Con Law · WikiFramers

Part Two - Individual Rights · Module 11

Equal Protection: Remedies for Segregation; Proving a Classification; Affirmative Action

Brown's aftermath: desegregation remedies and their limits, discriminatory purpose doctrine, and race-conscious admissions through SFFA and Callais.

Topics

Remedies for segregation and their limits. Facially neutral laws with discriminatory impact; the requirement of discriminatory purpose and how it is proven. Racial classifications benefiting minorities; race in university admissions.

Reading list

0 of 15 readings published · the rest are in preparation and will appear here as they are edited

  1. Note Green v. County School Board of New Kent County in preparation
  2. Note Swann v. Charlotte-Mecklenburg Board of Education in preparation
  3. Note Milliken v. Bradley in preparation
  4. Note Yick Wo v. Hopkins in preparation
  5. Opinion Washington v. Davis in preparation
  6. Note Village of Arlington Heights v. Metropolitan Housing Development Corp. in preparation
  7. Note Personnel Administrator of Massachusetts v. Feeney in preparation
  8. Note McCleskey v. Kemp in preparation
  9. Note Trump v. Hawaii in preparation
  10. Opinion Richmond v. J.A. Croson Co. in preparation
  11. Note Adarand Constructors, Inc. v. Peña in preparation
  12. Note Grutter v. Bollinger in preparation
  13. Note Parents Involved in Community Schools v. Seattle School District No. 1 in preparation
  14. Opinion (edited) Students for Fair Admissions, Inc. v. President and Fellows of Harvard College in preparation
  15. Opinion (edited) Louisiana v. Callais, Nos. 24-109 & 24-110 (U.S. Apr. 29, 2026) in preparation
  16. Current case Sargent v. School District of Philadelphia, No. 24-3112 (3d Cir. Feb. 2, 2026) (whether a facially neutral geographic criterion was adopted as a proxy for race). in preparation
How to read this list

A case named without a marker is assigned as an opinion and is to be read in its entirety. Opinion (edited) means the Professor has cut it for length; the text on this site is the assigned text. Note means the case is not assigned as an opinion at all — its holding, its facts to the extent they matter, and its place in the doctrinal line are given in a note written for this course, and you are responsible for that note exactly as you are responsible for an assigned opinion. Most modules close with a Current case, a recent decision chosen because it shows the doctrine you have just read being applied at its live edge; current cases are assigned as opinions. You are responsible for all assigned required materials, including the notes, questions, problems and commentary that accompany the cases, whether or not we discuss them in class.