Topic
Affirmative Action
887 published works
Education Law Prof Blog
Supreme Court agrees to hear new affirmative action case
As we await the U.S. Supreme Court's decision in Fisher v. University of Texas, StephenWermiel at SCOTUSBlogdiscusses the Court's grantingcertiorari in another affirmative action case. The new case, Schuette v.…
Healthcare Law Insights
Is Your Hospital Required to Comply with OFCCP’s equal employment and affirmative action regulations?
Husch Blackwell attorney Molly Kurt recently addressed this question in a review of cases in which OFCCP has attempted to assert jurisdiction over hospitals as covered federal subcontractors. Most recently,…
Supreme Court Update
Schuette v. Coalition to Defend Affirmative Action (12-682)
The Court delivered another April blockbuster this week, Schuette v. Coalition to Defend Affirmative Action (12-682), concluding 6-2 (with Justice Kagan recused) that a Michigan ballot initiative prohibiting the state…
Employer Law Report
OFCCP Enforcement and Regulatory Agenda Heightened for Fiscal Year 2013
Federal contractors and subcontractors should take notice that, in the last couple of years, the Office of Federal Contract Compliance Programs (OFCCP) has been pursuing a much more aggressive enforcement…
The Right Coast
Originalism and the Colorblind ConstitutionMike Rappaport
I recently placed this article on SSRN. Here is the abstract: The legal literature on the subject of originalism and affirmative action asserts two propositions: that originalism strongly supports the…
Administrative and Regulatory
District Court Decision Upholds OFCCP Authority Over Health Care Providers
by: Kathleen M. Williams A long-awaited decision on the jurisdiction of Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) over health care providers was released this week. The…
The Right Coast
James Taranto: The Clock Ticks on Racial Preferences – WSJ.com
If Justice Kennedy adheres to that position in Fisher, the door will remain at least ajar for racial preferences. But in that event, Schuette will soon after provide an opportunity…
Sixth Circuit Appellate Blog
En Banc Ruling on Michigan’s Proposal 2 Goes to the High Court
This morning, the U.S. Supreme Court accepted certiorari on a case that the Sixth Circuit Appellate Blog has been watching since July 2011: Coalition to Defend Affirmative Action v. Regents…
Constitutional Law Prof Blog
Supreme Court Takes Another Affirmative Action Case: Michigan’s Prop 2
By ConLawProf initials at end of post
Even as we await the United States Supreme Court's opinion on the constitutionality of a university's affirmative action plan in Fisher v. University of Texas argued October 10, it has…
The Faculty Lounge
Affirmative Action (In)Consistency (Obligatory Post on L’Affaire Scholastica)
As some of you may have noticed, (at least some of) legal academia is abuzz about the fact that Scholastica, the ExpressO competitor, asks authors to provide optional information about…