David Versus Goliath: A Law School Debate About Bush v. Gore

For the first time in America’s history, the Supreme Court has, in effect, selected the President of the United States. The case was analogous to a claim that a jury verdict was tainted. The Court, in this instance, knew who would win if the verdict was permitted to stand, and who was likely to win if the jury was permitted to continue its deliberations. It was this knowledge that made the decision so sensitive and challenged the integrity and the role of the Court so profoundly

Has Affirmative Action Been Negated? A Closer Look at Public Employment

First, this Article argues that affirmative action is right and necessary in certain circumstances. Second, it examines whether affirmative action has survived under current case law. Part II.A reviews the Supreme Court decisions that define the test of strict scrutiny in the public employment context. Part II.B discusses the current focus of the Court\u27s debate on affirmative action. Part III looks at how strict scrutiny analysis and the Supreme Court\u27s precedents are being applied by the lower federal courts. Part IV concludes that more guidance is needed from the Supreme Court on the first prong of the strict scrutiny analysis as to when a compelling government interest exists. Last, this Article suggests that the Supreme Court firmly establish an inferential standard for proving past discrimination by a public employer sufficient to warrant current affirmative action