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Full-Text Articles in Law
Appellate Courts Inside And Out, Maxwell L. Stearns
Appellate Courts Inside And Out, Maxwell L. Stearns
Faculty Scholarship
Commentary on "Inside Appellate Courts: The Impact of Court Organization on Judicial Decision Making in the United States Courts of Appeal" by Jonathan Matthew Cohen. Ann Arbor, University of Michigan Press, 2002.
The Colorblind Lottery, Pauline Kim
The Colorblind Lottery, Pauline Kim
Scholarship@WashULaw
Although the Supreme Court upheld Michigan Law School's admissions policies in Grutter, the multiple opinions in that case revealed the deep divisions that remain over the legitimacy of race-conscious policies and the meaning of equal protection. At the heart of this division lies disagreement over the concept of colorblindness. For Justices Scalia and Thomas, as well as the advocacy groups that backed the plaintiffs in Grutter and Gratz, colorblindness is an absolute imperative, prohibiting race-conscious decision-making in all but the most dire situations. This insistence on formal colorblindness has lead to the conclusion in several recent court cases that race-conscious …