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Articles 1 - 4 of 4
Full-Text Articles in Law
Is The Antidiscrimination Project Being Ended?, Michael J. Zimmer
Is The Antidiscrimination Project Being Ended?, Michael J. Zimmer
Indiana Journal of Law and Social Equality
No abstract provided.
Recognizing Discrimination: Lessons From White Plaintiffs, Wendy Marie Parker
Recognizing Discrimination: Lessons From White Plaintiffs, Wendy Marie Parker
Wendy Marie Parker
The Supreme Court has developed a robust Equal Protection jurisprudence to recognize the rights of whites complaining of race conscious governmental activity. This was particularly reflected in the Court’s opinion in Parents Involved, where the Roberts Court radically re-positioned the meaning of Brown v. Board of Education. While many have lamented this use of Brown, we have missed the promise of the Roberts Court’s “process-only discrimination” for minority plaintiffs. This Article argues that the Roberts Court has adopted a version of colorblind jurisprudence so unconditional and absolute that it unintentionally, but unmistakably, offers great promise to non-white …
The Court's Denial Of Racial Societal Debt, Kimberlé W. Crenshaw
The Court's Denial Of Racial Societal Debt, Kimberlé W. Crenshaw
Faculty Scholarship
In this year of civil rights anniversaries, the narrative of racial progress has been tempered by the Supreme Court’s game-changing decisions this past summer. The notion that “we’ve come a long way and we have much more work to do” sounds ever more like wishful thinking in the face of a Supreme Court that is no longer an active contributor to the cause. Having abandoned its unprecedented insistence that white supremacy be upended root and branch, the current Court’s boldness is measured by its audacious efforts to reverse engineer the transformative mechanisms these anniversaries celebrate.
Affirmative Action, Justice Kennedy, And The Virtues Of The Middle Ground, Allen K. Rostron
Affirmative Action, Justice Kennedy, And The Virtues Of The Middle Ground, Allen K. Rostron
Faculty Works
When the Supreme Court hears arguments this fall about the constitutionality of affirmative action policies at the University of Texas, attention will be focused once again on Justice Anthony Kennedy. With the rest of the Court split between a bloc of four reliably liberal jurists and an equally solid cadre of four conservatives, the spotlight regularly falls on Kennedy, the swing voter that each side in every closely divided and ideologically charged case desperately hopes to attract. Critics condemn Kennedy for having an unprincipled, capricious, and self-aggrandizing style of decision-making. Though he is often decisive in the sense of casting …