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Full-Text Articles in Law and Race
States Taking Charge: Examining The Role Of Race, Party Affliation, And Preemption In The Development Of In-State Tuition Laws For Undocumented Immigrant Students , Stephen L. Nelson, Jennifer L. Robinson, Kara Hetrick Glaubitz
States Taking Charge: Examining The Role Of Race, Party Affliation, And Preemption In The Development Of In-State Tuition Laws For Undocumented Immigrant Students , Stephen L. Nelson, Jennifer L. Robinson, Kara Hetrick Glaubitz
Michigan Journal of Race and Law
Part I of this Article details both the legislative and legal history of undocumented immigrants’ access to education in the United States. Part II then describes the current U.S. state laws in effect regarding in-state tuition for undocumented immigrant students at state-funded colleges and universities. Part III further explores the development of laws and policies with a keen focus on potential correlations between (1) the racial composition of state legislatures and the passage of in-state tuition policies; (2) the race of governors and the passage of in-state tuition policies; (3) partisan composition of state legislatures and the passage of in-state …
Affirmative Action & Negative Action: How Jian Li's Case Can Benefit Asian Americans, Adrian Liu
Affirmative Action & Negative Action: How Jian Li's Case Can Benefit Asian Americans, Adrian Liu
Michigan Journal of Race and Law
In October 2006, Asian American student Jian D filed a civil rights complaint against Princeton University claiming that Princeton's affirmative action policies were discriminatory. Li argues that affirmative action gives preferences to non-Asian minorities at the expense of Asian students. Li's case aligns the interests of Asian Americans with Whites who challenge affirmative action and suggests that such policies are inherently discriminatory because they exclude students based on race and sacrifice merit. This Article argues that Li's exclusion is not due to affirmative action but is likely due to "negative action," the unfavorable treatment of Asian Americans relative to Whites. …
The Diversity Rationale: Unprovable, Uncompelling, Brian N. Lizotte
The Diversity Rationale: Unprovable, Uncompelling, Brian N. Lizotte
Michigan Journal of Race and Law
Student body diversity-and the purported educational benefits diversity bestows- is the final Supreme Court-endorsed justification for affirmative action by public universities. Are the benefits of diversity indeed "substantial," as the Grutter majority claimed? The author analyzes the social scientific research upon which the Court relied in articulating the diversity interest. By critiquing its theory and methodology, the author shows how the research fails to prove educational benefits; and by considering the logic underlying social science generally, he shows how the causal relationship is, technically, not provable. The author questions, then, how the diversity interest can possibly be compelling.
Foreword, Separate But Unequal: The Status Of America's Public Schools, James Foreman Jr.
Foreword, Separate But Unequal: The Status Of America's Public Schools, James Foreman Jr.
Michigan Journal of Race and Law
This Symposium, convened by the Michigan Journal of Race & Law, was designed to address many of the issues raised by Donny Gonzalez, a student at a Washington, D.C. high school, on the subject of poverty and race and its effects on school-aged youth. Bringing together a diverse group of speakers and attracting a broad cross-section of the university and Ann Arbor communities, the Separate but Unequal Symposium addressed a range of issues, including: the ongoing relevance of integration, the role of charter schools and other alternative programs, and promising strategies for achieving greater educational equality. A theme linking …
"I'M Usually The Only Black In My Class": The Human And Social Costs Of Within-School Segregation, Carla O'Connor
"I'M Usually The Only Black In My Class": The Human And Social Costs Of Within-School Segregation, Carla O'Connor
Michigan Journal of Race and Law
The work that has focused on within-school segregation has been most concerned with how this phenomenon limits the educational opportunities and might incur a psychological toll on the mass of Black students who find themselves relegated to lower-ability classrooms in integrated schools. This Article, however, allows us to begin to examine the other side of the coin. It reports on how within-school segregation practices create psychological, social, and educational pressures for those few Black students who have escaped enrollment in the least rigorous courses in their school. More precisely, the Article offers insight into how high achieving Black students in …
Separate But Unequal: The Status Of America's Public Schools, Michigan Journal Of Race & Law
Separate But Unequal: The Status Of America's Public Schools, Michigan Journal Of Race & Law
Michigan Journal of Race and Law
Transcript of the symposium, which took place at the University of Michigan Law School on Saturday, February 9, 2002 in Hutchins Hall.
Conscious Use Of Race As A Voluntary Means To Educational Ends In Elementary And Secondary Education: A Legal Argument Derived From Recent Judicial Decisions, Julie F. Mead
Michigan Journal of Race and Law
This paper provides an in-depth examination of the ten recent court decisions concerning race-based student selection processes. As these cases will illustrate, school districts face increasing demands to justify any race-conscious selection process. The significance of meeting the demands and the implications for what appears to be an evolving legal theory is national in scope and broad in application. Some have even argued that some of these cases mark a departure away from the Court's thinking in Brown v. the Board of Education. It should also be noted that each of the cases mentioned above occurred in the context …
The Children Left Behind: How Zero Tolerance Impacts Our Most Vulnerable Youth, Ruth Zweifler, Julia De Beers
The Children Left Behind: How Zero Tolerance Impacts Our Most Vulnerable Youth, Ruth Zweifler, Julia De Beers
Michigan Journal of Race and Law
The Michigan Journal of Race & Law Symposium, February 8th and 9th, 2002, at the University of Michigan examined the issue: Separate but Unequal: The Status of America's Public Schools. In the past, children of color were expressly denied an equal education on the basis of their race. Today's policies deny many children of color access to educational programs and supports, for reasons that are neutral on their face, with devastating consequences to the students, their families and their communities. The following article explores the concerns and experiences of a public service agency with the growing application of "Zero Tolerance" …