Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Michigan Law School (46)
- Touro University Jacob D. Fuchsberg Law Center (10)
- Vanderbilt University Law School (10)
- The University of Akron (8)
- University of Miami Law School (6)
-
- Golden Gate University School of Law (5)
- Cleveland State University (4)
- University of Kentucky (4)
- University of Maryland Francis King Carey School of Law (4)
- University of Massachusetts Boston (4)
- Washington and Lee University School of Law (4)
- American University Washington College of Law (3)
- Northwestern Pritzker School of Law (3)
- University of Arkansas at Little Rock William H. Bowen School of Law (3)
- Maurer School of Law: Indiana University (2)
- Mitchell Hamline School of Law (2)
- Pace University (2)
- Pepperdine University (2)
- University of Massachusetts School of Law (2)
- Brooklyn Law School (1)
- Liberty University (1)
- St. Mary's University (1)
- The Catholic University of America, Columbus School of Law (1)
- University of Arkansas, Fayetteville (1)
- University of Georgia School of Law (1)
- University of Oklahoma College of Law (1)
- University of Richmond (1)
- University of San Diego (1)
- West Virginia University (1)
- Publication Year
- Publication
-
- Michigan Law Review (19)
- Michigan Journal of Race and Law (11)
- Touro Law Review (9)
- Vanderbilt Law Review (9)
- Akron Law Review (7)
-
- University of Michigan Journal of Law Reform (7)
- University of Miami Business Law Review (6)
- Golden Gate University Law Review (5)
- Michigan Law Review First Impressions (5)
- Cleveland State Law Review (4)
- Kentucky Law Journal (4)
- Michigan Journal of Gender & Law (4)
- American University Law Review (3)
- Trotter Review (3)
- Washington and Lee Journal of Civil Rights and Social Justice (3)
- Mitchell Hamline Law Review (2)
- Northwestern University Law Review (2)
- Pace Law Review (2)
- Pepperdine Law Review (2)
- University of Arkansas at Little Rock Law Review (2)
- University of Maryland Law Journal of Race, Religion, Gender and Class (2)
- University of Massachusetts Law Review (2)
- Arkansas Law Review (1)
- Brooklyn Law Review (1)
- Catholic University Law Review (1)
- ConLawNOW (1)
- Georgia Journal of International & Comparative Law (1)
- IUSTITIA (1)
- Indiana Journal of Law and Social Equality (1)
- Journal of Health Care Law and Policy (1)
Articles 1 - 30 of 134
Full-Text Articles in Law
Facilitating Race-Conscious Targeted Purchasing Programs In The Shadow Of The Trump Judiciary, Daniel Choma
Facilitating Race-Conscious Targeted Purchasing Programs In The Shadow Of The Trump Judiciary, Daniel Choma
Mitchell Hamline Law Review
No abstract provided.
Gender Identity, Sports, And Affirmative Action: What's Title Ix Got To Do With It?, Michael E. Rosman
Gender Identity, Sports, And Affirmative Action: What's Title Ix Got To Do With It?, Michael E. Rosman
St. Mary's Law Journal
There is much talk these days of promoting “equity” rather than “equality.” When applied outside athletics, Title IX promotes non-discrimination, usually associated with equality. As it has been applied to sports, though, it may be our most prominent “equity” statute, making sure each sex gets its fair share.
The questions this article seeks to address are legal ones that the debate about trans females seems to bring to the fore. How did we start with a statute whose language looks very similar to every other civil rights statute—and, indeed, that acts just like every other civil rights statute outside of …
Big Data Affirmative Action, Peter N. Salib
Big Data Affirmative Action, Peter N. Salib
Northwestern University Law Review
As a vast and ever-growing body of social-scientific research shows, discrimination remains pervasive in the United States. In education, work, consumer markets, healthcare, criminal justice, and more, Black people fare worse than whites, women worse than men, and so on. Moreover, the evidence now convincingly demonstrates that this inequality is driven by discrimination. Yet solutions are scarce. The best empirical studies find that popular interventions—like diversity seminars and antibias trainings—have little or no effect. And more muscular solutions—like hiring quotas or school busing—are now regularly struck down as illegal. Indeed, in the last thirty years, the Supreme Court has invalidated …
Importing Indian Intolerance: How Title Vii Can Prevent Caste Discrimination In The American Workplace, Brett Whitley
Importing Indian Intolerance: How Title Vii Can Prevent Caste Discrimination In The American Workplace, Brett Whitley
Arkansas Law Review
"If Hindus migrate to other regions on [E]arth, [Indian] Caste would become a world problem." - Dr. B.R. Ambedkar (1916) Imagine it is the year 2020. You are one of the more than 160 million people across India that are labeled as Dalits, formerly known as the “Untouchables." Most Hindus view Dalits as belonging to the lowest rung in the ancient system of social stratification that impacts individuals across the globe called the caste system. Your people have endured human rights abuses for centuries, but luckily, neither you nor a loved one have ever been the victim of one of …
Through A Glass, Darkly: Systemic Racism, Affirmative Action, And Disproportionate Minority Contact, Robin Walker Sterling
Through A Glass, Darkly: Systemic Racism, Affirmative Action, And Disproportionate Minority Contact, Robin Walker Sterling
Michigan Law Review
This Article is the first to describe how systemic racism persists in a society that openly denounces racism and racist behaviors, using affirmative action and disproportionate minority contact as contrasting examples. Affirmative action and disproportionate minority contact are two sides of the same coin. Far from being distinct, these two social institutions function as two sides of the same ideology, sharing a common historical nucleus rooted in the mythologies that sustained chattel slavery in the United States. The effects of these narratives continue to operate in race-related jurisprudence and in the criminal legal system, sending normative messages about race and …
Males Need Not Apply: Assessing The Legality Of American University Business Law Review's All-Female Issue, Michael Conklin
Males Need Not Apply: Assessing The Legality Of American University Business Law Review's All-Female Issue, Michael Conklin
Touro Law Review
No abstract provided.
