Vol. 139 No. 7 In Students for Fair Admissions, Inc. v. President & Fellows of Harvard College. (SFFA), the Supreme Court invalidated the race-based affirmative action programs at Harvard University and the University of North Carolina (UNC) under the Equal Protection Clause of the Fourteenth Amendment. The SFFA majority held that the programs could not survive strict scrutiny: The universities’ interests in their affirmative action programs were not sufficiently compelling...
Vol. 139 No. 5 At some point, less than two decades after the United States Supreme Court found racial segregation in the public schools to be unconstitutional, the...
Vol. 139 No. 1 Professor Richard Re’s Foreword pursues a comparison between the Warren Court and the current Court in the hope that “[s]eeing the similarities between these...
Vol. 139 No. 1 If the Warren Court reflected nearly twenty years of jurisprudence dismantling ugly systems of oppression and institutional injustice that embedded invidious practices and policies into American law and society...
Vol. 138 No. 6 Police use of force continues to be a significant problem in American law and society. Recent discussions have focused on doctrinal issues such as what type of force is considered “reasonable” under the Fourth Amendment and the propriety of qualified immunity as a defense that can shield law enforcement from civil litigation. However, there has been little commentary on how these and other legal questions might be informed by medicine — specifically, victim diagnoses that might effectively absolve officers from criminal prosecution or civil liability.
Vol. 138 No. 5 The Voting Rights Act of 1965 (VRA), “the [legislative] crown jewel of the civil rights movement,” was enacted to serve as a bulwark against...
Last month, Judge Richard Bennett of the District of Maryland ruled that the U.S. Naval Academy can continue using race in its admissions decisions. ...
Vol. 137 No. 6 Abstract For decades, a question has simmered in criminal procedure: Can the Fourth Amendment seizure analysis account for a suspect’s race? Scholars have long...
