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Full-Text Articles in Law
Systematic Prevention Of A Serial Problem: Sexual Harassment And Bridging Core Concepts Of Bakke In The #Metoo Era, Nancy Chi Cantalupo, William C. Kidder
Systematic Prevention Of A Serial Problem: Sexual Harassment And Bridging Core Concepts Of Bakke In The #Metoo Era, Nancy Chi Cantalupo, William C. Kidder
Law Faculty Research Publications
No abstract provided.
Barriers To Higher Education: Underrepresented Minorities' Access To Uci, Kimberly Dennin
Barriers To Higher Education: Underrepresented Minorities' Access To Uci, Kimberly Dennin
Pell Scholars and Senior Theses
Ever since the removal of Affirmative Action in California from Proposition 209, the UC system has struggled with increasing the enrollment numbers of underrepresented minorities on their campuses. In response to this, many of the UC schools are adopting different policies to help counteract the negative effects of Proposition 209. This paper examines the effects of Proposition 209 on the underrepresented minority population in the UC system, specifically focusing on the University of California, Irvine (UCI). The areas of focus for addressing the issues of Proposition 209 at UCI are outreach programs, admissions policies, and recruitment programs. This paper examines …
Section 5: Race, Institute Of Bill Of Rights Law, William & Mary Law School
Section 5: Race, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Courtroom To Classroom: Judicial Policymaking And Affirmative Action, Dylan Britton Saul
Courtroom To Classroom: Judicial Policymaking And Affirmative Action, Dylan Britton Saul
Political Science Honors Projects
The judicial branch, by exercising judicial review, can replace public policies with ones of their own creation. To test the hypothesis that judicial policymaking is desirable only when courts possess high capacity and necessity, I propose an original model incorporating six variables: generalism, bi-polarity, minimalism, legitimization, structural impediments, and public support. Applying the model to a comparative case study of court-sanctioned affirmative action policies in higher education and K-12 public schools, I find that a lack of structural impediments and bi-polarity limits the desirability of judicial race-based remedies in education. Courts must restrain themselves when engaging in such policymaking.
Affirmative Action, Justice Kennedy, And The Virtues Of The Middle Ground, Allen K. Rostron
Affirmative Action, Justice Kennedy, And The Virtues Of The Middle Ground, Allen K. Rostron
Faculty Works
When the Supreme Court hears arguments this fall about the constitutionality of affirmative action policies at the University of Texas, attention will be focused once again on Justice Anthony Kennedy. With the rest of the Court split between a bloc of four reliably liberal jurists and an equally solid cadre of four conservatives, the spotlight regularly falls on Kennedy, the swing voter that each side in every closely divided and ideologically charged case desperately hopes to attract. Critics condemn Kennedy for having an unprincipled, capricious, and self-aggrandizing style of decision-making. Though he is often decisive in the sense of casting …
Should Black Immigrants Be Favored Over Black Hispanics And Black Multiracials In The Admissions Processes Of Selective Higher Education Programs?, Kevin D. Brown
Articles by Maurer Faculty
Since the origin of affirmative action, selective higher education institutions' have generally lumped all blacks into a unified Black/ African/African American category. However, this practice of treating all blacks alike has now changed. The Department of Education ("DOE") issued the Final Guidance on Maintaining, Collecting, and Reporting Racial and Ethnic Data to the United States Department of Education ("Guidance") in October 2007, which had a final implementation date for the reporting school year of 2010-2011. The Guidance marked the first time that the federal government dictated the procedures that educational institutions, including selective higher education programs, must follow when collecting …
The Associated Dangers Of "Brilliant Disguises," Color-Blind Constitutionalism, And Postracial Rhetoric, André Douglas Pond Cummings
The Associated Dangers Of "Brilliant Disguises," Color-Blind Constitutionalism, And Postracial Rhetoric, André Douglas Pond Cummings
Faculty Scholarship
Affirmative action, since its inception in 1961, has been under siege. The backlash against affirmative action began in earnest almost immediately following its origination through President John F. Kennedy’s and President Lyndon B. Johnson’s Executive Orders. Organized hostility in opposition to affirmative action crystallized early with “color-blind” theories posited and adopted, “reverse discrimination” alleged and embraced, and constitutional narrowing through adoption of white-privileged justifications. Enmity against affirmative action continues unabated today as exemplified by recent academic writings and studies purporting to prove that affirmative action positively injures African Americans and recent state-wide campaigns seeking to eradicate affirmative action through state …
Grutter At Work: A Title Vii Critique Of Constitutional Affirmative Action, Jessica Bulman-Pozen
Grutter At Work: A Title Vii Critique Of Constitutional Affirmative Action, Jessica Bulman-Pozen
Faculty Scholarship
This Note argues that Title VII doctrine both illuminates internal contradictions of Grutter v. Bollinger and provides a framework for reading the opinion. Grutter's diversity rationale is a broad endorsement of integration that hinges on the quantitative concept of critical mass, but the opinion's narrow-tailoring discussion instead points to a model of racial difference that champions subjective decisionmaking and threatens to jettison numerical accountability. Title VII doctrine supports a reading of Grutter that privileges a view of diversity as integration and therefore cautions against the opinion's conception of narrow tailoring. Grutter, in turn, can productively inform employment discrimination law. The …
Philadelphia Plan, Neal Devins