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Articles 1 - 4 of 4
Full-Text Articles in Law and Race
The Unwelcome Judicial Obligation To Respect Politics In Racial Gerrymandering Remedies, Jeffrey L. Fisher
The Unwelcome Judicial Obligation To Respect Politics In Racial Gerrymandering Remedies, Jeffrey L. Fisher
Michigan Law Review
Like it or not, the attack on "bizarrely" shaped majority-minority electoral districts is now firmly underway. Nearly four years have passed since the Supreme Court first announced in Shaw v. Reno that a state's redistricting plan that is "so extremely irregular on its face that it rationally can be viewed only as an effort to segregate the races for purposes of voting" may violate the Equal Protection Clause. Such a district, the Court held, reinforces racial stereotypes, carries us further from the goal of a political system in which race no longer matters, and "threatens to undermine our system of …
Critical Race Praxis: Race Theory And Political Lawyering Practice In Post-Civil Rights America, Eric K. Yamamoto
Critical Race Praxis: Race Theory And Political Lawyering Practice In Post-Civil Rights America, Eric K. Yamamoto
Michigan Law Review
At the end of the twentieth century, the legal status of Chinese Americans in San Francisco's public schools turns on a requested judicial finding that a desegregation order originally designed to dismantle a system subordinating nonwhites now invidiously discriminates against Chinese Americans. Brian Ho, Patrick Wong, and Hilary Chen, plaintiffs in Ho v. San Francisco Unified School District, represent "all [16,000] children of Chinese descent" eligible to attend San Francisco's public schools. Their high-profile suit, filed by small-firm attorneys, challenges the validity of a 1983 judicial consent decree desegregating San Francisco's schools. Approved in response to an NAACP class action …
An Analysis Of The Supreme Court's Reliance On Racial "Stigma" As A Constitutional Concept In Affirmative Action Cases, Andrew F. Halaby, Stephen R. Mcallister
An Analysis Of The Supreme Court's Reliance On Racial "Stigma" As A Constitutional Concept In Affirmative Action Cases, Andrew F. Halaby, Stephen R. Mcallister
Michigan Journal of Race and Law
The Article's focus is confined to discussions of race-based affirmative action; it does not consider stigmatization arguments in the context of discrimination involving gender or disabilities, for example. Further, the Article's scope is limited to the stigmatization issue as between Whites and African Americans. Although similar issues exist with respect to other ethnic or racial groups, we view the White/African American paradigm as providing the clearest framework for analysis. Moreover, the cases of Plessy v. Ferguson and Brown v. Board of Education, joint progenitors of stigmatization as a concept having constitutional significance in interpreting the Equal Protection Clause of …
Race-Conscious Diversity Admissions Programs: Furthering A Compelling Interest, Marty B. Lorenzo
Race-Conscious Diversity Admissions Programs: Furthering A Compelling Interest, Marty B. Lorenzo
Michigan Journal of Race and Law
This Article argues that narrowly tailored, race-conscious admissions programs can be employed to achieve a more diverse student body and consequently a more enlightened and egalitarian society. An admissions body which looks beyond traditional academic indicators and explores the whole person of each applicant will matriculate a group of students with a wide variety of race, gender, class and other backgrounds, thereby fostering a robust exchange of ideas among these students. Pointing to the enduring precedential value of Bakke as well as the ideological makeup of the Supreme Court, this Article asserts that the Courts would likely uphold a program …