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Articles 1 - 10 of 10
Full-Text Articles in Law
Podberesky, Hopwood, And Adarand: Implications For The Future Of Race-Based Programs, Lino A. Graglia
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.
Foreword: Never Again, Franklin D. Cleckley
Foreword: Never Again, Franklin D. Cleckley
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Reaffirming Affirmative Action We've Come A Long Way, But Not Far Enough, Cynthia R. Mabry
Reaffirming Affirmative Action We've Come A Long Way, But Not Far Enough, Cynthia R. Mabry
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Affirmative (Re)Action: Anything But Race , Katheryn K. Russell
Affirmative (Re)Action: Anything But Race , Katheryn K. Russell
American University Law Review
No abstract provided.
Discrimination, Affirmative Action And Freedom: Sorting Out The Issues , Roger Pilon
Discrimination, Affirmative Action And Freedom: Sorting Out The Issues , Roger Pilon
American University Law Review
No abstract provided.
Playing The "Gender" Card: Affirmative Action And Working Women, Mary K. O'Melveny
Playing The "Gender" Card: Affirmative Action And Working Women, Mary K. O'Melveny
Kentucky Law Journal
No abstract provided.
Silent Beneficiaries: Affirmative Action And Gender In Law School Academic Support Programs, Darlene C. Goring
Silent Beneficiaries: Affirmative Action And Gender In Law School Academic Support Programs, Darlene C. Goring
Kentucky Law Journal
No abstract provided.
The Evolution Of Race In The Law: The Supreme Court Moves From Approving Internment Of Japanese Americans To Disapproving Affirmative Ation For African Americans, Reggie Oh, Frank Wu
The Evolution Of Race In The Law: The Supreme Court Moves From Approving Internment Of Japanese Americans To Disapproving Affirmative Ation For African Americans, Reggie Oh, Frank Wu
Michigan Journal of Race and Law
As the Court suggests, the Korematsu precedent is crucial to the Adarand decision. In Adarand, the Court analyzes Korematsu in depth, acknowledging that its own judgment had been mistaken in the internment cases, instead of simply citing the decisions as it formally had done until the very recent past. The Court nevertheless fails to appreciate the differences between Korematsu and Adarand, and in particular the consequences of using "strict scrutiny" for all racial classifications. This essay explores the complex relation-ship between Korematsu and Adarand, and offers a critique of the reasoning used in both cases. The essay …
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.
Adarand Constructors, Inc. V. Pena: The Lochnerization Of Affirmative Action Recent Development., Patricia A. Carlson
Adarand Constructors, Inc. V. Pena: The Lochnerization Of Affirmative Action Recent Development., Patricia A. Carlson
St. Mary's Law Journal
The Supreme Court’s decision in Adarand will lead to the invalidation of many federal programs because the decision requires strict scrutiny for all affirmative action programs, including federal programs. The Court ignores both constitutional strictures and American history by resorting to Lochner era rulings of striking down federal socio-economic regulations. Overturning the clear precedent of Fullilove undermines stare decisis by valuing the language of the Court’s decision over its meaning. The Court in Adarand presumes that the Constitution is color-blind. This presumption ignores the history leading up to the Reconstruction Amendments, the purpose of the Reconstruction Amendments, and the intentions …