Abstract

http://ssrn.com/abstract=1393898
 
 

Footnotes (275)



 


 



The River Runs Dry: When Title VI Trumps State Anti-Affirmative Action Laws


Kimberly West-Faulcon


Loyola Law School Los Angeles


University of Pennsylvania Law Review, Vol. 157, No. 4, 2009
Loyola-LA Legal Studies Paper No. 2009-19

Abstract:     
This Article examines the new genre of laws enacted pursuant to state anti-affirmative action ballot initiatives like California Proposition 209, Washington Initiative 200, Michigan Proposal 2 and Nebraska Initiative 424. It explores the tension between state anti-affirmative action laws and federal anti-discrimination law. It considers whether universities that completely abolish race-based affirmative action to comply with state anti-affirmative action initiatives may actually be breaking the law with respect to Title VI federal law. The Article also considers whether improper use of the SAT as an admissions criterion makes selective universities potentially liable for violating Title VI and its regulations and creates a remedial justification for considering race in admissions. By analyzing racial differences in rates of admission to the most selective California and Washington public universities, the Article reveals that institutions accused of "cheating" by admitting too many minority applicants have admitted white applicants at consistently higher rates than African Americans and Latinos since the passage of state anti-affirmative action laws.

Number of Pages in PDF File: 87

Keywords: affirmative action, anti-affirmative action laws, Title VI, disparate impact, discriminatory effect, race, SAT, college admissions test, California Proposition 209, Washington Initiative 200, Michigan Proposal 2, Nebraska Initiative 424, U.S. News rankings, state ballot initiatives, civil rights

Accepted Paper Series


Download This Paper

Date posted: April 28, 2009 ; Last revised: May 18, 2009

Suggested Citation

West-Faulcon, Kimberly, The River Runs Dry: When Title VI Trumps State Anti-Affirmative Action Laws. University of Pennsylvania Law Review, Vol. 157, No. 4, 2009; Loyola-LA Legal Studies Paper No. 2009-19. Available at SSRN: http://ssrn.com/abstract=1393898

Contact Information

Kimberly West-Faulcon (Contact Author)
Loyola Law School Los Angeles ( email )
919 Albany Street
Los Angeles, CA 90015-1211
United States
213-736-8172 (Phone)
Feedback to SSRN


Paper statistics
Abstract Views: 2,100
Downloads: 208
Download Rank: 84,728
Footnotes:  275

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo5 in 0.234 seconds