Issue 3 - April 2008 How Strictly Scrutinized?: Examining the Educational Benefits the Court Relied Upon in Grutter

How Strictly Scrutinized?: Examining the Educational Benefits the Court Relied Upon in Grutter

In Grutter v. Bollinger, the Court recognized student body diversity as a compelling state interest that justified the use of racial preferences in selecting applicants for admission to public university law schools. Normally, any state action reviewed under a strict scrutiny approach is destined for invalidation. But in Grutter, the Court bucked the trend and …

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Issue 3 - April 2008 “Making Excellence Inclusive” in Education and Beyond

“Making Excellence Inclusive” in Education and Beyond

In this article, we call for greater attention to the education of our country’s broadening diverse population and for expanded efforts to transform how diversity initiatives are conceived and enacted. We summarize previous and current educational equity efforts, which are inadequate as currently crafted to address the needs of our stratified communities. We then focus …

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Issue 3 - April 2008 Plessy’s Ghost: Grutter, Seattle and the Quiet Reversal of Brown

Plessy’s Ghost: Grutter, Seattle and the Quiet Reversal of Brown

Affirmative action is dead. The evidence abounds in the unmistakable and systemic decline in black enrollment in the nation’s colleges and law schools. Such evidence is equally apparent from the Supreme Court’s resounding rejection of voluntary affirmative action in the Seattle, Washington, and Louisville, Kentucky, school districts.’ And it is evident in the ominous success …

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Issue 3 - April 2008 Democracy and Diversity

Democracy and Diversity

Why does racial diversity in the legal profession, the largest and most powerful profession in the country, matter? The answer to that deceptively simple question requires a hard look at our society and our law schools. More than that, however, it requires a hard look at our democracy. We are, after all, a democracy. And …

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Issue 3 - April 2008 Winter Is Frigid, so I Say Bring on the Greenhouse Effect! A Legal and Policy Discussion of the Strategies the United States Must Employ to Combat Global Warming

Winter Is Frigid, so I Say Bring on the Greenhouse Effect! A Legal and Policy Discussion of the Strategies the United States Must Employ to Combat Global Warming

Oscar night 2007 proved to be as much a tribute to Al Gore and his Academy Award winning documentary on climate change as it was about the awards themselves. Amidst the star-studded gathering of the world’s most celebrated actors, directors, and movie makers, a former Vice President emerged as the year’s most compelling figure in …

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Issue 3 - April 2008 Creating the Perfect Case: The Constitutionality of Retroactive Application of the Domestic Partner Rights and Responsibilities Act of 2003

Creating the Perfect Case: The Constitutionality of Retroactive Application of the Domestic Partner Rights and Responsibilities Act of 2003

This article will examine the Domestic Partner Rights and Responsibilities Act and its retroactive application. It will also make predictions about the success of constitutional arguments against applying the Act retroactively. Part II examines the history of domestic partnerships in California and provides a selected history of California cases wherein courts decided issues of retroactivity. …

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