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Articles 61 - 90 of 264
Full-Text Articles in Law
Fisher V. Texas: The Limits Of Exhaustion And The Future Of Race-Conscious University Admissions, John A. Powell, Stephen Menendian
Fisher V. Texas: The Limits Of Exhaustion And The Future Of Race-Conscious University Admissions, John A. Powell, Stephen Menendian
University of Michigan Journal of Law Reform
This Article investigates the potential ramifications of Fisher v. Texas and the future of race-conscious university admissions. Although one cannot predict the ultimate significance of the Fisher decision, its brief and pregnant statements of law portends an increasingly perilous course for traditional affirmative action programs. Part I explores the opinions filed in Fisher, with a particular emphasis on Justice Kennedy’s opinion on behalf of the Court. We focus on the ways in which the Fisher decision departs from precedent, proscribes new limits on the use of race in university admissions, and tightens requirements for narrow tailoring. Part II investigates the …
Thinking Hard About 'Race-Neutral' Admissions, Richard H. Sander, Aaron Danielson
Thinking Hard About 'Race-Neutral' Admissions, Richard H. Sander, Aaron Danielson
University of Michigan Journal of Law Reform
Our exploration is organized as follows. In Part I, we sympathetically consider the very difficult dilemmas facing higher education leaders. Understanding the often irreconcilable pressures that constrain university administrators is essential if we are to envision the plausible policies they might undertake. In Part II, we draw on a range of data to illustrate some of the “properties” of admissions systems and, in particular, the ways in which race, SES, and academic preparation interact dynamically both within individual schools and across the educational spectrum. Partly because the questions we examine here have been so little studied, ideal data does not …
Education Law, D. Patrick Lacy Jr., Kathleen S. Mehfoud
Education Law, D. Patrick Lacy Jr., Kathleen S. Mehfoud
University of Richmond Law Review
This article presents a survey of the significant developments in the area of K-12 education law in Virginia from 2012 to the present. After two of the most active legislative and judicial sessions for education policy in recent years, this review can present only a select number of the many education-related statutes and judicial decisions introduced during this time. This survey places a special emphasis on the Virginia General Assembly's recent legislative updates to the Virginia education code. The volume and significance of these updates reflects Governor Robert McDonnell's commitment in 2013 to pursuing a bold education agenda. As Congress …
Revisiting Parents Involved V. Seattle School District: Race Consciousness And The Government-Speech Doctrine, Joseph O. Oluwole
Revisiting Parents Involved V. Seattle School District: Race Consciousness And The Government-Speech Doctrine, Joseph O. Oluwole
Golden Gate University Law Review
Professor William M. Carter, Jr.’s trailblazing work, Affirmative Action As Government Speech, first examined the relationship between government speech and race-conscious measures. According to Professor Carter, the United States Supreme Court “has come to view race-conscious government action as a form of prohibited government speech.” This Article takes a different approach from that of Professor Carter; specifically, the Article reviews the majority, dissenting, and concurring opinions in the Parents Involved case for language indicating the Justices’ parameters for viewing voluntary race-conscious measures as government speech. This is important, given that Parents Involved is the landmark Supreme Court decision on …
Is The Antidiscrimination Project Being Ended?, Michael J. Zimmer
Is The Antidiscrimination Project Being Ended?, Michael J. Zimmer
Indiana Journal of Law and Social Equality
No abstract provided.
A Class Act? Social Class Affirmative Action And Higher Education, Maimon Schwarzschild
A Class Act? Social Class Affirmative Action And Higher Education, Maimon Schwarzschild
San Diego Law Review
Comparing class preferences with racial preferences helps to point up some of the reasons for the allure of class preferences but also points up some of the problems. A crucial consideration is the question of who is to receive class preference. For example, what about immigrants and their children? In general, social class is difficult to define, and this very difficulty would confer great discretion and power on faculties and academic administrators who undertake to bestow class preferences: discretion that would be open to abuse for political, ideological, and other ends. Finally, there is the question of whether preferential treatment …
In Defense Of Deference: The Case For Respecting Educational Autonomy And Expert Judgments In Fisher V. Texas, Eboni S. Nelson
In Defense Of Deference: The Case For Respecting Educational Autonomy And Expert Judgments In Fisher V. Texas, Eboni S. Nelson
University of Richmond Law Review
No abstract provided.
