Law and Race Commons^™

Decoding Richmond: Affirmative Action And The Elusive Meaning Of Constitutional Equality, Michel Rosenfeld

Michigan Law Review

This Article first briefly considers the conceptual and constitutional framework out of which the controversy in Croson emerges. Next, the Article turns to Croson itself, and focuses on the Court's adoption of the strict scrutiny test, on the disagreement among the Justices concerning the test's meaning and implications, and on the Court's use of decontextualization to manipulate the key conceptual and factual issues at stake. Finally, drawing upon the principle of equality of opportunity, the Article endeavors to demonstrate how the adoption of particular principles of substantive equality can lead to a comprehensive and coherent constitutional resolution of the affirmative …

No Call To Glory: Thurgood Marshall's Thesis On The Intent Of A Pro-Slavery Constitution, Raymond T. Diamond

Vanderbilt Law Review

Thurgood Marshall sits as an Associate Justice on the United States Supreme Court, the only black person ever to do so. Before taking that office he served as the Solicitor General of the United States and as a judge on the United States Court of Appeals for the Second Circuit. In these offices he has been called upon to bring his powers of judgment to bear on a multitude of matters concerning this Nation's Constitution. His views on the Constitution, therefore, cannot be easily dismissed.

The 200th anniversary of the Constitution was not only a time of celebration, but also …