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Full-Text Articles in Law

The New Logic Of Affirmative Action, Charles W. Collier Dec 1995

The New Logic Of Affirmative Action, Charles W. Collier

Duke Law Journal

No abstract provided.


The New Logic Of Affirmative Action, Charles W. Collier Dec 1995

The New Logic Of Affirmative Action, Charles W. Collier

UF Law Faculty Publications

Is affirmative action inherently preferential, discriminatory, and thus inconsistent with the Constitution's guarantee of equal protection? This question is basic to the legal discussion of affirmative action, and yet it seems to me that it has not been adequately addressed, much less analyzed. Clearly, there is no shortage of individual abuses and misuses in the name of “affirmative action,” and these have been amply documented elsewhere. My primary concern is with what might be termed the “logic” of affirmative action.


Affirmative Action As A Women's Issue, Helen Norton Jan 1995

Affirmative Action As A Women's Issue, Helen Norton

Publications

No abstract provided.


A Tribute To Jacob D. Fuchsberg, Howard Glickstein Jan 1995

A Tribute To Jacob D. Fuchsberg, Howard Glickstein

Touro Law Review

No abstract provided.


Social Justice And The Myth Of Fairness: A Communal Defense Of Affirmative Action, Phillip J. Closius Jan 1995

Social Justice And The Myth Of Fairness: A Communal Defense Of Affirmative Action, Phillip J. Closius

All Faculty Scholarship

This Article shall examine the characteristics of the current analytical framework by first examining some harmful effects resulting from the prioritization of fairness: excessive generalization, formalism and superficiality, and materialism. The Article will then examine in detail the Supreme Court's resolution of modern affirmative action issues. The Court has generated confusion and discord by applying simplistic concepts to complex problems and by adhering to the primacy of fairness in a context in which all interested parties claim that fairness favors their result. Finally, this Article will critique the Court's inability to provide a consistent doctrinal basis for discussing affirmative action …


The Ordinary Business Operations Exception To The Shareholder Proposal Rule: A Return To Predictability, Kevin W. Waite Jan 1995

The Ordinary Business Operations Exception To The Shareholder Proposal Rule: A Return To Predictability, Kevin W. Waite

Fordham Law Review

No abstract provided.