The Role Of Networks, Mentors, And The Law In Overcoming Barriers To Organizational Leadership For Women With Children, Terry Morehead Dworkin, Aarti Ramaswami, Cindy A. Schipani
The Role Of Networks, Mentors, And The Law In Overcoming Barriers To Organizational Leadership For Women With Children, Terry Morehead Dworkin, Aarti Ramaswami, Cindy A. Schipani
Michigan Journal of Gender & Law
The 2012 election brought headlines such as "Another 'Year of Women' in Congress." Although the number of women in the highest legislative offices increased, their numbers are still significantly lower than those of men. Fewer than 100 women hold office in both houses of Congress. Corporate America similarly reflects significantly low female leadership numbers. For example, "fewer than 20% of finance industry directors and executives are women, and [there are] no women leading the 20 biggest U.S. banks and securities firms." Women make up nearly half the workforce and hold 60% of bachelor degrees, yet they hold only 14% of …
Doing Affirmative Action, Stephen Clowney
Doing Affirmative Action, Stephen Clowney
Michigan Law Review First Impressions
Sometime this year the Supreme Court will announce its holding in Fisher v. University of Texas at Austin, a case that asks whether colleges may continue to consider race when making admissions decisions. Most Court watchers predict that the five conservative justices will vote to curtail the use of racial preferences. Lost in the weighty discussions about the scope of the Equal Protection Clause and the meaning of the Civil Rights struggle is any clear and concise explanation of how selective colleges actually make admissions decisions and how they work to fulfill the goals of affirmative action. This Essay seeks …
The Inevitable Collision: Affirmative Action And The Constitution, Jennifer Moore
The Inevitable Collision: Affirmative Action And The Constitution, Jennifer Moore
Pepperdine Law Review
No abstract provided.
Justice As Right Relationship: A Philosophical And Theological Reflection On Affirmative Action, Robert John Araujo
Justice As Right Relationship: A Philosophical And Theological Reflection On Affirmative Action, Robert John Araujo
Pepperdine Law Review
No abstract provided.
What Can The Brothers Malone Teach Us About Ficher V. University Of Texas?, Charlie Gerstein
What Can The Brothers Malone Teach Us About Ficher V. University Of Texas?, Charlie Gerstein
Michigan Law Review First Impressions
In 1975, the Brothers Malone took the entrance exam for the Boston Fire Department. At the time, the Department was under a court-ordered affirmative action plan: it divided its pool of test-takers into groups of black and white applicants and gave substantial preference to those in the former. The Brothers listed themselves as white and didn't make the cut. In 1977, the Brothers Malone again took the entrance exam for the Boston Fire department, this time listing themselves as black. The Brothers became firemen. Within a few years, someone at the Fire Department grew suspicious of the Malones. An investigation …
"If The Plaintiffs Are Right, Grutter Is Wrong": Why Fisher V. University Of Texas Presents An Opportunity For The Supreme Court To Overturn A Flawed Decision, Brooks H. Spears
"If The Plaintiffs Are Right, Grutter Is Wrong": Why Fisher V. University Of Texas Presents An Opportunity For The Supreme Court To Overturn A Flawed Decision, Brooks H. Spears
University of Richmond Law Review
No abstract provided.
