scholarly journals Affirmative Action And The “Individual” Right To Equal Protection

2009 ◽  
Vol 71 (2) ◽  
Author(s):  
Robert C. Farrell
Keyword(s):  
Native American ◽  
Affirmative Action ◽  
Individual Characteristics ◽  
Equal Protection ◽  
Action Program ◽  
Class Membership ◽  
Equal Protection Clause ◽  
The Supreme Court ◽  
The Individual ◽  
The University

When the Supreme Court, or one its Justices, writes an opinion invalidating a race-conscious affirmative action program, it is commonplace for the opinion to note that the rights protected by the Equal Protection Clause are “individual” or “personal,” and thus require the state to treat every person as an individual, not simply as a member of a class. This assertion about the nature of equal protection rights is assumed to be inconsistent with the classbased underpinning of affirmative action programs, and thus determinative of their invalidation. The problem with affirmative action programs, under this view, is that they ignore the individual characteristics of the persons affected and instead assign different treatment to persons based on their membership in a class. If, for example, the University of California Medical School at Davis assigns a certain number of seats in its entering class to black, Chicano, Asian, and Native-American applicants,2 it has made overly broad assumptions about the characteristics of the members of those classes, and then assigned a benefit on the basis of class membership without regard to individual merit or accomplishment.

From Discrimination to Affirmative Action

2018 ◽  
Author(s):  
Lucas A. Powe
Keyword(s):  
Affirmative Action ◽  
Court Case ◽  
Board Of Education ◽  
Action Program ◽  
Primary Case ◽  
Undergraduate Admissions ◽  
University Of Texas ◽  
The Supreme Court ◽  
Supreme Court Case ◽  
The University

This chapter discusses the legal battles involving the University of Texas School of Law and its affirmative action program. In the wake of its success in 1944 in the all-white primary case, Smith v. Allwright, the Texas NAACP called for the integration of Texas's flagship university in Austin. Some months later Thurgood Marshall wrote a letter to Austin's only African American lawyer asking for information about how to apply to the UT School of Law. The chapter examines the Supreme Court case of Heman Marion Sweatt that produced a major stepping-stone toward Brown v. Board of Education, along with another case involving UT's undergraduate admissions that reaffirmed a state's right to implement affirmative action policies. In particular, it analyzes McLaurin v. Regents and Swann v. Charlotte-Mecklenburg Board of Education, along with the Texas legislature's response to Hopwood v. Texas in the form of the “10% rule.”

The Individual's Perceived Environment as an Antecedent of Academic Entrepreneurship: Multiple Case Studies of Thai University Researchers

2014 ◽  
Vol 22 (01) ◽  
pp. 57-90 ◽  
Author(s):  
Sutti Sooampon ◽  
Barbara Igel
Keyword(s):  
Case Studies ◽  
Academic Entrepreneurship ◽  
Individual Characteristics ◽  
Perceived Environment ◽  
The Social ◽  
Multiple Case ◽  
Micro Level ◽  
The Individual ◽  
The University ◽  
Depth Interviews

This study investigates the individual researcher's perceived environment as a pre-condition of entrepreneurship within the university. Our objective is to identify the micro-level antecedents that shape a university researcher's decision about whether to embark on an entrepreneurial venture. We conducted a series of both entrepreneurial and non-entrepreneurial case studies through in-depth interviews with six university researchers. The comparative case data generated inclusive descriptions of the social conditions surrounding the researchers and their individual characteristics as criteria for explaining their decisions on whether to become entrepreneurs. Our findings add to the macro-perspectives typically discussed, and advance knowledge of the entrepreneurial university by incorporating the individual's perceived environment as a micro-level condition for academic entrepreneurship. Drawing on the context of Thailand's emerging economy, in which social inequality exists alongside growth, our findings shed light on the university researcher's entrepreneurial role as a leader for social change through the commercialisation of science and technology research.

