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Full-Text Articles in Law
Perkembangan Pengaturan Tindakan Afirmasi Perempuan Pada Dewan Perwakilan Rakyat Republik Indonesia, Ishmah Naqiyyah
Perkembangan Pengaturan Tindakan Afirmasi Perempuan Pada Dewan Perwakilan Rakyat Republik Indonesia, Ishmah Naqiyyah
Jurnal Konstitusi & Demokrasi
This research discusses the development of affirmative action arrangements to increase women's representation in the DPR RI and how the implementation of these arrangements since the beginning of affirmative action was applied in 2004 until the last time affirmative action for the DPR was applied, namely in 2014. The research method used is normative juridical with a legal history approach. The discussion begins by analyzing affirmative action in the Political Party Law, the General Election Law for Members of the DPR, DPD, and DPRD, and the Law on the People's Consultative Assembly, the House of Representatives, the Regional Representatives Council, …
Through A Glass, Darkly: Systemic Racism, Affirmative Action, And Disproportionate Minority Contact, Robin Walker Sterling
Through A Glass, Darkly: Systemic Racism, Affirmative Action, And Disproportionate Minority Contact, Robin Walker Sterling
Michigan Law Review
This Article is the first to describe how systemic racism persists in a society that openly denounces racism and racist behaviors, using affirmative action and disproportionate minority contact as contrasting examples. Affirmative action and disproportionate minority contact are two sides of the same coin. Far from being distinct, these two social institutions function as two sides of the same ideology, sharing a common historical nucleus rooted in the mythologies that sustained chattel slavery in the United States. The effects of these narratives continue to operate in race-related jurisprudence and in the criminal legal system, sending normative messages about race and …
Chief Justice John Roberts: Institutionalist Or Hubris-In-Chief?, Eric J. Segall
Chief Justice John Roberts: Institutionalist Or Hubris-In-Chief?, Eric J. Segall
Washington and Lee Law Review Online
The conventional wisdom among Supreme Court scholars and commentators is that Chief Justice John Roberts is an institutionalist who cares deeply about both his personal legacy and the Supreme Court’s prestige over time. This essay challenges that belief. While the Chief certainly cares about how the Court is perceived by the public, as do most of the justices, what most defines Roberts is his hubris—not a concern for the Court’s legitimacy or even his own place in history. Across the vast landscape of constitutional law, Roberts has distorted precedent and ignored text and history to further his own policy preferences. …
Affirmative Inaction: A Quantitative Analysis Of Progress Toward “Critical Mass” In U.S. Legal Education, Loren M. Lee
Affirmative Inaction: A Quantitative Analysis Of Progress Toward “Critical Mass” In U.S. Legal Education, Loren M. Lee
Michigan Law Review
Since 1978, the Supreme Court has recognized diversity as a compelling government interest to uphold the use of affirmative action in higher education. Yet the constitutionality of the practice has been challenged many times. In Grutter v. Bollinger, for example, the Court denied its use in perpetuity and suggested a twenty-five-year time limit for its application in law school admissions. Almost two decades have passed, so where do we stand? This Note’s quantitative analysis of the matriculation of and degrees awarded to Black and Latinx students at twenty-nine accredited law schools across the United States illuminates a stark lack of …
The Long Shortlist: Women Considered For The Supreme Court, Michael Conklin
The Long Shortlist: Women Considered For The Supreme Court, Michael Conklin
Journal of Race, Gender, and Ethnicity
No abstract provided.
Males Need Not Apply: Assessing The Legality Of American University Business Law Review's All-Female Issue, Michael Conklin
Males Need Not Apply: Assessing The Legality Of American University Business Law Review's All-Female Issue, Michael Conklin
Touro Law Review
No abstract provided.
Schuette And Affirmative Action: Why There Are Limits To What A Majority Of The People May Do, Rossanna C. Hernandez Mitchell
Schuette And Affirmative Action: Why There Are Limits To What A Majority Of The People May Do, Rossanna C. Hernandez Mitchell
Intercultural Human Rights Law Review
This article will be divided as follows: Part I will examine American legislative history and its failure to end discrimination in fact. Part II will analyze the claims of the States and the people regarding affirmative action. Part III will explore past trends in judicial decisions and their conditioning factors, including political party platforms and United States Supreme Court appointments. Part IV will evaluate changes in those conditioning factors that may alter future decisions, including the best- and worstcase scenarios. Lastly, Part V will provide recommendations on the best approach to remediate past discriminations.