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Full-Text Articles in Law

The Rhetoric Of Equality, Neal Devins Sep 2019

The Rhetoric Of Equality, Neal Devins

Neal E. Devins

No abstract provided.


Righting Past Wrongs: When Affirmative Action May Be Reverse Discrimination, Neal Devins Sep 2019

Righting Past Wrongs: When Affirmative Action May Be Reverse Discrimination, Neal Devins

Neal E. Devins

No abstract provided.


Philadelphia Plan, Neal Devins Sep 2019

Philadelphia Plan, Neal Devins

Neal E. Devins

No abstract provided.


Reinventing Bakke, Alan J. Meese Sep 2019

Reinventing Bakke, Alan J. Meese

Alan J. Meese

No abstract provided.


Judicial Review And Nongeneralizable Cases, Neal Devins, Alan J. Meese Sep 2019

Judicial Review And Nongeneralizable Cases, Neal Devins, Alan J. Meese

Alan J. Meese

No abstract provided.


Bakke Betrayed, Alan J. Meese Sep 2019

Bakke Betrayed, Alan J. Meese

Alan J. Meese

No abstract provided.


Explaining Grutter V. Bollinger, Neal Devins Sep 2019

Explaining Grutter V. Bollinger, Neal Devins

Neal E. Devins

No abstract provided.


Group Versus Individuals, Neal Devins Sep 2019

Group Versus Individuals, Neal Devins

Neal E. Devins

No abstract provided.


Affirmative Action After Reagan, Neal Devins Sep 2019

Affirmative Action After Reagan, Neal Devins

Neal E. Devins

No abstract provided.


Adarand Constructors, Inc. V. Pena And The Continuing Irrelevance Of Supreme Court Affirmative Action Decisions, Neal Devins Sep 2019

Adarand Constructors, Inc. V. Pena And The Continuing Irrelevance Of Supreme Court Affirmative Action Decisions, Neal Devins

Neal E. Devins

No abstract provided.


Volume I | Issue Ii | 2019.Pdf, Dujpew Editorial Board Sep 2019

Volume I | Issue Ii | 2019.Pdf, Dujpew Editorial Board

Dartmouth Undergraduate Journal of Politics, Economics and World Affairs

No abstract provided.


Judging Opportunity Lost: Assessing The Viability Of Race-Based Affirmative Action After Fisher V. University Of Texas, Austin, Angela Onwuachi-Willig, Mario Barnes, Erwin Chemerinsky Aug 2019

Judging Opportunity Lost: Assessing The Viability Of Race-Based Affirmative Action After Fisher V. University Of Texas, Austin, Angela Onwuachi-Willig, Mario Barnes, Erwin Chemerinsky

Erwin Chemerinsky

In this Article, Mario Barnes, Erwin Chemerinsky, and Angela Onwuachi-Willig examine and analyze one recent, affirmative action case, Fisher v. University of Texas, Austin, as a means of highlighting why the anti-subordination or equal opportunity approach, as opposed to the anti-classification approach, is the correct approach for analyzing equal protection cases. In so doing, these authors highlight several opportunities that the U.S. Supreme Court missed to acknowledge and explicate the way in which race, racism, and racial privilege operate in society and thus advance the anti-subordination approach to equal protection. In the end, the authors suggest that, with regard to …


Embracing Race-Conscious College Admissions Programs: How Fisher V. University Of Texas At Austin Redefines "Affirmative Action" As A Holistic Approach To Admissions That Ensures Equal, Not Preferential, Treatment, Nancy L. Zisk Jun 2019

Embracing Race-Conscious College Admissions Programs: How Fisher V. University Of Texas At Austin Redefines "Affirmative Action" As A Holistic Approach To Admissions That Ensures Equal, Not Preferential, Treatment, Nancy L. Zisk

Nancy L. Zisk

In Fisher v. University of Texas at Austin, the United States Supreme Court affirmed well-established Supreme Court doctrine that race may be considered when a college or university decides whom to admit and whom to reject, as long as the consideration of race is part of a narrowly tailored holistic consideration of an applicant's many distinguishing features. The Court's latest decision heralds a new way of thinking about holistic race-conscious admissions programs. Rather than considering them as "affirmative action" plans that prefer any one applicant to the disadvantage of another, they should be viewed as the Court has described …


Racial Indirection, Yuvraj Joshi Apr 2019

Racial Indirection, Yuvraj Joshi

Yuvraj Joshi

Racial indirection describes practices that produce racially disproportionate results without the overt use of race. This Article demonstrates how racial indirection has allowed — and may continue to allow — efforts to desegregate America’s universities. By analyzing the Supreme Court’s affirmative action cases, the Article shows how specific features of affirmative action doctrine have required and incentivized racial indirection, and how these same features have helped sustain the constitutionality of affirmative action to this point. There is a basic constitutional principle that emerges from these cases: so long as the end is constitutionally permissible, the less direct the reliance on …


Panel 4: Criminal Procedure And Affirmative Action Apr 2019

Panel 4: Criminal Procedure And Affirmative Action

Georgia State University Law Review

Moderator: Lauren Sudeall

Panelists: Dan Epps, Gail Heriot, and Corinna Lain


Hidden In Plain Sight: A More Compelling Case For Diversity, Jonathan P. Feingold Mar 2019

Hidden In Plain Sight: A More Compelling Case For Diversity, Jonathan P. Feingold

Utah Law Review

For four decades, the diversity rationale has offered a lifeline to affirmative action in higher education. Yet even after forty years, this critical feature of equal protection doctrine remains constitutionally insecure and politically fraught. Legal challenges persist, the Justice Department has launched a new assault on affirmative action, and a rightward shift on the Supreme Court could usher in an era of increased hostility toward the concept of diversity itself. The future of race-conscious admissions may hang in the balance.

In this Article, I contend that the diversity rationale’s present fragility rests, in part, on its defenders’ failure to center …


Inclusion Riders And Diversity Mandates, Emily Waldman Jan 2019

Inclusion Riders And Diversity Mandates, Emily Waldman

Belmont Law Review

This article examines inclusion riders, the bona fide occupational qualification defense, undue hardship, and equal burdens in the context of Title VII's prohibition of differential treatment. It also addresses the concept of 'diversity preference', affirmative action programs, and how employers can satisfy diversity preference without being discriminatory.


Systematic Prevention Of A Serial Problem: Sexual Harassment And Bridging Core Concepts Of Bakke In The #Metoo Era, Nancy Chi Cantalupo, William C. Kidder Jan 2019

Systematic Prevention Of A Serial Problem: Sexual Harassment And Bridging Core Concepts Of Bakke In The #Metoo Era, Nancy Chi Cantalupo, William C. Kidder

Law Faculty Research Publications

No abstract provided.