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Full-Text Articles in Social and Behavioral Sciences
Evading A Race-Conscious Constitution, Cara Mcclellan
Evading A Race-Conscious Constitution, Cara Mcclellan
All Faculty Scholarship
The idea of a “colorblind” Constitution is front and center in cases before the Supreme Court this term, including Students for Fair Admissions v. President & Fellows of Harvard College, and Students for Fair Admissions v. University of North Carolina (UNC). In these cases, the same plaintiff organization, Students for Fair Admissions (SFFA), has asked the Supreme Court to rule that the Equal Protection Clause and Title VI of the Civil Rights Act of 1964 prohibit universities from considering race as one of many factors in admissions to pursue the educational benefits that flow from diversity. In support …
Lawyers For White People?, Jessie Allen
Lawyers For White People?, Jessie Allen
Articles
This article investigates an anomalous legal ethics rule, and in the process exposes how current equal protection doctrine distorts civil rights regulation. When in 2016 the ABA Model Rules of Professional Conduct finally adopted its first ever rule forbidding discrimination in the practice of law, the rule carried a strange exemption: it does not apply to lawyers’ acceptance or rejection of clients. The exemption for client selection seems wrong. It contradicts the common understanding that in the U.S. today businesses may not refuse service on discriminatory grounds. It sends a message that lawyers enjoy a professional prerogative to discriminate against …
The Mere Mention Of Asians In Affirmative Action, Jennifer Lee, Van C. Tran
The Mere Mention Of Asians In Affirmative Action, Jennifer Lee, Van C. Tran
Publications and Research
Presumed competent, U.S. Asians evince exceptional educational outcomes but lack the cultural pedigree of elite whites that safeguard them from bias in the labor market. In spite of their nonwhite minority status, Asians also lack the legacy of disadvantage of blacks that make them eligible beneficiaries of affirmative action. Their labor market disadvantage coupled with their exclusion from affirmative action programs place Asians in a unique bind: do they support policies that give preferences to blacks but exclude them? Given their self- and group interests, this bind should make Asians unlikely to do so. We assess whether this is the …
When Ivory Towers Were Black: A Story About Race In America's Cities And Universities [Table Of Contents & Introduction], Sharon Egretta Sutton
When Ivory Towers Were Black: A Story About Race In America's Cities And Universities [Table Of Contents & Introduction], Sharon Egretta Sutton
Education
When Ivory Towers Were Black lies at the potent intersection of race, urban development, and higher education. It tells the story of how an unparalleled cohort of ethnic minority students earned degrees from a world-class university. The story takes place in New York City at Columbia University’s School of Architecture and spans a decade of institutional evolution that mirrored the emergence and denouement of the Black Power Movement. Chronicling a surprisingly little-known era in U.S. educational, architectural, and urban history, the book traces an evolutionary arc that begins with an unsettling effort to end Columbia’s exercise of authoritarian power on …
Fisher V. Ut Austin - Contextualized Brief, Lauren H. Sobotka
Fisher V. Ut Austin - Contextualized Brief, Lauren H. Sobotka
Student Publications
Contextualization of the 2013 Supreme Court case, Fisher v. University of Texas at Austin, in which Abigail Fisher was denied admission. This paper also analyzes past Court cases dealing with affirmative action in the admissions process.
