Class-based preferences in affirmative action programs after Miller v. Johnson: a race-neutral option, or subterfuge?
Overt affirmative action discrimination favoring disadvantaged classes should be subject to the strict scrutiny standard applied by the US Supreme Court in Miller v. Johnson to determine if covert racial discrimination exists. The Miller line of redistricting cases held that subterfuges for racial discrimination are unconstitutional. The extension of that analysis to class-based preferences may render those types of affirmative action programs illegal.
Publication Name: University of Chicago Law Review
Fundamental principles of American law
A satire of a typical law review article is given in which a number of weighty phrases and facts with lengthy footnotes quite out of character with the remainder of the article. The weighty phrases and facts are often at cross-purposes or totally contradict each other. The footnotes contain groups of quite unrelated, randomly chosen cases from federal and state courts designed to seem weighty citations for the user's future work.
Publication Name: California Law Review
- Abstracts: Valdez Principles picking up steam. Toward "neutral principles" in the law: selections from the oral history of Herbert Wechsler
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- Abstracts: Cultural diversity and its impact on the CLU/ChFC movement. Demographic changes: a ticking bomb. The impact of the Revised Uniform Partnership Act on existing partnerships