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Articles 1 - 15 of 15
Full-Text Articles in Law
Public Opinion And The Demise Of Affirmative Action, Stephen A. Plass
Public Opinion And The Demise Of Affirmative Action, Stephen A. Plass
Georgia State University Law Review
No abstract provided.
Reflections On Racism And World Order, Winston P. Nagan
Reflections On Racism And World Order, Winston P. Nagan
UF Law Faculty Publications
This Article is about international racism. Racism is not simply a local or national phenomenon, it is an immense global problem. Indeed, its tentacles stretch from the local to the global and back to the local. Let us put the picture of international racism into perspective by tying it to the claims made to eradicate racism in economic relations. Apart from affirmative action, there are two other approaches: either to assert the notion that reparations is a way to ameliorate the worst manifestations of racism and provide for racial justice, or to join that with the notion that there is …
Some Effects Of Identity-Based Social Movements On Constitutional Law In The Twentieth Century, William N. Eskridge Jr.
Some Effects Of Identity-Based Social Movements On Constitutional Law In The Twentieth Century, William N. Eskridge Jr.
Michigan Law Review
What motivated big changes in constitutional law doctrine during the twentieth century? Rarely did important constitutional doctrine or theory change because of formal amendments to the document's text, and rarer still because scholars or judges "discovered" new information about the Constitution's original meaning. Precedent and common law reasoning were the mechanisms by which changes occurred rather than their driving force. My thesis is that most twentieth century changes in the constitutional protection of individual rights were driven by or in response to the great identity-based social movements ("IBSMs") of the twentieth century. Race, sex, and sexual orientation were markers of …
A Rational Basis For Affirmative Action: A Shaky But Classical Liberal Defense, Richard A. Epstein
A Rational Basis For Affirmative Action: A Shaky But Classical Liberal Defense, Richard A. Epstein
Michigan Law Review
I am honored to participate in a symposium on the occasion of the lOOth anniversary of one of America's preeminent law reviews. I am saddened, however, to write, at what should be a moment of celebration, with the knowledge that both the Law School and the College of Literature, Science and the Arts are enmeshed in extensive litigation over the critical and explosive issue of affirmative action. To find striking evidence of the deep split of learned judicial views on this issue, it is necessary to look no further than the sequence of opinions in Gratz v. Bollinger and Grutter …
A Call To Affirmative Action For Fiction’S Heroes Of Color, Or How Hawkeye, Huck, And Atticus Foil The Work Of Antiracism, Nancy L. Cook
A Call To Affirmative Action For Fiction’S Heroes Of Color, Or How Hawkeye, Huck, And Atticus Foil The Work Of Antiracism, Nancy L. Cook
Cornell Journal of Law and Public Policy
No abstract provided.
The Causation Fallacy: Bakke And The Basic Arithmetic Of Selective Admissions, Goodwin Liu
The Causation Fallacy: Bakke And The Basic Arithmetic Of Selective Admissions, Goodwin Liu
Michigan Law Review
Last Term, the Supreme Court turned down two invitations to resolve the constitutionality of affirmative action in college and university admissions. In May 2001, the Court for the second time declined to review a Fifth Circuit decision holding that the use of racial preferences to achieve diversity in the student body serves no compelling interest. A few weeks later, the Court let stand a conflicting Ninth Circuit decision that upheld a .law school affirmative action policy on the ground that "educational diversity is a compelling governmental interest that meets the demands of strict scrutiny." The legal controversy over admissions preferences …
The Diversity And Remedial Interests In University Admissions Programs, Kathryne Raines
The Diversity And Remedial Interests In University Admissions Programs, Kathryne Raines
Kentucky Law Journal
No abstract provided.
