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Full-Text Articles in Law

Race And Sentencing Equality In Kentucky, Robert L. Hurley Dec 1979

Race And Sentencing Equality In Kentucky, Robert L. Hurley

Masters Theses & Specialist Projects

Disparity in sentencing felons based on racial considerations has long has been considered a problem for civil libertarians and scholars alike. Examining data gathered in Kentucky, this thesis addresses this issue through the application of recently developed methodological techniques. Utilizing an index of sentencing equality, this study shows that while differences do exist in black and white offender offense characteristics, these differences do not account for the variations in sentences rendered in cases of white as opposed to black felons. This exploratory research reviews and critiques previous research and provides evidence which should prove useful in resolving the problem of …


Clash In The Classroom, David L. Chambers Jul 1979

Clash In The Classroom, David L. Chambers

Reviews

David L. Chambers reviews two books covering Brown vs. Bakke in The Washington Post. Chambers discusses ‘The Bakke Case: Politics of Inequality’ by Joel Dreyfuss and Charles Lawrence III, and ‘From Brown to Bakke: The Supreme Court and School Integration’ by J. Harvie Wilkinson.


Beyond Bakke: The Constitution And Redressing The Social History Of Racism, Robert Allen Sedler Apr 1979

Beyond Bakke: The Constitution And Redressing The Social History Of Racism, Robert Allen Sedler

Law Faculty Research Publications

No abstract provided.


The Constitution And School Desegregation: The Nature Of The Substantive Right, Robert Allen Sedler Jan 1979

The Constitution And School Desegregation: The Nature Of The Substantive Right, Robert Allen Sedler

Law Faculty Research Publications

No abstract provided.


What Does Bakke Require Of Law Schools? The Salt Board Of Governors Statement, Howard Lesnick Jan 1979

What Does Bakke Require Of Law Schools? The Salt Board Of Governors Statement, Howard Lesnick

Statements

In 1979, Professor Lesnick wrote a statement for the Board of Governors of the Society of American Law Teachers after the Supreme Court's decision in University of California v. Bakke, 438 U.S. 265 (1978). The question addressed in the statement is: What changes (if any) in minority-admissions programs are university law schools now obligated to make to comply with the Supreme Court's decision in Bakke?


A Prison And A Prisoner: The Provincial's View, Emily Calhoun Jan 1979

A Prison And A Prisoner: The Provincial's View, Emily Calhoun

Publications

No abstract provided.


What Does Bakke Require Of Law Schools?, Howard Lesnick Jan 1979

What Does Bakke Require Of Law Schools?, Howard Lesnick

All Faculty Scholarship

No abstract provided.


The Desegregation Dilemma: A Vote For Voluntarism, Frank Goodman Jan 1979

The Desegregation Dilemma: A Vote For Voluntarism, Frank Goodman

All Faculty Scholarship

No abstract provided.


The Unresolved Problems Of Reverse Discrimination, Kent Greenawalt Jan 1979

The Unresolved Problems Of Reverse Discrimination, Kent Greenawalt

Faculty Scholarship

The current widespread use of remedial affirmative action programs makes the legitimacy of reverse discrimination a pragmatic social concern. That alone, however, would not explain the intense interest generated by Regents of the University of California v. Bakke. The question posed in the case compels our attention because it forces a choice between two values that occupy a high place in the liberal conception of justice and claim substantial support in the equal protection clause. On the one hand, justice requires that groups that have previously suffered gross discrimination be given truly equal opportunity in American life; on the other, …


Bakke As Precedent: Does Mr. Justice Powell Have A Theory, Vincent A. Blasi Jan 1979

Bakke As Precedent: Does Mr. Justice Powell Have A Theory, Vincent A. Blasi

Faculty Scholarship

What does it all mean? The Supreme Court's decision in Regents of the University of California v. Bakke invites assessment at many levels. Was it really a "Solomonic compromise" worthy of our constitutional tradition, as some prominent scholars have suggested? Or does the decision represent, as I believe it does, a disturbing failure by the Court to discharge its responsibility to give coherent, practical meaning to our most important constitutional ideals? Does the uncharacteristically opaque and simplistic opinion of Justice Stevens mask deep divisions and ambivalences among the four justices who subscribed to it? Can there be any validity to …