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Articles 1 - 4 of 4

Full-Text Articles in Law

Academic Freedom On The Rack: Stretching Academic Freedom Beyond Its Constitutional Limits In Fair V. Rumsfeld, Rory Thomas Gray Jun 2006

Academic Freedom On The Rack: Stretching Academic Freedom Beyond Its Constitutional Limits In Fair V. Rumsfeld, Rory Thomas Gray

Washington and Lee Law Review

No abstract provided.


Negative Action Versus Affirmative Action: Asian Pacific Americans Are Still Caught In The Crossfire, William C. Kidder Jan 2006

Negative Action Versus Affirmative Action: Asian Pacific Americans Are Still Caught In The Crossfire, William C. Kidder

Michigan Journal of Race and Law

The author concludes that Espenshade and Chung's inattention to the distinction between negative action and affirmative action effectively marginalizes APAs and contributes to a skewed and divisive public discourse about affirmative action, one in which APAs are falsely portrayed as conspicuous adversaries of diversity in higher education. The author will also argue that there is ample reason to be concerned about the harmful effects of divisive and empirically unsupported claims about APAs influencing the public debate over affirmative action, particularly in Michigan, where an anti-affirmative action initiative nearly identical to California's Proposition 209 will appear on the November 2006 ballot. …


Academic Freedom: Disciplinary Lessons From Hogwarts, Emily M. Calhoun Jan 2006

Academic Freedom: Disciplinary Lessons From Hogwarts, Emily M. Calhoun

Publications

No abstract provided.


Unanimously Wrong, Dale Carpenter Jan 2006

Unanimously Wrong, Dale Carpenter

Faculty Journal Articles and Book Chapters

The Supreme Court was unanimously wrong in Rumsfeld v. FAIR. Though rare, it's not the first time the Court has been unanimously wrong. Its most notorious such decisions have come, like FAIR, in cases where the Court conspicuously failed even to appreciate the importance of the constitutional freedoms under attack from legislative majorities. In these cases, the Court's very rhetoric exposed its myopic vision in ways that now seem embarrassing. Does FAIR, so obviously correct to so many people right now, await the same ignominy decades away? FAIR was wrong in tone, a dismissive vox populi, adopted by a Court …