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Articles 1 - 18 of 18
Full-Text Articles in Law
The Rhetoric Of Equality, Neal Devins
Righting Past Wrongs: When Affirmative Action May Be Reverse Discrimination, Neal Devins
Righting Past Wrongs: When Affirmative Action May Be Reverse Discrimination, Neal Devins
Neal E. Devins
No abstract provided.
Philadelphia Plan, Neal Devins
Reinventing Bakke, Alan J. Meese
Judicial Review And Nongeneralizable Cases, Neal Devins, Alan J. Meese
Judicial Review And Nongeneralizable Cases, Neal Devins, Alan J. Meese
Alan J. Meese
No abstract provided.
Bakke Betrayed, Alan J. Meese
Explaining Grutter V. Bollinger, Neal Devins
Group Versus Individuals, Neal Devins
Affirmative Action After Reagan, Neal Devins
Adarand Constructors, Inc. V. Pena And The Continuing Irrelevance Of Supreme Court Affirmative Action Decisions, Neal Devins
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
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
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
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
Racial Indirection, Yuvraj Joshi
Yuvraj Joshi
Panel 4: Criminal Procedure And Affirmative Action
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
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
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
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.