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Full-Text Articles in Law

Abortion And Affirmative Action: The Fragility Of Supreme Court Political Decision-Making, William E. Nelson Jan 2024

Abortion And Affirmative Action: The Fragility Of Supreme Court Political Decision-Making, William E. Nelson

Indiana Journal of Law and Social Equality

This Article shows, on the basis of new evidence, that the canonical case of Marbury v. Madison has been grossly misinterpreted and that as a result of the misinterpretation we cannot understand what is wrong with contemporary cases such as Dobbs v. Jackson Women’s Health Organization and Students for Fair Admissions, Inc. v. President and Fellows of Harvard College.

The Article will proceed as follows. Because Marbury cannot be properly understood without understanding the eighteenth-century background against which it was decided, Part I will examine legal practices in colonial and post-Revolutionary America, focusing on cases in which judicial review emerged …


Affirmative Action And Academic Freedom: Why The Supreme Court Should Continue Deferring To Faculty Judgments About The Value Of Educational Diversity, Steve Sanders Jun 2013

Affirmative Action And Academic Freedom: Why The Supreme Court Should Continue Deferring To Faculty Judgments About The Value Of Educational Diversity, Steve Sanders

Indiana Journal of Law and Social Equality

No abstract provided.


When Diversity For Diversity's Sake Is Not Enough: Should Black Immigrants Receive The Benefit Of Affirmative Action At The Detriment Of Native Blacks?, Cedric Gordon Jun 2013

When Diversity For Diversity's Sake Is Not Enough: Should Black Immigrants Receive The Benefit Of Affirmative Action At The Detriment Of Native Blacks?, Cedric Gordon

Indiana Journal of Law and Social Equality

No abstract provided.


On Disguises, Tokens, And Affirmative Action Policies, Mark Strasser Oct 2010

On Disguises, Tokens, And Affirmative Action Policies, Mark Strasser

Indiana Law Journal

No abstract provided.


Perspective And Point Of View On Affirmative Action, Kevin D. Brown Oct 2010

Perspective And Point Of View On Affirmative Action, Kevin D. Brown

Indiana Law Journal

No abstract provided.


Against Individualized Consideration, Cristina M. Rodriguez Oct 2008

Against Individualized Consideration, Cristina M. Rodriguez

Indiana Law Journal

Symposium: Latinos and Latinas at the Epicenter of Contemporary Legal Discourses. Indiana University School of Law-Bloomington, March 2007.


Protecting Race-Exclusive Scholarships From Extinction With An Alternative Compelling State Interest, Andrija Samardzich Jul 2006

Protecting Race-Exclusive Scholarships From Extinction With An Alternative Compelling State Interest, Andrija Samardzich

Indiana Law Journal

No abstract provided.


Percentage Plans: An Inadequate Substitute For Affirmative Action In Higher Education Admissions, Jennifer L. Shea Jan 2003

Percentage Plans: An Inadequate Substitute For Affirmative Action In Higher Education Admissions, Jennifer L. Shea

Indiana Law Journal

No abstract provided.


Affirmative Action In Employment: The Legacy Of A Supreme Court Majority, Joel L. Selig Apr 1988

Affirmative Action In Employment: The Legacy Of A Supreme Court Majority, Joel L. Selig

Indiana Law Journal

No abstract provided.


Affirmative Action: Quotas And Traditional University Standards With Particular Emphasis On The Role Of The Department Chairman, William D. Wheeler Oct 1973

Affirmative Action: Quotas And Traditional University Standards With Particular Emphasis On The Role Of The Department Chairman, William D. Wheeler

IUSTITIA

The higher educational institution is often an exclusive citadel. Students are selected after close scrutiny of past achievements. Teachers as merchants of ideas, virtues, and cosmic thoughts are invited to membership only after certain academic passports have been acquired. These eligibility criteria are established by the faculty who, presumably, are the only ones capable of assessing reasonable standards for those seeking admission. Colleges and universities are closed sub-communities. They practice discrimination while giving lip service to liberal thought, knowledge, and enlightenment. It comes, therefore, as little surprise to clear thinkers that the house of intellect leads the parade of culprits …