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Full-Text Articles in Law
Foreword: Never Again, Franklin D. Cleckley
Foreword: Never Again, Franklin D. Cleckley
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Reaffirming Affirmative Action We've Come A Long Way, But Not Far Enough, Cynthia R. Mabry
Reaffirming Affirmative Action We've Come A Long Way, But Not Far Enough, Cynthia R. Mabry
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Adarand Constructors, Inc. V. Pena: The Lochnerization Of Affirmative Action Recent Development., Patricia A. Carlson
Adarand Constructors, Inc. V. Pena: The Lochnerization Of Affirmative Action Recent Development., Patricia A. Carlson
St. Mary's Law Journal
The Supreme Court’s decision in Adarand will lead to the invalidation of many federal programs because the decision requires strict scrutiny for all affirmative action programs, including federal programs. The Court ignores both constitutional strictures and American history by resorting to Lochner era rulings of striking down federal socio-economic regulations. Overturning the clear precedent of Fullilove undermines stare decisis by valuing the language of the Court’s decision over its meaning. The Court in Adarand presumes that the Constitution is color-blind. This presumption ignores the history leading up to the Reconstruction Amendments, the purpose of the Reconstruction Amendments, and the intentions …