Applying Indices Post-Grutter To Monitor Progress Toward Attaining A Diverse Student Body, Roger W. Reinsch, Sonia Goltz, Hong Chen, Joel C. Tuoriniemi
Applying Indices Post-Grutter To Monitor Progress Toward Attaining A Diverse Student Body, Roger W. Reinsch, Sonia Goltz, Hong Chen, Joel C. Tuoriniemi
Northwestern Journal of Law & Social Policy
The Supreme Court decision in Grutter v. Bollinger provided more definitive guidance for institutions of higher education desiring to use racial preferences in an effort to achieve a diverse student body. This Article first examines Grutter and other relevant cases to set forth the parameters established by the Supreme Court concerning how university preferences, including but not limited to race, may be used in an admissions policy. This Article then provides a framework for creating and using diversity indices that can help institutions implement the guidelines found in these court decisions and monitor whether or not the goal of diversity …
Scrutinize This!: The Questionable Constitutionality Of Gender-Conscious Admissions Policies Utilized By Public Universities, Amy Hinkley
Pepperdine Law Review
No abstract provided.
The Promise Of Grutter: Diverse Interactions At The University Of Michigan Law School, Meera E. Deo
The Promise Of Grutter: Diverse Interactions At The University Of Michigan Law School, Meera E. Deo
Michigan Journal of Race and Law
In Grutter v. Bollinger, the U.S. Supreme Court upheld affirmative action at the University of Michigan Law School on the grounds of educational diversity. Yet the Court's assumption that admitting diverse students into law school would result in improved race relations, livelier classroom conversations, and better professional outcomes for students has never been empirically tested. This Article relies on survey and focus group data collected at the University of Michigan Lav School campus itself in March 2010 to examine not only whether, but how diversity affects learning. The data indicate both that there are sufficient numbers of students of color …
The Erosion Of Affirmative Action: The Fifth Circuit Contradicts The Supreme Court On The Issue Of Diversity, Emily V. Pastorius
The Erosion Of Affirmative Action: The Fifth Circuit Contradicts The Supreme Court On The Issue Of Diversity, Emily V. Pastorius
Golden Gate University Law Review
This Comment will begin by examining the facts and procedural history of the Hopwood case. It will discuss background information relevant to understanding affirmative action and the precedent used by the Fifth Circuit, most notably the Bakke decision. This Comment will also examine the application of affirmative action in higher education admissions policies. It will evaluate the Fifth Circuit's reasoning for contradicting Bakke when the Fifth Circuit concluded that racial considerations are impermissible in admission plans in higher education. Finally, this Comment proposes that the Fifth Circuit was hasty in rendering its conclusion.
Affirmative Action And The California Civil Wrongs Initiative, Eva Jefferson Paterson
Affirmative Action And The California Civil Wrongs Initiative, Eva Jefferson Paterson
Golden Gate University Law Review
No abstract provided.
What Would Be The Impact Of Eliminating Affirmative Action?, Erwin Chermerinsky
What Would Be The Impact Of Eliminating Affirmative Action?, Erwin Chermerinsky
Golden Gate University Law Review
This afternoon I want to discuss what would be the impact of eliminating affirmative action. To do this, I want to focus on what I see as the myths of affirmative action and then the realities of affirmative action. I believe that the popular discussion of this important and divisive topic is very much distorted by certain myths. I would identify for you three myths of affirmative action.
Eldredge V. Carpenters' 46 Northern California Counties Joint Apprenticeship Training Committee: The Ninth Circuit Finally Hammers The Carpenters' Union With An Affirmative Action Plan, Unaloto-Ki-Vahanoa Halamehi Aholelei-Aonga
Eldredge V. Carpenters' 46 Northern California Counties Joint Apprenticeship Training Committee: The Ninth Circuit Finally Hammers The Carpenters' Union With An Affirmative Action Plan, Unaloto-Ki-Vahanoa Halamehi Aholelei-Aonga
Golden Gate University Law Review
No abstract provided.
Defining The Parameters Of Permissible State And Local Affirmative Action Programs, Janice R. Franke
Defining The Parameters Of Permissible State And Local Affirmative Action Programs, Janice R. Franke
Golden Gate University Law Review
In the 1989 case of Richmond v. Croson, the United States Supreme Court issued a decision which has had a tremendous impact on subsequent judicial evaluations of other public sector affirmative action efforts, and hence also on the adoption and structuring of state and local affirmative action programs. One significant factor about the Croson decision was that it was the first time a majority of the Court set strict scrutiny as the standard of review for assessing the constitutionality of state and local race-based affirmative action endeavors. Despite this agreement as to the proper standard of review, however, there was …
Constitutional Law, Christopher Windle
Constitutional Law, Christopher Windle
Golden Gate University Law Review
No abstract provided.
