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Full-Text Articles in Law
"The Prejudice Of Caste": The Misreading Of Justice Harlan And The Ascendency Of Anticlassificaiton, Scott Grinsell
"The Prejudice Of Caste": The Misreading Of Justice Harlan And The Ascendency Of Anticlassificaiton, Scott Grinsell
Michigan Journal of Race and Law
This Article reconsiders the familiar reading of Justice Harlan's dissent in Plessy v. Ferguson as standing for the principle of constitutional colorblindness by examining the significance of Harlan's use of the metaphor "caste" in the opinion. By overlooking Harlan's invocation of "caste," it argues that conservative proponents of anticlassification have reclaimed the opinion for "colorblindness," and buried a powerful statement of the antisubordination principle that is at the heart of our equality law. The Article begins by examining the emergence of a reading of the opinion as articulating a view of equality law based in anticlassification. The Article then returns …
Without Color Of Law: The Losing Race Against Colorblindness In Michigan, Khaled Ali Beydoun
Without Color Of Law: The Losing Race Against Colorblindness In Michigan, Khaled Ali Beydoun
Michigan Journal of Race and Law
This Essay examines affirmative action, while discussing its fall in California, Washington State, and ultimately Michigan.
Choice And Fraud In Racial Identification: The Dilemma Of Policing Race In Affirmative Action, The Census, And A Color-Blind Society, Tseming Yang
Michigan Journal of Race and Law
This Article focuses on the implications of self-conscious efforts by individuals to alter their racial identity and the challenge that they pose to social conventions and the law. It also considers some implications of such a framework to the promotion of a color-blind society, in particular with respect to health care services and bureaucratic records.
Reading, Writing, And Reparations: Systemic Reform Of Public Schools As A Matter Of Justice, Verna L. Williams
Reading, Writing, And Reparations: Systemic Reform Of Public Schools As A Matter Of Justice, Verna L. Williams
Michigan Journal of Race and Law
This Article analyzes Virginia's effort to remedy massive resistance and posits that, under reparations theory, a broader remedy is necessary to redress the scope of the state's wrongdoing. To do this, Part I briefly examines reparations theory, which provides the tools to identify the proper scope of the injury to be addressed, and, in turn, informs the proper choice of remedy. With this background, Part II discusses the Brown Fund Act and the massive resistance it seeks to remedy. In this connection, the Article demonstrates that the school shutdowns were part of a statewide decision to defy Brown and maintain …
Si Se Puede, But Who Gets The Gravy?, Richard Delgado
Si Se Puede, But Who Gets The Gravy?, Richard Delgado
Michigan Journal of Race and Law
In this piece, the author writes in two alternating voices: the voice of rap and the voice of standard academic discourse. The rap passages are rude, direct, even raunchy, while the prose passages are rendered in academic English. This dichotomy is intentional: Rap represents the voice of the people, the voice from below, the voice of those who live in neighborhoods filled with broken glass, an impatient, insurgent voice that bears little in common with the complex, jargon-filled sentences of most contemporary left discourse. The latter voice, in my view, has become too detached from that of our many constituents …
Fair And Facially Neutral Higher Educational Admissions Through Disparate Impact Analysis, Michael G. Perez
Fair And Facially Neutral Higher Educational Admissions Through Disparate Impact Analysis, Michael G. Perez
Michigan Journal of Race and Law
Part I of this Note proposes both remedial and instrumental justifications for applying disparate impact scrutiny to admissions policies. This Part argues that disparate impact analysis should be applied to higher education as a remedy for the disadvantage minority applicants face as a result of historic and ongoing intentional discrimination and that schools are culpable for unnecessarily utilizing admissions criteria that have this discriminatory effect. The result of applying disparate impact analysis will be admissions policies that produce diverse student bodies while remaining facially neutral with regard to race. Part II proposes that a necessity standard, unique to the higher …
The Dangers Of Misappropriation: Misusing Martin Luther King, Jr.'S Legacy To Prove The Colorblind Thesis, Ronald Turner
The Dangers Of Misappropriation: Misusing Martin Luther King, Jr.'S Legacy To Prove The Colorblind Thesis, Ronald Turner
Michigan Journal of Race and Law
This Article focuses on one particular aspect of the colorblind thesis: the misuse of Martin Luther King, Jr.'s image and legacy by liberals, neoliberals, conservatives, and neoconservatives "who cheaply invoke Dr. King's words even as they kill the substance and spirit of his radical message." The campaign supporting the adoption of Proposition 209, the California Civil Rights Initiative ("CCRI"), directly illustrates the misappropriation of King's legacy. Supporters of this anti-affirmative action proposal which calls for racial neutrality and a colorblind America, regularly invoked King's name, suggesting that he would have embraced such a measure. The California Republican Party prepared a …
Reconsidering Strict Scrutiny Of Affirmative Action, Brent E. Simmons
Reconsidering Strict Scrutiny Of Affirmative Action, Brent E. Simmons
Michigan Journal of Race and Law
Under the artificial constraints of strict scrutiny, however, the courts are free to veto the government's choice of more effective, race-conscious means. The Supreme Court's unfortunate and ill-conceived adoption of strict scrutiny as the constitutional standard for reviewing race-conscious affirmative action should be reconsidered for several reasons. This Article examines those reasons.