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Articles 1 - 30 of 49
Full-Text Articles in Law
Affirmative Action: Where Do We Go From Here, John A. Powell
Affirmative Action: Where Do We Go From Here, John A. Powell
john a. powell
This Article addresses the theme "Affirmative Action: Where do we go from here?" by attempting to unpack affirmative action and a few principles and rationales that have left us with little more than a snapshot. Part I discusses the distortions related to "critical mass" and race. Part II discusses the relationship between decision-making and the unconscious. Part III touches on racialized U.S. space. Part IV, briefly discusses situatedness 6 and examples of efforts to navigate it. Finally, in Part V, I conclude with a few final thoughts about racial polarization in today's society.
Fisher V. Texas: The Limits Of Exhaustion And The Future Of Race-Conscious University Admissions, John Powell, Stephen Menendian
Fisher V. Texas: The Limits Of Exhaustion And The Future Of Race-Conscious University Admissions, John Powell, Stephen Menendian
john a. powell
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 …
Beyond Public/Private: Understanding Excessive Corporate Prerogative, John A. Powell, Stephen Mendendian
Beyond Public/Private: Understanding Excessive Corporate Prerogative, John A. Powell, Stephen Mendendian
john a. powell
No abstract provided.
Tearing Down Structural Racism And Rebuilding Communities, Maya Wiley, John A. Powell
Tearing Down Structural Racism And Rebuilding Communities, Maya Wiley, John A. Powell
john a. powell
No abstract provided.
Introduction, John A. Powell
New Property Disaggregated: A Model To Address Employment Discrimination, John A. Powell
New Property Disaggregated: A Model To Address Employment Discrimination, John A. Powell
john a. powell
No abstract provided.
Race And Poverty: A New Focus For Legal Services, John A. Powell
Race And Poverty: A New Focus For Legal Services, John A. Powell
john a. powell
No abstract provided.
The Multiple Self: Exploring Between And Beyond Modernity And Postmodernity, John A. Powell
The Multiple Self: Exploring Between And Beyond Modernity And Postmodernity, John A. Powell
john a. powell
No abstract provided.
A Majority-Minority Nation: Racing The Population In The Twenty-First Century, John A. Powell
A Majority-Minority Nation: Racing The Population In The Twenty-First Century, John A. Powell
john a. powell
This article explores the factors that affect the creation of racial classifications and how they are reflected in the Census categories, particularly in regard to the classification of Hispanics. The article argues that an increase in racial minorities will not solely stop white racial domination of political power structures because of entrenched racial policies and practices. To end this domination, racial minorities must organize and collaborate to take down these racially oppressive structures.
Little Rock And The Legacy Of Dred Scott, John A. Powell, Stephen Menendian
Little Rock And The Legacy Of Dred Scott, John A. Powell, Stephen Menendian
john a. powell
No abstract provided.
Injecting A Race Component Into Mount Laurel-Style Litigation, John A. Powell
Injecting A Race Component Into Mount Laurel-Style Litigation, John A. Powell
john a. powell
No abstract provided.
Dreaming Of A Self Beyond Whiteness And Isolation, John Powell
Dreaming Of A Self Beyond Whiteness And Isolation, John Powell
john a. powell
In this Essay I want to engage racial boundaries and social boundaries in general. I want to poke them, prod them, and examine how these boundaries are constructed—not only in the structures and arrangements of our society, but within our processes of self-identification. I want to look at how we create these boundaries, and how they, in turn, create us. I assert that these external boundaries and manifestations of whiteness and internal white identity are linked at a deep level and that a better understanding of this relationship helps to explain why whiteness and racial hierarchy are still reproduced across …
Giving Them The Old One-Two: Gentrification And The K.O. Of Impoverished Urban Dwellers Of Color, John A. Powell, Marguerite L. Spencer
Giving Them The Old One-Two: Gentrification And The K.O. Of Impoverished Urban Dwellers Of Color, John A. Powell, Marguerite L. Spencer
john a. powell
No abstract provided.
Rights Talk/Free Speech And Equality, John A. Powell
Rights Talk/Free Speech And Equality, John A. Powell
john a. powell
No abstract provided.
The Future Of Fair Housing And Fair Credit: From Crisis To Opportunity, John A. Powell, Jason Reece
The Future Of Fair Housing And Fair Credit: From Crisis To Opportunity, John A. Powell, Jason Reece
john a. powell
No abstract provided.