A "Milwaukee Plan" For Construction Trade Apprenticeships? Workforce Challenges For 2014, Lois M. Quinn, John Pawasarat
A "Milwaukee Plan" For Construction Trade Apprenticeships? Workforce Challenges For 2014, Lois M. Quinn, John Pawasarat
ETI Publications
In 1970 the Labor Department called for a “Milwaukee Plan” that over five years would bring the number of African Americans employed in skilled construction jobs proportional to their percentage of the population (i.e. 11-12% in the city of Milwaukee and 6-7% in the four-county area). As an alternative, the Milwaukee Building and Construction Trades Council worked with the Milwaukee Urban League to create a Labor Education Advancement Program (LEAP) that helped bring 104 African American apprentices (or 9% of the total) into the trades as of 1973. In the past forty years the minority population of the Milwaukee metro …
Who's Building Milwaukee? Race/Ethnicity Of Employees In The Largest Construction Firms In The Milwaukee Area, Lois M. Quinn
Who's Building Milwaukee? Race/Ethnicity Of Employees In The Largest Construction Firms In The Milwaukee Area, Lois M. Quinn
ETI Publications
The U.S. Equal Employment Opportunities Commission requires private companies with 100 or more workers to report annually on the race/ethnicity and gender of their workforce by ten occupational groupings. The EEOC summaries of this data for the four-county Milwaukee metropolitan area help measure the economic health of the construction industry as well as the commitment of the largest firms to hiring of African American, Hispanic and other minority workers. The report focuses on the race/ethnicity of employees in the blue collar occupational areas (skilled craft workers, semi-skilled operatives including apprentices, and unskilled laborers) and at the executive and managerial levels. …
Building On African American Assets: Resource Data For The One Mke Summit, Lois M. Quinn
Building On African American Assets: Resource Data For The One Mke Summit, Lois M. Quinn
ETI Publications
The ONE MKE Summit has raised important concerns about who defines the assets of Milwaukee neighborhoods and where the considerable income of residents in central city neighborhoods is spent. This paper, prepared for the NAACP Young Adult Committee and the African American Chamber of Commerce, details Census Bureau American Community Survey five-year estimates for 2011 by zip code and race to help describe concentrations of income for African Americans. Purchasing power profiles prepared from the 2000s are included to show the comparative advantages of urban neighborhoods with dense housing and large numbers of workers. African American residents of Milwaukee County …
Who's Training Milwaukee's Future Builders? Race/Ethnicity Of Construction Trade Apprentices In The Milwaukee Area, Lois M. Quinn
Who's Training Milwaukee's Future Builders? Race/Ethnicity Of Construction Trade Apprentices In The Milwaukee Area, Lois M. Quinn
ETI Publications
This report provides racial/ethnicity and gender data on apprentices by construction trade joint apprenticeship committee, based on data from the Wisconsin Department of Workforce Development Bureau of Apprenticeship Standards. Part One examines hiring patterns of 15 union joint apprenticeship committees serving the Milwaukee area with report cards provided for 217 contractors with apprentices. Part Two identifies the apprentice levels sponsored by 120 union contractors through the statewide Wisconsin Operating Engineers Joint Apprenticeship Committee. Part Three analyzes the apprenticeship patterns for 81 non-union contractors with apprentices through the Associated Builders & Contractors of WI-Waukesha Joint Apprenticeship Committee. The data are provided …
23,639 Milwaukee County Residents With Driver's License Suspensions Solely For Failure To Pay Fines And Civil Forfeitures, John Pawasarat
23,639 Milwaukee County Residents With Driver's License Suspensions Solely For Failure To Pay Fines And Civil Forfeitures, John Pawasarat
ETI Publications
Thousands of adults in Milwaukee County have suspensions placed on their driver’s licenses solely for not paying fines and civil forfeitures. Younger teens may be issued license suspensions for failure to pay fines and civil forfeitures even though they have never had a driver’s license. Many teens and adults with suspensions continue to drive with or without a valid license. For this report the driver license status of all Milwaukee County residents was reviewed using state Department of Transportation records on driver’s license status, licenses suspension and revocation records for 2008-2011 in order to assess the driver status facing workers …
Fisher V. Grutter, Girardeau A. Spann
Fisher V. Grutter, Girardeau A. Spann
Georgetown Law Faculty Publications and Other Works
There is no reason for the Supreme Court to have granted certiorari in Fisher v. University of Texas at Austin. Unless, of course, the Court plans to overrule Grutter v. Bollinger—the case on which the Texas affirmative action plan at issue in Fisher was based. If that is its plan, the Court can invalidate the Texas program on some narrow ground that masks the magnitude of what it is doing. Or it can explicitly overrule Grutter—a case that no longer commands majority support on a Supreme Court whose politics of affirmative action has now been refashioned by …
Whatever, Girardeau A. Spann
Whatever, Girardeau A. Spann
Georgetown Law Faculty Publications and Other Works
The author cannot say that she disagrees with any of the analytical observations made by her co-contributors to this roundtable discussion of Fisher v. University of Texas at Austin. They all agree that the Supreme Court plans to use the case as an occasion to do something noteworthy to the constitutionality of affirmative action. And they all agree that the Court’s actions are likely to provide more comfort to opponents than to proponents of racial diversity. Their views diverge only with respect to doctrinal details about what the Court could or should do. But in translating the racial tensions …
Analysis Of Affirmative Action Plans Adopted By Milwaukee Area Joint Apprenticeship Committees, Lois M. Quinn
Analysis Of Affirmative Action Plans Adopted By Milwaukee Area Joint Apprenticeship Committees, Lois M. Quinn
ETI Publications
In 2006 and 2010, the state Bureau of Apprenticeship Standards provided copies of the affirmative action plans adopted by Milwaukee area local joint apprenticeship committees (JACs) in response to an open records law request from the NAACP Milwaukee Branch. This paper examines the documents provided to the NAACP in light of standards established by federal and state regulations governing construction trade apprenticeship programs. A brief summary is also included of the federal code of regulations (29 CFR 30) and the Wisconsin Administrative Code (DWD 296) governing affirmative action requirements for apprenticeship sponsors.
