Skip to main content Accessibility help
×
Home
Hostname: page-component-684899dbb8-x64cq Total loading time: 0.435 Render date: 2022-05-23T15:16:15.565Z Has data issue: true Feature Flags: { "shouldUseShareProductTool": true, "shouldUseHypothesis": true, "isUnsiloEnabled": true, "useRatesEcommerce": false, "useNewApi": true }

2 - Equality Rights in American Education and Public Spending

from Part II - United States of America

Published online by Cambridge University Press:  09 July 2019

Stephan Stohler
Affiliation:
State University of New York, Albany
Get access

Summary

Shortly after the adoption of Title VI of the Civil Rights Act of 1964 governing public spending, universities adopted affirmative action admissions policies. These policies potentially conflicted with the guarantees of Title VI and the Fourteenth Amendment. The Democratic and Republican parties adopted evolving views of these legal texts, potentially bringing them into conflict with the judges they had previously appointed. Instead, I demonstrate that aligned judges on the US Supreme Court worked in a deliberative fashion with their aligned elected counterparts to develop novel interpretations of Title VI and the Fourteenth Amendment. In some instances, however, novel judicial efforts went beyond the wishes of partisans in the elected branches, causing judges to retreat in ways that would be expected by the deliberative partnership thesis.

Type
Chapter
Information
Reconstructing Rights
Courts, Parties, and Equality Rights in India, South Africa, and the United States
, pp. 31 - 65
Publisher: Cambridge University Press
Print publication year: 2019

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×