New York Law School

Author Archive

Fisher on Remand: Reconsidering the Rationale behind Race-Conscious Admission Programs

In Grutter v. Bollinger, the U.S. Supreme Court held that the use of race in school admission programs may be constitutionally permissible only if necessary to achieve student body diversity.[i] Today it is widely accepted by the courts that diversity forms the only constitutional justification for affirmative action programs. Stare decisis notwithstanding, however, it may be time to consider an alternative to the diversity rationale in light of the implications it carries for the most recent challenge to affirmative action in school admissions. A challenge that is likely to come again before the Supreme Court this coming term.

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Stand Your Ground Laws: The Enshrinement of Racism Under the Guise of Self-Defense

The highly publicized murder trials of George Zimmerman and Michael Dunn have brought Stand Your Ground (SYG) laws to the forefront of public debate. In 2005, Florida was the first state to pass a SYG statute,[1] and two dozen other states have since followed suit. But the black and white nature of these laws had been largely overlooked by the public until the Florida killings of two teenage boys. The killings of Trayvon Martin and Jordan Davis are merely illustrative of how SYG laws have institutionally legitimized a fear rooted in racism.

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