Law and Race Commons^™

Lawyers V. Educators: Changing Perceptions Of Desegregation In Public Higher Education, Jean Preer

North Carolina Central Law Review

No abstract provided.

Bakke, Weber And Mr. Justice Stewart: Constitutional Theory And Affirmative Action, Albert Broderick

North Carolina Central Law Review

No abstract provided.

Clash In The Classroom, David L. Chambers

Reviews

David L. Chambers reviews two books covering Brown vs. Bakke in The Washington Post. Chambers discusses ‘The Bakke Case: Politics of Inequality’ by Joel Dreyfuss and Charles Lawrence III, and ‘From Brown to Bakke: The Supreme Court and School Integration’ by J. Harvie Wilkinson.

Slavery, Race, And The Criminal Law In Antebellum North Carolina: A Reconsideration Of The Thomas Ruffin Court, Patrick S. Brady

North Carolina Central Law Review

No abstract provided.

Beyond Bakke: The Constitution And Redressing The Social History Of Racism, Robert Allen Sedler

Law Faculty Research Publications

No abstract provided.

South Africa: Using The Law To Establish And Maintain A Pigmentocracy, Rex S. Heinke

Michigan Law Review

A Review of Human Rights and the South African Legal Order by John Dugard

Racial Prejudice And Scholarly Prejudice: New Confrontations At The Selma Bridge, J. Mills Thornton Iii

Michigan Law Review

A Review of Protest at Selma: Martin Luther King, Jr., and the Voting Rights Act of 1965 by David J. Garrow

The Changing, But Not Declining, Significance Of Race, Thomas F. Pettigrew

Michigan Law Review

A Review of The Declining Significance of Race: Blacks and Changing American Institutions by William Julius Wilson

The Constitution And School Desegregation: The Nature Of The Substantive Right, Robert Allen Sedler

Law Faculty Research Publications

No abstract provided.

Book Review: In The Matter Of Color: Race & The American Legal Process-The Colonial Period. By Leon Higgenbotham, Jr. , 12 J. Marshall J. Prac. & Proc. 731 (1979), Robert Kratovil

UIC Law Review

No abstract provided.

What Does Bakke Require Of Law Schools? The Salt Board Of Governors Statement, Howard Lesnick

Statements

In 1979, Professor Lesnick wrote a statement for the Board of Governors of the Society of American Law Teachers after the Supreme Court's decision in University of California v. Bakke, 438 U.S. 265 (1978). The question addressed in the statement is: What changes (if any) in minority-admissions programs are university law schools now obligated to make to comply with the Supreme Court's decision in Bakke?

A Prison And A Prisoner: The Provincial's View, Emily Calhoun

Publications

No abstract provided.

Bakke As Precedent: Does Mr. Justice Powell Have A Theory, Vincent A. Blasi

Faculty Scholarship

What does it all mean? The Supreme Court's decision in Regents of the University of California v. Bakke invites assessment at many levels. Was it really a "Solomonic compromise" worthy of our constitutional tradition, as some prominent scholars have suggested? Or does the decision represent, as I believe it does, a disturbing failure by the Court to discharge its responsibility to give coherent, practical meaning to our most important constitutional ideals? Does the uncharacteristically opaque and simplistic opinion of Justice Stevens mask deep divisions and ambivalences among the four justices who subscribed to it? Can there be any validity to …

Affirmative Action And The Harvard College Diversity-Discretion Model: Paradigm Or Pretext?, Alan M. Dershowitz, Laura Hanft

Cardozo Law Review

No abstract provided.

The Unresolved Problems Of Reverse Discrimination, Kent Greenawalt

Faculty Scholarship

The current widespread use of remedial affirmative action programs makes the legitimacy of reverse discrimination a pragmatic social concern. That alone, however, would not explain the intense interest generated by Regents of the University of California v. Bakke. The question posed in the case compels our attention because it forces a choice between two values that occupy a high place in the liberal conception of justice and claim substantial support in the equal protection clause. On the one hand, justice requires that groups that have previously suffered gross discrimination be given truly equal opportunity in American life; on the other, …

Comment: Race, Property Rights, And The Economic Consequences Of Reconstruction, Robert B. Jones

Vanderbilt Law Review

Professors Haws and Namorato are to be praised for their pioneer work in studying the operation of a county court system in the Reconstruction era. They break new historical ground in this effort that has the potential for greatly contributing to the study of the legal history of the South. More scholars must engage in this endeavor if the field of legal history is to reach its full maturity. While their efforts are to be complimented it must be pointed out, however, that they generally fail to make their case in this Article. They do not show a significant link …

The Referendum: Democracy's Barrier To Racial Equality, Derrick A. Bell, Jr.

