Law Commons^™

The Constitutional Rhetoric Of White Innocence

Cecil J. Hunt II

This article discusses the Supreme Court’s use of the rhetoric of white innocence in deciding racially inflected claims of constitutional shelter. It argues that the Court’s use of this rhetoric reveals that it has adopted a distinctly white-centered-perspective which reveals only a one-sided view of racial reality and thus distorts its ability to accurately appreciate the true nature of racial reality in contemporary America. This article examines the Court’s habit of consistently choosing a white-centered-perspective in constitutional race cases by looking at the Court’s use of the rhetoric of white innocence first in the context of the Court’s concern with …

Grutter V. Bollinger/Gratz V. Bollinger: View From A Limestone Ledge, Gerald Torres

Gerald Torres

No abstract provided.

Fisher V. Texas: The Limits Of Exhaustion And The Future Of Race-Conscious University Admissions, John Powell, Stephen Menendian

john a. powell

This Article investigates the potential ramifications of Fisher v. Texas and the future of race-conscious university admissions. Although one cannot predict the ultimate significance of the Fisher decision, its brief and pregnant statements of law portends an increasingly perilous course for traditional affirmative action programs. Part I explores the opinions filed in Fisher, with a particular emphasis on Justice Kennedy’s opinion on behalf of the Court. We focus on the ways in which the Fisher decision departs from precedent, proscribes new limits on the use of race in university admissions, and tightens requirements for narrow tailoring. Part II investigates the …

Jennifer Mason Mcaward Was Quoted By Cnn On Michigan’S Ban On Affirmative Action Upheld By Supreme Court Ruling On April 22, Jennifer Mcaward

Jennifer Mason McAward

Jennifer Mason McAward was quoted by CNN on Michigan’s ban on affirmative action upheld by Supreme Court ruling on April 22. "With today's opinion, the court has placed responsibility for affirmative action squarely in the hands of the states. State universities can choose to adopt affirmative action admissions programs, and state voters can choose to discontinue them," said Jennifer Mason McAward, a law professor at the University of Notre Dame. "The fact that this relatively simple judgment generated five separate opinions by the justices, however, points to a much more nuanced and heated debate among the justices regarding the permissibility …

Jennifer Mason Mcaward Was Quoted By The Ap On Michigan’S Ban On Affirmative Action Upheld By Supreme Court Ruling On April 22, Jennifer Mcaward

Jennifer Mason McAward

Jennifer Mason McAward was quoted by the AP on Michigan’s ban on affirmative action upheld by Supreme Court ruling on April 22.

University of Notre Dame law professor Jennifer Mason McAward said the opinions by five justices point “to a much more nuanced and heated debate among the justices regarding the permissibility and wisdom of racial preferences in general.”

Justice As Right Relationship: A Philosophical And Theological Reflection On Affirmative Action, Robert Araujo

Robert J. Araujo S.J.

No abstract provided.

Thinking Critically About Equality: Government Can Make Us Equal, Robert L. Hayman, Nancy Levit

Robert L. Hayman

No abstract provided.

Civil Rights During The 1990'S: New Treaty Law Could Help Immensely, Connie De La Vega

Connie de la Vega

This article argues that ratification by the United States of two major international human rights treaties (the International Covenant on Civil and Political Rights (ICCPR) and the Convention on the Elimination of all Forms of Racial Discrimination (CERD)) should have an impact on civil rights issues in this country. It contends that although many of the rights enumerated in the treaties are similar to those provided for in state and federal constitutions and statutes, there are many areas where the treaty clauses are more protective of individuals' rights. It also asserts that even though the United States ratified both treaties …