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- Race and law (3)
- United States Supreme Court (3)
- Minorities (2)
- Racism (2)
- Affirmative action (1)
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- City of Richmond v. J.A. Croson Co. (1)
- Correspondence (1)
- Equality (1)
- History (1)
- King (Martin Luther Jr.) (1)
- Legislative inaction (1)
- Minority business enterprises (1)
- Narrative (1)
- Patterson v. McLean Credit Union (1)
- Plessy v. Ferguson (1)
- Rhetoric (1)
- Runyon v. McCrary (1)
- Section 1981 (1)
- Segregation (1)
- Statutory interpretation (1)
- Strict scrutiny (1)
Articles 1 - 4 of 4
Full-Text Articles in Law and Race
Difference Made Legal: The Court And Dr. King, David Luban
Difference Made Legal: The Court And Dr. King, David Luban
Michigan Law Review
My aim in this essay is to contrast two legal retellings of the same event: a set of demonstrations sponsored by the Southern Christian Leadership Conference in Birmingham, Alabama in 1963 that led to the arrest and incarceration of Martin Luther King, Jr. One is the Supreme Court majority opinion in Walker v. City of Birmingham, sustaining King's conviction; the other, King's own defense of his actions in his Letter from Birmingham Jail I wish to show how the self-same event entails radically different legal consequences when it appears in different narratives, one the Supreme Court's official voice, the …
Decoding Richmond: Affirmative Action And The Elusive Meaning Of Constitutional Equality, Michel Rosenfeld
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 …
The Plessy Case: A Legal-Historical Interpretation, David D. Meyer
The Plessy Case: A Legal-Historical Interpretation, David D. Meyer
Michigan Law Review
A Review of The Plessy Case: A Legal-Historical Interpretation by Charles A. Lofgren
Legislative Inaction And The Patterson Case, Earl M. Maltz
Legislative Inaction And The Patterson Case, Earl M. Maltz
Michigan Law Review
In its October 1988 issue,1 the Michigan Law Review published a symposium on Patterson v. McLean Credit Union, a case in which the Supreme Court has requested reargument on the question of whether Runyon v. McCrary should be overruled or modified. Each of the three distinguished contributors to the symposium concludes that the Court should not overrule Runyon. In reaching this conclusion, Professor William N. Eskridge and Professor Daniel A. Farber rely heavily on the view that because Congress has recognized the existence of the Runyon doctrine and has refused to overrule the decision, the doctrine of stare decisis …