tag:blogger.com,1999:blog-3829599.post109557196464685014..comments2024-01-28T00:20:40.933-08:00Comments on Agoraphilia: Desperately Seeking Only Women and MinoritiesUnknownnoreply@blogger.comBlogger4125tag:blogger.com,1999:blog-3829599.post-1095715665059333712004-09-20T14:27:00.000-07:002004-09-20T14:27:00.000-07:00Good question, Trumpit. I think I'll post somethi...Good question, Trumpit. I think I'll post something on the main page in reply.Tom W. Bellhttps://www.blogger.com/profile/02790351458154066358noreply@blogger.comtag:blogger.com,1999:blog-3829599.post-1095713469521735392004-09-20T13:51:00.000-07:002004-09-20T13:51:00.000-07:00Suppose I want to hire a female or minority law pr...Suppose I want to hire a female or minority law professor (I know I'm in the minority for wanting that!), then how do I go about it without stepping on any(white)bodies toes? I want to diversify my faculty for a variety of reasons. Help me, please. Is this an affirmative action issue or a diversity issue or both? I wanna be fair too but fairness (no discrimination) is not absolute. Discrimination has a lenghty historical component to it too such as slavery and Jim Crow and everpresent subtler but no less invidious forms of racism.<br /><br />TrumpitAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-3829599.post-1095693725822527772004-09-20T08:22:00.000-07:002004-09-20T08:22:00.000-07:00AALS may not be a state actor (emphasis on "may," ...AALS may not be a state actor (emphasis on "may," given the Supreme Court's decision in Brentwood Academy holding an intercollegiate athletic association to be a state actor), but a good number of the schools that use its FAR services are. If they utilize a function that the AALS makes available on its front page (the other search options are buried deeper in the program), they ARE violating the Equal Protection clause, as there is no way to sustain the argument that a race filter is simply using race as a plus factor permitted (for now) by the Supreme Court under the Grutter decision. Indeed, the race filter is even more problematic that the point system found unconstitutional in Gratz.<br /><br />Private schools who utilize the illegal search function will also find themselves on the wrong side of the law. Title VII prohibits this kind of discrimination in employment, and Title VI subjects these schools to loss of federal funds for engaging in unlawful discrimination.<br /><br />But neither is the AALS itself off the hook (which ought to know better). Because it seeks to procure employment for potential law professors, it may well be an "employment agency" and therefore also subject to Title VII. Moreover, because it has facilitated, even encouraged, discrimination by state actors, a claim could be brought under 42 U.S.C. sec. 1981, the old Ku Klux Klan act, for conspiracy to deprive individuals of their civil rights.<br /><br />Someone needs to tell Justice O'Connor that her holding in Grutter has not put racial classifications on the path to extinction, but has taken the lid off any pretense that race is only being used as a plus factor.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3829599.post-1095596306588212372004-09-19T05:18:00.000-07:002004-09-19T05:18:00.000-07:00Wow.
My initial thoughts are: (1) The AALS is not...Wow.<br /><br />My initial thoughts are: (1) The AALS is not a state actor, so equal protection doesn't apply automatically. (2) Since AALS is not the employer, but only a referral service in this context, the practice also would not implicate the Civil Rights Act of 1964 and its progeny.<br /><br />But...wow!KipEsquirehttps://www.blogger.com/profile/02326513032807027956noreply@blogger.com