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Full-Text Articles in Law
Engineering The Endgame, Ellen D. Katz
Engineering The Endgame, Ellen D. Katz
Michigan Law Review
This Article explores what happens to longstanding remedies for past racial discrimination as conditions change. It shows that Congress and the Supreme Court have responded quite differently to changed conditions when they evaluate such remedies. Congress has generally opted to stay the course, while the Court has been more inclined to view change as cause to terminate a remedy. The Article argues that these very different responses share a defining flaw, namely, they treat existing remedies as fixed until they are terminated. As a result, remedies are either scrapped prematurely or left stagnant despite dramatically changed conditions. The Article seeks …
Voting Rights Act Section 2: Racially Polarized Voting And The Minority Community's Representative Of Choice, Evelyn Elayne Shockley
Voting Rights Act Section 2: Racially Polarized Voting And The Minority Community's Representative Of Choice, Evelyn Elayne Shockley
Michigan Law Review
A much needed congressional effort to give substance to African-American suffrage resulted in the enactment of the Voting Rights Act of 1965 (the Act). Although the fifteenth amendment gave African-American men the right to vote in 1870, almost a hundred years later they were still largely unable to exercise the right. This condition did not result from apathy on the part of African-American voters, but rather from their inability to overcome barriers set up by white racists. Practices whites instituted, such as "[l]iteracy and 'understanding' tests, poll taxes, the white primary, intimidation, [and] violence," prevented African-Americans from realizing their constitutional …
The Limits Of Litigation: Putting The Education Back Into Brown V. Board Of Education, T. Alexander Aleinikoff
The Limits Of Litigation: Putting The Education Back Into Brown V. Board Of Education, T. Alexander Aleinikoff
Michigan Law Review
A Review of Shades of Brown: New Perspectives on School Desegregation edited by Derrick Bell
Trial And Error: The Detroit School Segregation Case, Michigan Law Review
Trial And Error: The Detroit School Segregation Case, Michigan Law Review
Michigan Law Review
A Review of Trial and Error: The Detroit School Segregation Case by Eleanor P. Wolf
Strict Construction And Judicial Review Of Racial Discrimination Under The Equal Protection Clause: Meeting Raoul Berger On Interpretivist Grounds, Paul R. Dimond
Michigan Law Review
In the face of this common understanding of the vagueness of much of the constitutional text, Berger bears the burden of proving that the equal protection clause was intended to enumerate specific, narrow protections against racial discrimination. This Article examines several contemporary sources to determine whether he has accomplished that task. It proceeds in six parts. Part I analyzes the text of the fourteenth amendment and contemporaneous congressional views on judicial review. Contrary to Berger's construction, the equal protection clause is not limited by its terms to the privileges or immunities clause or to the specific rights enumerated in the …
Racial Vote Dilution In Multimember Districts: The Constitutional Standard After Washington V. Davis, Michigan Law Review
Racial Vote Dilution In Multimember Districts: The Constitutional Standard After Washington V. Davis, Michigan Law Review
Michigan Law Review
This Note argues that the effect-oriented standard for multimember-district vote-dilution claims is unaffected by the Washington intent requirement. Part I outlines the manner in which multimember districts can dilute minority voting strength. After summarizing Washington's intent requirement, Part II surveys the post-Washington vote dilution cases and demonstrates that the applicability of the intent standard to vote dilution claims is uncertain. Part III first suggests two ways in which White and Washington may be reconciled. That section then argues that White is unaffected by the intent requirement because the standard for vote dilution fits within a fundamental interest analysis …
Corporations-Nonprofit Corporations-Expulsion Of Member By Board Of Directors, Paul W. Eaton, Jr.
Corporations-Nonprofit Corporations-Expulsion Of Member By Board Of Directors, Paul W. Eaton, Jr.
Michigan Law Review
The board of directors of defendant, a nonprofit corporation, passed a resolution that persons should not be denied membership on racial, religious or political grounds. Plaintiff, a branch member of defendant, had enacted by-laws denying Negroes admission to its group. Defendant's board declared plaintiff's by-laws were in conflict with the resolution and threatened to expel plaintiff branch if its by-laws were not amended. Plaintiff brought suit to enjoin defendant from carrying out its threat. Held, injunction granted. No national by-law required admission of all races to membership in branches, nor did the national directors have power to expel a …