Losing Ground: 2010 Report Card On Apprentices In The Construction Trades, Lois M. Quinn
Losing Ground: 2010 Report Card On Apprentices In The Construction Trades, Lois M. Quinn
ETI Publications
This report provides racial/ethnicity and gender data on apprentices by construction trade joint apprenticeship committee, as of January 2010, based on data provided to the NAACP – Milwaukee Branch by the Wisconsin Department of Workforce Development Bureau of Apprenticeship Standards. The hiring patterns of 16 union joint apprenticeship committees serving the Milwaukee area are analyzed and report cards provided for 341 contractors with apprentices. A second analysis examines the hiring patterns of 102 nonunion contractors with apprentices. This is the third report prepared by the NAACP and ETI to track hiring and training of apprentices in the construction trades. Construction …
Race, Merit, And College Admissions, Luke S. Tripp
Race, Merit, And College Admissions, Luke S. Tripp
Ethnic and Women's Studies Working Papers
Is it fair to include race in the criteria for admission to highly selective colleges and universities so that Blacks will be present in greater numbers on college and university campuses? This is a central question in the affirmative-action controversy. To address this key question we will focus on prestigious institutions of higher education because that is where affirmative action policies are most controversial. Therefore, we will consider some of the most compelling arguments of opponents and proponents of affirmative action programs and policies at prestigious colleges and universities.
Who Gets Construction Jobs And Where? Employment Of African Americans, Hispanics And Total Minorities In The Construction Industry And Construction Trades In The Milwaukee Msa, John Pawasarat, Lois M. Quinn
Who Gets Construction Jobs And Where? Employment Of African Americans, Hispanics And Total Minorities In The Construction Industry And Construction Trades In The Milwaukee Msa, John Pawasarat, Lois M. Quinn
ETI Publications
This report uses three decades of U.S. Census data to assess employment patterns by race/ethnicity in the construction sector and construction trades in the City of Milwaukee, Milwaukee County, and the four-county Milwaukee MSA. Historical participation of African Americans and Hispanics in construction occupations are tracked for 1980, 1990 and 2000, using Census Special Equal Employment Opportunity (EEO) Tabulation files. Worksite analysis and maps using Census 2000 place-of-work data only recently made available show where whites, African Americans, and Hispanic workers are employed. Worksite employment is analyzed using place-of-work special tables from the Census Transportation Planning Package (CTPP2000), released in …
Report Card On Minority And Female Participation In Construction Trade Apprentices In The Milwaukee Area: Who's In The Pipeline For Skilled Construction Trades, Lois M. Quinn, Ruth Zubrensky
Report Card On Minority And Female Participation In Construction Trade Apprentices In The Milwaukee Area: Who's In The Pipeline For Skilled Construction Trades, Lois M. Quinn, Ruth Zubrensky
ETI Publications
This report provides racial/ethnicity and gender data on apprentices in the construction trades in the Milwaukee metro area from 1999 to 2005. The data has been supplied by the Wisconsin Department of Workforce Development (DWD) Bureau of Apprenticeship Standards (BAS). The report analyzes these records to drill down to the level of individual employers and joint apprenticeship committees, where decisions are made related to employment of apprentices. Report cards are provided for 475 Milwaukee area companies with construction trade apprentices, 14 Milwaukee and Waukesha area joint apprenticeship committees (JACs), one statewide committee, and one non-union program.
