Law Commons^™

Denial Of Tax Exempt Status For Racially Discriminatory Schools, Bob Jones University V. U.S., Margaret K. Cassidy

Akron Law Review

The extent to which the government may deny tax-exempt status in order to further its goal of eliminating racial discrimination is a question of paramount importance. The United States Supreme Court recently addressed this question in the case of Bob Jones University v. U.S., a consolidated action which involved a conflict between two established public policies: racial equality and religious freedom. The Court held that this nation's policy of racial equality overrides any interest that an educational and religious institution may have in promoting racial discrimination.

Affirmative Action: Alive And Well After Stotts, Ralph J. Conrad

Akron Law Review

This comment examines the current state of affirmative action in light of the special protection that the Supreme Court grants seniority systems. This comment also discusses the future of affirmative action and how the changes in affirmative action will affect collective bargaining agreements and consent decrees.

Batson V. Kentucky: Can The 'New' Peremptory Challenge Survive The Resurrection Of Strauder V. West Virginia?, Brian Wilson

Akron Law Review

It cannot be denied that our jury selection process has lent itself to invidious racial discrimination in the selection of jurors who ultimately decide the black defendant's guilt or innocence. This practice manifested itself in a line of decisions, beginning with Strauder v. West Virginia. The Strauder Court held that excluding qualified venirepersons on the basis of race violated the fourteenth amendment. However, the Supreme Court's refusal in Swain v. Alabama to subject petit jury peremptory challenges to constitutional scrutiny spawned much criticism from courts and commentators. As a result, the Court in Batson v. Kentucky decided to re-examine …

Giving Effect To Equal Protection: Adarand Constructors, Inc. V. Pena, Leslie Gentile

Akron Law Review

This Note will examine affirmative action jurisprudence, and explore the broader implications of the Court's present narrow course. Section II presents a brief historical background of the cases preceding Adarand, and traces the Court's fragmented approach to this issue and its deep divisiveness over the correct standard of review. Section IV examines the tension between the colorblind approach and the requirements of equal protection within the in escapable reality of our racist society. Finally, Section V calls for a focus by the Court on outcome, rather than a myopic fixation on process, toward the larger end of the realization of …

How To Establish Flying The Confederate Flag With The State As Sponsor Violates The Equal Protection Clause, L. Darnell Weeden

Akron Law Review

The issue to be addressed is whether it is constitutionally permissible under the Equal Protection Clause for a state to fly a Confederate flag over its state capitol dome or other public property.

Like many of the South’s ghosts of the past slavery, racial discrimination, and race relations in general, the battle over the Confederate flag continues to impact national politics and rages on about the state of South Carolina. South Carolina is again the catalyst for a conflict about Southern Confederate values. South Carolina, the first state to secede from the Union and the only state where the Confederate …