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Civil Rights and Discrimination Commons

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Articles 1 - 11 of 11

Full-Text Articles in Civil Rights and Discrimination

Foreword: Never Again, Franklin D. Cleckley Apr 1996

Foreword: Never Again, Franklin D. Cleckley

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Reaffirming Affirmative Action We've Come A Long Way, But Not Far Enough, Cynthia R. Mabry Apr 1996

Reaffirming Affirmative Action We've Come A Long Way, But Not Far Enough, Cynthia R. Mabry

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Discrimination, Affirmative Action And Freedom: Sorting Out The Issues , Roger Pilon Feb 1996

Discrimination, Affirmative Action And Freedom: Sorting Out The Issues , Roger Pilon

American University Law Review

No abstract provided.


Affirmative (Re)Action: Anything But Race , Katheryn K. Russell Feb 1996

Affirmative (Re)Action: Anything But Race , Katheryn K. Russell

American University Law Review

No abstract provided.


Through The Looking Glass: Recent Developments In Affirmative Action, Kathleen Morris Jan 1996

Through The Looking Glass: Recent Developments In Affirmative Action, Kathleen Morris

Publications

The year 1995 saw three major developments that threaten the future of voluntary affirmative action programs in California and nationwide. On June 12, the U.S. Supreme Court in Adarand Constructors, Inc. v. Pena, held that voluntary federal affirmative action programs should be subject to the same "strict scrutiny" reserved for all other racial classifications. The following month, the Regents of the University of California voted to abolish the use of race and gender as factors in admissions and hiring in the University of California system. Finally, last year the so-called "California Civil Rights Initiative" ("CCRI") was presented to the …


An Evidentiary Framework For Diversity As A Compelling Interest In Higher Education, Kimberly J. Robinson Jan 1996

An Evidentiary Framework For Diversity As A Compelling Interest In Higher Education, Kimberly J. Robinson

Law Faculty Publications

This Note argues that if courts choose to reexamine evidence on the value of diversity in higher education, they should not apply the evidentiary requirements that the Supreme Court has applied to cases involving questions of past discrimination. Rather, courts should consider the unique nature of diversity in higher education and the protection afforded the academic context in which the evidence is considered and modify their review of the evidence presented accordingly. Furthermore, this Note argues that the interest of an institution of higher education16 in diversity is "compelling" in light of the evidence that a racially diverse student body …


Squaring Affirmative Action Admissions Policies With Federal Judicial Guidelines: A Model For The Twenty-First Century, Leslie Y. Garfield Jan 1996

Squaring Affirmative Action Admissions Policies With Federal Judicial Guidelines: A Model For The Twenty-First Century, Leslie Y. Garfield

Elisabeth Haub School of Law Faculty Publications

This article will highlight the legal limitations law schools confront when adopting diversity admission policies in light of the new judicial climate that disfavors considering non-traditional race criteria in the admission decision process. Part I highlights the difficulty law schools face when trying to admit a fully diverse class under the traditional application process. Part II discusses the judicial response to voluntary diversity admission policies and other race-based preference policies and defines the appropriate standard for court review. Part III proposes a model diversity admission policy. Part IV analyzes this model policy under the Court's strict scrutiny test.


Playing The "Gender" Card: Affirmative Action And Working Women, Mary K. O'Melveny Jan 1996

Playing The "Gender" Card: Affirmative Action And Working Women, Mary K. O'Melveny

Kentucky Law Journal

No abstract provided.


Silent Beneficiaries: Affirmative Action And Gender In Law School Academic Support Programs, Darlene C. Goring Jan 1996

Silent Beneficiaries: Affirmative Action And Gender In Law School Academic Support Programs, Darlene C. Goring

Kentucky Law Journal

No abstract provided.


The Evolution Of Race In The Law: The Supreme Court Moves From Approving Internment Of Japanese Americans To Disapproving Affirmative Ation For African Americans, Reggie Oh, Frank Wu Jan 1996

The Evolution Of Race In The Law: The Supreme Court Moves From Approving Internment Of Japanese Americans To Disapproving Affirmative Ation For African Americans, Reggie Oh, Frank Wu

Michigan Journal of Race and Law

As the Court suggests, the Korematsu precedent is crucial to the Adarand decision. In Adarand, the Court analyzes Korematsu in depth, acknowledging that its own judgment had been mistaken in the internment cases, instead of simply citing the decisions as it formally had done until the very recent past. The Court nevertheless fails to appreciate the differences between Korematsu and Adarand, and in particular the consequences of using "strict scrutiny" for all racial classifications. This essay explores the complex relation-ship between Korematsu and Adarand, and offers a critique of the reasoning used in both cases. The essay …


Hopwood: Was This The African-American Nightmare Or The African-American Dream?, Kevin D. Brown Jan 1996

Hopwood: Was This The African-American Nightmare Or The African-American Dream?, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.