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Articles 1 - 18 of 18
Full-Text Articles in Law and Race
How Much Diversity Can The Us Constitution Stand?, Tanya Washington
How Much Diversity Can The Us Constitution Stand?, Tanya Washington
Tanya Monique Washington
No abstract provided.
Gentrification And Urban Public School Reforms: The Interest Divergence Dilemma, Erika K. Wilson
Gentrification And Urban Public School Reforms: The Interest Divergence Dilemma, Erika K. Wilson
West Virginia Law Review
No abstract provided.
Socioeconomic Integration And The Greater Richmond School District: The Feasibility Of Interdistrict Consolidation, Barry Gabay
Socioeconomic Integration And The Greater Richmond School District: The Feasibility Of Interdistrict Consolidation, Barry Gabay
University of Richmond Law Review
No abstract provided.
Schooling The Police: Race, Disability, And The Conduct Of School Resource Officers, Amanda Merkwae
Schooling The Police: Race, Disability, And The Conduct Of School Resource Officers, Amanda Merkwae
Michigan Journal of Race and Law
On March 25, 2015, police officers effectuated a violent seizure of a citizen in Kenner, Louisiana: [T]he police grabbed her by the ankles and dragged her away [from the tree]. . . . [She was] lying face down on the ground, handcuffed with her face pressed so closely to the ground that she was having difficulty breathing due to the grass and dirt that was so close to her nose and mouth. An officer was kneeling on top of her, pinning her down with a knee squarely in [her] back. Several other officers, as well as several school administrators, stood …
Mainstreaming Equality In Federal Budgeting: Addressing Educational Inequities With Regard To The States, Elizabeth K. Hinson
Mainstreaming Equality In Federal Budgeting: Addressing Educational Inequities With Regard To The States, Elizabeth K. Hinson
Michigan Journal of Race and Law
Great Society reformers targeted poverty as the defining characteristic for a novel federal education policy in the United States in 1965. Title I of the Elementary and Secondary Education Act (ESEA), reincarnated within the No Child Left Behind Act of 2001, distributes financial aid to disadvantaged students within public schools solely based upon students’ socioeconomic status. This Article does not dispute that financial resources improve student outcomes, but this Article argues that Title I’s funding formula is ineffective, and a new funding scheme – specifically, a mainstreaming equality funding scheme – must replace it. The implementation of this funding scheme …
Denial Of Tax Exempt Status For Racially Discriminatory Schools, Bob Jones University V. U.S., Margaret K. Cassidy
Denial Of Tax Exempt Status For Racially Discriminatory Schools, Bob Jones University V. U.S., Margaret K. Cassidy
Akron Law Review
The extent to which the government may deny tax-exempt status in order to further its goal of eliminating racial discrimination is a question of paramount importance. The United States Supreme Court recently addressed this question in the case of Bob Jones University v. U.S., a consolidated action which involved a conflict between two established public policies: racial equality and religious freedom. The Court held that this nation's policy of racial equality overrides any interest that an educational and religious institution may have in promoting racial discrimination.
Keynote Remarks: Re-Tooling Law And Legal Education For Food System Reform: Food Law And Policy In Practice, Emily M. Broad Leib
Keynote Remarks: Re-Tooling Law And Legal Education For Food System Reform: Food Law And Policy In Practice, Emily M. Broad Leib
Seattle University Law Review
Thank you for the opportunity to be with you today and to take part in this symposium on the important role law schools and lawyers can play in changing our food system. Food preferences and food choices are incredibly personal, but the way we produce and consume food, and its impacts on our environment, public health, and the safety of ourselves and others, make it a pressing societal issue as well.
Faculty Insights On Educational Diversity, Meera E. Deo
Faculty Insights On Educational Diversity, Meera E. Deo
Fordham Law Review
Twice in the past two years, the U.S. Supreme Court has approved educational diversity as a compelling state interest that justifies the use of race in higher education admissions decisions. Nevertheless, it remains on somewhat shaky ground. Over the past decade, the Court has emphasized that its acceptance of diversity stems from the expectation that a diverse student body will enhance the classroom environment, with students drawing on their diverse backgrounds during classroom conversations that ultimately bring the law to life. Yet, the Court provides no support for its assumption that admitting and enrolling diverse students actually result in these …
Courtroom To Classroom: Judicial Policymaking And Affirmative Action, Dylan Britton Saul
Courtroom To Classroom: Judicial Policymaking And Affirmative Action, Dylan Britton Saul
Political Science Honors Projects
The judicial branch, by exercising judicial review, can replace public policies with ones of their own creation. To test the hypothesis that judicial policymaking is desirable only when courts possess high capacity and necessity, I propose an original model incorporating six variables: generalism, bi-polarity, minimalism, legitimization, structural impediments, and public support. Applying the model to a comparative case study of court-sanctioned affirmative action policies in higher education and K-12 public schools, I find that a lack of structural impediments and bi-polarity limits the desirability of judicial race-based remedies in education. Courts must restrain themselves when engaging in such policymaking.
Exhibits To Accompany Testimony & Statement Of Dean Hill Rivkin Before The Senate Judiciary Committee (21 April 2015), Dean H. Rivkin
Exhibits To Accompany Testimony & Statement Of Dean Hill Rivkin Before The Senate Judiciary Committee (21 April 2015), Dean H. Rivkin
College of Law Faculty Scholarship
Exhibits to accompany testimony and statement-of-record of Professor Dean Hill Rivkin (The University of Tennessee College of Law), as submitted on April 21, 2015, before a hearing convened by the U.S. Senate Committee on the Judiciary: “Improving Accountability and Oversight of Juvenile Justice Grants.”
