversity On The Bench And The Quest For Justice For All, Theresa M. Beiner
Faculty Scholarship
No abstract provided.
Representative Government, Representative Court? The Supreme Court As A Representative Body, Angela Onwuachi-Willig
Representative Government, Representative Court? The Supreme Court As A Representative Body, Angela Onwuachi-Willig
Faculty Scholarship
In this Symposium Essay, I propose, as a thinking matter, that we expand the number of Supreme Court justices to increase the representation of various demographic groups on the Court. In Part I, I advance the argument that the Court should be regarded as a demographically representative body of the citizens of the United States, and in Part II, I argue that the Court should be enlarged to ensure diverse representation of all voices on the most powerful judicial body of our nation.
Some Reflections On The Diversity Of Corporate Boards: Women, People Of Color, And The Unique Issues Associated With Women Of Color, Lisa M. Fairfax
Some Reflections On The Diversity Of Corporate Boards: Women, People Of Color, And The Unique Issues Associated With Women Of Color, Lisa M. Fairfax
Faculty Scholarship
As one might expect, there are many similarities between the circumstances of women directors and directors of color, which includes African Americans, Latinos, and Asian Americans. Indeed, both groups began appearing on corporate boards in significant numbers during the same period—right after the Civil Rights Movement pursuant to which the push for racial equality throughout society precipitated efforts to achieve greater representation of people of color as well as women on corporate boards. Moreover, while women and people of color have experienced some increase in board representation over the last few decades, both groups also have encountered significant barriers to …
Stepping Through Grutter'S Open Doors: What The University Of Michigan Affirmative Action Cases Mean For Race-Conscious Government Decisionmaking, Helen L. Norton
Stepping Through Grutter'S Open Doors: What The University Of Michigan Affirmative Action Cases Mean For Race-Conscious Government Decisionmaking, Helen L. Norton
Faculty Scholarship
In Grutter, a majority of the Court for the first time identified an instrumental justification for race-based government decisionmaking as compelling -- specifically, a public law school’s interest in attaining a diverse student body. Grutter not only recognized the value of diversity in higher education, but left open the possibility that the Court might find similar justifications compelling as well. The switch to instrumental justifications for affirmative action appears a strategic response to the Court’s narrowing of the availability of remedial rationales. A number of thoughtful commentators, however, have reacted to this trend with concern and even dismay, questioning whether …
Who Gets In? The Quest For Diversity After Grutter, Margaret E. Montoya, Athena Mutua, Sheldon Zedeck, Frank H. Wu, Charles E. Daye, David L. Chambers
Who Gets In? The Quest For Diversity After Grutter, Margaret E. Montoya, Athena Mutua, Sheldon Zedeck, Frank H. Wu, Charles E. Daye, David L. Chambers
Faculty Scholarship
Transcript of The 2004 James McCormick Mitchell Lecture. On March 8, 2004, the University at Buffalo Law School hosted its annual Mitchell Lecture,1 a panel discussion entitled, "Who Gets In? The Quest for Diversity After Grutter." The Mitchell Committee decided to focus this year's lecture on innovative proposals to ensure diversity in law school admissions in light of the Supreme Court's ruling in Grutter v. Bollinger, which confirmed that race and ethnicity could be taken into consideration in admission decisions for diversity purposes. Noting that much of the debate about Grutter thus far has emphasized the decision's constitutionality or its …
The Hubris Of The Master Chefs Of Diversity Stew, Michael K. Jordan
The Hubris Of The Master Chefs Of Diversity Stew, Michael K. Jordan
Faculty Scholarship
This article discusses the dangers of pursuing diversity, be it in the workplace, in a student body, or in a society, in a manner that puts a high level of control in the hands of a few experts using a specifc "recipe". These masters of diversity may pose serious threats to some basic principles that most Americans hold to be essential componenets of what it means to be free, self-determining individuals.
Contested Terrains Of Compensation: Equality, Affirmative Action And Diversity In The United States, Taunya L. Banks
Contested Terrains Of Compensation: Equality, Affirmative Action And Diversity In The United States, Taunya L. Banks
Faculty Scholarship
No abstract provided.
Academic Freedom And Governance: A Call For Increased Dialogue And Diversity, Phoebe A. Haddon
Academic Freedom And Governance: A Call For Increased Dialogue And Diversity, Phoebe A. Haddon
Faculty Scholarship
No abstract provided.