Principles And Consequences In A Virtue Ethics Analysis Of Affirmative Action, Caleb H A Brown
Principles And Consequences In A Virtue Ethics Analysis Of Affirmative Action, Caleb H A Brown
Montview Journal of Research & Scholarship
In this paper, I evaluate affirmative action from the framework of virtue ethics. In doing so, I consider the principles behind affirmative action as well as its consequences because a perfectly virtuous person will act per just principles but will also be concerned with the consequences of her actions. An attempt to restore justice that utilizes a mechanism known to be ineffective is not truly an attempt to restore justice, and so is not virtuous. Therefore, if affirmative action is principally justified, a complete virtue ethical analysis will still ask, “Do we know if it works?” I conclude that affirmative …
Diversity Entitlement: Does Diversity-Benefits Ideology Undermine Inclusion?, Kyneshawau Hurd, Victoria C. Plaut
Diversity Entitlement: Does Diversity-Benefits Ideology Undermine Inclusion?, Kyneshawau Hurd, Victoria C. Plaut
Northwestern University Law Review
Ideologies are most successful (or most dangerous) when they become common-sense—when they become widely accepted, taken-for-granted truths—because these truths subsequently provide implicit guidelines and expectations about what is moral, legitimate, and necessary in our society. In Regents of University of California v. Bakke, the Court, without a majority opinion, considered and dismissed all but one of several “common-sense” rationales for affirmative action in admissions. While eschewing rationales that focused on addressing discrimination and underrepresentation, the Court found that allowing all students to obtain the educational benefits that flow from diversity was a compelling rationale—essential, even, for a quality education. …
Awaiting The Rebirth Of An Icon: Brown V. Board Of Education, R. Lawrence Purdy
Awaiting The Rebirth Of An Icon: Brown V. Board Of Education, R. Lawrence Purdy
Mitchell Hamline Law Review
No abstract provided.
For What It's Worth: The Role Of Race- And Gender-Based Data In Civil Damages Awards, Loren D. Goodman
For What It's Worth: The Role Of Race- And Gender-Based Data In Civil Damages Awards, Loren D. Goodman
Vanderbilt Law Review
Following months of behavioral problems, hyperactivity, and intermittent complaints of headache and nausea, five-year-old Kelsey Craig's mother finally takes her to the pediatrician to determine the root of the problem. After multiple consultations, a blood test shows a surprising culprit: there is a dangerously high amount of lead present in Kelsey's blood, suggesting prolonged exposure to the irreversibly toxic substance. Upon returning to their older, prewar apartment building, Kelsey's mother passes a neighboring family in the hallway and woefully relays the tale of her diagnosis. The neighbors' eyes grow wide as they realize their own five-year-old son has been experiencing …
The Racist Algorithm?, Anupam Chander
The Racist Algorithm?, Anupam Chander
Michigan Law Review
Review of The Black Box Society: The Secret Algorithms That Control Money and Information by Frank Pasquale.
The More Things Change, The More They Stay The Same: Why Fisher V. University Of Texas At Austin Will Not Fundamentally Alter The Affirmative Action Landscape, Adam Lamparello
University of Miami Business Law Review
No abstract provided.
Diversity Is Dead. Long Live Diversity: The Racial Isolation Prong Of Kennedy’S Pics Concurrence In Fisher And Beyond., Francisco M. Negrón Jr.
Diversity Is Dead. Long Live Diversity: The Racial Isolation Prong Of Kennedy’S Pics Concurrence In Fisher And Beyond., Francisco M. Negrón Jr.
