Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Affirmative action (2)
- Discrimination (2)
- Minorities (2)
- Race and law (2)
- United States Supreme Court (2)
-
- Adarand Constructors Inc. v. Pena (1)
- African Americans (1)
- Colorblindness (1)
- Constitution (1)
- Equal protection (1)
- Fourteenth amendment (1)
- Japanese Internment in World War II (1)
- Korematsu v. United States (1)
- Law school admission (1)
- Racial discrimination (1)
- Racial minorities (1)
- Racism (1)
- Scotus (1)
- Standards of review (1)
- Strict scrutiny (1)
- Supreme court (1)
- United States v. Carolene Products Co. (1)
- Women (1)
- Publication
- Publication Type
Articles 1 - 4 of 4
Full-Text Articles in Law and Race
The Constitution And Racial Preference In Law School Admissions, Robert A. Sedler
The Constitution And Racial Preference In Law School Admissions, Robert A. Sedler
Law Faculty Research Publications
No abstract provided.
The Legacy Of Korematsu V. United States: A Dangerous Narrative Retold, Dean M. Hashimoto
The Legacy Of Korematsu V. United States: A Dangerous Narrative Retold, Dean M. Hashimoto
Dean M. Hashimoto
No abstract provided.
The Evolution Of Race In The Law: The Supreme Court Moves From Approving Internment Of Japanese Americans To Disapproving Affirmative Ation For African Americans, Reggie Oh, Frank Wu
The Evolution Of Race In The Law: The Supreme Court Moves From Approving Internment Of Japanese Americans To Disapproving Affirmative Ation For African Americans, Reggie Oh, Frank Wu
Michigan Journal of Race and Law
As the Court suggests, the Korematsu precedent is crucial to the Adarand decision. In Adarand, the Court analyzes Korematsu in depth, acknowledging that its own judgment had been mistaken in the internment cases, instead of simply citing the decisions as it formally had done until the very recent past. The Court nevertheless fails to appreciate the differences between Korematsu and Adarand, and in particular the consequences of using "strict scrutiny" for all racial classifications. This essay explores the complex relation-ship between Korematsu and Adarand, and offers a critique of the reasoning used in both cases. The essay …
Reconsidering Strict Scrutiny Of Affirmative Action, Brent E. Simmons
Reconsidering Strict Scrutiny Of Affirmative Action, Brent E. Simmons
Michigan Journal of Race and Law
Under the artificial constraints of strict scrutiny, however, the courts are free to veto the government's choice of more effective, race-conscious means. The Supreme Court's unfortunate and ill-conceived adoption of strict scrutiny as the constitutional standard for reviewing race-conscious affirmative action should be reconsidered for several reasons. This Article examines those reasons.