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

Law Commons

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

Northern Illinois University

Journal

Affirmative action

Publication Year

Articles 1 - 4 of 4

Full-Text Articles in Law

Constructing Reality: Social Science And Race Cases, Beverly I. Moran May 2005

Constructing Reality: Social Science And Race Cases, Beverly I. Moran

Northern Illinois University Law Review

"Constructing Reality: Social Science and Race Cases" was the keynote address for the 2004 Northern Illinois University Law Review Symposium on the future of affirmative action after the Michigan affirmative action case known as Grutter v. Bollinger. The essay looks at the use of social science in the amicus briefs before the Supreme Court in that case. The author points out that social sciences were used in almost all the amicus briefs to either attack or defend affirmative action. This insight leads the author to argue that, because judges bring their understandings of the world into their decision making, lawyers …


Affirmative Action After Grutter And Gratz, Mark W. Cordes Jul 2004

Affirmative Action After Grutter And Gratz, Mark W. Cordes

Northern Illinois University Law Review

This article will examine the state of race-conscious admissions program at institutions of higher education after Grutter and Gratz. Part one first briefly reviews the Court's affirmative action jurisprudence prior to Grutter and Gratz, examining the Bakke decision, the Supreme Court affirmative action decisions between Bakke and Grutter, and the recent split in lower court decisions on the continuing viability of race-conscious admissions. Part two will then examine the Grutter and Gratz decisions themselves. Part three will then discuss the big picture of race-conscious admissions programs. Section A will analyze the general parameters established in Grutter and Gratz in terms …


Blind Leading The "Colorblind": The Evisceration Of Affirmative Action And A Dream Still Deferred, Amy L. Knickmeier May 1997

Blind Leading The "Colorblind": The Evisceration Of Affirmative Action And A Dream Still Deferred, Amy L. Knickmeier

Northern Illinois University Law Review

The age of race-conscious remedial programs is coming to its demise. This Comment analyzes the application of the Fourteenth Amendment to school desegregation decrees and affirmative action programs in higher education. Furthermore, the Comment addresses the progressively hostile attitude exemplified by the judiciary toward such programs when Constitutional violations are absent. Finally, this Comment argues that racism continues to extensively influence societal views and behaviors. Therefore, until more viable and effective solutions to racism are implemented, race-conscious affirmative action plans must survive. Consequently, the Supreme Court ought to mandate a lenient standard of review to race-based remedial programs in higher …


Podberesky, Hopwood, And Adarand: Implications For The Future Of Race-Based Programs, Lino A. Graglia May 1996

Podberesky, Hopwood, And Adarand: Implications For The Future Of Race-Based Programs, Lino A. Graglia

Northern Illinois University Law Review

Three recent decisions requiring strict scrutiny of race-based programs put the future of racially preferential "affirmative action" programs in doubt. In Podberesky, the Fourth Circuit disallowed race-based scholarship programs. In Hopwood, the Fifth Circuit rejected diversity and held that remedying past discrimination (narrowly defined) was the sole justification for race-based admissions. In Adarand, the Supreme Court required strict scrutiny of federal as well as state race-based programs.