"I Will Not Sit Idly By While My Future Is Determined:" The Response Of The University Of Michigan Black Law Students' Alliance To Grutter V. Bollinger, Et Al., The Black Law Students' Alliance
"I Will Not Sit Idly By While My Future Is Determined:" The Response Of The University Of Michigan Black Law Students' Alliance To Grutter V. Bollinger, Et Al., The Black Law Students' Alliance
Michigan Journal of Gender & Law
Back in 1998, the Michigan Journal of Gender & Law expressed support for the University of Michigan Law School's defense of its affirmative action policy, which is at controversy in Grutter v. Bollinger. Today, as in 1998, "[W]e certainly do not believe the Law School admissions policy truly addresses the inequalities within our law school and the legal profession generally. Legal education is unfortunately not a bastion of diversity." Women and students of color struggle to be heard and seen, and to achieve equal representation in both the study and practice of law. "Without active efforts, we cannot create …
The Colored Man Standing By The Punch Bowl, Michael K. Jordan
The Colored Man Standing By The Punch Bowl, Michael K. Jordan
Faculty Scholarship
This essay will explore racial dissonance and how it affects our thinking about race relations and social policy in America. The first part of this essay will examine the concept of race. Though we often think of race as delineating real characteristics that exist objectively, race is actually a socially created abstraction. In addition, how this abstraction changes over time will also be explored. This is another way of saying that "colored people" has been replaced by the term "black people." The difference between the two terms raises important questions about social policy. Next, this article explores the connection among …
Observations On The Evolution Of Minorities In The Law: From Law School To Practice, Charles E. Cantú
Observations On The Evolution Of Minorities In The Law: From Law School To Practice, Charles E. Cantú
Faculty Articles
The St. Mary’s University School of Law has a rich history in promoting the representation of minorities in its faculty and student body. Moreover, its history in this area was a tradition long before the country found its social conscience, and before the American government, prodded by the civil rights movement, urged institutions of higher learning to engage in affirmative action. St. Mary’s and Hispanics led the way in this national movement. This year, as St. Mary’s University School of Law celebrates its seventy-fifth year, it is a perfect time to reflect upon the evolution of minorities in the Law …
An Essay On The Professional Responsibility Of Affirmative Action In Higher Education, Emily Calhoun
An Essay On The Professional Responsibility Of Affirmative Action In Higher Education, Emily Calhoun
Publications
No abstract provided.
Intergroup Rivalry, Anti-Competitive Conduct And Affirmative Action, Michelle Adams
Intergroup Rivalry, Anti-Competitive Conduct And Affirmative Action, Michelle Adams
Articles
Significant research in social science describes racial inequality as grounded in notions of group identity and group conflict. Sociologists and social psychologists who study discrimination and prejudice have moved away from theories that explain prejudice solely as a problem of individual perception, and toward theories that view individual cognitive processes as related to group membership. While present social science yields no consensus view, there is a striking emphasis in the current literature on group identity theories as "powerful determinants of behavior." These theories, which stress the importance of prejudice as a group-based phenomenon and focus on "social-structural theories of group …
Constitutional Law: Affirmative Action In The Public Sector: The Admissibility Of Post-Enactment Evidence Of Discrimination To Provide A Compelling Governmental Interest, Andrew C. Jayne
Oklahoma Law Review
No abstract provided.
Racial Disparities And The Political Function Of Property, Spencer A. Overton
Racial Disparities And The Political Function Of Property, Spencer A. Overton
GW Law Faculty Publications & Other Works
Race theorists have noted that racial discrimination has shaped the existing distribution of economic resources, and have used this observation to justify reparations, to defend affirmative action, and to call for other legal changes that would improve the socioeconomic status of people of color. This Article takes the theorists' observation further. Property has a political function. Racially discriminatory allocation rules not only impose economic and social harms upon people of color, but also impair the ability of these people to engage in political expression and participation through structures such as the privately financed campaign finance system.
But Some Are More Equal: Race, Exclusion, And Campaign Finance, Spencer A. Overton
But Some Are More Equal: Race, Exclusion, And Campaign Finance, Spencer A. Overton
GW Law Faculty Publications & Other Works
Proposed campaign finance reforms and critiques of current campaign finance jurisprudence are incomplete because campaign finance reformers overlook social and historical realities related to race. This Article uses race as an analytical factor to develop a more comprehensive understanding of campaign finance. Past state-sanctioned discrimination has contributed to current racial disparities in property. Under the current campaign finance system, these disparities in property shape the racial distribution of political influence no less than poll taxes, literacy tests, or at-large electoral districts. Further, seemingly neutral campaign finance doctrine threatens to lead to future racial disparities in the political distribution of societal …