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- Articles by Maurer Faculty (2)
- Georgetown Law Faculty Publications and Other Works (2)
- Alan E Garfield (1)
- Ann Killenbeck (1)
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- Law and Contemporary Problems (1)
- M. Katherine B. Darmer (1)
- Michigan Journal of Race and Law (1)
- Phoebe A. Haddon (1)
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- Roozbeh (Rudy) B. Baker (1)
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- University of Maryland Law Journal of Race, Religion, Gender and Class (1)
- William W Yu (1)
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Articles 1 - 16 of 16
Full-Text Articles in Law
Rethinking Colorblind State Action: A Thought Experiment On Racial Preferences, Michele Goodwin, Nevin Gewertz
Rethinking Colorblind State Action: A Thought Experiment On Racial Preferences, Michele Goodwin, Nevin Gewertz
Law and Contemporary Problems
No abstract provided.
Lost In The Numbers: The Underrepresentation Of Asian American Groups And The Case For Disaggregating “Asian” Data, William W. Yu
Lost In The Numbers: The Underrepresentation Of Asian American Groups And The Case For Disaggregating “Asian” Data, William W. Yu
William W Yu
While certain Asian ethnicities outperform Whites and other groups with respect to socioeconomic achievement, other Asian groups fail to reach the same levels of success. Despite this, the aggregate treatment of Asian Americans continues in affirmative action debates, especially in the educational context. As a result, the unique needs and issues of groups such as Southeast Asians are often ignored. The aggregate treatment is also used to justify the exclusion of Asian Americans from affirmative action policies because of a belief that Asian Americans as a whole are already adequately represented in schools, and thus no longer need affirmative action. …
Does Grutter Offer Courts An Opportunity To Consider Race In Jury Selection And Decisions Related To Promoting Fairness In The Deliberation Process?, Phoebe A. Haddon
Does Grutter Offer Courts An Opportunity To Consider Race In Jury Selection And Decisions Related To Promoting Fairness In The Deliberation Process?, Phoebe A. Haddon
Phoebe A. Haddon
This essay considers whether the two recent Supreme Court affirmative action cases, the Michigan law school and undergraduate cases, Grutter v. Bollinger and Gratz v. Bollinger, provide support for opening the process of jury selection and deliberation to more fully include people of color and other under-represented groups and their experiences. I shall argue that these recent affirmative action cases can provide some support for ensuring better representation of people of color in the jury selection process, challenging the pre-textual use of peremptories and opening opportunities to talk about race during trials. The Court's reasoning in Grutter that diversity is …
Should Race Matter When Rectifying Past Errors?, Alan E. Garfield
Should Race Matter When Rectifying Past Errors?, Alan E. Garfield
Alan E Garfield
No abstract provided.
A Proposed Transjudicial Approach To S. 15(2) Charter Adjudication, Vanita Goela
A Proposed Transjudicial Approach To S. 15(2) Charter Adjudication, Vanita Goela
Dalhousie Law Journal
Canada and India are both pluralistic democracies with diverse populations. Both countries have drafted constitutional provisions which enshrine equality rights and permit affirmative action. In India, various disadvantaged groups receive special protection from the Constitution of India, such as the Other Backward Classes (OBC). The Supreme Court of India has held that States and the Central government must identify the "creamy layer" within the OBC category so that reservations target members who are most in need. Otherwise, the OBC category is overinclusive. The creamy layer includes those who are socially and economically advanced and who no longer require the benefits …
Bakke, With Teeth?: The Implications Of Grutter V. Bollinger In An Outcomes-Based World, Ann Killenbeck
Bakke, With Teeth?: The Implications Of Grutter V. Bollinger In An Outcomes-Based World, Ann Killenbeck
School of Law Faculty Publications and Presentations
The article focuses on the issue concerning the debate on affirmative action and diversity rationale among colleges and universities in the U.S. It examines the diversity at the University of Michigan in the light of the two cases slated, Grutter v. Bollinger and Gratz v. Bollinger, concerning its admission policies. It also discusses the implications and consequences accompanied in adopting specific educational policies. Also, it highlights the value of social sciences that drive these issues.
Teaching 'Whren' To White Kids, M. Katherine B. Darmer
Teaching 'Whren' To White Kids, M. Katherine B. Darmer
M. Katherine B. Darmer
This paper was inspired by my experiences as a white criminal procedure professor teaching mostly-white classes and arises at the intersection of WHREN v. UNITED STATES and GRUTTER v. BOLLINGER. The article starts from the premise that criminal procedure remains highly racialized, with blacks experiencing the criminal justice system in significantly different ways than do whites. The article suggests that the lack of minority voices in the classroom poses a significant barrier to effectively teaching criminal procedure and critiques current approaches to criminal procedure pedagogy.
