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Legal News
11 Feb 2015
by Peter Snyder

[JURIST] Lawyers for Abigail Noel Fisher filed a new appeal [cert. petition, PDF] before the US Supreme Court [official website] Wednesday, challenging, for a second time, the University of Texas [official website] affirmative action program. This prolonged legal battle began in 2008 when Fisher, a Caucasian student, was denied undergraduate … [read more]


Academic Commentary
9 Dec 2014
by Jordan Paust of University of Houston Law Center

JURIST Guest Columnist Jordan Paust of the University of Houston Law Center discusses the recently released Senate Torture Report ... The recently released Torture Report of the Senate Intelligence Committee adds another layer of proof of serial international criminality that was manifestly authorized and/or facilitated by Bush, Cheney, Rice, Gonzales, … [read more]


Legal News
18 Nov 2014
by Colleen Mallick

[JURIST] Lawsuits were filed in Massachusetts [complaint, PDF] and North Carolina [complaint, PDF] federal district courts against Harvard University [official website] and University of North Carolina at Chapel Hill [official website] on Monday, arguing [press release] that affirmative action policies should be banned at colleges across the country. The lawsuits … [read more]


Legal News
14 Nov 2014
by Bradley McAllister

[JURIST] The US Court of Appeals for the Fifth Circuit [official website] on Wednesday denied [opinion, PDF] Abigail Fisher's petition for a rehearing en banc in the affirmative action case Fisher v. University of Texas at Austin [SCOTUSblog backgrounder]. The judges for the Fifth Circuit voted 10-5 to deny the … [read more]


Legal News
16 Jul 2014
by Jaclyn Belczyk

[JURIST] The US Court of Appeals for the Fifth Circuit [official website] ruled [opinion, PDF] Tuesday that the University of Texas at Austin (UT) may continue considering race as part of its admission criteria. The US Supreme Court [official website] had remanded the case [JURIST report], Fisher v. University of … [read more]


Professional Commentary
2 Jul 2014
by Akshat Tewary of Law Offices of Kamlesh Tewary

JURIST Guest Columnist Akshat Tewary of the Law Offices of Kamlesh Tewary discusses Judicial Independence and Agency Accountability in reference to SEC v. Citigroup... The US Court of Appeals for the Second Circuit recently issued a ruling that could debilitate the ability of the judiciary to serve as an independent … [read more]


Features
5 Jun 2014

Michigan is not the only US state to maintain some type of ban on race-conscious affirmative action policies. In 1996 California voters approved an amendment to the state's constitution that prohibited public institutions from using affirmative action policies. Under Proposition 209, state employment, contracting and educational institutions cannot base decisions … [read more]


Features
5 Jun 2014

The Supreme Court first addressed affirmative action in the 1978 case of Bakke v. Regents of the University of California, which concerned the University of California Davis Medical School's use of quota systems for admissions. The Supreme Court held that the quota system, which allocated a specific number of seats … [read more]


Legal News
22 Apr 2014
by Jaclyn Belczyk

[JURIST] The US Supreme Court [official website] ruled [opinion, PDF] 6-2 Tuesday in Schuette v. Coalition to Defend Affirmative Action [SCOTUSblog backgrounder] that the judiciary lacks the authority to overturn a Michigan voter initiative that amended the state's constitution to prohibit race- and sex-based discrimination or preferential treatment in public … [read more]


Legal News
15 Oct 2013
by Jaclyn Belczyk

[JURIST] The US Supreme Court [official website] heard oral arguments [day call, PDF] in three cases Tuesday, including an affirmative action case and a case on suing foreign corporations in US courts. In Daimler AG v. Bauman [transcript, PDF; JURIST report] the court heard arguments on "whether it violates due … [read more]


Features
20 Jul 2013

Under the auspices of combating terror, the Bush administration took many steps following 9/11 that according to some have curtailed civil rights. Chief among these was the passage of the USA Patriot Act of 2001, which was signed by Bush on October 26, 2001. The original legislation contained 10 titles … [read more]


Features
20 Jul 2013

Public understanding of the shape and direction of affirmative action has been influenced primarily by US Supreme Court decisions. However, affirmative action litigation decided in state courts and federal courts other than the Supreme Court has also had a lasting influence on its legality and practice. Penn v. Stumph Penn … [read more]


Features
20 Jul 2013

The Supreme Court took up the issue of affirmative action in June 2003, when the high court decided the twin cases of Grutter v. Bollinger and Gratz v. Bollinger. Both cases involved the University of Michigan at Ann Arbor. The separate cases produced separate results for the undergraduate school and … [read more]


Features
20 Jul 2013

Affirmative action has an extensive legislative history with origins dating back to early debates concerning the application of the Fourteenth Amendment. The first governmental reference to affirmative action in the US was Executive Order 10925, issued by US President John F. Kennedy in March 1961. The order established the President's … [read more]


Legal News
24 Jun 2013
by Jaclyn Belczyk

[JURIST] The US Supreme Court [official website] ruled [opinion, PDF] 7-1 Monday in Fisher v. University of Texas at Austin [SCOTUSblog backgrounder; JURIST report] that the appeals court did not apply the correct standard in upholding a ruling for the university in an affirmative action challenge. Petitioner Abigail Noel Fisher, … [read more]


Academic Commentary
30 May 2013

JURIST Guest Columnist Eric Segall of the Georgia State University College of Law evaluates the implications of same-sex marriage cases before the Supreme Court, and their effect on upcoming challenges to affirmative action...Between now and the end of June, the Supreme Court will rule on the constitutionality of both same-sex … [read more]


Student Commentary
17 May 2013

JURIST Associate Editor Fangxing Li, University of Pittsburgh School of Law Class of 2014, explores the upcoming US Supreme Court decision on affirmative action policies in institutions of higher education and argues that these policies harm rather than help diversity in schools that employ those policies...In March, the US Supreme … [read more]


Academic Commentary
11 Apr 2013

JURIST Guest Columnist Eric Segall of Georgia State University says that, although several of the justices on the US Supreme Court interpret the US Constitution to require the government to essentially ignore race, such a requirement would significantly harm civil rights in the US...Between now and the end of June, … [read more]


Legal News
26 Mar 2013
by Julia Zebley

[JURIST] The US Supreme Court [official website] granted certiorari [order text, PDF] in two cases on Monday, including a new affirmative action case. The court will hear Schuette v. Coalition to Defend Affirmative Action [cert. petition, PDF; docket] on whether a state violates the Equal Protection Clause [text] by amending … [read more]


Legal News
16 Nov 2012
by Sarah Posner

[JURIST] The US Court of Appeals for the Sixth Circuit [official website] ruled Thursday that Michigan's voter approved initiative to ban consideration of race for applications to public universities is unconstitutional [opinion, PDF]. In a split 8-7 decision, the court struck down Proposal 2 [text, PDF; JURIST news archive], which … [read more]

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