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Articles 1 - 11 of 11
Full-Text Articles in Law
Can Courts Repair The Crumbling Foundation Of Good Citizenship? An Examination Of Potential Legal Challenges To Social Studies Cutbacks In Public Schools, Eli Savit
Michigan Law Review
In the wake of No Child Left Behind, many public schools have cut or eliminated social studies instruction to allot more time for math and literacy. Given courts' repeated celebration of education as the "foundation of good citizenship," this Note examines potential legal claims and litigation strategies that could be used to compel social studies instruction in public schools. This Note contends that the federal judiciary's civic conception of education leaves the door slightly ajar for a Fourteenth Amendment chrallenge on behalf of social studies-deprived students, but the Supreme Court's refusal in San Antonio v. Rodriguez to recognize education as …
Post-Admissions Educational Programming In A Post-Grutter World: A Response To Professor Brown, Evan H. Caminker
Post-Admissions Educational Programming In A Post-Grutter World: A Response To Professor Brown, Evan H. Caminker
Articles
When asked to provide commentary on another scholar's reflections on Grutterl and Gratz and affirmative action, I am usually struck by two fears. First, because so much ink has been spilled on this topic, I worry the main presenter will have nothing new and interesting to say. Today this worry has been put to rest; I am so pleased that Professor Dorothy Brown offers a number of novel and intriguing observations and, in the end, advances a novel and intriguing proposal about the role Critical Race Theory ought to play in our nation's law school classrooms. Second, for the same …
Hands Off Policy: Equal Protection And The Contact Sports Exemption Of Title Ix, Jamal Greene
Hands Off Policy: Equal Protection And The Contact Sports Exemption Of Title Ix, Jamal Greene
Michigan Journal of Gender & Law
The disparity between what the Constitution permits of public schools and what Title IX permits of private ones is unquestionably stark. This Article calls this disparity into question. First, it asks under what circumstances, if any, allowance for sex discrimination in athletics may be justified under constitutional standards. Then, it considers the practical relevance of the disparity between how a school may lawfully discriminate under Title IX and how it may do so under the Equal Protection Clause. Finally, it offers a prescription for bringing into balance the gender equity messages sent by Title IX and the Constitution.
A Glimpse Behind And Beyond Grutter, Evan H. Caminker
A Glimpse Behind And Beyond Grutter, Evan H. Caminker
Articles
Many people have suggested that the recent battle over affirmative action was a defining moment for the contemporary relevance of Brown v. Board of Education and that it would determine the promise and potential for widespread societal integration. In my remarks, I want to comment upon a couple of comparisons and links between the Brown, Bakke, Grutter, and Gratz cases.
Locked In Inequality: The Persistence Of Discrimination, Daria Roithmayr
Locked In Inequality: The Persistence Of Discrimination, Daria Roithmayr
Michigan Journal of Race and Law
In this Article, the author argues that the practice of charging school fees to attend public school is an example of locked-in discrimination that persists over time, even in the absence of intentional discrimination. Exploring the lock-in model of discrimination in the unique context of South Africa, Roithmayr makes two central points. First, discriminatory practices often become locked into institutional structures because high switching costs-the costs of moving from a discriminatory practice to an inclusive one—make it too difficult for an institution to discontinue discriminating. Even when institutional actors are fully committed to eradicating racial disparity, they may be constrained …
A General Theory Of Cultural Diversity, Steven A. Ramirez
A General Theory Of Cultural Diversity, Steven A. Ramirez
Michigan Journal of Race and Law
This Article seeks to extend the analysis of these developments in the corporate world to anti-discrimination law under the Equal Protection Clause of the Fourteenth Amendment. This Article will show that discrimination based upon cultural insights or experiences is distinct from race discrimination and will articulate a general theory of why and under what circumstances this holds true. The difference between culture-based discrimination and using culture as a proxy for race (Which would then be race discrimination) requires a careful and non-mythological understanding of what race is, and what race is not. Moreover, showing that culture discrimination is not prohibited …
Fighting Anti-Gay Abuse In Schools: The Opening Appellate Brief Of Plaintiff Jamie Nabozny In Nabozny V. Podlesny, Patricia M. Logue, David S. Buckel
Fighting Anti-Gay Abuse In Schools: The Opening Appellate Brief Of Plaintiff Jamie Nabozny In Nabozny V. Podlesny, Patricia M. Logue, David S. Buckel
Michigan Journal of Gender & Law
In Nabozny v. Podlesny, 92 F.3d 446 (7th Cir. 1996), a case of first impression, the Seventh Circuit Court of Appeals recognized the constitutional right of a gay male public school student to equal protection from anti-gay harassment and assaults. The court held that Jamie Nabozny had stated equal protection claims against his school district and three school principals for gender and sexual orientation discrimination based on allegations that, because he is gay and a boy, defendants had failed to afford him the same kinds of protection given to other harassed students. At trial on remand a jury found …
Aliens And Equal Protection: Why Not The Right To Vote?, Gerald M. Rosberg
Aliens And Equal Protection: Why Not The Right To Vote?, Gerald M. Rosberg
Michigan Law Review
A constitutional right of at least some aliens to vote does not seem to me at all unthinkable. Throughout much of the nineteenth century and part of the twentieth, aliens enjoyed the right to vote in a great many states. The states that extended the franchise to aliens plainly did not believe that they were acting under constitutional compulsion. But given our present understanding of the mission of the equal protection clause, much can now be said in defense of such a constitutional right. My purpose here is to outline the case that might be made for the right of …
Restrictions On Student Voting: An Unconstitutional Anachronism?, W. Perry Bullard, James A. Rice
Restrictions On Student Voting: An Unconstitutional Anachronism?, W. Perry Bullard, James A. Rice
University of Michigan Journal of Law Reform
Using Michigan as a vehicle for analysis because it has a student voting process representative of many states, this note seeks to accomplish four purposes: (1) an examination of the case law often underlying the presumption against student registrability; (2) an analysis of recent constitutional developments in the due process and equal protection areas as they relate to the particular problems posed by the student voter; (3) a survey of the competing local and student interests in the student vote issue; and (4) a conclusion regarding the likelihood that thwarted student voters can follow the paths of other disfranchised groups …
Constitutional Law - Equal Protection - Legality Of Plans For Maintaining School Segregation, John B. Huck
Constitutional Law - Equal Protection - Legality Of Plans For Maintaining School Segregation, John B. Huck
Michigan Law Review
On May 19, 1954, the Supreme Court of the United States declared that segregation in public schools was a denial of equal protection of the law. Since that date many and varied plans have been proposed to maintain segregated education by avoiding the impact of the decision. The legality of three of these proposed avoidance devices will be analyzed in this comment.
Constitutional Law- Zoning - Private High Schools Excluded From Zone In Which Public High Schools Permitted, William D. Keeler S.Ed.
Constitutional Law- Zoning - Private High Schools Excluded From Zone In Which Public High Schools Permitted, William D. Keeler S.Ed.
Michigan Law Review
Among the uses permitted in the "A" residence zone by the Wauwatosa, Wisconsin zoning ordinance were "(e) Public Schools and Private Elementary Schools." The city building inspector denied to plaintiff, a private, non-profit religious corporation, a permit for the construction of a private high school in that zone. Plaintiff brought an action in mandamus to compel the issuance of such a permit, alleging that the ordinance deprived plaintiff of property without due process of law, and denied to it the equal protection of the laws guaranteed by the Fourteenth Amendment. The lower court granted the writ. On appeal, held, …