Law Commons^™

The Paradox Of Political Power: Post-Racialism, Equal Protection, And Democracy, William M. Carter Jr.

Articles

Racial minorities have achieved unparalleled electoral success in recent years. Simultaneously, they have continued to rank at or near the bottom in terms of health, wealth, income, education, and the effects of the criminal justice system. Social conservatives, including those on the Supreme Court, have latched onto evidence of isolated electoral success as proof of “post-racialism,” while ignoring the evidence of continued disparities for the vast majority of people of color.

This Essay will examine the tension between the Court's conservatives' repeated calls for minorities to achieve their goals through the political process and the Supreme Court's increasingly restrictive "colorblind" …

Equal Protection And Disparate Impact: Round Three, Richard A. Primus

Articles

Prior inquiries into the relationship between equal protection and disparate impact have focused on whether equal protection entails a disparate impact standard and whether laws prohibiting disparate impacts can qualify as legislation enforcing equal rotection. In this Article, Professor Primus focuses on a third question: whether equal protection affirmatively forbids the use of statutory disparate impact standards. Like affirmative action, a statute restricting racially disparate impacts is a race-conscious mechanism designed to reallocate opportunities from some racial groups to others. Accordingly, the same individualist view of equal protection that has constrained the operation of affirmative action might also raise questions …

Democracy And Inclusion: The Role Of The Judge In A Pluralist Polity, Sylvia R. Lazos

Scholarly Works

The Supreme Court plays a critical role in resolving clashes between majority and minority interests and perspectives. The Equal Protection Clause, and at times the Due Process Clause, have become key vehicles for considering the most problematic intergroup conflicts that divide our society. Prior to this article, the Court heard cases dealing with affirmative action in government procurement programs, legislative districts designed to increase minority representation, state sponsored male-only military schooling, and a state constitutional amendment that would have proscribed antidiscrimination legislation protecting gay men and lesbians. While the Court declined to challenge California's anti-affirmative action referendum (Proposition 209) and …

Affirmative Action And Texas’ Ten Percent Solution: Improving Diversity And Quality, David Orentlicher

Scholarly Works

No abstract provided.

Proposition 209, Girardeau A. Spann

Georgetown Law Faculty Publications and Other Works

I have a proposition for you. It's called Proposition 209. All you have to do is stop discriminating in favor of women and racial minorities, and your perpetual problems of race and gender discrimination will finally disappear. If this Proposition sounds too good to be true ... well, you know how the saying goes. In law, as in life, the seductiveness of a proposition owes as much to its disregard of established norms as to its underlying content. Eliminate the affront to social convention, and a proposition promises about as much excitement as a routine liaison with one's spouse. But …

Equal Opportunity In Economic Downturn - Are Women And Minorities Sacrificing More Than Their Fair Share? Prepared Statements And Correspondence, Assembly Select Committee On Equal Opportunity

California Assembly

No abstract provided.

Equal Opportunity In Economic Downturn - Are Women And Minorities Sacrificing More Than Their Fair Share? Hearing, Assembly Select Committee On Equal Opportunity

California Assembly

No abstract provided.

Integrity And Circumspection: The Labor Law Vision Of Bernard D. Meltzer, Theodore J. St. Antoine

Articles

Bernard Meltzer has testified under oath that he "rarely take[s] absolute positions." The record bears him out. While his colleagues among labor law scholars often strain to demonstrate that the labor relations statutes and even the Constitution support their hearts' desires, the typical Meltzer stance is one of cool detachment, pragmatic assessment, and cautious, balanced judgment. The "itch to do good," Meltzer has remarked wryly, "is a doubtful basis for jurisdiction" -or, he would likely add, for any other legal conclusion. In this brief commentary I propose to examine the Meltzer approach to four broad areas of labor law: (1) …

Discrimination Bans Demonstrate Approaching Maturity Of Employment Law, Theodore J. St. Antoine

Articles

The pervasive message of this symposium sponsored by the Labor Relations Law Section, whether or not intended by the individual authors, is that American employment law is moving beyond adolescence and may be approaching maturity.

Legal Issues In Afformative Action - The University Of California, California State University And Colleges, And Community College Systems - Part 2, Assembly Committee On Fair Employment Practices, Assembly Committee On Judiciary

California Assembly

This complete document totals 1264 pages. The document has been divided into three parts for easier download.

Part 1 - pp. Title-416
Part 2 - pp. 417-853
Part 3 - pp.854-1258

Legal Issues In Afformative Action - The University Of California, California State University And Colleges, And Community College Systems - Part 3, Assembly Committee On Fair Employment Practices, Assembly Committee On Judiciary

California Assembly

This complete document totals 1264 pages. The document has been divided into three parts for easier download.

Part 1 - pp. Title-416
Part 2 - pp. 417-853
Part 3 - pp.854-1258

Legal Issues In Afformative Action - The University Of California, California State University And Colleges, And Community College Systems - Part I, Assembly Committee On Fair Employment Practices, Assembly Committee On Judiciary

California Assembly

This complete document totals 1264 pages. The document has been divided into three parts for easier download.

Part 1 - pp. Title-416
Part 2 - pp. 417-853
Part 3 - pp.854-1258

Legal Issues In Affirmative Action - Problems Affecting Women, Assembly Select Committee On Fair Employment Practices, Assembly Committee On Judiciary

California Assembly

Today, the Assembly Select Committee on Fair Employment Practices, and the Assembly Judiciary Committee are holding a joint interim hearing on legal issues on affirmative action problems affecting women. Our purpose today, is to examine some of the problems confronted by women in employment. We will examine the areas of recruitment, hiring, mobility, the grievance procedures, and the emerging issue of collective bargaining. The committees are also very interested in examining the issue of ethnic women, and the progress they have made in equalizing their representation in the labor force.

Transcript Of Hearing On Effectiveness Of Affirmative Action In The Public Sector, Assembly Select Committee On Fair Employment Practices

California Assembly

The subject of today's interim hearing is one of the most sensitive of public policy issues: affirmative action in public employment. This Committee will be examining the state of affairs of the state and local governments efforts relative to affirmative action and equal employment both in the areas of "hiring" and upward mobility. Additionally, the Committee will develop proposals to encourage and stimulate more effective affirmative action progr~s in the private and public sectors.

Affirmative Action: Hypocritical Euphemism Or Noble Mandate?, Theodore J. St. Antoine

Articles

Title VII of the Civil Rights Act of 1964 was adopted in an atmosphere of monumental naivete. Congress apparently believed that equal employment opportunity could be achieved simply by forbidding employers or unions to "discriminate" on the basis of "race, color, religion, sex, or national origin," and expressly disavowed any intention to require "preferential treatment." Perhaps animated by the Supreme Court's stirring desegregation decisions of the 1950's, the proponents of civil rights legislation made "color-blindness" the rallying cry of the hour. Today we know better. The dreary statistics, so familiar to anyone who works in this field, tell the story. …

Racial Preferences In Higher Education: Political Responsibility And The Judicial Role, Terrance Sandalow

Articles

Controversy continues unabated over the question left unresolved by DeFunis v. Odegaard: whether in its admissions process a state law school may accord preferential treatment to certain racial and ethnic minorities. In the pages of two journals published by the University of Chicago, Professors John Hart Ely and Richard Posner have established diametrically opposed positions in the debate. Their contributions are of special interest because each undertakes to answer the question within the framework of a theory concerning the proper distribution of authority between the judiciary and the other institutions of government. Neither position, in my judgment, adequately confronts the …