Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Institution
- Publication Year
Articles 1 - 27 of 27
Full-Text Articles in Law
The Unfinished Business Of Desegregation: Race Conscious College Admissions, Wendy B. Scott
The Unfinished Business Of Desegregation: Race Conscious College Admissions, Wendy B. Scott
William & Mary Bill of Rights Journal
This rejection of race conscious admissions practices under the Equal Protection Clause of the Fourteenth Amendment by the [Supreme] Court requires a revisit to desegregation jurisprudence and practice to demonstrate why the considerations of race in higher education admissions fulfills the desegregation mandate. Given its rich history and contributions to the formation of equality norms and affirmative action, desegregation jurisprudence and practice provide a foundation for the premise that the use of race in college admissions constitutes a compelling state interest, supported by specific evidence of discrimination, that moves us closer to the democratization of education and racial equality under …
Equal Dignity, Colorblindness, And The Future Of Affirmative Action Beyond Grutter V. Bollinger, Thomas P. Crocker
Equal Dignity, Colorblindness, And The Future Of Affirmative Action Beyond Grutter V. Bollinger, Thomas P. Crocker
William & Mary Law Review
In Grutter v. Bollinger the Supreme Court held that diversity was a compelling interest for equal protection purposes that justifies limited consideration of race through affirmative action programs. But there was a catch. The Court predicted that diversity would cease to be a compelling interest within twenty-five years. This Article examines the surprising doctrinal and conceptual implications that would follow if, having both the motive and means, the Court were to overturn Grutter before its predicted 2028 sunset. Exploring internal tensions within existing doctrine, this Article argues that even if the Court were to overturn Grutter, a form of …
From Access To Success: Affirmative Action Outcomes In A Class-Based System, Matthew N. Gaertner, Melissa Hart
From Access To Success: Affirmative Action Outcomes In A Class-Based System, Matthew N. Gaertner, Melissa Hart
University of Colorado Law Review
Scholarly discussion about affirmative action policy has been dominated in the past ten years by debates over "mismatch theory'"--the claim that race-conscious affirmative action harms those it is intended to help by placing students who receive preferences among academically superior peers in environments where they will be overmatched and unable to compete. Despite serious empirical and theoretical challenges to this claim in academic circles, mismatch has become widely accepted outside those circles, so much so that the theory played prominently in Justice Clarence Thomas's concurring opinion in Fisher v. University of Texas. This Article explores whether mismatch occurs in the …
Retaining Diversity In The Classroom: Strategies For Maximizing The Benefits That Flow From A Diverse Student Body, Chris Chambers Goodman
Retaining Diversity In The Classroom: Strategies For Maximizing The Benefits That Flow From A Diverse Student Body, Chris Chambers Goodman
Pepperdine Law Review
In Grutter v. Bollinger, the United States Supreme Court addressed the issue of whether diversity is a sufficiently compelling government interest to justify an affirmative action program that considered race and ethnicity in allocating law school admission offers. The Court determined that diversity was a compelling interest, resolving the conflict in the federal circuits on that issue. In this article, Goodman argues that the courts must examine the tightness of the fit between the goal of either achieving diversity or of realizing the benefits that flow from a diverse student body, and the means used to try to accomplish either …
Diversity As A Dead-End , Kenneth B. Nunn
How Strictly Scrutinized?: Examining The Educational Benefits The Court Relied Upon In Grutter, Patrick M. Garry
How Strictly Scrutinized?: Examining The Educational Benefits The Court Relied Upon In Grutter, Patrick M. Garry
Pepperdine Law Review
In Grutter v. Bollinger, the Court recognized student body diversity as a compelling state interest that justified the use of racial preferences in selecting applicants for admission to public university law schools. Normally, any state action reviewed under a strict scrutiny approach is destined for invalidation. But in Grutter, the Court bucked the trend and upheld the race-based admissions policy against a racial discrimination challenge brought under the Fourteenth Amendment's equal protection clause. Given the rarity of a state action surviving strict scrutiny review, it is instructive to examine the nature of the diversity interest recognized by the Court in …
"Making Excellence Inclusive" In Education And Beyond, Alma Clayton-Pedersen, Sonja Clayton-Pedersen
"Making Excellence Inclusive" In Education And Beyond, Alma Clayton-Pedersen, Sonja Clayton-Pedersen
Pepperdine Law Review
No abstract provided.
Plessy's Ghost: Grutter, Seattle And The Quiet Reversal Of Brown, D. Marvin Jones
Plessy's Ghost: Grutter, Seattle And The Quiet Reversal Of Brown, D. Marvin Jones
Pepperdine Law Review
No abstract provided.
Piercing The Brilliant Veil: Two Stories Of American Racism, Deborah Jones Merritt
Piercing The Brilliant Veil: Two Stories Of American Racism, Deborah Jones Merritt
Indiana Law Journal
No abstract provided.
