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Civil Rights and Discrimination

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The Glass Half Full: Envisioning The Future Of Race Preference Policies, Leslie Yalof Garfield Oct 2007

The Glass Half Full: Envisioning The Future Of Race Preference Policies, Leslie Yalof Garfield

Elisabeth Haub School of Law Faculty Publications

Justice Breyer's concern that the Court's June 2007 ruling in Parents Involved in Community Schools v. Seattle School District. No. 1 "is a decision the Court and nation will come to regret" is not well founded. Far from limiting the constitutionally permissible use of race in education from its present restriction to higher education, the case may allow governmental entities to consider race as a factor to achieve diversity in grades K-12. In Parents Involved, which the Court decided with its companion case, McFarland v. Jefferson County Public Schools four justices concluded that school boards may never consider race when …


Adding Colors To The Chameleon: Why The Supreme Court Should Adopt A New Compelling Governmental Interest Test For Race-Preference Student Assignment Plans, Leslie Yalof Garfield Apr 2007

Adding Colors To The Chameleon: Why The Supreme Court Should Adopt A New Compelling Governmental Interest Test For Race-Preference Student Assignment Plans, Leslie Yalof Garfield

Elisabeth Haub School of Law Faculty Publications

When the Supreme Court ordered the City of Birmingham to desegregate its schools in 1954, it failed to consider the long range implications of its mandate. School districts across the country responded to the Court’s order by adopting race-preference school assignment plans, created to designate the particular public elementary or secondary school a student should attend. Now that these plans have successfully achieved their goals of desegregating classrooms, the question has become whether the continuation of the very programs that helped achieve those goals remain legal? In other words, as Justice Ginsburg recently said in arguments before the Supreme Court, …


The Cost Of Good Intentions: Why The Supreme Court's Decision Upholding Affirmative Action Admission Programs Is Detrimental To The Cause, Leslie Yalof Garfield Jan 2006

The Cost Of Good Intentions: Why The Supreme Court's Decision Upholding Affirmative Action Admission Programs Is Detrimental To The Cause, Leslie Yalof Garfield

Elisabeth Haub School of Law Faculty Publications

This article provides an overview of the Federal Courts’ interpretation of equal protection challenges to affirmative action admission policies beginning with University of California v. Bakke through the recent Supreme Court decisions of Grutter v. Bollinger and Gratz v. Bollinger. The article then identifies and outlines the appropriate elements of a constitutionally sound affirmative action admission policy. Finally, the article concludes that the permissible policy is almost unattainable for schools other than small institutions.


Endless Journey: Integration And The Provision Of Equal Educational Opportunity In Denver's Public Schools: A Study Of Keyes V. School District No. 1, James J. Fishman Jan 1989

Endless Journey: Integration And The Provision Of Equal Educational Opportunity In Denver's Public Schools: A Study Of Keyes V. School District No. 1, James J. Fishman

Elisabeth Haub School of Law Faculty Publications

Denver was the first non-Southern City to undergo extensive litigation over the desegregation of its schools. In this context, it has become a mirror for the way America deals with its most pressing social problem: the integration of minorities into the educational, political and economic mainstream through equal educational opportunity. This study examines the difficulties of implementing a desegregation plan that would result in a unitary public school system and developing a plan that would provide an equal educational opportunity to the large hispano minority. We concentrate upon the implementation efforts after 1976 when Judge Richard Matsch was assigned to …