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Full-Text Articles in Law
Privileges, Immunities, And Affirmative Action In Medical Education, Gregory Curfman
Privileges, Immunities, And Affirmative Action In Medical Education, Gregory Curfman
Journal of Law and Health
In Students for Fair Admissions v. President & Fellows of Harvard College and Students for Fair Admissions v. University of North Carolina, the Supreme Court ruled that affirmative action in university admissions, in which an applicant of a particular race or ethnicity receives a plus factor, is unconstitutional. This ruling was based on both the Equal Protection Clause of the Fourteenth Amendment and Title VI of the Civil Rights Act of 1964. This article argues that a more natural fit as the basis for constitutional analysis would be a different clause in the Fourteenth Amendment, the Privileges or Immunities …
Dobbs And The Future Of Liberty And Equality, Kim Forde-Mazrui
Dobbs And The Future Of Liberty And Equality, Kim Forde-Mazrui
Cleveland State Law Review
This lecture critiques Dobbs v. Jackson Women’s Health Organization and assesses its implications for liberty and equality. Dobbs’ immediate effect was major disruption to abortion rights. In the longer term, by discarding fifty years of precedent and by basing constitutional rights exclusively on long-standing history and tradition, Dobbs jeopardizes liberty and equality rights that the Court has recognized in the late twentieth and early twenty-first centuries. Such modern liberty rights include contraception, interracial marriage, adult sexual intimacy and same-sex marriage. Modern equality rights include strong bars on discrimination based on race and sex, and moderate protections for LGBTQ+ status. …
The Future Of Minority Set-Aside Programs After City Of Richmond, Judy Kerczewski Kranjc
The Future Of Minority Set-Aside Programs After City Of Richmond, Judy Kerczewski Kranjc
Cleveland State Law Review
One type of controversial affirmative action plan is the minority set-aside program. This Note will focus on the future of these plans in the wake of the recent Supreme Court decision, City of Richmond v. J.A. Croson Co. First, an examination of the background of affirmative action leading up to set-asides is in order. Second, this Note will analyze City of Richmond and the constitutional and social issues at stake, balancing whether minority set-asides are needed with the recognition that discrimination and lack of economic opportunity for minorities still exists in our society. Finally, the Note will examine several lower …
Reconstructing Section Five Of The Fourteenth Amendment To Assist Impoverished Children, James Wilson
Reconstructing Section Five Of The Fourteenth Amendment To Assist Impoverished Children, James Wilson
Cleveland State Law Review
This article maintains that the Supreme Court's most recent affirmative action decisions, City of Richmond v. JA. Croson, Co. and Metro Broadcasting, Inc. v. F.C.C. provide a surprising opportunity for the Court to offer constitutional protection to many Americans who are currently under protected, particularly to poor children. This Article will argue that the Richmond/Metro double standard is acceptable in such difficult areas as affirmative action, particularly if the Court also adopts this Article's primary proposal that the Court should sometimes permit Congress to "dilute" Supreme Court decisions. This Article shall explore this proposed doctrine of limited dilution by applying …