Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- Affirmative action (3)
- Caste (2)
- Equal Protection Clause (2)
- India (2)
- Abbott v. Burke (1)
-
- African American (1)
- Anticaste (1)
- Anticaste principle (1)
- Brown v. Board of Education (1)
- Civil Rights Act of 1866 (1)
- Class (1)
- Classism (1)
- College admission (1)
- Constitutionalism (1)
- Egalitarian revolution (1)
- Empiricism (1)
- Equality principle (1)
- Expenditure (1)
- Federalism (1)
- Funding (1)
- Integration (1)
- Jim Crow (1)
- LSAT (1)
- Labor regulation (1)
- Law school (1)
- Liberal constitutional theory (1)
- Liberal democracy (1)
- Miliken v. Bradley (1)
- Minorities (1)
- Minority (1)
Articles 1 - 5 of 5
Full-Text Articles in Law and Race
The Influence Of Race In School Finance Reform, James E. Ryan
The Influence Of Race In School Finance Reform, James E. Ryan
Michigan Law Review
It would be an exaggeration to say that school finance reform is all about race, but largely in the same way that it is an exaggeration to say that welfare reform is all about race. Like welfare reform, the controversy generated by school finance litigation and reform has, on the surface, little to do with race. Battles over school funding, which have been waged in nearly forty state supreme courts and at least as many state legislatures, instead appear to be over such issues as the redistribution of resources, retaining local control over education, and the efficacy of increased expenditures. …
Response To Review By Terrance Sandalow, William G. Bowen, Derek Bok
Response To Review By Terrance Sandalow, William G. Bowen, Derek Bok
Michigan Law Review
Mark Twain tried to convey the size and complexity of the Mississippi by explaining to his readers that the river draws its water from every state between Delaware and Idaho, discharges 338 times as much water as the Thames, and is fed by 54 subordinate rivers each of which was large enough for steamboat travel.
Race, Class, Caste…? Rethinking Affirmative Action, Clark D. Cunningham, N.R. Madhava Menon
Race, Class, Caste…? Rethinking Affirmative Action, Clark D. Cunningham, N.R. Madhava Menon
Michigan Law Review
Many who oppose affirmative action programs in the United States because they use "racial" categories such as black, African American, or Latino, claim that equally effective and more equitable programs can be developed using only class categories, such as "low income." A key test case for the "race v. class" debate is admission to law schools, made urgent by recent legal prohibitions on the use of "race" in the admission procedures to state universities in California, Washington, and Texas. An empirical study by Linda Wightman, the former director of research for the Law School Admissions Council (LSAC), has shown that …
Affirmative Action, Caste, And Cultural Comparisons, Cass R. Sunstein
Affirmative Action, Caste, And Cultural Comparisons, Cass R. Sunstein
Michigan Law Review
What is permitted, and what is prohibited, by the equality principle of a liberal democracy? Does affirmative action run afoul of that principle? And where should we look to answer these questions? Many critics of affirmative action take it as axiomatic that affirmative action violates the equality principle. But this is far from clear. Every law classifies. The current law of equality itself classifies by, for example, treating discrimination on the basis of race differently from discrimination on the basis of age. No one thinks that the law of equality is, for this reason, inconsistent with the Equal Protection Clause. …
Caste, Class, And Equal Citizenship, William E. Forbath
Caste, Class, And Equal Citizenship, William E. Forbath
Michigan Law Review
There is a familiar egalitarian constitutional tradition and another we have largely forgotten. The familiar one springs from Brown v. Board of Education; its roots lie in the Reconstruction era. Court-centered and countermajoritarian, it takes aim at caste and racial subordination. The forgotten one also originated with Reconstruction, but it was a majoritarian tradition, addressing its arguments to lawmakers and citizens, not to courts. Aimed against harsh class inequalities, it centered on decent work and livelihoods, social provision, and a measure of economic independence and democracy. Borrowing a phrase from its Progressive Era proponents, I will call it the social …