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Full-Text Articles in Law and Race
Affirmative Action: Alive And Well After Stotts, Ralph J. Conrad
Affirmative Action: Alive And Well After Stotts, Ralph J. Conrad
Akron Law Review
This comment examines the current state of affirmative action in light of the special protection that the Supreme Court grants seniority systems. This comment also discusses the future of affirmative action and how the changes in affirmative action will affect collective bargaining agreements and consent decrees.
White Privilege And Affirmative Action, Sylvia A. Law
White Privilege And Affirmative Action, Sylvia A. Law
Akron Law Review
Since 1996, many authoritative voices challenge the legitimacy of affirmative efforts to achieve racial integration. The Supreme Court has struck down many affirmative action programs. The Court has not upheld any affirmative action program since 1989, when, by a 5-4 decision, it approved a narrowly targeted Congressional program to encourage minority ownership of broadcast licences. In 1996, California voters approved Proposition 209, broadly prohibiting any form of affirmative action on the basis of race or gender. In the same year, in the Hopwood decision, the Fifth Circuit held that the University of Texas could not give any consideration to race …
Affirmative Action For The Master Class: The Creation Of The Proslavery Constitution, Paul Finkelman
Affirmative Action For The Master Class: The Creation Of The Proslavery Constitution, Paul Finkelman
Akron Law Review
The Constitution of 1787 was a proslavery document, designed to prevent any national assault on slavery, while at the same time structured to protect the interests of slaveowners at the expense of African Americans and their antislavery white allies. To understand this earliest form of affirmative action, I begin with a view of the Constitution first articulated by the great abolitionist William Lloyd Garrison, and then turn to an examination of the Convention that wrote the Constitution and the document that convention produced.
Private Problem, Public Solution: Affirmative Action In The 21st Century, Darlene C. Goring
Private Problem, Public Solution: Affirmative Action In The 21st Century, Darlene C. Goring
Akron Law Review
This Article will explore the origins of the Court’s color-blind interpretation of the Fourteenth Amendment, and the role that this interpretation plays in the development of new barriers against challenges to race-based affirmative action programs. Part II of this Article traces the development and application of the strict scrutiny test to evaluate the constitutionality of both invidious and benign racial classifications. Part III examines Justice Powell’s position that racial classifications used as remedial measures may overcome the presumption of constitutional invalidity associated with the use of race-based classifications. In this context, the Court recognizes that the continued impact of past …