Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Civil Rights and Discrimination (12)
- Constitutional Law (9)
- Education Law (6)
- Social and Behavioral Sciences (5)
- Sociology (5)
-
- Law and Race (4)
- Race and Ethnicity (4)
- Courts (3)
- Jurisprudence (3)
- Law and Gender (3)
- Inequality and Stratification (2)
- Labor and Employment Law (2)
- Law and Politics (2)
- Legislation (2)
- Arts and Humanities (1)
- Civil Procedure (1)
- Criminal Law (1)
- Criminal Procedure (1)
- Education Policy (1)
- Educational Sociology (1)
- Election Law (1)
- Fourteenth Amendment (1)
- Gender and Sexuality (1)
- Judges (1)
- Law and Society (1)
- Legal Education (1)
- Legal Ethics and Professional Responsibility (1)
- Legal Profession (1)
- Politics and Social Change (1)
- Institution
- Publication
-
- Pepperdine Law Review (3)
- Articles (2)
- Carmen G. Gonzalez (2)
- Georgetown Law Faculty Publications and Other Works (2)
- Alan E Garfield (1)
-
- All Faculty Scholarship (1)
- Articles by Maurer Faculty (1)
- Con Law Center Articles and Publications (1)
- Faculty Scholarship (1)
- Gautam Y Reddy (1)
- Hilary A Leewong (1)
- Law Student Publications (1)
- Margaret Y. K. Woo (1)
- Michigan Law Review First Impressions (1)
- Northwestern Journal of Law & Social Policy (1)
- University of Richmond Law Review (1)
- Publication Type
- File Type
Articles 1 - 21 of 21
Full-Text Articles in Law
Fisher's Fishing Expedition, Vinay Harpalani
Fisher's Fishing Expedition, Vinay Harpalani
All Faculty Scholarship
This Essay delves into the Supreme Court oral arguments in Fisher v. Texas, which occurred on October 10, 2012. It examines the exchanges between the advocates and Justices, focusing on the meaning of 'critical mass' and the quest for total race neutrality in UT admissions. It argues that both of these are futile endeavors and unnecessary to decide Fisher. The entire Fisher case is a fishing expedition - albeit one that might reel in race-conscious admissions.
The Inevitable Collision: Affirmative Action And The Constitution, Jennifer Moore
The Inevitable Collision: Affirmative Action And The Constitution, Jennifer Moore
Pepperdine Law Review
No abstract provided.
Justice As Right Relationship: A Philosophical And Theological Reflection On Affirmative Action, Robert John Araujo
Justice As Right Relationship: A Philosophical And Theological Reflection On Affirmative Action, Robert John Araujo
Pepperdine Law Review
No abstract provided.
Affirmative Action In Education Weighed Again, Alan E. Garfield
Affirmative Action In Education Weighed Again, Alan E. Garfield
Alan E Garfield
No abstract provided.
Presumed Incompetent: The Intersections Of Race And Class For Women In Academia, Carmen G. Gonzalez
Presumed Incompetent: The Intersections Of Race And Class For Women In Academia, Carmen G. Gonzalez
Carmen G. Gonzalez
Presumed Incompetent is a pathbreaking account of the intersecting roles of race, gender, and class in the working lives of women faculty of color. Through personal narratives and qualitative empirical studies, more than 40 authors expose the daunting challenges faced by academic women of color as they navigate the often hostile terrain of higher education, including hiring, promotion, tenure, and relations with students, colleagues, and administrators. The narratives are filled with wit, wisdom, and concrete recommendations, and provide a window into the struggles of professional women in a racially stratified but increasingly multicultural America. The downloadable document contains the Introduction …
The Haunting Of Abigail Fisher: Race, Affirmative Action, And The Ghosts Of Legal History, Hilary A. Leewong
The Haunting Of Abigail Fisher: Race, Affirmative Action, And The Ghosts Of Legal History, Hilary A. Leewong
Hilary A Leewong
What is race in 2012, and why does it matter?
At the end of the current term, the Supreme Court will decide Fisher v. University of Texas. In doing so, the Court revisits the role of affirmative action and the meaning of race much sooner than constitutional law scholars, and likely the average college applicant, expected it would.