Washington Law Review

To criticize the trend toward direct democracy appears reactionary, if not un-American. Yet, as suggested earlier, the growing reliance on the referendum and initiative poses a threat to individual rights in general and in particular creates a crisis for the rights of racial and other discrete minorities. This article seeks to explain why this is so and how courts might use existing constitutional principles to recognize legitimate interests in direct legislation, yet protect minority rights against majoritarian abuse.

Ted Smedley And The Law School, John W. Wade

Vanderbilt Law Review

Ted Smedley had been a member of the faculty at Washington and Lee for eighteen years when he accepted our invitation to come to Vanderbilt. We wanted him to become Director of the Race Relations Law Reporter and to teach some of his customary courses. His coming may well have been the most felicitous occurrence for the school in the 1950's... Ted's work in the field of race relations extended beyond publishing the Reporter. He also taught a seminar on varying aspects of the field some five or six times and gave addresses and informal talks on the subject to …

Racial Vote Dilution In Multimember Districts: The Constitutional Standard After Washington V. Davis, Michigan Law Review

Michigan Law Review

This Note argues that the effect-oriented standard for multimember-district vote-dilution claims is unaffected by the Washington intent requirement. Part I outlines the manner in which multimember districts can dilute minority voting strength. After summarizing Washington's intent requirement, Part II surveys the post-Washington vote dilution cases and demonstrates that the applicability of the intent standard to vote dilution claims is uncertain. Part III first suggests two ways in which White and Washington may be reconciled. That section then argues that White is unaffected by the intent requirement because the standard for vote dilution fits within a fundamental interest analysis …

Discussion Of Papers Presented By Nathaniel R. Jones And Daniel D. Polsby, Robert Allen Sedler

Law Faculty Research Publications

Comments on Metropolitan Desegregation and the Courts

The Expansion Of Federal Jurisdiction And The Crisis In The Courts, Harry Phillips

Vanderbilt Law Review

Diversity jurisdiction has undergone intensive scrutiny and criticism for many years, with some commentators advocating repeal, and others urging retention. Among the critics of diversity jurisdiction are some of the legal profession's most prominent members. Roscoe Pound, Louis D. Brandeis, and Charles William Eliot were members of a committee that questioned diversity jurisdiction as long ago as 1914, and Senator George W. Norris of Nebraska led the Senate Judiciary Committee in recommending repeal of diversity jurisdiction in 1928. In 1954, Associate Justice Felix Frankfurter, an ardent foe of diversity jurisdiction, referred to "the mounting mischief inflicted on the federal judicial …

The Race, Class And Housing Conundrum: A Rationale And Proposal For A Legislative Policy Of Suburban Inclusion, Charles E. Daye

North Carolina Central Law Review

No abstract provided.

Judicial Protection Of Minorities, Terrance Sandalow

Articles

In United States v. Carolene Products Co., Justice Stone suggested by indirection that there "may be narrower scope for operation of the presumption of constitutionality" when courts are called upon to determine the validity "of statutes directed at particular religious . . . or national . . . or racial minorities."' In such cases, he explained, "prejudice against discrete and insular minorities may be a special condition, which tends seriously to curtail the operation of those political processes ordinarily to be relied upon to protect minorities, and which may call for a correspondingly more searching judicial inquiry."' Forty years later, …

Discretionary Decision-Making In The Criminal Justice System And The Black Offender: Some Alternatives, Taunya Lovell Banks

Faculty Scholarship

No abstract provided.

Discretionary Justice And The Black Offender, Taunya Lovell Banks

Faculty Scholarship

No abstract provided.

Racial Preference, Reality And The Constitution: Bakke V. Regents Of The University Of California, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.

Racial Preferences In Higher Education: Political Responsibility And The Judicial Role, Terrance Sandalow

Book Chapters

... Professors John Hart Ely and Richard Posner have established diametrically opposed positions in the debate. Their contributions are of special interest because each undertakes to answer the question within the framework of a theory concerning the proper distribution of authority between the judiciary and the other institutions of government

...Professor Ely [see pp. 208-216, herein] defends the constitutionality of racial preferences, essentially on the ground that the equal-protection clause should not be read to prevent a majority from discriminating between itself and a minority only to its own disadvantage. The predicate for an active judicial role is lacking, ... …

Book Review: Graglia, Disaster By Decree, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.

A New Dimension In Equal Protection?, Theodore J. St. Antoine

Articles

Two of America's most cherished values will collide head-on this year, when the U.S. Supreme Court comes to grips with the most significant civil rights suit since the school desegregation cases of 1954. Arrayed on one side is the principle of governmental "color-blindness," the appealing notion that the color of a person's skin should have nothing to do with the distribution of benefits or burdens by the state. Set against it is the goal of a truly integrated society and the tragic realization that this objective cannot be achieved within the foreseeable future unless race and color are taken into …

The Thirteenth And Fourteenth Amendments: Constitutional Authority For Federal Legislation Against Private Sex Discrimination, Emily Calhoun

Publications

No abstract provided.