University of Miami Business Law Review
No abstract provided.
More Than Just The Numbers: Fisher V. Texas And The Practical Impact Of Texas’S Top Ten Percent Law, Shakira D. Pleasant
More Than Just The Numbers: Fisher V. Texas And The Practical Impact Of Texas’S Top Ten Percent Law, Shakira D. Pleasant
University of Miami Business Law Review
No abstract provided.
It’S Not About Race: The True Purpose Of The University Of Texas’ Holistic Admissions System Is To Give Preferences To Well-Connected White Applicants, Not To Disadvantaged Minorities, Jonathan R. Zell
University of Miami Business Law Review
No abstract provided.
Getting Real About Race And Class: An Evaluation Of The Constitutionality Of Class-Based, Socioeconomic Affirmative Action Without Grutter, Junis L. Baldon
Getting Real About Race And Class: An Evaluation Of The Constitutionality Of Class-Based, Socioeconomic Affirmative Action Without Grutter, Junis L. Baldon
University of Miami Business Law Review
No abstract provided.
Fisher V. University Of Texas At Austin: The Incoherence And Unseemliness Of State Racial Classification, Jay Alan Sekulow, Walter M. Weber
Fisher V. University Of Texas At Austin: The Incoherence And Unseemliness Of State Racial Classification, Jay Alan Sekulow, Walter M. Weber
University of Miami Business Law Review
No abstract provided.
Race, Restructurings, And Equal Protection Doctrine Through The Lens Of Schuette V. Bamn, Steve Sanders
Race, Restructurings, And Equal Protection Doctrine Through The Lens Of Schuette V. Bamn, Steve Sanders
Brooklyn Law Review
In 2012, the U.S. Court of Appeals for the Sixth Circuit ruled that Michigan voters had violated principles of the fair lawmaking process when they amended their state constitution to prohibit race-conscious affirmative action in public university admissions, reasoning that the amendment, known as “Proposal 2,” constituted a political restructuring that had violated the Equal Protection Clause by disadvantaging African Americans from being able to equally access political change. However, the Sixth Circuit was careful to avoid saying that Proposal 2 created a racial classification or was motivated by a purpose of discriminating on the basis of race. Instead, consistent …
Affirmative Action And The Crisis In Higher Education, Scott D. Gerber
Affirmative Action And The Crisis In Higher Education, Scott D. Gerber
ConLawNOW
At all but the nation’s top colleges and universities, enrollments are down and budgets are strapped. Although many offer ideas why, the heavy-headed use of racial and ethnic preferences in student admissions, financial aid, and faculty hiring is also to blame, but also nobody ever mentions that. The term “affirmative action” originated with an executive order signed by President John F. Kennedy on March 6, 1961. Fast forward five decades and, to borrow a line from Dorothy in The Wizard of Oz, “We’re not in Kansas any more.” Bluntly stated, there is systemic discrimination in all three categories of affirmative …
The Strange Persistence Of Affirmative Action Under Title Vii, Deborah C. Malamud
The Strange Persistence Of Affirmative Action Under Title Vii, Deborah C. Malamud
West Virginia Law Review
No abstract provided.
Affirmative Action, Reverse Discrimination Bratton V. City Of Detroit, John T. Dellick
Affirmative Action, Reverse Discrimination Bratton V. City Of Detroit, John T. Dellick
Akron Law Review
In Bratton v. City of Detroit, the United States Sixth Circuit Court of Appeals examined charges of reverse discrimination' arising from a voluntary affirmative action plan adopted by the City of Detroit. These reverse discrimination claims were presented as alleged violations of Title VIP and the fourteenth amendment. The Bratton court reviewed the leading Title VII reverse discrimination case, United Steelworkers of America v. Weber, and the leading fourteenth amendment reverse discrimination case, Regents of University of California v. Bakke. From these cases, the court in Bratton extracted the major guidelines of each, comingled them, and developed …
Affirmative Action: Alive And Well After Stotts, Ralph J. Conrad
Affirmative Action: Alive And Well After Stotts, Ralph J. Conrad
Akron Law Review
This comment examines the current state of affirmative action in light of the special protection that the Supreme Court grants seniority systems. This comment also discusses the future of affirmative action and how the changes in affirmative action will affect collective bargaining agreements and consent decrees.