Affirmative Action for the Future

2017 ◽  
Author(s):  
James P. Sterba
Keyword(s):  
United States ◽  
Affirmative Action ◽  
The United States ◽  
University Of California ◽  
Affirmative Action Program ◽  
Educational Context ◽  
Action Program ◽  
University Of Texas ◽  
The Future ◽  
The University

Diversity instead of race-based affirmative action developed in the United States from the Regents of the University of California v. Bakke decision in 1978 to the present. There have been both objections to this form of affirmative action and defenses of it. Fisher v. University of Texas could decide the future of all race-based affirmative action in the United States. Yet however the Fisher case is decided, there is a form of non-race-based affirmative action that all could find to be morally preferable for the future. A diversity affirmative action program could be designed to look for students who either have experienced racial discrimination themselves or who understand well, in some other way, how racism harms people in the United States, and thus are able to authoritatively and effectively speak about it in an educational context.

Racial Counterfactuals and the Uncertain Event of Emancipation

2017 ◽  
pp. 161-184
Author(s):  
Mark C. Jerng
Keyword(s):  
Civil War ◽  
Affirmative Action ◽  
Supreme Court ◽  
Equal Protection ◽  
Race Discrimination ◽  
Legal Case ◽  
The Supreme Court ◽  
The U.S

This chapter discusses alternate histories of the Civil War in relation to U.S. Equal Protection jurisprudence and race discrimination law. It shows how the racial counterfactual shapes what counts as discrimination in an important anti-affirmative action legal case, Ricci v. Destefano. In particular, it analyzes the prominent use of racial counterfactuals by the Supreme Court justices in order to organize the perception of race. It then surveys alternate histories of the U.S. Civil War and describes their logics of narrative explanation. Finally, it turns to Terry Bissons’ Fire on the Mountain and Steven Barnes’s Lion’s Blood as examples of a strategic use of the racial counterfactual in order to envision different understandings of racial freedom and equality.

Constitutional Law: Idaho High Court Holds Like Providers to Equal Protection Standard

1999 ◽  
Vol 27 (2) ◽  
pp. 198-198
Author(s):  
Gilbert Swift
Keyword(s):  
Health Insurance ◽  
Health Care Services ◽  
Due Process ◽  
Equal Protection ◽  
Individual Health ◽  
Care Services ◽  
Injunctive Relief ◽  
The Supreme Court ◽  
The Individual ◽  
Small Employers

The Supreme Court of Idaho held, in Idaho Association of Chiropractic Physicians, Inc. v. Alcorn, No. 23787,1999 WL 134677, at *1 (Idaho Mar. 15, 1999), that insurance regulations of health care services must apply equally to all providers. The Idaho legislature enacted the Small Employer Health Insurance Availability Act, Idaho Code § 41-4701 (1998), and the Individual Health Insurance Availability Act, id. § 41-5201 (1998), which is to be implemented by the Idaho Small Employer and Individual Health Reinsurance Program (Program). The goal of the legislation is to make health insurance available and affordable to small employers and their employees, and to individuals who would not otherwise have health insurance. Accordingly, the Program promulgated the following rule: “Chiropractic services will be subject to one thousand dollars per year limit.” Idaho Ass’n of Chiropractic Physicians, 1999 WL 134677, at *1.The plaintiff, the Idaho Association of Chiropractic Physicians (IACP), sought declaratory judgment and injunctive relief against defendant, James M. Alcorn, director of the Idaho State Department of Insurance, on equal protection and due process grounds.

The Supreme Court in the Era of Bifurcated Review IV

2019 ◽  
pp. 600-690
Author(s):  
G. Edward White
Keyword(s):  
Public Schools ◽  
Supreme Court ◽  
Racial Segregation ◽  
Sexual Preference ◽  
Equal Protection ◽  
Board Of Education ◽  
Equal Protection Clause ◽  
Oliver Wendell Holmes ◽  
The Supreme Court ◽  
The 1950S

Equal protection arguments were once described by Justice Oliver Wendell Holmes as the “last resort” of persons making constitutional claims. The court’s reliance on the Equal Protection Clause was slight until the 1950s, in part because “equal protection” was understood only to implicate legislature classifications that were “partial” rather than general.” After the use of the Equal Protection Clause to invalidate racial segregation in public schools in Brown v. Board of Education, equal protection arguments became a staple of cases involving racial, gender, and sexual-preference discrimination.

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