Johnson V. Santa Clara County Transportation Agency: Affirmative Action Expanded Under Title Vii, Theresa Marks
Johnson V. Santa Clara County Transportation Agency: Affirmative Action Expanded Under Title Vii, Theresa Marks
Golden Gate University Law Review
This note discusses the guidelines established in Johnson. It will suggest that under the Johnson standards, general societal discrimination may provide a sufficient basis for imposing voluntary, sexually classified remedies under Title VII It will further suggest that voluntary affirmative action in response to general societal discrimination is consistent with the United States Supreme Court's interpretation of Congress's intent in enacting Title VII Finally, this note will evaluate the potential benefit the Johnson decision brings to women's rights as well as noting the problems presented by the Court's failure to clearly delineate appropriate standards for affirmative action.
An Agenda For Women Lawyers: Pandora's Box, Ann Fagan Ginger
An Agenda For Women Lawyers: Pandora's Box, Ann Fagan Ginger
Golden Gate University Law Review
No abstract provided.
Affirmative Action In Brazil: Reverse Discrimination And The Creation Of A Constitutionally Protected Color-Line, Christopher Dischino
Affirmative Action In Brazil: Reverse Discrimination And The Creation Of A Constitutionally Protected Color-Line, Christopher Dischino
University of Miami International and Comparative Law Review
No abstract provided.
Contingent Equal Protection: Reaching For Equality After Ricci And Pics, Jennifer S. Hendricks
Contingent Equal Protection: Reaching For Equality After Ricci And Pics, Jennifer S. Hendricks
Michigan Journal of Gender & Law
This Article uses the term contingent equal protection to describe the constitutional analysis that applies to a range of governmental efforts to ameliorate race and sex hierarchies. "Contingent" refers to the fact that the equal protection analysis is contingent upon the existence of structural, de facto inequality. Contingent equal protection cases include those that involve explicit race and sex classifications, facially neutral efforts to reduce inequality, and accommodation of sex differences to promote equality. Uniting all three kinds of cases under a single conceptual umbrella reveals the implications that developments in one area can have for the other two.
Tailoring The Narrow Tailoring Requirement In The Supreme Court's Affirmative Action Cases, Luiz Antonio Salazar Arroyo
Tailoring The Narrow Tailoring Requirement In The Supreme Court's Affirmative Action Cases, Luiz Antonio Salazar Arroyo
Cleveland State Law Review
In his first and only affirmative action decision since becoming the controlling member of the Supreme Court, Justice Kennedy, in Parents Involved in Community Schools v. Seattle School District No. 1, showed a possible willingness to go back to the looser, more contextualist view of the narrow tailoring requirement that the Court embraced when Justice Powell was the swing vote. This Article argues that regardless of whether Justice Kennedy actually was moving back toward a more contextualist approach to narrow tailoring, a shift away from the highly formalistic inquiry adopted by Justice O'Connor back to the looser contextual standard used …
Engineering The Endgame, Ellen D. Katz
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 …
Glimmers Of Hope: The Evolution Of Equality Rights Doctrine In Japanese Courts From A Comparative Perspective, Craig Martin
Glimmers Of Hope: The Evolution Of Equality Rights Doctrine In Japanese Courts From A Comparative Perspective, Craig Martin
Duke Journal of Comparative & International Law
No abstract provided.
Rethinking Colorblind State Action: A Thought Experiment On Racial Preferences, Michele Goodwin, Nevin Gewertz
Rethinking Colorblind State Action: A Thought Experiment On Racial Preferences, Michele Goodwin, Nevin Gewertz
Law and Contemporary Problems
No abstract provided.