Balancing Competing Priorities: Affirmative Action In The United States And Canada, Roozbeh (Rudy) B. Baker
Balancing Competing Priorities: Affirmative Action In The United States And Canada, Roozbeh (Rudy) B. Baker
Roozbeh (Rudy) B. Baker
This Article shall present a detailed analysis of Equality Rights in the United States and Canada, and their relationship to race based government affirmative action programs as practiced in those two countries. At its most basic level, Equality Rights can be defined generally as the idea that a government must not discriminate against its citizens (i.e. treat some of them differently from others). Yet given this general definition of Equality Rights, how can one reconcile the concept with that of race based affirmative action programs? As this Article shall demonstrate, via its survey of the radically opposed American and Canadian …
The Courts Under President Obama, Scott A. Moss
Change In Racial And Ethnic Classifications Is Here: Proposal To Address Race And Ethnic Ancestry Of Blacks For Affirmative Action Admissions Purposes, Kevin D. Brown
Articles by Maurer Faculty
No abstract provided.
Now Is The Appropriate Time For Selective Higher Education Programs To Collect Racial And Ethnic Data On Its Black Applicants And Students, Kevin D. Brown
Now Is The Appropriate Time For Selective Higher Education Programs To Collect Racial And Ethnic Data On Its Black Applicants And Students, Kevin D. Brown
Articles by Maurer Faculty
American colleges and universities have traditionally lumped all of their black students into a unified “Black/African/African American" category. However, there is growing evidence that American higher education is witnessing a historic change in the racial and ethnic ancestry of Blacks who are the beneficiaries of affirmative action. Recent studies have pointed out that disproportionately large percentages of Blacks benefiting from affirmative action are foreign-born Black immigrants, their sons and/or daughters, and multiracials. In addition, the number and percentage of blacks approaching college age from these groups will increase substantially in the next five to ten years.
In light of this …
Antidiscrimination Law In The Workplace: Moving Beyond The Impasse, Dale Larson
Antidiscrimination Law In The Workplace: Moving Beyond The Impasse, Dale Larson
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Determining The (In)Determinable: Race In Brazil And The United States, D. Wendy Greene
Determining The (In)Determinable: Race In Brazil And The United States, D. Wendy Greene
Michigan Journal of Race and Law
In recent years, the Brazilian states of Rio de Janeiro, So Paulo, and Mato Grasso du Sol have implemented race-conscious affirmative action programs in higher education. These states established admissions quotas in public universities for Afro-Brazilians or afrodescendentes. As a result, determining who is "Black'' has become a complex yet important undertaking in Brazil. Scholars and the general public alike have claimed that the determination of Blackness in Brazil is different than in the United States; determining Blackness in the United States is allegedly a simpler task than in Brazil. In Brazil it is widely acknowledged that most Brazilians are …
Doctrinal Dilemma, Girardeau A. Spann
Doctrinal Dilemma, Girardeau A. Spann
Georgetown Law Faculty Publications and Other Works
In response to Kimberly West-Faulcon, The River Runs Dry: When Title VI Trumps State Anti–Affirmative Action Laws, 157 U. PA. L. REV. 1075 (2009).
Professor Kimberly West-Faulcon has identified a tension between state anti-affirmative action laws and the continued enrollment of minority students in public universities, and the author argues the tension is not surprising, because the voter initiatives that led to those state anti-affirmative action laws were transparently motivated by white majoritarian desires to reduce minority student enrollment in public universities. He feels what is surprising, however, is Professor West-Faulcon’s suggestion that state anti-affirmative action laws can themselves …
Celebrating Thurgood Marshall: The Prophetic Dissenter, Susan Low Bloch
Celebrating Thurgood Marshall: The Prophetic Dissenter, Susan Low Bloch
Georgetown Law Faculty Publications and Other Works
Thurgood Marshall was born 100 years ago into a country substantially divided along color lines. Marshall could not attend the University of Maryland School of Law because he was a Negro; he had trouble locating bathrooms that were not for “whites only.” Today, by contrast, we celebrate his life and accomplishments. Broadway has a play called Thurgood devoted to him; Baltimore/Washington International Airport is now BWI Thurgood Marshall Airport; even the University of Maryland renamed its law library in his honor. How did we come this far? How far do we still have to go? This article will consider what …
Bakke, With Teeth?: The Implications Of Grutter V. Bollinger In An Outcomes-Based World, Ann M. Killenbeck
Bakke, With Teeth?: The Implications Of Grutter V. Bollinger In An Outcomes-Based World, Ann M. Killenbeck
Ann Killenbeck