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

Law Commons™

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

Selected Works

2011

Affirmative action

Articles 1 - 5 of 5

Full-Text Articles in Law

Harvesting New Conceptions Of Equality: Opportunity, Results, And Neutrality, Cedric M. Powell Oct 2011

Harvesting New Conceptions Of Equality: Opportunity, Results, And Neutrality, Cedric M. Powell

Cedric M. Powell

This is a critical period in the Court’s history; there is a doctrinal shift from the Rehnquist Court’s colorblind constitutionalism to the Roberts Court’s post-racial universalism. The Fourteenth Amendment and Title VII have been inverted: under the Fourteenth Amendment, whites are the new discrete and insular minority to be protected from a result-oriented “racial” process; and, under Title VII, disparate impact is irrelevant in the absence of a “strong basis in evidence” to believe that there will be liability. In a very direct way, the Court’s race jurisprudence privileges reverse discrimination suits. To advance the critique of the Court’s doctrinal …

Go to article

Affirmative Action And International Law, Maxwell O. Chibundu Jul 2011

Affirmative Action And International Law, Maxwell O. Chibundu

Maxwell O. Chibundu

The use of the conjunction 'and' rather than the preposition 'in' in the title of this essay is intended to convey both the descriptive limitations of the subject matter as well as the breadth of its potentialities. International law and its practitioners have devoted little attention to issues of affirmative action and currently dominant epistemic trends do not suggest any significant shift in focus occurring soon. By contrast, municipal proponents of affirmative action in countries such as the United States, embattled as they are in defending an increasingly controversial policy, have tried to bolster their arguments by reference to international …

Go to article

Radicalism, Racism, And Affirmative Action: In Defense Of A Historical Approach, Deseriee Kennedy Apr 2011

Radicalism, Racism, And Affirmative Action: In Defense Of A Historical Approach, Deseriee Kennedy

Deseriee A. Kennedy

No abstract provided.

Go to article

Discrimination Cases Of The 2002 Term (Symposium: The Fifteenth Annual Supreme Court Review), Eileen Kaufman Mar 2011

Discrimination Cases Of The 2002 Term (Symposium: The Fifteenth Annual Supreme Court Review), Eileen Kaufman

Eileen Kaufman

No abstract provided.

Go to article

Are Law Schools Racist? - Part Ii (Symposium: Deconstructing Race: When Reasonable Minds Differ), Dan Subotnik Mar 2011

Are Law Schools Racist? - Part Ii (Symposium: Deconstructing Race: When Reasonable Minds Differ), Dan Subotnik

Dan Subotnik

No abstract provided.

Go to article