Minority-Majority Nation: Racing The Population In The Twenty-First Century, A, John A. Powell
Minority-Majority Nation: Racing The Population In The Twenty-First Century, A, John A. Powell
john a. powell
No abstract provided.
Hostage To The Drug War: The National Purse, The Constitution And The Black Community, John A. Powell, Eileen B. Hershenov
Hostage To The Drug War: The National Purse, The Constitution And The Black Community, John A. Powell, Eileen B. Hershenov
john a. powell
No abstract provided.
Brown Is Not Brown And Educational Reform Is Not Reform If Integration Is Not A Goal, John A. Powell, Marguerite L. Spencer
Brown Is Not Brown And Educational Reform Is Not Reform If Integration Is Not A Goal, John A. Powell, Marguerite L. Spencer
john a. powell
No abstract provided.
Living And Learning: Linking Housing And Education, John A. Powell
Living And Learning: Linking Housing And Education, John A. Powell
john a. powell
No abstract provided.
Constitutionalism And The Extreme Poor: New-Dred Scott And The Contemporary "Discrete And Insular Minorities", John A. Powell
Constitutionalism And The Extreme Poor: New-Dred Scott And The Contemporary "Discrete And Insular Minorities", John A. Powell
john a. powell
This symposium issue addresses a range of questions concerning the Constitution and the poor. In this Essay, I will share some initial thoughts responsive to what has already been presented in this issue of the Drake Law Review and what was discussed during the symposium, and then I will turn to the question at hand and attempt to introduce a few new ideas into the discussion. First, I will address an issue raised by Mr. Shapiro. When I posed the question to him regarding which period, in his view, best represented an appropriate constitutional interpretation and understanding, he answered with …
Worlds Apart: Reconciling Freedom Of Speech And Equality, John A. Powell
Worlds Apart: Reconciling Freedom Of Speech And Equality, John A. Powell
john a. powell
No abstract provided.
The Race And Class Nexus: An Intersectional Perspective, John A. Powell
The Race And Class Nexus: An Intersectional Perspective, John A. Powell
john a. powell
No abstract provided.
Corporate Prerogative, Race, And Identity Under The Fourteenth Amendment, John A. Powell, Caitlin Watt
Corporate Prerogative, Race, And Identity Under The Fourteenth Amendment, John A. Powell, Caitlin Watt
john a. powell
The article describes an observation made by Justice Hugo Black in the case Connecticut General Life Insurance v. Johnson in 1937. According to Black, less than one-half of 1% of the cases reaching the U.S. Supreme Court under the Fourteenth Amendment had anything to do with blacks or freed slaves, while more than 50% of cases reaching the Court were about corporations. It recounts the early civil rights under the Fourteenth Amendment and the scholarly work on civil rights and corporate history before and after reconstruction.
Parents Involved: The Mantle Of Brown, The Shadow Of Plessy, John A. Powell, Stephen Menendian
Parents Involved: The Mantle Of Brown, The Shadow Of Plessy, John A. Powell, Stephen Menendian
john a. powell
The article explores the historical interpretations of the Fourteenth Amendment and the Supreme Court's ruling in the Parents Involved case. It argues that the Court's anticlassification principle is not supported by the central meaning and legacy of Brown. It states that the decision has changed the meaning of Brown via adopting formal equality as a normative constitutional principle. It adds that the court dismisses the harm of segregation and stresses the harm of racial classification.
The Tensions Between Integration And School Reform, John A. Powell
The Tensions Between Integration And School Reform, John A. Powell
john a. powell
No abstract provided.
Righting The Law: Seeking A Humane Voice, John A. Powell
Righting The Law: Seeking A Humane Voice, John A. Powell
john a. powell
No abstract provided.
The Racing Of American Society: Race Functioning As A Verb Before Signifying As A Noun, John A. Powell
The Racing Of American Society: Race Functioning As A Verb Before Signifying As A Noun, John A. Powell
john a. powell
No abstract provided.
Post-Racialism Or Targeted Universalism, John A. Powell
Post-Racialism Or Targeted Universalism, John A. Powell
john a. powell
No abstract provided.
Whites Will Be Whites: The Failure To Interrogate Racial Privilege, John A. Powell
Whites Will Be Whites: The Failure To Interrogate Racial Privilege, John A. Powell
john a. powell
No abstract provided.
The Colorblind Multiracial Dilemma: Racial Categories Reconsidered, John A. Powell
The Colorblind Multiracial Dilemma: Racial Categories Reconsidered, John A. Powell
john a. powell
No abstract provided.