Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
A Historical Review Of Affirmative Action And The Interpretation Of Its Legislative Intent By The Supreme Court, Carl E. Brody Jr.
A Historical Review Of Affirmative Action And The Interpretation Of Its Legislative Intent By The Supreme Court, Carl E. Brody Jr.
Akron Law Review
In Part I, I will discuss the history of pre-affirmative action programs. This involves an analysis of the original intent of the Fourteenth Amendment, its related remedial legislation, as well as several of the New Deal Acts prohibiting employment discrimination. Part II will analyze the advent of affirmative action, from its inception with the 1957 and 1960 Civil Rights Acts, and trace its development through Executive Orders 12250 and 12259, which constitute the last major expansion in affirmative action doctrine. Part III will examine the period between 1978 and 1991, where the Supreme Court's attempts to find a consistent interpretation …
The Constitutional Politics Of Interpreting Section 5 Of The Fourteenth Amendment, Christopher P. Banks
The Constitutional Politics Of Interpreting Section 5 Of The Fourteenth Amendment, Christopher P. Banks
Akron Law Review
This essay analyzes the Rehnquist Court’s Section 5 cases by first, in Section I, establishing how the Supreme Court has historically assumed the task of interpreting Congress’ power to act under the Fourteenth Amendment. Two periods, Reconstruction and then the mid- 1960s, are examined because they present contrasting views about the scope of what the Fourteenth Amendment and its enforcement section means. Section II then surveys Section 5 cases from the Rehnquist Court in order to illustrate how its jurisprudence mirrors the antifederalist rhetoric established in the post-reconstruction era while, not surprisingly, departing from the principles set forth in the …
Congressional Enforcement Of Civil Rights And John Bingham's Theory Of Citizenship, Rebecca E. Zietlow
Congressional Enforcement Of Civil Rights And John Bingham's Theory Of Citizenship, Rebecca E. Zietlow
Akron Law Review
In the Twentieth Century, Congress’ power to enact civil rights legislation, and make it privately enforceable against states and private parties, became widely recognized as one of the most important functions of the federal government. Yet in recent years, the Supreme Court has greatly restricted this function with its rulings restricting Congress’ commerce power and its power to enforce the Equal Protection Clause under Section five of the Fourteenth Amendment. Cases such as United States v. Morrison, Board of Trustees of the University of Alabama v. Garrett and Kimel v. Florida Board of Regents have left Congress in a vacuum, …