Law Commons^™

Reform, Retrench, Repeat: The Campaign Against Critical Race Theory, Through The Lens Of Critical Race Theory, Vivian E. Hamilton

William & Mary Journal of Race, Gender, and Social Justice

The protest movement ignited by the 2020 murder of George Floyd was of a scale unprecedented in U.S. history. The movement raised the nation’s consciousness of racial injustices and spurred promises—and the beginnings—of justice-oriented reform. Reform and racial progress, however, have rarely been linear over the course of U.S. history. Instead, they typically engender resistance and retrenchment. The response to the current justice movement is no exception. One manifestation of the retrenchment has been a rush by states to enact legislation curtailing race-related education in government workplaces and in public schools, colleges, and universities.

These legislative measures purport to prevent …

Schuette And Antibalkanization, Samuel Weiss, Donald Kinder

William & Mary Bill of Rights Journal

In Schuette v. Coalition to Defend Affirmative Action, Justice Kennedy’s controlling plurality revised the political process doctrine and ended the practice of affirmative action in Michigan. In this opinion, Kennedy followed in the Court’s tradition of invoking antibalkanization values in equal protection cases, making the empirical claims both that antibalkanization motivated the campaign to end affirmative action in Michigan and that the campaign itself would, absent judicial intervention, have antibalkanizing effects.

Using sophisticated empirical methods, this Article is the first to examine whether the Court’s claims on antibalkanization are correct. We find they are not. Support for the Michigan …

The "Middle Ground" Perspective On The Expropriation Of Indian Lands, Eric Kades

Faculty Publications

No abstract provided.

Affirmative Actions, William W. Van Alstyne

Faculty Publications

Liberals and progressives have been slow to realize that their preferred vocabulary has been hijacked and that when they respond to once hallowed phrases they are responding to a ghost now animated by a new machme. The point is not a small one, for in any debate, especially one fought in the arena of public opinion, the battle is won not by knock-down arguments but by the party that succeeds in placing its own spin on the terms presiding over the discussion.

Book Review Of But For Birmingham: The Local And National Movements In The Civil Rights Struggle, Davison M. Douglas

Faculty Publications

No abstract provided.

Justifying Racial Reform, Davison M. Douglas

Faculty Publications

No abstract provided.

Section 3: The Court And Race Relations, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Black People In White Face: Assimilation, Culture, And The Brown Case, Jerome Mccristal Culp Jr.

William & Mary Law Review

No abstract provided.

Brown On White College Campuses: Forty Years Of Brown V. Board Of Education, J. Clay Smith, Lisa C. Wilson

William & Mary Law Review

No abstract provided.

The Quest For Freedom In The Post-Brown South: Desegregation And White Self-Interest, Davison M. Douglas

Faculty Publications

No abstract provided.

Book Review Of Race, Law, And American History, 1700-1990, Davison M. Douglas

Faculty Publications

No abstract provided.