Add to ORKGThe judicial branch, by exercising judicial review, can replace public policies with ones of their own creation. To test the hypothesis that judicial policymaking is desirable only when courts possess high capacity and necessity, I propose an original model incorporating six variables: generalism, bi-polarity, minimalism, legitimization, structural impediments, and public support. Applying the model to a comparative case study of court-sanctioned affirmative action policies in higher education and K-12 public schools, I find that a lack of structural impediments and bi-polarity limits the desirability of judicial race-based remedies in education. Courts must restrain themselves when engaging in such policymaking
"To what extent do courts make social and public policy and influence social and public policy chang...
... Professors John Hart Ely and Richard Posner have established diametrically opposed positions in ...
In Grutter, a majority of the Court for the first time identified an instrumental justification for ...
The judicial branch, by exercising judicial review, can replace public policies with ones of their o...
This study seeks to study relevant precedent cases concerning affirmative action, the 14th Amendment...
In the wake of the rights revolution, the role of American courts in shaping social policymaking has...
In the wake of the rights revolution, the role of American courts in shaping social policymaking has...
In the wake of the rights revolution, the role of American courts in shaping social policymaking has...
In the wake of the rights revolution, the role of American courts in shaping social policymaking has...
In the wake of the rights revolution, the role of American courts in shaping social policymaking has...
Most constitutional democracies now use some affirmative action policies to manage diverse populatio...
Most constitutional democracies now use some affirmative action policies to manage diverse populatio...
After several Supreme Court cases, university admissions processes, and state/federal policies, affi...
This article will highlight the legal limitations law schools confront when adopting diversity admis...
Few issues in education have generated more ongoing controversy during the last half-century than af...
"To what extent do courts make social and public policy and influence social and public policy chang...
... Professors John Hart Ely and Richard Posner have established diametrically opposed positions in ...
In Grutter, a majority of the Court for the first time identified an instrumental justification for ...
The judicial branch, by exercising judicial review, can replace public policies with ones of their o...
This study seeks to study relevant precedent cases concerning affirmative action, the 14th Amendment...
In the wake of the rights revolution, the role of American courts in shaping social policymaking has...
In the wake of the rights revolution, the role of American courts in shaping social policymaking has...
In the wake of the rights revolution, the role of American courts in shaping social policymaking has...
In the wake of the rights revolution, the role of American courts in shaping social policymaking has...
In the wake of the rights revolution, the role of American courts in shaping social policymaking has...
Most constitutional democracies now use some affirmative action policies to manage diverse populatio...
Most constitutional democracies now use some affirmative action policies to manage diverse populatio...
After several Supreme Court cases, university admissions processes, and state/federal policies, affi...
This article will highlight the legal limitations law schools confront when adopting diversity admis...
Few issues in education have generated more ongoing controversy during the last half-century than af...
"To what extent do courts make social and public policy and influence social and public policy chang...
... Professors John Hart Ely and Richard Posner have established diametrically opposed positions in ...
In Grutter, a majority of the Court for the first time identified an instrumental justification for ...