DISCRIMINATION AND REVERSE DISCRIMINATION CLAIMS AFTER JUSTICE SCALIA
(LAWC-4040) - 2 UNITS
This course will examine the origins of the concept of "reverse discrimination" and former Supreme Court Justice Antonin Scalia's role in incorporating the concept into the U.S. Supreme Court's jurisprudence in Scalia's 30 years on the Court. The course will also trace the history, ideology, and strategy behind "reverse discrimination" claims, defining such claims as the contention that race, gender, sexual orientation, and gender-identity conscious civil rights laws and affirmative action policies discriminate against or infringe on the religious or privacy rights of whites, men, heterosexuals, or the religious. The course will explore legal and political challenges to civil rights laws, affirmative action policies, and "anti-civil rights laws" related to bathroom access, marriage rights, employment, education, and government business contracts. In addition to studying equal protection and due process constitutional law and Title VI and Title VII federal civil rights law at issue in various "reverse discrimination" cases, students in the course will consider the potential impact that Justice Scalia?s absence from the Court will have on future "reverse discrimination" and traditional discrimination claims and how the addition of a new justice to the Court could lessen the outsized role Justice Anthony Kennedy has played in determining the outcome of key race, abortion, and same-sex marriage and sexual intimacy cases over the past decade.
Students of all ideological viewpoints on the matters to be discussed in the course are welcome.
The take-home exam is the major writing required for this course but students who wish to satisfy the law school's writing requirement may be able to but only with professor's prior permission and by satisfaction of writing requirements above and beyond those for regular course credit.