Education Law

David Crump, The Narrow Tailoring Issue in The Affirmative Action Cases: Reconsidering the Supreme Court's Approval in Gratz and Grutter of Race-Based Decision-Making by Individualized Discretion

56 Fla. L. Rev. 483 (2004) | | | | INTRODUCTION :: The Supreme Court’s doctrine known as strict scrutiny is divided into two elements. First, there is the requirement that a State identify a “compelling governmental interest” that supports the state’s use of race as a factor. Second, and just as important, there is […]

Monica Vila, Constitutional Law: Thou Shalt Not Establish Religion

56 Fla. L. Rev. 819 (2004) | | | | INTRODUCTION :: Appellant, the Chief Justice of the Alabama Supreme Court, erected a two-and- one-half ton monument of the Ten Commandments in the rotunda of the Alabama State Judicial Building. The monument, which Appellant installed to reflect the moral foundation of law, was also engraved […]

Robert A. Caplen, Constitutional Law: Forecasting the Sunset of Racial Preferences in Higher Education while Broadening their Horizons

56 Fla. L. Rev. 853 (2004) | | | | INTRODUCTION :: Respondents implemented admissions policies designed to select an academically qualified and diverse student body with substantial promise for success within the legal profession and filed a lawsuit alleging discriminated against her on the basis of race in violation of the Fourteenth Amendment held […]