The Associated Dangers Of "Brilliant Disguises," Color-Blind Constitutionalism, And Postracial Rhetoric, André Douglas Pond Cummings
The Associated Dangers Of "Brilliant Disguises," Color-Blind Constitutionalism, And Postracial Rhetoric, André Douglas Pond Cummings
Indiana Law Journal
No abstract provided.
Brilliant Disguise: An Empirical Analysis Of A Social Experiment Banning Affirmative Action, Deirdre M. Bowen
Brilliant Disguise: An Empirical Analysis Of A Social Experiment Banning Affirmative Action, Deirdre M. Bowen
Indiana Law Journal
No abstract provided.
Perspective And Point Of View On Affirmative Action, Kevin D. Brown
Perspective And Point Of View On Affirmative Action, Kevin D. Brown
Indiana Law Journal
No abstract provided.
Entitled To Be Heard: Improving Evidence-Based Policy Making Through Audience And Public Reason, Will Rhee
Entitled To Be Heard: Improving Evidence-Based Policy Making Through Audience And Public Reason, Will Rhee
Indiana Law Journal
No abstract provided.
The Freedom Ring: Making Grutter Matter In School Desegregation Cases, Rachel F. Moran
The Freedom Ring: Making Grutter Matter In School Desegregation Cases, Rachel F. Moran
University of Miami Law Review
No abstract provided.
Sleight Of Hand Or The Old Bait & Switch?: Article Iii And The Politics Of Self-Policing By The Court In Parents Involved, Zanita E. Fenton
Sleight Of Hand Or The Old Bait & Switch?: Article Iii And The Politics Of Self-Policing By The Court In Parents Involved, Zanita E. Fenton
University of Miami Law Review
No abstract provided.
Against Individualized Consideration, Cristina M. Rodriguez
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.
Freeriders And Diversity In The Legal Academy: A New Dirty Dozen List?, Ediberto Roman, Christopher B. Carbot
Freeriders And Diversity In The Legal Academy: A New Dirty Dozen List?, Ediberto Roman, Christopher B. Carbot
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
Protecting Race-Exclusive Scholarships From Extinction With An Alternative Compelling State Interest, Andrija Samardzich
Indiana Law Journal
No abstract provided.
The Destruction Of The Holistic Approach To Admissions: The Pernicious Effects Of Ranking, Alex M. Johnson Jr.
The Destruction Of The Holistic Approach To Admissions: The Pernicious Effects Of Ranking, Alex M. Johnson Jr.
Indiana Law Journal
Symposium: The Next Generation of Law School Rankings held April 15, 2005 at Indiana University School of Law-Bloomington.
Constitutional Academic Freedom After Grutter: Getting Real About The "Four Freedoms" Of A University, J. Peter Byrne
Constitutional Academic Freedom After Grutter: Getting Real About The "Four Freedoms" Of A University, J. Peter Byrne
University of Colorado Law Review
No abstract provided.
Why The University Of Michigan Should Win In Grutter And Gratz, Michael Higginbotham, Kathleen Bergin
Why The University Of Michigan Should Win In Grutter And Gratz, Michael Higginbotham, Kathleen Bergin
Louisiana Law Review
No abstract provided.
Percentage Plans: An Inadequate Substitute For Affirmative Action In Higher Education Admissions, Jennifer L. Shea
Percentage Plans: An Inadequate Substitute For Affirmative Action In Higher Education Admissions, Jennifer L. Shea
Indiana Law Journal
No abstract provided.
Narrative Highground: The Failure Of Intervention As A Procedural Device In Affirmative Action Litigation, Danielle R. Holley
Narrative Highground: The Failure Of Intervention As A Procedural Device In Affirmative Action Litigation, Danielle R. Holley
Case Western Reserve Law Review
No abstract provided.
A Constitutional Chaos And A Call For Help: The Chiaroscuro Backdrop Of Johnson V. Board Of Regents Of The University Of Georgia, Susannah Gayle Orman
A Constitutional Chaos And A Call For Help: The Chiaroscuro Backdrop Of Johnson V. Board Of Regents Of The University Of Georgia, Susannah Gayle Orman
Louisiana Law Review
No abstract provided.
How The Sat Creates Built-In-Headwinds: An Educational And Legal Analysis Of Disparate Impact, William C. Kidder, Jay Rosner
How The Sat Creates Built-In-Headwinds: An Educational And Legal Analysis Of Disparate Impact, William C. Kidder, Jay Rosner
Santa Clara Law Review
No abstract provided.
Essay: Policies Of Opportunity: Fairness And Affirmative Action In The Twenty-First Century, Robert M. Berdahl
Essay: Policies Of Opportunity: Fairness And Affirmative Action In The Twenty-First Century, Robert M. Berdahl
Case Western Reserve Law Review
No abstract provided.
The Wisdom And Constitutionality Of Race-Based Decision-Making In Higher Education Admission Programs: A Critical Look At Hopwood V. Texas, Stephanie E. Straub
The Wisdom And Constitutionality Of Race-Based Decision-Making In Higher Education Admission Programs: A Critical Look At Hopwood V. Texas, Stephanie E. Straub
Case Western Reserve Law Review
No abstract provided.