Re-Mapping Equal Protection Jurisprudence: A Legal Geography Of Race And Affirmative Action,, Reginald Oh
Re-Mapping Equal Protection Jurisprudence: A Legal Geography Of Race And Affirmative Action,, Reginald Oh
Law Faculty Articles and Essays
Oh argues that when the United States Supreme Court decided Richmond v. Croson in 1989 and imposed strict scrutiny on state and local government affirmative action programs, it marked a critical moment and turning point in the evolution and development of public and legal discourse on race, racism, and race relations in America. Although many scholars have critically examined the Croson opinion, curiously, scholars have yet to recognize its full ramifications and implications. Aside from the technical doctrinal changes made to equal protection law, the Croson decision is also important because of the way the Court produced and mapped a …
Brief 16: In Search Of Equity: An Institutional Response, New England Resource Center For Higher Education, University Of Massachusetts Boston
Brief 16: In Search Of Equity: An Institutional Response, New England Resource Center For Higher Education, University Of Massachusetts Boston
New England Resource Center for Higher Education Publications
The United States Supreme Judicial Court is currently deliberating the University of Michigan Affirmative Action lawsuits involving three white students who claim they were discriminated against because of race-conscious admissions policies. Organizations, such as the Center for Individual Rights, which sponsored the Michigan plaintiffs, and the Center for Equal Opportunity, have spearheaded drives to evaluate affirmative action programs in light of equal protection under the law. Viewed in this light, these policies appear to be unfair to white candidates. Examined more closely, concerns about equitability are missing from arguments about fairness. NERCHE’s Multicultural Affairs Think Tank members discussed the changed …
Sharing Space: Why Racial Goodwill Isn't Enough, Sharon E. Rush
Sharing Space: Why Racial Goodwill Isn't Enough, Sharon E. Rush
UF Law Faculty Publications
Racism is understood by most White people to be an attitude of prejudice toward Blacks. In contrast, Blacks define racism more inclusively; it is a system of institutional preferences for Whites, resulting from historically ingrained prejudices Whites have against Blacks. People of goodwill are disinclined to attribute racial connotations to ordinary, everyday negative interactions involving Whites and people of color as long as the Whites are people of goodwill (people who do not think they have prejudiced attitudes). Second, goodwill comfort is important to maintain, causing many Whites to shy away from any discussions about race. People of goodwill have …
Employment Patterns Of Larger Milwaukee Area Companies: Occupational Shifts, Job Expansion And Progress Toward Diversity, Lois M. Quinn
Employment Patterns Of Larger Milwaukee Area Companies: Occupational Shifts, Job Expansion And Progress Toward Diversity, Lois M. Quinn
ETI Publications
This report examines the employment patterns of private companies in the Milwaukee metropolitan area with 100 or more employees, utilizing computerized summaries of EEO-l annual reports filed with the U.S. Equal Opportunities Employment Commission. Each year these companies are required to report on their total labor force, minorities and women employed by nine occupational groupings. The data are provided to identify occupational shifts, progress toward a diversified labor force and challenges facing Milwaukee area employers and workers. The greatest job growth in larger Milwaukee area companies was reported for college-trained professional jobs. Larger companies reported a net increase of 6.251 …
Integration Challenges For The 1980s: Long Range Plans For School Facilities, Lois M. Quinn, Kenneth Robinson
Integration Challenges For The 1980s: Long Range Plans For School Facilities, Lois M. Quinn, Kenneth Robinson
ETI Publications
In 1980 the Milwaukee School Board considered a 1980-90 School Building and Sites Plan which recommends policies for school closings and construction projects for the 1980's. This report by Lois Quinn and Kenneth Robinson of the Metropolitan Integration Research Center discusses the proposals of the School Building and Sites Commission and provides analysis of the three factors which the Commission stated were most important in planning school closings: impact on desegregation, declining enrollments, and budgetary constraints.
Integration Challenges For The 1980s: Affirmative Action Programs For The Milwaukee Public Schools Administration, Lois M. Quinn
Integration Challenges For The 1980s: Affirmative Action Programs For The Milwaukee Public Schools Administration, Lois M. Quinn
ETI Publications
In March 1976 the Milwaukee Board of School Directors adopted an Affirmative Action Policy Statement for the school system. The statement lists goals designed to achieve a school staffing pattern which is reflective of the Milwaukee community. This report by the Metropolitan Integration Research Center examines the current employment profile of the central administration of the Milwaukee Public Schools to determine what progress has been made in changing minority staffing patterns among administrative staff. Within the MPS administration at central office there are 577 staff, reporting either to the Superintendent or the Secretary-Business Manager. An analysis of staffing patterns in …