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Bakke’S Lasting Legacy: Redefining The Landscape Of Equality And Liberty In Civil Rights Law, Rachel F. Moran
Bakke’S Lasting Legacy: Redefining The Landscape Of Equality And Liberty In Civil Rights Law, Rachel F. Moran
Faculty Scholarship
The fortieth anniversary of Regents of the University of California v. Bakke is worth commemorating simply because the decision has survived. The United States Supreme Court’s opinion upholding the use of race in admissions has had remarkable staying power, even as other programs of affirmative action, for example, in government contracting, have been struck down as unconstitutional. That longevity might seem surprising because Bakke set forth an exacting standard of strict scrutiny under equal protection law that renders all race-based classifications suspect, whether government officials are motivated by benign or invidious purposes. That standard is one that few programs can …
An Intersectional Critique Of Tiers Of Scrutiny: Beyond “Either/Or” Approaches To Equal Protection, Devon W. Carbado, Kimberlé W. Crenshaw
An Intersectional Critique Of Tiers Of Scrutiny: Beyond “Either/Or” Approaches To Equal Protection, Devon W. Carbado, Kimberlé W. Crenshaw
Faculty Scholarship
For the past forty years, Justice Powell’s concurring opinion in University of California v. Bakke has been at the center of scholarly debates about affirmative action. Notwithstanding the enormous attention Justice Powell’s concurrence has received, scholars have paid little attention to a passage in that opinion that expressly takes up the issue of gender. Drawing on the theory of intersectionality, this Essay explains several ways in which its reasoning is flawed. The Essay also shows how interrogating Justice Powell’s “single axis” race and gender analysis raises broader questions about tiers of scrutiny for Black women. Through a hypothetical of a …
Affirmative Action, David Oppenheimer, Angela Onwuachi-Willig, Nancy Leong
Affirmative Action, David Oppenheimer, Angela Onwuachi-Willig, Nancy Leong
Faculty Scholarship
There are consistent messages to people of color about their proper place in
society, which has always been a really important tool for maintaining and
advancing white supremacy. Referring back to what Professor Haney-Lopez
asserted earlier today, in today’s post-civil rights society, few people would
argue in favor of segregation in racial terms explicitly so. And few people would
assert that Blacks, for example, do not belong in certain places. However,
opponents of affirmative action have begun to articulate a form of these
arguments as an add-on to the mismatch theory. In the minds of these scholars,
affirmative action should …