The Court’s last definitive take on the subject was conveyed by Justice O’Connor in 2003’s Grutter v. Bollinger. Justice O’Connor’s opinion conveyed disappointment that race-based admissions in higher education was still necessary this long after Brown v. Board of Education, heralded the …
What Can The Brothers Malone Teach Us About Ficher V. University Of Texas?, Charlie Gerstein
What Can The Brothers Malone Teach Us About Ficher V. University Of Texas?, Charlie Gerstein
Michigan Law Review First Impressions
In 1975, the Brothers Malone took the entrance exam for the Boston Fire Department. At the time, the Department was under a court-ordered affirmative action plan: it divided its pool of test-takers into groups of black and white applicants and gave substantial preference to those in the former. The Brothers listed themselves as white and didn't make the cut. In 1977, the Brothers Malone again took the entrance exam for the Boston Fire department, this time listing themselves as black. The Brothers became firemen. Within a few years, someone at the Fire Department grew suspicious of the Malones. An investigation …
"If The Plaintiffs Are Right, Grutter Is Wrong": Why Fisher V. University Of Texas Presents An Opportunity For The Supreme Court To Overturn A Flawed Decision, Brooks H. Spears
"If The Plaintiffs Are Right, Grutter Is Wrong": Why Fisher V. University Of Texas Presents An Opportunity For The Supreme Court To Overturn A Flawed Decision, Brooks H. Spears
Law Student Publications
The constitutionality of affirmative action in America's public higher education institutions ("HEIs") gained prominence in the late 1970s with the Supreme Court's decision in Regents of the University of California v. Bakke. The Bakke decision was less than clear, but it provided the framework in which HEls formulated their admission policies regarding the use of race. Nevertheless, the law regarding affirmative action remained unsettled, and the circuits remained split.
"If The Plaintiffs Are Right, Grutter Is Wrong": Why Fisher V. University Of Texas Presents An Opportunity For The Supreme Court To Overturn A Flawed Decision, Brooks H. Spears
"If The Plaintiffs Are Right, Grutter Is Wrong": Why Fisher V. University Of Texas Presents An Opportunity For The Supreme Court To Overturn A Flawed Decision, Brooks H. Spears
University of Richmond Law Review
No abstract provided.
The Role Of The Hunter/Seattle Doctrine In Adjudicating Measures Against Affirmative Action, Gautam Y. Reddy
The Role Of The Hunter/Seattle Doctrine In Adjudicating Measures Against Affirmative Action, Gautam Y. Reddy
Gautam Y Reddy
In 1997, the Ninth Circuit upheld the constitutionality of Proposition 209, a ballot initiative that the citizens of California passed to ban affirmative action programs in the state. However, over a decade later in 2011, the Sixth Circuit reached the opposite conclusion regarding Proposal 2, a nearly identical ballot initiative passed by the voters of Michigan. At the core of this circuit split is the applicability of a rarely invoked Equal Protection test: the Hunter/Seattle Doctrine.
Controversy stems from the incongruity of this doctrine with the Rehnquist Court’s move towards a less deferential stance regarding affirmative action in key Equal …
Reaffirming Merit In Affirmative Action, Margaret Woo
Reaffirming Merit In Affirmative Action, Margaret Woo
Margaret Y. K. Woo
This article argues for reaffirming the merit in affirmative action. It emphasizes that affirmative action simply recognizes the obstacles faced by racial minorities and to weigh the merit in the process of overcoming such obstacles.
Applying Indices Post-Grutter To Monitor Progress Toward Attaining A Diverse Student Body, Roger W. Reinsch, Sonia Goltz, Hong Chen, Joel C. Tuoriniemi
Applying Indices Post-Grutter To Monitor Progress Toward Attaining A Diverse Student Body, Roger W. Reinsch, Sonia Goltz, Hong Chen, Joel C. Tuoriniemi
Northwestern Journal of Law & Social Policy
The Supreme Court decision in Grutter v. Bollinger provided more definitive guidance for institutions of higher education desiring to use racial preferences in an effort to achieve a diverse student body. This Article first examines Grutter and other relevant cases to set forth the parameters established by the Supreme Court concerning how university preferences, including but not limited to race, may be used in an admissions policy. This Article then provides a framework for creating and using diversity indices that can help institutions implement the guidelines found in these court decisions and monitor whether or not the goal of diversity …
Scrutinize This!: The Questionable Constitutionality Of Gender-Conscious Admissions Policies Utilized By Public Universities, Amy Hinkley
Pepperdine Law Review
No abstract provided.
Riding Into The Sunset In A "Post-Racial" World: Lessons In Equal Educational Opportunity And College Admissions Schemes In France And The United States, Kristen Barnes
Con Law Center Articles and Publications
The purpose of this paper is to evaluate and compare two strategies designed to promote ethno-racial inclusion that were initiated in France and the United States in the context of higher education. In particular, I examine the Priority Education Agreements Program or CEP, an innovative affirmative action program which was implemented in 2001 by the Sciences Po, one of France’s elite universities, in relation to the Texas Ten Percent Plan that was established in 1997 in the United States by the State of Texas.
