Law Commons^™

Remarks Made At The Second Circuit Judicial Conference, September 8, 1989, Thurgood Marshall

Trotter Review

For many years, no institution of American government has been as close a friend to civil rights as the United States Supreme Court. Make no mistake: I do not mean for a moment to denigrate the quite considerable contributions to the enhancement of civil rights by presidents, the Congress, other federal courts, and the legislatures and judiciaries of many states. It is now 1989, however, and we must recognize that the Court's approach to civil rights cases has changed markedly. The most recent Supreme Court opinions vividly illustrate this changed judicial attitude. In Richmond v. Croson, the Court took …

Innocence And Affirmative Action, Thomas Ross

Vanderbilt Law Review

When we create arguments, when we act as rhetoricians, we reveal ourselves by the words and ideas we choose to employ. Verbal structures that are used widely and persistently are especially worth examination. Arguments made with repeated, almost formulaic, sets of words suggest a second argument flowing beneath the apparent argument. Beneath the apparently abstract language and the syllogistic form of these arguments, we may discover the deeper currents that explain, at least in part, why we seem so attached to these verbal structures.

Argument about affirmative action in the context of racial discrimination is particularly wrenching and divisive, especially …

The Future Of Minority Set-Aside Programs After City Of Richmond, Judy Kerczewski Kranjc

Cleveland State Law Review

One type of controversial affirmative action plan is the minority set-aside program. This Note will focus on the future of these plans in the wake of the recent Supreme Court decision, City of Richmond v. J.A. Croson Co. First, an examination of the background of affirmative action leading up to set-asides is in order. Second, this Note will analyze City of Richmond and the constitutional and social issues at stake, balancing whether minority set-asides are needed with the recognition that discrimination and lack of economic opportunity for minorities still exists in our society. Finally, the Note will examine several lower …