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Articles 1 - 7 of 7
Full-Text Articles in Law
Citizen Police: Using The Qui Tam Provision Of The False Claims Act To Promote Racial And Economic Integration In Housing, Jan P. Mensz
Citizen Police: Using The Qui Tam Provision Of The False Claims Act To Promote Racial And Economic Integration In Housing, Jan P. Mensz
University of Michigan Journal of Law Reform
Economic and racial integration in housing remains elusive more than forty years after the passage of the Fair Housing Act. Recalcitrant municipal governments and exclusionary zoning ordinances have played a large role in maintaining and exacerbating segregated housing patterns. After discussing some of the persistent causes of segregated housing patterns, this Note presents a novel approach to enforcing the Fair Housing Act and the "affirmatively furthering fair housing" requirement on recipients of federal housing grants. This Note presents a citizen suit that emerged from the Southern District of New York in Anti-Discrimination Center v. Westchester County, where a private …
"The Prejudice Of Caste": The Misreading Of Justice Harlan And The Ascendency Of Anticlassificaiton, Scott Grinsell
"The Prejudice Of Caste": The Misreading Of Justice Harlan And The Ascendency Of Anticlassificaiton, Scott Grinsell
Michigan Journal of Race and Law
This Article reconsiders the familiar reading of Justice Harlan's dissent in Plessy v. Ferguson as standing for the principle of constitutional colorblindness by examining the significance of Harlan's use of the metaphor "caste" in the opinion. By overlooking Harlan's invocation of "caste," it argues that conservative proponents of anticlassification have reclaimed the opinion for "colorblindness," and buried a powerful statement of the antisubordination principle that is at the heart of our equality law. The Article begins by examining the emergence of a reading of the opinion as articulating a view of equality law based in anticlassification. The Article then returns …
Contingent Equal Protection: Reaching For Equality After Ricci And Pics, Jennifer S. Hendricks
Contingent Equal Protection: Reaching For Equality After Ricci And Pics, Jennifer S. Hendricks
Michigan Journal of Gender & Law
This Article uses the term contingent equal protection to describe the constitutional analysis that applies to a range of governmental efforts to ameliorate race and sex hierarchies. "Contingent" refers to the fact that the equal protection analysis is contingent upon the existence of structural, de facto inequality. Contingent equal protection cases include those that involve explicit race and sex classifications, facially neutral efforts to reduce inequality, and accommodation of sex differences to promote equality. Uniting all three kinds of cases under a single conceptual umbrella reveals the implications that developments in one area can have for the other two.
Book Review: What Comes Naturally: Miscegenation Law And The Making Of Race In America, Taunya L. Banks
Book Review: What Comes Naturally: Miscegenation Law And The Making Of Race In America, Taunya L. Banks
Faculty Scholarship
No abstract provided.
Diversity's Strange Career: Recovering The Racial Pluralism Of Lewis F. Powell, Jr., Anders Walker
Diversity's Strange Career: Recovering The Racial Pluralism Of Lewis F. Powell, Jr., Anders Walker
All Faculty Scholarship
Though diversity remains a compelling state interest, recent rulings like Ricci v. DeStefano and Parents’ Involved toll a menacing bell for schools employing racial classifications to admit minority students. Yet, defenders of diversity may find refuge in original meanings, particularly the original meaning of diversity as articulated by Justice Lewis F. Powell, Jr. in Regents v. Bakke in 1978. Virginian by birth, Powell’s interest in “genuine diversity” coincided with a forgotten version of pluralism extant in the American South during thefirst half of the Twentieth Century. Further, Powell’s conviction that diversity distinguished America coalesced during a trip to the Soviet …
Book Review: What Comes Naturally: Miscegenation Law And The Making Of Race In America, Taunya Banks
Book Review: What Comes Naturally: Miscegenation Law And The Making Of Race In America, Taunya Banks
Taunya Lovell Banks
No abstract provided.
Lucy V. Adams, Sage Encyclopedia Of African American Education, Armando G. Hernandez
Lucy V. Adams, Sage Encyclopedia Of African American Education, Armando G. Hernandez
Armando G. Hernandez
Each topic in this 2-volume encyclopedia is discussed as it relates to the education of African Americans. The entries provide a comprehensive overview of educational institutions at every level, from preschool through graduate and professional training, with special attention to historically and predominantly Black colleges and universities. The encyclopedia follows the struggle of African Americans to achieve equality in education—beginning among an enslaved population and evolving into the present—as the efforts of many remarkable individuals furthered this cause through court decisions and legislation.