Sections I and II of this paper will provide the historical and social contexts in which …
Affirmative Action In Higher Education Symposium: Comment, Lee C. Bollinger
Affirmative Action In Higher Education Symposium: Comment, Lee C. Bollinger
Faculty Scholarship
This issue – affirmative action in higher education – is an issue of enormous significance for the country. So I don't for a second treat this as just another conversation about an important legal question. I think this is one of those issues that define the country.
I'll tell you what I did as President of the University of Michigan, and in the course of that I'll try to explain the ways in which we formulated the cases that went to the Supreme Court and resulted in very important clarifications to the Fourteenth Amendment and affirmative action. Then I want …
The Paradox Of Political Power: Post-Racialism, Equal Protection, And Democracy, William M. Carter Jr.
The Paradox Of Political Power: Post-Racialism, Equal Protection, And Democracy, William M. Carter Jr.
Articles
Racial minorities have achieved unparalleled electoral success in recent years. Simultaneously, they have continued to rank at or near the bottom in terms of health, wealth, income, education, and the effects of the criminal justice system. Social conservatives, including those on the Supreme Court, have latched onto evidence of isolated electoral success as proof of “post-racialism,” while ignoring the evidence of continued disparities for the vast majority of people of color.
This Essay will examine the tension between the Court's conservatives' repeated calls for minorities to achieve their goals through the political process and the Supreme Court's increasingly restrictive "colorblind" …
Whatever, Girardeau A. Spann
Whatever, Girardeau A. Spann
Georgetown Law Faculty Publications and Other Works
The author cannot say that she disagrees with any of the analytical observations made by her co-contributors to this roundtable discussion of Fisher v. University of Texas at Austin. They all agree that the Supreme Court plans to use the case as an occasion to do something noteworthy to the constitutionality of affirmative action. And they all agree that the Court’s actions are likely to provide more comfort to opponents than to proponents of racial diversity. Their views diverge only with respect to doctrinal details about what the Court could or should do. But in translating the racial tensions …
Redefining The Black Face Of Affirmative Action: The Impact On Ascendant Black Women, Kevin D. Brown, Renee E. Turner
Redefining The Black Face Of Affirmative Action: The Impact On Ascendant Black Women, Kevin D. Brown, Renee E. Turner
Articles by Maurer Faculty
The racial and ethnic ancestries of blacks benefiting from affirmative action is changing, as foreign-born blacks and blacks with a non-black parent constitute disproportionately large percentages of blacks attending many selective higher education institutions. Coupled with the challenges arising from the educational achievement levels of black males during the past two decades, Brown and Turner examine the implication of these developments and the likelihood that they are creating further disadvantages for black women lawyers.
Fisher V. Grutter, Girardeau A. Spann
Fisher V. Grutter, Girardeau A. Spann
Georgetown Law Faculty Publications and Other Works
There is no reason for the Supreme Court to have granted certiorari in Fisher v. University of Texas at Austin. Unless, of course, the Court plans to overrule Grutter v. Bollinger—the case on which the Texas affirmative action plan at issue in Fisher was based. If that is its plan, the Court can invalidate the Texas program on some narrow ground that masks the magnitude of what it is doing. Or it can explicitly overrule Grutter—a case that no longer commands majority support on a Supreme Court whose politics of affirmative action has now been refashioned by …
On Overreaching, Or Why Rick Perry May Save The Voting Rights Act But Destroy Affirmative Action, Ellen D. Katz
On Overreaching, Or Why Rick Perry May Save The Voting Rights Act But Destroy Affirmative Action, Ellen D. Katz
Articles
The State of Texas is presently staking out two positions that are not typically pursued by a single litigant. On the one hand, Texas is seeking the invalidation of the Voting Rights Act, and, on the other, the State is now defending the validity of the expansive race-based affirmative action policy it uses at its flagship university. This Essay presses the claim that Texas has increased the chance it will lose in bothTexas v. Holder andFisher v. University of Texas because it has opted to stake out markedly extreme positions in each. I argue that Texas would be more likely …
Presumed Incompetent: The Intersections Of Race And Class For Women In Academia -- Introduction, Carmen G. Gonzalez, Angela P. Harris
Presumed Incompetent: The Intersections Of Race And Class For Women In Academia -- Introduction, Carmen G. Gonzalez, Angela P. Harris
Carmen G. Gonzalez
Presumed Incompetent is a pathbreaking account of the intersecting roles of race, gender, and class in the working lives of women faculty of color. Through personal narratives and qualitative empirical studies, more than 40 authors expose the daunting challenges faced by academic women of color as they navigate the often hostile terrain of higher education, including hiring, promotion, tenure, and relations with students, colleagues, and administrators. One of the topics addressed is the importance of forging supportive networks to transform the workplace and create a more hospitable environment for traditionally subordinated groups. The narratives are filled with wit, wisdom, and …