The Court's Equal Protection jurisprudence adopts a false equivalency between discrimination against oppressed minorities and against white people.
Affirmative action policies are harmed by institutional obsession with rankings, which incentivizes prioritizing high scores over diversity.
Black americans whose ancestors were slaves are less likely to receive affirmative action than "Black multiracials" and "Black Immigrants."
Affirmative action advocates should trade race-conscious affirmative action for race-neutral disadavantages that disporportionately affecting people of color.
Other Issues in this Volume
- Judging Remorse
- From Jack to Jill: Gender Expression as Protected Speech in the Modern Schoolhouse
- Judicial Fact-Finding in the Wake of Alleyne
- Encouraging Maternal Sacrifice: How Regulations Governing the Consumption of Pharmaceuticals during pregnancy Prioritize Fetal Safety over Maternal Health and Autonomy
- Voters Strike Back: Litigating against Modern Voter Intimidation
- How a Secondary Earner Deduction Will Reduce the Gender Bias in the U.S. Tax Code
- Wrecking Ball Disguised as Law Reform: Alec's Model Act on Private Enforcement of Consumer Protection Statutes
- Addressing All Heads of the Hydra: Reframing Safeguards for Mentally Impaired Detainees in Immigration Removal Proceedings
- From the Picket Line to the Courtroom: A Labor Organizing Privilege to Protect Workers
- North Carolina's Failure to Perform Comparative Proportionality Review: Violating the Eighth and Fourteenth Amendments by Allowing the Arbitrary and Discriminatory Application of the Death Penalty
- Searching for Optimal Governance on the Nonprofit Board: Dynamic Resource Constraints and a Rejection of Board Bifurcation
- The Breach of the Common Law Trust Relationship between the United States and African Americans: A Substantive Right to Reparations