All content tagged with: Affirmative Action
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College Admission and Affirmative Action- Consequences and Alternatives
A review of The Shape of the River: Long Term Consequences of Considering Race in College and University Admissions by Derek Bok & William BowenPerspectives on Affirmative Action / Rethinking Racial Divides: Asian Pacific Americans and the Law
Statements on affirmative action followed by the Asian Pacific American Law Students Association Symposium.Affirmative Action: Where is it Coming from and Where is it Going?
A review of We Wont Go Back: Making the Case for Affirmative Action by Charles R. Lawrence III & Mari J. MatsudaMoving Ground, Breaking Traditions: Tasha’s Chronicle
This Note uses a fictional dialogue to analyze and engage issues concerning stereotypes, stigmas, and affirmative action. It also highlights the importance of role models for students of color and the disparate hiring practices of law firms and legal employers through the conversations and thoughts of its main character, Tasha Crenshaw.An Analysis of the Supreme Court’s Reliance on Racial “Stigma” as a Constitutional Concept in Affirmative Action Cases
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 the Fourteenth Amendment, arose within that paradigm and discuss the stigma concept in that context.The Evolution of Race in the Law: The Supreme Court Moves from Approving Internment of Japanese Americans to Disapproving Affirmative Ation for African Americans
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 argues that Adarand may permit invidious racial classifications to survive constitutional challenge and that its analysis of the standing issues associated with collateral litigation over affirmative action are inconsistent with its resolution of substantive issues of racial discrimination.Reconsidering Strict Scrutiny of Affirmative Action
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.
