Open Access. Powered by Scholars. Published by Universities.®

Law and Race Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 4 of 4

Full-Text Articles in Law and Race

The Impact Of Columbus Board Of Education V. Penick And Dayton Board Of Education V. Brinkman On Proving Segregative Intent In School Desegregation Cases, Bernadine S. Balance Oct 1980

The Impact Of Columbus Board Of Education V. Penick And Dayton Board Of Education V. Brinkman On Proving Segregative Intent In School Desegregation Cases, Bernadine S. Balance

North Carolina Central Law Review

No abstract provided.


Local Taxes, Federal Courts, And School Desegregation In The Proposition 13 Era, Michigan Law Review Feb 1980

Local Taxes, Federal Courts, And School Desegregation In The Proposition 13 Era, Michigan Law Review

Michigan Law Review

This Note examines a federal court's dilemma when the remedy of school desegregation collides with the trend of tax limitation - when a school desegregation order requires funds that the local school authorities do not have and cannot raise. Can the district court order a local tax levy to fund school desegregation when the school authorities have already reached their maximum taxing limit? Is there a better alternative remedy?

To tackle those questions, this Note first elucidates three equitable principles to guide courts in fashioning desegregation decrees. It then explores the history of judicial power to order state and local …


Racial Preference And The Constitution: The Societal Interest In The Equal Participation Objective, Robert Allen Sedler Jan 1980

Racial Preference And The Constitution: The Societal Interest In The Equal Participation Objective, Robert Allen Sedler

Law Faculty Research Publications

No abstract provided.


Minority Preferences In Law School Admissions, Terrance Sandalow Jan 1980

Minority Preferences In Law School Admissions, Terrance Sandalow

Book Chapters

In addressing the subject of "reverse discrimination," I want to caution at the outset against permitting the use of the word "discrimination" to prejudice consideration of the subject. "Discrimination" has, in recent years, become a bad word. It tends to be used as a shorthand for "unjustifiably unequal treatment." In its original and still proper meaning, however, the word is quite neutral. Discrimination merely means differentiation. It comes from a Latin word that means "to distinguish." Accordingly, when we discriminate-i.e., when we differentiate or distinguish-among people, the propriety of our action depends upon the reasons that we have acted as …