Class-based affirmative action - a case of look (carefully) before you leap.

This essay is adapted from the article Class-Based Affinnative Action: Lessons and Caveats, which originally appeared in 74 Texas Law Review 1847. Copyright 1996 by the Texas Law Review Association. Reprinted by pennission. For a complete version with all citations please contact the editor of Law Quadrangle Notes. When the Supreme Court applied strict scrutiny to federal race-based affirmative action programs in Adarand Constructors, Inc. v. Pena (1995), it suggested that the constitutional-law coast remains clear for affirmative action programs based on relative economic disadvantage - usually called class-based affirmative action. Class, not race is a conservative war cry in contemporary American politics. But it should not be forgotten that legal thinkers on the left have long sought the legal recognition of economic inequality - or, even better, of class - as a force in American life and that Adarand is a step in that direction

The Last Minuet: Disparate Treatment After \u3cem\u3eHicks\u3c/em\u3e

The purpose of this article is to explain why the Court\u27s much-maligned decision in Hicks was correct, and to further argue that in the aftermath of Hicks, the McDonnell Douglas-Burdine proof structure ought to be abandoned

Engineering the Middle Classes: Class Line-Drawing in New Deal Hours Legislation

The likely readers of this Article work for a living, or are studying with the hope that they will work for a living very soon. Unlike many other workers in this society, they do not (and will not) get paid time-and-a-half for overtime. In this Article, I tell the story of how upper-level white-collar workers - people like the intended readers of this Article - came to be exempt from the Fair Labor Standards Act\u27s general overtime rules. My purpose in telling this story is not to participate in the debate on whether the so-called white-collar exemptions to the Fair Labor Standards Act make sense, although I will close by suggesting why that question is harder than it appears. Instead, my aim is to use the historical example of New Deal wage and hour legislation to shed light on how the law reflects and helps to shape the American concept of class

The Last Minuet: Disparate Treatment After \u3cem\u3eHicks\u3c/em\u3e

The purpose of this article is to explain why the Court\u27s much-maligned decision in Hicks was correct, and to further argue that in the aftermath of Hicks, the McDonnell Douglas-Burdine proof structure ought to be abandoned

The Politics of Brazilian Foreign Policy

From November 1902 through February 1912, four presidents governed Brazil. Throughout all this period, though, only one person headed the foreign ministry: José Maria da Silva Paranhos Jr., alias Baron of Rio Branco (20 April 1845–10 February 1912). This political wonder and diplomatic giant was to shape Brazil’s international doctrine and diplomatic traditions for the following century. His major achievement was to peacefully solve all of Brazil’s border disputes with its South American neighbors. Founded in 1945, Brazil’s prestigious diplomatic school carries his name, Instituto Rio Branco, and, since the early 2000s, Brazilian foreign policy has become the largest subfield of international relations in university departments across the country. Indeed, Brazilian foreign policy is to Brazilian academia what American politics is to US academia, namely, a singular phenomenon that has taken over a general field. In contrast with the United States, most in-depth research from about 1998 to 2010 came from foreign-based scholars; however, since then a large cadre of mostly young academics in Brazil have seized the agenda. Unlike the pre-2000 period, the orientation has been toward public policy rather than diplomatic history. That the top Brazilian journals of international relations are now published in English rather than Portuguese attests to the increasing internationalization of the field.info:eu-repo/semantics/publishedVersio

Saying No to Stakeholding

What if America were to make good on its promise of equal opportunity by [XXX]? That\u27s the bold proposal set forth by Yale law professors Bruce Ackerman and Anne Alstott.... The quotation above is from the Yale University Press announcement describing Bruce Ackerman and Anne Alstott\u27s new book, with one change: we have substituted [XXX] for the authors\u27 catchphrase summary of their proposal. What do you think the missing words might be? How would you enable America to make good on its promise of equal opportunity ? As you ponder that question, you might consider the following feature of the Ackerman/ Alstott proposal. It calls for the federal government to spend an additional $255 billion per year (p. 35). Perhaps that is not surprising; perhaps you might have trouble spending much less if you wanted to make good on the promise of equal opportunity. So what would Ackerman and Alstott do