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University of Michigan Law School

Affirmative action

Legal Remedies

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Full-Text Articles in Law

Engineering The Endgame, Ellen D. Katz Jan 2010

Engineering The Endgame, Ellen D. Katz

Michigan Law Review

This Article explores what happens to longstanding remedies for past racial discrimination as conditions change. It shows that Congress and the Supreme Court have responded quite differently to changed conditions when they evaluate such remedies. Congress has generally opted to stay the course, while the Court has been more inclined to view change as cause to terminate a remedy. The Article argues that these very different responses share a defining flaw, namely, they treat existing remedies as fixed until they are terminated. As a result, remedies are either scrapped prematurely or left stagnant despite dramatically changed conditions. The Article seeks ...


The Underrepresentation Of Minorities In The Legal Profession: A Critical Race Theorist's Perspective, Alex M. Johnson Jr. Feb 1997

The Underrepresentation Of Minorities In The Legal Profession: A Critical Race Theorist's Perspective, Alex M. Johnson Jr.

Michigan Law Review

Over the last four years, I have taught a course in Critical Race Theory at the University of Virginia School of Law three times. Although each course is different, given the interplay between the teacher and the students and the integration of new developments into the course, there has been one constant subject that the students and I address: Of what import is the development of Critical Race Theory for the legal profession and larger society? Can Critical Race Theory have a positive or any effect for those outside legal academia? This article represents an attempt to explore that question ...