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Articles 1 - 7 of 7
Full-Text Articles in Law
Diversity: The Red Herring Of Equal Protection, Sharon E. Rush
Diversity: The Red Herring Of Equal Protection, Sharon E. Rush
UF Law Faculty Publications
Couching the constitutional inquiry in cases like Bakke and VMI in the context of integration also puts in perspective the diversity justification. Affirmative action policies are constitutional because they integrate state programs. Integration on the basis of race and sex also diversifies state programs. In contrast, attempts to justify sex-segregation in state programs by arguing the policy promotes diversity is irrelevant to an equal protection analysis. Voluntarily created all-female schools should be constitutional because they promote the equal citizenship of women without damaging the equal citizenship stature of men. This is true for voluntarily race-segregated programs for minorities; as well. …
Race-Based Affirmative Action And International Law, Jordan J. Paust
Race-Based Affirmative Action And International Law, Jordan J. Paust
Michigan Journal of International Law
International law, which is part of the supreme law of the United States, provides significant affirmation of the legal propriety of race-based affirmative action. At least two human rights treaties ratified by the United States are particularly useful in identifying the acceptability of certain measures of affirmative action as well as the duty to take special and concrete measures of affirmative action in certain circumstances. Such a duty is not merely based in supreme federal law, relevant to decision-making at federal and state levels, but is also contained in federal policy relevant to the constitutional precept of federal preemption. Treaty-based …
An Analysis Of The Supreme Court's Reliance On Racial "Stigma" As A Constitutional Concept In Affirmative Action Cases, Andrew F. Halaby, Stephen R. Mcallister
An Analysis Of The Supreme Court's Reliance On Racial "Stigma" As A Constitutional Concept In Affirmative Action Cases, Andrew F. Halaby, Stephen R. Mcallister
Michigan Journal of Race and Law
The Article's focus is confined to discussions of race-based affirmative action; it does not consider stigmatization arguments in the context of discrimination involving gender or disabilities, for example. Further, the Article's scope is limited to the stigmatization issue as between Whites and African Americans. Although similar issues exist with respect to other ethnic or racial groups, we view the White/African American paradigm as providing the clearest framework for analysis. Moreover, the cases of Plessy v. Ferguson and Brown v. Board of Education, joint progenitors of stigmatization as a concept having constitutional significance in interpreting the Equal Protection Clause of …
Race-Conscious Diversity Admissions Programs: Furthering A Compelling Interest, Marty B. Lorenzo
Race-Conscious Diversity Admissions Programs: Furthering A Compelling Interest, Marty B. Lorenzo
Michigan Journal of Race and Law
This Article argues that narrowly tailored, race-conscious admissions programs can be employed to achieve a more diverse student body and consequently a more enlightened and egalitarian society. An admissions body which looks beyond traditional academic indicators and explores the whole person of each applicant will matriculate a group of students with a wide variety of race, gender, class and other backgrounds, thereby fostering a robust exchange of ideas among these students. Pointing to the enduring precedential value of Bakke as well as the ideological makeup of the Supreme Court, this Article asserts that the Courts would likely uphold a program …
Utilitarianism Left And Right: A Response To Professor Armour, Robert F. Nagel
Utilitarianism Left And Right: A Response To Professor Armour, Robert F. Nagel
Publications
No abstract provided.
Hopwood V. Texas: Strict In Theory Or Fatal In Fact, Leslie Yalof Garfield
Hopwood V. Texas: Strict In Theory Or Fatal In Fact, Leslie Yalof Garfield
Elisabeth Haub School of Law Faculty Publications
This article will examine the Hopwood decisions. Part II will review the factual and legal history behind the case. Part III will discuss the District, Circuit, and Supreme Court decisions. Finally, Part IV will critique these decisions and offer a view into the future for affirmative action admissions policies.
Affirmative Action California Style—Proposition 209: The Right Message While Avoiding A Fatal Constitutional Attraction Because Of Race And Sex, L. Darnell Weeden
Affirmative Action California Style—Proposition 209: The Right Message While Avoiding A Fatal Constitutional Attraction Because Of Race And Sex, L. Darnell Weeden
Seattle University Law Review
This Article will analyze the Equal Protection Clause in relation to the government's ability to classify and will discuss whether race is a prohibited classification. The author will closely critique the case of Coalition For Economic Equity v. Wilson, which challenges the constitutionality of Proposition 209 because of its political burdens on interests important to racial minorities and women. The author will argue that Proposition 209's Equal Protection standard should be illicit state action rather than political burdens. Finally, the author will critique the Wilson court's understanding of violations of the Equal Protection Clause. This understanding is rejected here …