Prop. 209 appeal raises hackles, critics: Cal. affirmative action opponents abused review panel selection
Article Abstract:
Some constitutional experts warn that the way in which the US Court of Appeals for the 9th Circuit upheld Proposition 209, a California affirmative-action measure, might breed a new wave of judicial forum-shopping. In Coalition for Economic Equity v. Wilson, the court lifted an injunction barring implementation of the proposition, but also ruled on the measure's merits, finding that since it addreswsed race- and gender-related matters neutrally, there was no discrimination. Since it is possible to learn who the judicial panel members are shortly before, lawyers could wait for judges who might view their side sympathetically.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1997
User Contributions:
Comment about this article or add new information about this topic:
Election result: litigation over propositions; they're racing to court in Montana, California and Washington state
Article Abstract:
Initiatives originated as a way for the people to take direct action if the legislature was not listening to them on an issue, but with the amounts of money now funding the process, this purpose is distorted. Initiatives have come to involve multimillion dollar campaigns, Web sites and lawyers ready to file briefs opposing measures with a possible negative influence on their clients.There were almost 250 statewide ballot measures across the US in 1998, with most falling into the typical categories of environmental issues, tax measures, and social reform, and many leading to litigation.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1998
User Contributions:
Comment about this article or add new information about this topic:
Calif.'s Prop 209 heads to court; opponents, supporters waste no time in suing
Article Abstract:
California's Proposition 209 has immediately become embroiled in lawsuits upon its passage by the electorate. The law is a constitutional change to end mandatory state affirmative action programs. The conservative Pacific Legal Foundation filed a state suit to implement the law. Federal suits have been filed by the Employment Law Center and Morrison and Foerster L.L.P. to strike down the law.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
User Contributions:
Comment about this article or add new information about this topic:
- Abstracts: Proof of a market for the purpose of the Trade Practices Act 1974 (Cth): a critical examination of the role played by industry evidence
- Abstracts: Proof of a market for the purpose of the Trade Practices Act 1974 (Cth): a critical examination of the role played by industry evidence. part 2
- Abstracts: Critics: firm has a conflict; it represent two Dows in breast implant litigation. A 'nightmare' for Dow? Plaintiff's lawyers assert implant maker didn't fully assess bankruptcy move
- Abstracts: Medical savings accounts. Effective retirement planning seminars: painting by the DOL numbers. Managed care and quality
- Abstracts: Death of a liberal icon: Justice William J. Brennan Jr. shaped constitutional law through personality, perseverance and vision