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- Race and law (6)
- Minorities (4)
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- United States Supreme Court (3)
- Affirmative action (2)
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- Civil Rights Act of 1964 (2)
- Segregation (2)
- Title VII (2)
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- City of Richmond v. J.A. Croson Co. (1)
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- Gender and law (1)
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- Mixed motives (1)
- Patterson v. McLean Credit Union (1)
- Plessy v. Ferguson (1)
- Runyon v. McCrary (1)
- Section 1981 (1)
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- Southern states (1)
- Statistics (1)
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Articles 1 - 8 of 8
Full-Text Articles in Law
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 …
Foundering On The Seas Of Hopelessness, Mary C. Dunlap
Foundering On The Seas Of Hopelessness, Mary C. Dunlap
Michigan Law Review
A Review of Gays/Justice: A Study of Ethics, Society, and Law by Richard D. Mohn
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 …
Clearing The Mixed-Motive Smokescreen: An Approach To Disparate Treatment Under Title Vii, Robert S. Whitman
Clearing The Mixed-Motive Smokescreen: An Approach To Disparate Treatment Under Title Vii, Robert S. Whitman
Michigan Law Review
Part I of this Note describes the indirect-evidence inquiry of McDonnell Douglas and its basis in the policies underlying Title VII. Part II presents the various judicial treatments of cases where direct evidence is presented. These three major approaches reflect varying views of the burdens of proof regarding Title VII causation, and assume that the plaintiff has already shown some palpable level of discrimination. Part III describes Mt. Healthy City School District Board of Education v. Doyle, in which the Supreme Court first devised an approach to mixed motives. Although the Mt. Healthy analysis was developed for first amendment …