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Full-Text Articles in Law
The Diversity Rationale For Affirmative Action In Employment After Grutter: The Case For Containment, Jared M. Mellot
The Diversity Rationale For Affirmative Action In Employment After Grutter: The Case For Containment, Jared M. Mellot
William & Mary Law Review
No abstract provided.
The Contradiction Between Equal Protection's Meaning And Its Legal Substance: How Deliberate Indifference Can Cure It, Derek W. Black
The Contradiction Between Equal Protection's Meaning And Its Legal Substance: How Deliberate Indifference Can Cure It, Derek W. Black
William & Mary Bill of Rights Journal
This Article highlights the inherent ambiguities of racial antidiscrimination's core legal language: "equal protection under the law" and "discrimination based on race." It then analyzes how and why the Court has never answered fundamental questions regarding the meaning of these terms. Thus, this Article answers these fundamental questions itself by exploring the original intent behind the Equal Protection Clause. Against this backdrop, this Article reveals how the Court's standard for assessing discrimination claims, the intent doctrine, assumes a meaning for equal protection that is inconsistent with its original meaning. Rather than reflecting equal protection's meaning, the standard lacks any basis …
Equal Protection Misapplied: The Politics Of Gender And Legitimacy And The Denial Of Inheritance, Linda Kelly Hill
Equal Protection Misapplied: The Politics Of Gender And Legitimacy And The Denial Of Inheritance, Linda Kelly Hill
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Disability And Employment Discrimination At The Rehnquist Court, Anita Silvers, Michael E. Waterstone, Michael Ashley Stein
Disability And Employment Discrimination At The Rehnquist Court, Anita Silvers, Michael E. Waterstone, Michael Ashley Stein
Faculty Publications
No abstract provided.
Who’S In And Who’S Out? Can India’S Answer Help Us Determine Who Qualifies For Affirmative Action? , Sean A. Pager
Who’S In And Who’S Out? Can India’S Answer Help Us Determine Who Qualifies For Affirmative Action? , Sean A. Pager
ExpressO
Who should be the beneficiaries of racially targeted affirmative action? In its Croson decision, the Supreme Court answered part of the “Who Question” when it conditioned affirmative action eligibility on underrepresentation. What the Court did not tell us was underrepresentation of whom? The Court thus instructs us to select beneficiary groups by counting heads, but leaves open which heads get counted where and what categories to use.
By artificially separating what are necessarily related inquiries, the Court left a definitional lacuna that lower courts have struggled to fill. Such definitional issues matter because they often determine who benefits from affirmative …