Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 6 of 6
Full-Text Articles in Law
Cultural Norms And Race Discrimination Standards: A Case Study In How The Two Diverge, Derek W. Black
Cultural Norms And Race Discrimination Standards: A Case Study In How The Two Diverge, Derek W. Black
Faculty Publications
The legal standard for race discrimination - the intent standard - has been scrutinized and justified for decades, but that conversation has occurred almost entirely within the legal community. Relatively little effort has been made to engage the public. This Article posits that the discussion of discrimination standards must account for and include public understandings of race and discrimination because race is a socially constructed concept and discrimination is culturally contingent. Race discrimination standards based solely upon the legal community’s perceptions are susceptible to significant flaws. This Article begins the incorporation of public understandings of race and discrimination by examining …
Contingent Equal Protection: Reaching For Equality After Ricci And Pics, Jennifer S. Hendricks
Contingent Equal Protection: Reaching For Equality After Ricci And Pics, Jennifer S. Hendricks
Publications
The Supreme Court's decision in Parents Involved in Community Schools v. Seattle School District #1 has been extensively analyzed as the latest step in the Court's long struggle with the desegregation of public schools. This Article examines the decision's implications for the full range of equal protection doctrine dealing with benign or remedial race and sex classifications. Parents Involved revealed a sharp division on the Court over whether government may consciously try to promote substantive equality. In the past, such efforts have been subject to an equal protection analysis that allows race-conscious or sex-conscious state action, contingent on existing, de …
Response: Anti-Discrimination Law In Peril?, Trina Jones
Response: Anti-Discrimination Law In Peril?, Trina Jones
Faculty Scholarship
No abstract provided.
A Post-Race Equal Protection?, Trina Jones, Mario L. Barnes, Erwin Chemerinsky
A Post-Race Equal Protection?, Trina Jones, Mario L. Barnes, Erwin Chemerinsky
Faculty Scholarship
Most vividly demonstrated in the 2008 election of the first African-American President of the United States, post-race is a term that has been widely used to characterize a belief in the declining significance of race in the United States. Post-racialists, then, believe that racial discrimination is rare and aberrant behavior as evidenced by America’s pronounced racial progress. One practical consequence of a commitment to post-racialism is the belief that governments - both state and federal - should not consider race in their decision making. One might imagine that the recent explosion in post-racial discourse also portends a revised understanding of …
The Many Faces Of Strict Scrutiny: How The Supreme Court Changes The Rules In Race Cases, Evan Gerstmann, Christopher Shortell
The Many Faces Of Strict Scrutiny: How The Supreme Court Changes The Rules In Race Cases, Evan Gerstmann, Christopher Shortell
Political Science Faculty Publications and Presentations
In this paper, we argue that there is no single test called strict scrutiny when the Court considers claims of racial discrimination. In fact, the Court changes the rules depending on why and how the government is using race. By examining racial redistricting, remedial affirmative action, and diversitybased affirmative action cases, we show how the Court uses at least three very different versions of strict scrutiny. The costs of maintaining the fiction of unitary strict scrutiny is high. In the area of racial profiling, for example, courts refuse to apply strict scrutiny for fear that it will either overly hamper …
“Equal Citizenship Stature”: Justice Ginsburg’S Constitutional Vision, Neil S. Siegel
“Equal Citizenship Stature”: Justice Ginsburg’S Constitutional Vision, Neil S. Siegel
Faculty Scholarship
In this essay, Professor Siegel examines the nature and function of constitutional visions in the American constitutional order. He argues that Associate Justice Ruth Bader Ginsburg possesses such a vision and that her vision is defined by her oft-stated commitment to “full human stature,” to “equal citizenship stature.” He then defends Justice Ginsburg’s characteristically incremental and moderate approach to realizing her vision. He does so in part by establishing that President Barack Obama articulated a similar vision and approach in his Philadelphia speech on American race relations and illustrated its capacity to succeed during the 2008 presidential election.