Sentences with phrase «racial classifications»
"Racial classifications" refers to the categorization of people into different groups based on their physical characteristics, such as skin color or facial features. These classifications are used to identify people as belonging to a particular race or ethnic group. Full definition
This set him apart from his more - liberal colleagues, who viewed Brown v. Board of Education (1954) not as a prohibition on the use of racial classifications in education, but rather as a mandate for judges to do whatever they could to promote «equal educational opportunity.»
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Based on a true story, Skin is an account of the conundrums of racial classification in a society where race determined not only social status but also legal rights.
But the Court eventually understood that these laws relied on racial classifications.
Regarding race and the equal protection clause, Scalia's combination of text and tradition culminates in a simple rule: no governmental use of racial classifications except in extraordinary circumstances.
Searle's work confronts head - on this history and the obsession with racial classification which ensued.
The most common nonscientific basis for racial classification is skin color.
NCI director Richard Klausner agreed that existing racial classifications «are not scientifically sound,» and he told Specter's subcommittee that NCI «has gone well beyond» them in recent health surveillance efforts.
While drug use estimated from public health data is roughly equivalent across racial classifications (top), police using a predictive policing algorithm in Oakland, Calif., would target black people at roughly twice the rate of whites (bottom).
But that has always been the problem with disparate impact: its remedies require racial classifications and quotas, which equal protection forbids.
Rectifying disparities caused by neutral policies forces the government to impose racial classifications and quotas that require intentional discrimination against other citizens.
In the end, the argument of Breyer and Ryan boils down to the claim that by using potentially dangerous racial classifications we can produce racially integrated schools that improve the educational opportunity of minority students.
Although he could not prove there was broad support for prohibiting de jure segregation in 1868, he did show that there was a clear and vibrant tradition in case law that viewed the use of racial classifications by government as pernicious, particularly because such a practice is so susceptible to the tyranny of majority faction.
A clear statement by the court against racial classifications could have helped save these silent victims from OCR's misguided obsession with percentages over individuals.
Under the court's equal - protection doctrine, cases that involve racial classifications on the part of government require the court's «strict scrutiny,» the most exacting standard of judicial review.
The school districts have not carried their heavy burden of showing that the interest they seek to achieve justifies the extreme means they have chosen — discriminating among individual students based on race by relying upon racial classifications in making school assignments.
A recent Education Next forum takes a close look at legal arguments over the use of racial classifications beginning with the landmark Brown v. Board of Education ruling outlawing school segregation.
«Temperament» has been and still is a crucial facet of racial classification since its 18th - century Linnaean origins.
Describing his concerns about Johnson v. California, in which the 9th U.S. Circuit Court of Appeals held it is appropriate to scrutinize racial classifications in prisons, Michael Cernovich says he wants safety to trump constitutional rights:
But requiring that Congress, like the States, enact racial classifications only when doing so is necessary to further a «compelling interest» does not contravene any principle of appropriate respect for a coequal branch of the Government.
In the view of MR. JUSTICE BRENNAN, MR. JUSTICE WHITE, MR. JUSTICE MARSHALL, and MR. JUSTICE BLACKMUN, the pliable notion of «stigma» is the crucial element in analyzing racial classifications, see, e.g., post at 361, 362.
As Ilya Somin and David Bernstein point out at Volokh Conspiracy, Sotomayor also gerrymanders «race» in a way convenient to her purposes, using it to include Hispanic - Americans (who aren't a race) while breathing not one word about Asian - Americans (a more genuine racial classification whose situation of being both historically disadvantaged * and * discriminated against in university admissions cries out for recognition).
While conservatives view Brown as prohibiting the government from using racial classifications except in extraordinary circumstances, liberals believe the ruling leaves ample room for elected officials to take race into account when seeking to promote equal opportunity.
The categorization of the captured smiles draws attention to the emphasis society places on racial classification and identity.
Furthermore, it puts a satirical premium on «whiteness», ridiculing the superficial luxury of racial classification as well as critiquing the hard social realities of street vending experienced by those who have been discriminated against in terms of race or class.
It is a racial classification.
Democrats believe in racial classifications and set asides.
Even more important than the foregoing qualifications of the race concept is the recognition that the properties commonly employed in racial classification are humanly insignificant.
... To deny this fundamental freedom on so unsupportable a basis as the racial classifications embodied in these statutes, classifications so directly subversive of the principle of equality at the heart of the Fourteenth Amendment, is surely to deprive all the State's citizens of liberty without due process of law.
Since then, the racial classifications have varied from one census to the other.
AS a racial classification, the term Caucasian has many flaws, dating as it does from a time when the study of race was based on skull
Scalia was above all concerned with the political consequences of allowing public officials to use racial classifications.
And in his arguments before the court, chief counsel Thurgood Marshall maintained that the Fourteenth Amendment denies states the authority «to make any racial classification in any government field.»
At its heart lies a simple rule — no use of racial classifications except to remedy specific constitutional violations — that does as much to constrain as to empower judges.
And Congress, through its voting patterns during the 1860s and 1870s, expressed a similar opposition to racial classifications, as the constitutional scholar Michael McConnell has demonstrated.
Given the dangers inherent in the use of racial classifications, Scalia maintained, we should take this tool out of the hands of public officials, even if they claim to use it for «benign» purposes.
Thus, even if the late Justice Antonin Scalia is replaced with an opponent of racial classifications, Parents Involved is a vulnerable precedent.
Those entrusted with directing our public schools can bring to bear the creativity of experts, parents, administrators, and other concerned citizens to find a way to achieve the compelling interests they face without resorting to widespread governmental allocation of benefits and burdens on the basis of racial classifications.
In Seattle, this racial classification is used to allocate slots in oversubscribed high schools.
Racial classifications are «inherently suspect» and thus must be narrowly tailored, serve a legitimate governmental interest, and use the least restrictive means possible.
Samuel Alito is widely expected to be more skeptical of racial classification than the justice whom he replaced, Sandra Day O'Connor.
In a different context, Roberts has already shown an aversion to racial classification.
Inaccurate data impact the statistics generated from ethnic and racial classifications, such as graduation and dropout rates, attendance rates and percentages of students meeting academic standards.
Coined by German anthropologist Johann Friedrich Blumenbach at the turn of the 19th century, the racial classification Caucasian has sparked plenty of debate in its short time in the English language.
Join us for the opening of a site - specific installation of work by Maria Cristina Tavera that combines prints and paintings to address the social concept of race and the issue of socio - racial classifications.
This site - specific installation of work by Maria Cristina Tavera combines prints and paintings addressing the social concept of race and the issue of socio - racial classifications.