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Articles 121 - 134 of 134
Full-Text Articles in Education Law
Hopwood V. Texas: Strict In Theory Or Fatal In Fact, Leslie Yalof Garfield
Hopwood V. Texas: Strict In Theory Or Fatal In Fact, Leslie Yalof Garfield
Elisabeth Haub School of Law Faculty Publications
This article will examine the Hopwood decisions. Part II will review the factual and legal history behind the case. Part III will discuss the District, Circuit, and Supreme Court decisions. Finally, Part IV will critique these decisions and offer a view into the future for affirmative action admissions policies.
Squaring Affirmative Action Admissions Policies With Federal Judicial Guidelines: A Model For The Twenty-First Century, Leslie Y. Garfield
Squaring Affirmative Action Admissions Policies With Federal Judicial Guidelines: A Model For The Twenty-First Century, Leslie Y. Garfield
Elisabeth Haub School of Law Faculty Publications
This article will highlight the legal limitations law schools confront when adopting diversity admission policies in light of the new judicial climate that disfavors considering non-traditional race criteria in the admission decision process. Part I highlights the difficulty law schools face when trying to admit a fully diverse class under the traditional application process. Part II discusses the judicial response to voluntary diversity admission policies and other race-based preference policies and defines the appropriate standard for court review. Part III proposes a model diversity admission policy. Part IV analyzes this model policy under the Court's strict scrutiny test.
Hopwood: Was This The African-American Nightmare Or The African-American Dream?, Kevin D. Brown
Hopwood: Was This The African-American Nightmare Or The African-American Dream?, Kevin D. Brown
Articles by Maurer Faculty
No abstract provided.
An Evidentiary Framework For Diversity As A Compelling Interest In Higher Education, Kimberly J. Robinson
An Evidentiary Framework For Diversity As A Compelling Interest In Higher Education, Kimberly J. Robinson
Law Faculty Publications
This Note argues that if courts choose to reexamine evidence on the value of diversity in higher education, they should not apply the evidentiary requirements that the Supreme Court has applied to cases involving questions of past discrimination. Rather, courts should consider the unique nature of diversity in higher education and the protection afforded the academic context in which the evidence is considered and modify their review of the evidence presented accordingly. Furthermore, this Note argues that the interest of an institution of higher education16 in diversity is "compelling" in light of the evidence that a racially diverse student body …
Book Review. Behind Bakke: Affirmative Action And The Supreme Court By Bernard Schwartz, Daniel O. Conkle
Book Review. Behind Bakke: Affirmative Action And The Supreme Court By Bernard Schwartz, Daniel O. Conkle
Articles by Maurer Faculty
No abstract provided.
Foreword, Kimberlé W. Crenshaw
Foreword, Kimberlé W. Crenshaw
Faculty Scholarship
In 1987, I was honored to write the Foreword for a special issue on the National Black Law Journal. The special issue featured papers on race, racism and democracy written by students in a UCLA seminar that I had tailored to facilitate the production of publishable work by students. The state of legal education for African American students at the time was far from idyllic. Indeed, the Foreword was inspired by a host of events that I had witnessed both as a student and as a colleague that underscored the varied and subtle ways that race continued to marginalize students …
Bakke In Balance: Some Preliminary Thoughts, Robert M. O'Neil
Bakke In Balance: Some Preliminary Thoughts, Robert M. O'Neil
Articles by Maurer Faculty
No abstract provided.
More On The Bakke Decision, Robert M. O'Neil, Kenneth S. Tollett, David E. Feller, William Van Alstyne
More On The Bakke Decision, Robert M. O'Neil, Kenneth S. Tollett, David E. Feller, William Van Alstyne
Articles by Maurer Faculty
No abstract provided.
What Bakke Leaves To The States: Preliminary Thoughts, Robert M. O'Neil
What Bakke Leaves To The States: Preliminary Thoughts, Robert M. O'Neil
Articles by Maurer Faculty
No abstract provided.
Bakke Revisited - What The Court's Decision Means - And Doesn't Mean, Douglas D. Scherer
Bakke Revisited - What The Court's Decision Means - And Doesn't Mean, Douglas D. Scherer
Scholarly Works
No abstract provided.
Racially-Preferential Policies In Institutions Of Higher Education: State Action Limitations On 42 U.S.C. § 1983 Complaints, John Scanlan
Racially-Preferential Policies In Institutions Of Higher Education: State Action Limitations On 42 U.S.C. § 1983 Complaints, John Scanlan
Articles by Maurer Faculty
No abstract provided.
After Defunis: Filling The Constitutional Vacuum, Robert M. O'Neil
After Defunis: Filling The Constitutional Vacuum, Robert M. O'Neil
Articles by Maurer Faculty
No abstract provided.
School Desegregation And Affirmative Equitable Relief: Swann And Beyond
School Desegregation And Affirmative Equitable Relief: Swann And Beyond
Washington and Lee Law Review
No abstract provided.
Preferential Admissions: Equalizing The Access Of Minority Groups To Higher Education, Robert M. O'Neil
Preferential Admissions: Equalizing The Access Of Minority Groups To Higher Education, Robert M. O'Neil
Articles by Maurer Faculty
No abstract provided.