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Affirmative Action

Civil Rights and Discrimination

Institution
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Articles 1 - 30 of 39

Full-Text Articles in Law

Assessing Affirmative Action's Diversity Rationale, Kyle Rozema, Adam Chilton, Justin Driver, Jonathan S. Masur Jan 2022

Assessing Affirmative Action's Diversity Rationale, Kyle Rozema, Adam Chilton, Justin Driver, Jonathan S. Masur

Scholarship@WashULaw

Ever since Justice Lewis Powell’s opinion in Regents of the University of California v. Bakke made diversity in higher education a constitutionally acceptable rationale for affirmative action programs, the diversity rationale has received vehement criticism from across the ideological spectrum. Critics on the right argue that diversity efforts lead to “less meritorious” applicants being selected. Critics on the left charge that diversity is mere “subterfuge.” On the diversity rationale’s legitimacy, then, there is precious little diversity of thought. In particular, prominent scholars and jurists have cast doubt on the diversity rationale’s empirical foundations, claiming that it rests on an implausible …


Systematic Prevention Of A Serial Problem: Sexual Harassment And Bridging Core Concepts Of Bakke In The #Metoo Era, Nancy Chi Cantalupo, William C. Kidder Jan 2019

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.


Eroding Immigration Exceptionalism: Administrative Law In The Supreme Court's Immigration Jurisprudence, Kate Aschenbrenner Oct 2018

Eroding Immigration Exceptionalism: Administrative Law In The Supreme Court's Immigration Jurisprudence, Kate Aschenbrenner

Faculty Scholarship

No abstract provided.


Section 5: Race, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2015

Section 5: Race, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 3: Civil Rights, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2014

Section 3: Civil Rights, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Affirmative Action, Justice Kennedy, And The Virtues Of The Middle Ground, Allen K. Rostron Jan 2013

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 …


Good Faith And Narrow Tailoring In Fisher, Jennifer Mason Mcaward Jan 2013

Good Faith And Narrow Tailoring In Fisher, Jennifer Mason Mcaward

Journal Articles

This piece considers three issues relating to the Supreme Court’s upcoming decision in Fisher v. University of Texas: First, how should the Court perform the narrow tailoring inquiry? Is any deference due the University with respect to its choice of means by which it seeks to diversify its class? Second, how should the relatively modest impact of the university’s racial preference impact the Court’s assessment of narrow tailoring? Third, what is the constitutional relevance of Texas’s Top Ten Percent Program? Does the relative success of the program make it a workable race-neutral alternative that constitutionally precludes the school from adding …


The Social Reconstruction Of Race & Ethnicity Of The Nation's Law Students: A Request To The Aba, Aals, And Lsac For Changes In Reporting Requirements, Kevin D. Brown, Tom I. Romero Ii Jan 2011

The Social Reconstruction Of Race & Ethnicity Of The Nation's Law Students: A Request To The Aba, Aals, And Lsac For Changes In Reporting Requirements, Kevin D. Brown, Tom I. Romero Ii

Articles by Maurer Faculty

This article is extraordinarily timely as it responds directly to new rules formulated by the Department of Education (DOE) that require law schools to gather and report upon the racial and ethnic makeup of its student body. We argue that these new rules fail to be responsive to the dramatic changes in the meaning and utility of racial and ethnic categories. In turn, such changes threaten to negatively impact individuals from communities that are both underrepresented in the nation’s law schools and victims of the longest and most extreme histories of discrimination in the U.S. Accordingly, our article explores the …


The Associated Dangers Of "Brilliant Disguises," Color-Blind Constitutionalism, And Postracial Rhetoric, André Douglas Pond Cummings May 2010

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 …


Multiracial Identity And Affirmative Action, Nancy Leong Oct 2006

Multiracial Identity And Affirmative Action, Nancy Leong

Faculty Publications

No abstract provided.


Grutter At Work: A Title Vii Critique Of Constitutional Affirmative Action, Jessica Bulman-Pozen Jan 2006

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 …


Judicial Review And Nongeneralizable Cases, Neal Devins, Alan J. Meese Jan 2005

Judicial Review And Nongeneralizable Cases, Neal Devins, Alan J. Meese

Faculty Publications

No abstract provided.


The Future Of Affirmative Action, Wendy B. Scott Jan 2004

The Future Of Affirmative Action, Wendy B. Scott

Journal Articles

The author served as the moderator of a panel at the Symposium entitled Twenty-Five Years: The Future of Affirmative Action. In this Commentary, she reviews articles by Professors Kevin Brown, Leland Ware, and John Valery Mute appearing elsewhere in this Issue.


Court May Force Iu's Hand On Affirmative Action, Steve Hinnefeld Jan 2003

Court May Force Iu's Hand On Affirmative Action, Steve Hinnefeld

Lauren Robel (2002 Acting; 2003-2011)

No abstract provided.


Book Review Of Against Equality Of Opportunity, Michael Ashley Stein Jan 2003

Book Review Of Against Equality Of Opportunity, Michael Ashley Stein

Faculty Publications

No abstract provided.


Explaining Grutter V. Bollinger, Neal Devins Jan 2003

Explaining Grutter V. Bollinger, Neal Devins

Faculty Publications

No abstract provided.


Clarence Thomas: The First Ten Years Looking For Consistency, Mark Niles Jan 2002

Clarence Thomas: The First Ten Years Looking For Consistency, Mark Niles

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Section 1: Adarand Constructors V. Mineta, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2001

Section 1: Adarand Constructors V. Mineta, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Affirmative Actions, William W. Van Alstyne Oct 2000

Affirmative Actions, William W. Van Alstyne

Faculty Publications

Liberals and progressives have been slow to realize that their preferred vocabulary has been hijacked and that when they respond to once hallowed phrases they are responding to a ghost now animated by a new machme. The point is not a small one, for in any debate, especially one fought in the arena of public opinion, the battle is won not by knock-down arguments but by the party that succeeds in placing its own spin on the terms presiding over the discussion.