Mugwump, Mediator, Machiavellian, Or Majority? The Role Of Justice O'Connor In The Affirmative Action Cases, Thomas R. Haggard
Mugwump, Mediator, Machiavellian, Or Majority? The Role Of Justice O'Connor In The Affirmative Action Cases, Thomas R. Haggard
Akron Law Review
The purpose of this article is to provide a critical analysis of Justice O'Connor's affirmative action opinions. It will show that while her early record provides justification for all three characterizations, her more recent decisions suggest the emergency of a more favorable image. Her opinions in Croson and Media Broadcasting reflect the realization that a narrow, hair-splitting approach to this critical social and constitutional crisis will do little to hasten its resolution; that there is apparently no form of affirmative action that the liberal wing of the Court is unwilling to endorse, making her consensus by compromise approach a futile …
A Historical Review Of Affirmative Action And The Interpretation Of Its Legislative Intent By The Supreme Court, Carl E. Brody Jr.
A Historical Review Of Affirmative Action And The Interpretation Of Its Legislative Intent By The Supreme Court, Carl E. Brody Jr.
Akron Law Review
In Part I, I will discuss the history of pre-affirmative action programs. This involves an analysis of the original intent of the Fourteenth Amendment, its related remedial legislation, as well as several of the New Deal Acts prohibiting employment discrimination. Part II will analyze the advent of affirmative action, from its inception with the 1957 and 1960 Civil Rights Acts, and trace its development through Executive Orders 12250 and 12259, which constitute the last major expansion in affirmative action doctrine. Part III will examine the period between 1978 and 1991, where the Supreme Court's attempts to find a consistent interpretation …
A Current Perspective: The Erosion Of Affirmative Action In University Admissions, Corinne E. Anderson
A Current Perspective: The Erosion Of Affirmative Action In University Admissions, Corinne E. Anderson
Akron Law Review
This comment examines the recent trend towards anti-affirmative action in the context of university admissions policies. First, the comment will trace some of the formative history of affirmative action, including the Bakke decision. It will then review and analyze specific judicial and legislative events which suggest a trend towards anti-affirmative action. Finally, the comment will explore the different rationales for affirmative action and suggest some alternatives to racial preferences in admissions policies.
White Privilege And Affirmative Action, Sylvia A. Law
White Privilege And Affirmative Action, Sylvia A. Law
Akron Law Review
Since 1996, many authoritative voices challenge the legitimacy of affirmative efforts to achieve racial integration. The Supreme Court has struck down many affirmative action programs. The Court has not upheld any affirmative action program since 1989, when, by a 5-4 decision, it approved a narrowly targeted Congressional program to encourage minority ownership of broadcast licences. In 1996, California voters approved Proposition 209, broadly prohibiting any form of affirmative action on the basis of race or gender. In the same year, in the Hopwood decision, the Fifth Circuit held that the University of Texas could not give any consideration to race …
Affirmative Action For The Master Class: The Creation Of The Proslavery Constitution, Paul Finkelman
Affirmative Action For The Master Class: The Creation Of The Proslavery Constitution, Paul Finkelman
Akron Law Review
The Constitution of 1787 was a proslavery document, designed to prevent any national assault on slavery, while at the same time structured to protect the interests of slaveowners at the expense of African Americans and their antislavery white allies. To understand this earliest form of affirmative action, I begin with a view of the Constitution first articulated by the great abolitionist William Lloyd Garrison, and then turn to an examination of the Convention that wrote the Constitution and the document that convention produced.
Protecting Diversity In The Ivory Tower With Liability Rules, Ting Wang
Protecting Diversity In The Ivory Tower With Liability Rules, Ting Wang
Pace Law Review
The two sides of the debate over race-based affirmative action in higher education tell two distinct stories – one of diversity’s benefits and the other of affirmative action’s burdens. In Grutter v. Bollinger, 539 U.S. 306 (2003), the Supreme Court found the benefits to be so compelling to society that they were deemed to outweigh the burdens. Voters in Michigan and other states found otherwise and the Court in Schuette v. Coalition to Defend Affirmative Action, 572 U.S. — (2014) upheld their right to ban race-conscious admissions. Paradoxically, since the use of race as a “plus factor” by selective universities …
Following Fisher: Narrowly Tailoring Affirmative Action, Eang L. Ngov
Following Fisher: Narrowly Tailoring Affirmative Action, Eang L. Ngov
Catholic University Law Review
Affirmative action has been at the forefront of educational policies and to this day continues to enliven debates. For decades, schools have litigated over whether affirmative action can be used to create a diverse student body. Now, the litigation has shifted to whether affirmative action policies are narrowly tailored. The Supreme Court’s most recent affirmative action case, Fisher v. University of Texas at Austin, requires that schools prove that there are no workable race neutral alternatives in order to demonstrate that their affirmative action programs are narrowly tailored. This article examines the available race neutral alternatives: percentage plans; socioeconomic …
Discrimination Cases Of The 2002 Term, Eileen Kaufman
Discrimination Cases Of The 2002 Term, Eileen Kaufman
Touro Law Review
No abstract provided.