Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Race and law (3)
- Affirmative action (2)
- Congress (2)
- Discrimination (2)
- Grutter v. Bollinger (2)
-
- Race (2)
- United States Supreme Court (2)
- Adarand Constructors Inc. v. Pena (1)
- African Americans (1)
- Autonomy (1)
- Bollinger (Lee) (1)
- City of Boerne v. Flores (1)
- City of Richmond v. J.A. Croson Co. (1)
- Civil Rights Act of 1964 (1)
- Consequentialism (1)
- Constitutionality (1)
- Department of Justice (1)
- Disparate impact (1)
- Diversity (1)
- Documents (1)
- Enforcement (1)
- Enforcement powers (1)
- Equal Protection Clause (1)
- Equal protection (1)
- Equality (1)
- Fifteenth Amendment (1)
- Gratz v. Bollinger (1)
- Griggs v. Duke Power Co. (1)
- Group treatment (1)
- Grutter (Barbara) (1)
- Publication
Articles 1 - 4 of 4
Full-Text Articles in Law
Brief For Respondents, Grutter V. Bollinger, 539 Us 306 (2003) (No. 02-241)., Maureen E. Mahoney, Evan Caminker, Marvin Krislov, Jonathan Alger, Philip J. Kessler, Leonard M. Niehoff, J. Scott Ballenger, Nathaniel A. Vitan, John H. Pickering, John Payton, Brigida Benitez, Stuart Delery, Craig Goldblatt, Anne Harkavy, Terry A. Maroney
Brief For Respondents, Grutter V. Bollinger, 539 Us 306 (2003) (No. 02-241)., Maureen E. Mahoney, Evan Caminker, Marvin Krislov, Jonathan Alger, Philip J. Kessler, Leonard M. Niehoff, J. Scott Ballenger, Nathaniel A. Vitan, John H. Pickering, John Payton, Brigida Benitez, Stuart Delery, Craig Goldblatt, Anne Harkavy, Terry A. Maroney
Appellate Briefs
QUESTIONS PRESENTED
1. Whether this Court should reaffirm its decision in Regents of University of California v. Bakke, 438 U.S. 265 (1978) and hold that the educational benefits that flow from a diverse student body to an institution of higher education, its students, and the public it serves, are sufficiently compelling to permit the school to consider race and/or ethnicity as one of many factors in making admissions decisions through a "properly devised" admissions program.
2. Whether the Court of Appeals correctly held that the University of Michigan Law School's admissions program is properly devised.
Reinforcing Representation: Enforcing The Fourteenth And Fifteenth Amendments In The Rehnquist And Waite Courts, Ellen D. Katz
Reinforcing Representation: Enforcing The Fourteenth And Fifteenth Amendments In The Rehnquist And Waite Courts, Ellen D. Katz
Articles
A large body of academic scholarship accuses the Rehnquist Court of "undoing the Second Reconstruction," just as the Waite Court has long been blamed for facilitating the end of the First. This critique captures much of what is meant by those generally charging the Rehnquist Court with "conservative judicial activism." It posits that the present Court wants to dismantle decades' worth of federal antidiscrimination measures that are aimed at the "reconstruction" of public and private relationships at the local level. It sees the Waite Court as having similarly nullified the civil-rights initiatives enacted by Congress following the Civil War to …
Se Battre Our Ses Droits Écritures, Litiges Et Discrimination Raciale En Louisiane (1888-1899), Rebecca J. Scott
Se Battre Our Ses Droits Écritures, Litiges Et Discrimination Raciale En Louisiane (1888-1899), Rebecca J. Scott
Articles
Title in English: Fighting for public rights: writing, lawsuits and racial segregation in Louisiana (1888-1889).
This article explores the links between the fight against compulsory racial segregation and the day–to–day operation of the law in nineteenth century Louisiana. Using the figure of Louis A. Martinet, one of the organizers of the test case that yielded the U.S. Supreme Court decision Plessy v. Ferguson, the essay argues that Martinet’s role as notary reflects the central importance to the community of color of questions of public standing and written records. The article also identifies the concepts of "public rights" and "public liberties" …
Equal Protection And Disparate Impact: Round Three, Richard A. Primus
Equal Protection And Disparate Impact: Round Three, Richard A. Primus
Articles
Prior inquiries into the relationship between equal protection and disparate impact have focused on whether equal protection entails a disparate impact standard and whether laws prohibiting disparate impacts can qualify as legislation enforcing equal rotection. In this Article, Professor Primus focuses on a third question: whether equal protection affirmatively forbids the use of statutory disparate impact standards. Like affirmative action, a statute restricting racially disparate impacts is a race-conscious mechanism designed to reallocate opportunities from some racial groups to others. Accordingly, the same individualist view of equal protection that has constrained the operation of affirmative action might also raise questions …