Towards An Outcrit Pedagogy Of Anti-Subordination In The Classroom, Sheila I. Velez Martinez
Towards An Outcrit Pedagogy Of Anti-Subordination In The Classroom, Sheila I. Velez Martinez
Chicago-Kent Law Review
This Article discusses how traditional teaching practices can reinforce systemic discrimination, exclusion, subordination and oppression within the classroom in particular detriment to women and students of color. The Article traces the discussions about pedagogy in Outcrit literature and proposes that Outcrit scholars teaching techniques within the classroom should reflect anti-subordination praxis in teaching. Drawing from the work of Paulo Freire, Derrick Bell and others, the Article proposes that teaching from an anti-subordination perspective requires a praxis of collaborative, non-hierarchical teaching that calls for an epistemological shift. A pedagogy that frees the student to think independently and leads to an experience …
Grutter V. Bollinger/Gratz V. Bollinger: View From A Limestone Ledge, Gerald Torres
Grutter V. Bollinger/Gratz V. Bollinger: View From A Limestone Ledge, Gerald Torres
Gerald Torres
No abstract provided.
Grutter V. Bollinger/Gratz V. Bollinger: View From A Limestone Ledge, Gerald Torres
Grutter V. Bollinger/Gratz V. Bollinger: View From A Limestone Ledge, Gerald Torres
Gerald Torres
No abstract provided.
Fisher V. Texas: The Limits Of Exhaustion And The Future Of Race-Conscious University Admissions, John Powell, Stephen Menendian
Fisher V. Texas: The Limits Of Exhaustion And The Future Of Race-Conscious University Admissions, John Powell, Stephen Menendian
john a. powell
This Article investigates the potential ramifications of Fisher v. Texas and the future of race-conscious university admissions. Although one cannot predict the ultimate significance of the Fisher decision, its brief and pregnant statements of law portends an increasingly perilous course for traditional affirmative action programs. Part I explores the opinions filed in Fisher, with a particular emphasis on Justice Kennedy’s opinion on behalf of the Court. We focus on the ways in which the Fisher decision departs from precedent, proscribes new limits on the use of race in university admissions, and tightens requirements for narrow tailoring. Part II investigates the …
From Access To Success: Affirmative Action Outcomes In A Class-Based System, Matthew N. Gaertner, Melissa Hart
From Access To Success: Affirmative Action Outcomes In A Class-Based System, Matthew N. Gaertner, Melissa Hart
Publications
Scholarly discussion about affirmative action policy has been dominated in the past ten years by debates over "mismatch theory'"--the claim that race-conscious affirmative action harms those it is intended to help by placing students who receive preferences among academically superior peers in environments where they will be overmatched and unable to compete. Despite serious empirical and theoretical challenges to this claim in academic circles, mismatch has become widely accepted outside those circles, so much so that the theory played prominently in Justice Clarence Thomas's concurring opinion in Fisher v. University of Texas. This Article explores whether mismatch occurs in …
The Ironies Of Affirmative Action, Kermit Roosevelt Iii
The Ironies Of Affirmative Action, Kermit Roosevelt Iii
All Faculty Scholarship
The Supreme Court’s most recent confrontation with race-based affirmative action, Fisher v. University of Texas, did not live up to people’s expectations—or their fears. The Court did not explicitly change the current approach in any substantial way. It did, however, signal that it wants race-based affirmative action to be subject to real strict scrutiny, not the watered-down version featured in Grutter v. Bollinger. That is a significant signal, because under real strict scrutiny, almost all race-based affirmative action programs are likely unconstitutional. This is especially true given the conceptual framework the Court has created for such programs—the way …
The Mismatch Myth In U.S. Higher Education: A Synthesis Of The Empirical Evidence At The Law School And Undergraduate Levels, William C. Kidder, Richard O. Lempert
The Mismatch Myth In U.S. Higher Education: A Synthesis Of The Empirical Evidence At The Law School And Undergraduate Levels, William C. Kidder, Richard O. Lempert
Book Chapters
Opponents of affirmative action in higher education commonly cite two principles to justify their opposition. One is that admissions to institutions of higher education should be based on "merit," which is often treated by critics of affirmative action as consisting of little more than test score results and high school or undergraduate grades. The second is the legal and moral imperative of not making consequential decisions based on race. We shall not address these principles except to note that others have shown that they do not make the case against affirmative action (Carbado & Harris 2008, Shultz & Zedeck 2011, …
"Law Is Coercion": Revisiting Judicial Power To Provide Equality In Public Education, José F. Anderson
"Law Is Coercion": Revisiting Judicial Power To Provide Equality In Public Education, José F. Anderson
All Faculty Scholarship
This article is an attempt to start a conversation about where we find ourselves in the plight to help our most challenged public schools. It is not intended to be a comprehensive solution to the problem, but rather a hard look at how, after decades of many efforts, we are further away from the equal education contemplated by the United States Supreme Court's historic decision in Brown v. Board of Education. This article does not desire to simply cast blame for the failures of our children, but to send a reminder that, as Frederick Douglass would say, we can hardly …