Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Abolitionism (1)
- Bakke (1)
- Black Studies (1)
- Black space (1)
- Brown (1)
-
- Constitutional law (1)
- Constitutional theory (1)
- Criminal law (1)
- Desegregation (1)
- Flowers v. Mississippi (1)
- Gerken (1)
- Incarceration (1)
- Jim Crow (1)
- Legal history (1)
- Police (1)
- Prison-industrial complex (1)
- Punishment (1)
- Race (1)
- Reconstruction Amendments (1)
- SCOTUS (1)
- Schools (1)
- Second-order diversity (1)
- Slavery (1)
- Supreme Court of the United States (1)
Articles 1 - 2 of 2
Full-Text Articles in Constitutional Law
[Dis]Integration: Second-Order Diversity And Schools, Anders Walker
[Dis]Integration: Second-Order Diversity And Schools, Anders Walker
All Faculty Scholarship
This article challenges the prevailing definition of diversity in schools. Borrowing from legal theorist Heather Gerken, it argues that diversity is best understood not simply as a rationale for creating integrated spaces, but also [dis]integrated ones, places where minority students and faculty can occupy majority positions, and are able to exercise majority control. Such spaces serve legitimate pedagogical goals that are different from those associated with statistical integration, and therefore warrant consideration by courts tasked with reviewing the use of race in university admissions.
Foreword: Abolition Constitutionalism, Dorothy E. Roberts
Foreword: Abolition Constitutionalism, Dorothy E. Roberts
All Faculty Scholarship
In this Foreword, I make the case for an abolition constitutionalism that attends to the theorizing of prison abolitionists. In Part I, I provide a summary of prison abolition theory and highlight its foundational tenets that engage with the institution of slavery and its eradication. I discuss how abolition theorists view the current prison industrial complex as originating in, though distinct from, racialized chattel slavery and the racial capitalist regime that relied on and sustained it, and their movement as completing the “unfinished liberation” sought by slavery abolitionists in the past. Part II considers whether the U.S. Constitution is an …