Fostering Equity And Diversity In The Nova Scotia Legal Profession, Douglas G. Ruck, Craig M. Garson, Robert G. Mackeigan, Carol A. Aylward, Innis Christie, Cora States, Candy Palmater, Douglas Keefe, Margaret Macdonald, Burnley A. (Rocky) Jones, Heidi Marshall, Heather Mcneill, Kelvin Gilpin, Judith Ferguson Aug 2000

Fostering Equity And Diversity In The Nova Scotia Legal Profession, Douglas G. Ruck, Craig M. Garson, Robert G. Mackeigan, Carol A. Aylward, Innis Christie, Cora States, Candy Palmater, Douglas Keefe, Margaret Macdonald, Burnley A. (Rocky) Jones, Heidi Marshall, Heather Mcneill, Kelvin Gilpin, Judith Ferguson

Innis Christie Collection

The Province of Nova Scotia has, for many years, attempted, through a variety of means, to address issues of diversity and affirmative action. However, despite the lessons of history there are still those who question the need for programs and policies that promote, encourage and enforce equality. Even though significant advances have been made on many fronts Nova Scotia continues to struggle with issues of inequality. As with many problems faced by society acknowledging the existence of the problem is the first step towards developing solutions.


Looking At Communities And Markets, Lan Cao Jan 1999

Looking At Communities And Markets, Lan Cao

Faculty Publications

No abstract provided.


Agency, Equality, And Antidiscrimination Law , Tracy E. Higgins, Laura A. Rosenbury Jan 1999

Agency, Equality, And Antidiscrimination Law , Tracy E. Higgins, Laura A. Rosenbury

Faculty Scholarship

The Supreme Court increasingly has interpreted the Equal Protection Clause as a mandate for the state to treat citizens as if they were equal-as a limitation on the state's ability to draw distinctions on the basis of characteristics such as race and, to a lesser extent, gender. In the context of race, the Court has struck down not only race-specific policies designed to harm the historically oppressed, but race conscious policies designed to foster racial equality. Although in theory the Court has left open the possibility that benign uses of race may be constitutional under some set of facts, in …


Reinventing Bakke, Alan J. Meese Jan 1998

Reinventing Bakke, Alan J. Meese

Faculty Publications

No abstract provided.


Section 2: Moot Court, Piscataway Township Board Of Education V. Taxman, Institute Of Bill Of Rights Law, William & Mary Law School Oct 1997

Section 2: Moot Court, Piscataway Township Board Of Education V. Taxman, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 3: The Court And Race Relations, Institute Of Bill Of Rights Law, William & Mary Law School Oct 1997

Section 3: The Court And Race Relations, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Affirmative Action, A Look At South Africa And The United States: A Question Of Pigmentation Or Leveling The Playing Field, Lundy Langston Jan 1997

Affirmative Action, A Look At South Africa And The United States: A Question Of Pigmentation Or Leveling The Playing Field, Lundy Langston

Journal Publications

Affirmative action is one of the most divisive issues in the United States today.' Proponents of affirmative action argue that the United States has not come far enough in leveling the playing field. They argue that affirmative action programs are needed as much today-if not more-than when the balancing policies initially took effect. Opponents of affirmative action argue that race-based decision-making is undemocratic and discriminates against the majoritarian members in United States society. As we prepare to exit the twentieth century, we are confronted with the need to resolve the affirmative action dilemma. Do we eliminate affirmative-action programs altogether and …


The Emerging Cronyism Defense And Affirmative Action: A Critical Perspective On The Distinction Between Colorblind And Race-Conscious Decision Making Under Title Vii, Ann C. Mcginley Jan 1997

The Emerging Cronyism Defense And Affirmative Action: A Critical Perspective On The Distinction Between Colorblind And Race-Conscious Decision Making Under Title Vii, Ann C. Mcginley

Scholarly Works

In Foster v. Dalton, the United States Supreme Court approved of the promotion of a less-qualified white male over a better-qualified black female under very suspicious circumstances; in Taxman v. Board of Education, the court invalidated the retention of an equally qualified black female over her white counterpart. The law justifies the disparate results in Foster and Taxman by invoking the principle of race and gender “neutrality” in the decision making process. Under this principle, the law generally prohibits employment determinations based consciously on a person's race or gender. An exception to the “neutrality principle” of Title VII is the …


Report On The Consultation With The Maritime School Of Social Work Community, Dianne Pothier Jan 1995

Report On The Consultation With The Maritime School Of Social Work Community, Dianne Pothier

Dianne Pothier Collection

In my assessment there is a genuine and strong commitment to affirmative action and anti-racism at the MSSW. But that in itself is only the beginning. Real cross cultural understanding is a major challenge, and needs to be constantly worked at. In the process, mistakes will be made on all sides. Allowances need to be made for that. The School looks at itself compared to other institutions; critics look at the School compared to an ideal world. Neither perspective holds the complete truth. The MSSW needs to continue to work at the effectiveness of its affirmative action program, defining that …


Section 2: Discrimination, Institute Of Bill Of Rights Law, William & Mary Law School Sep 1993

Section 2: Discrimination, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Group Versus Individuals, Neal Devins Apr 1992

Group Versus Individuals, Neal Devins

Faculty Publications

No abstract provided.