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Full-Text Articles in Law
Tribute To John Pickering, Ruth Bader Ginsburg
Tribute To John Pickering, Ruth Bader Ginsburg
Michigan Law Review
John Pickering was a grand human whose life is just cause for celebration. He taught constantly, through his own work and deeds, how lawyers in private practice can contribute hugely to the public good. John's dear friend, my revered D.C. Circuit colleague, Carl McGowan, spoke of the lawyer of technical competence content to be a working mason. The best of lawyers, Judge McGowan said, serve as architects, planners, builders in law. Along with high technical competence, the best of lawyers have a deep understanding of the nature and purposes of the law, which makes them wise and reliable counselors, broad-gauged …
Diversity: A Fundamental American Principle, David Orentlicher
Diversity: A Fundamental American Principle, David Orentlicher
Missouri Law Review
This article argues that both the Court in its defense of diversity and the commentators in their critiques of the diversity rationale have misjudged the public interest in diversity. Rather than having insufficient weight to justify affirmative action or reflecting a limited educational interest," diversity is a critical principle for much of American constitutional and social structure. 12 In particular, the federalist system of government rests in large part on the belief that a diversity of approaches by the fifty states will lead to better government than would a single approach by the national government., Similarly, the American capitalist economic …
Constructing Reality: Social Science And Race Cases, Beverly I. Moran
Constructing Reality: Social Science And Race Cases, Beverly I. Moran
Northern Illinois University Law Review
"Constructing Reality: Social Science and Race Cases" was the keynote address for the 2004 Northern Illinois University Law Review Symposium on the future of affirmative action after the Michigan affirmative action case known as Grutter v. Bollinger. The essay looks at the use of social science in the amicus briefs before the Supreme Court in that case. The author points out that social sciences were used in almost all the amicus briefs to either attack or defend affirmative action. This insight leads the author to argue that, because judges bring their understandings of the world into their decision making, lawyers …
Justifying The Disparate Impact Standard Under A Theory Of Equal Citizenship, Rebecca S. Giltner
Justifying The Disparate Impact Standard Under A Theory Of Equal Citizenship, Rebecca S. Giltner
Michigan Journal of Race and Law
Part I of this Note outlines the limitations on congressional power under Section V and their implications for justifying the constitutionality of the disparate impact standard. Part II explores the prohibition of intentional discrimination as a justification for the disparate impact standard and argues that justifying the disparate impact standard through this theory, as some courts currently do, may eventually narrow disparate impact doctrine and thus constrain the possibilities for substantive equality in employment. This Part also analogizes the limits of using an intentional discrimination rationale to justify the disparate impact standard to the limits of using the diversity rationale …
New Urbanism: Urban Development And Ethnic Integration In Europe And The United States, James A. Kushner
New Urbanism: Urban Development And Ethnic Integration In Europe And The United States, James A. Kushner
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.