Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Institution
- Publication
- Publication Type
Articles 1 - 5 of 5
Full-Text Articles in Law
Unraveling The Inequitable Nature Of The Model Minority: Asian-Americans Deserve Affirmative Action, Christopher Atlee F. Arcitio
Unraveling The Inequitable Nature Of The Model Minority: Asian-Americans Deserve Affirmative Action, Christopher Atlee F. Arcitio
Tennessee Journal of Race, Gender, & Social Justice
No abstract provided.
Is Carolene Products Dead--Reflections On Affirmative Action And The Dynamics Of Civil Rights Legislation, Daniel A. Farber, Philip P. Frickey
Is Carolene Products Dead--Reflections On Affirmative Action And The Dynamics Of Civil Rights Legislation, Daniel A. Farber, Philip P. Frickey
Daniel A Farber
No abstract provided.
The Future Of Workplace Affirmative Action After Fisher, Rebecca K. Lee
The Future Of Workplace Affirmative Action After Fisher, Rebecca K. Lee
St. John's Law Review
(Excerpt)
The Supreme Court’s decision on race-conscious affirmative action in Fisher, along with the Fifth Circuit’s ruling in Fisher on remand, importantly preserves the validity of affirmative action programs in state decisionmaking if the programs meet certain criteria under strict scrutiny and satisfy full judicial review. Although Fisher arose in the higher education context, its application extends to the public setting more generally and thus would also apply to the public sector workplace under the Constitution, making it permissible for public sector employers to use race-conscious affirmative action in hiring and promoting employees. The approach taken in Fisher also …
Past As Prologue In The Affirmative Action Jurisprudence Of The Supreme Court: Reflections On Fisher V. University Of Texas At Austin And Schuette V. Coalition To Defend Affirmative Action, David L. Gregory, Sarah Mannix
Past As Prologue In The Affirmative Action Jurisprudence Of The Supreme Court: Reflections On Fisher V. University Of Texas At Austin And Schuette V. Coalition To Defend Affirmative Action, David L. Gregory, Sarah Mannix
St. John's Law Review
(Excerpt)
This Article critically analyzes the dimensions and likely ramifications of Fisher and Schuette. The principle of pragmatic political proportionality eschews the wholly ideological extremist views that would either utterly vitiate affirmative action or deeply embed it as a substantially obsolete elitist residue of endless recalibrating. Instead, this Article subscribes to Lincolnian practical wisdom supplemented with a healthy dose of plain common sense. Enlightened political leadership should seek achievable pragmatic proportionality as the guiding principle controlling access to public institutions of higher education and, consequently, entry into the professions.
Navigating The Unknown: Why Scotus Ought To Again Affirm That Achieving True Diversity In Higher Education Is A Compelling Interest That Satisfies Strict Scrutiny When It Rehears Fisher, Kenrick Frank Roberts
Navigating The Unknown: Why Scotus Ought To Again Affirm That Achieving True Diversity In Higher Education Is A Compelling Interest That Satisfies Strict Scrutiny When It Rehears Fisher, Kenrick Frank Roberts
University of the District of Columbia Law Review
On June 29th, 2015, the Supreme Court agreed to once again hear oral arguments in Fisher. This decision is troubling to supporters of Affirmative Action policies because of the Court's indistinguishable motivation for hearing the case a second time. This Note argues that theCourt must continue to allow race-based considerations in higher education admissions policies. Part I takes a look at the beginnings of affirmative action and the effects of past discrimination on the educational attainment of minorities. Part II charts the case law related to affirmative action in higher education. Part III tracks how the meaning of narrowly-tailored has …