ANGLAIS JURIDIQUE Flashcards
Bacon’s rebellion 1676
black and white were fighting together
colonial virginia Nathanial Bacon
jamestown was attacked and burned down
quelled 1677
- segregation, being from africa means you were a slave by nature
overview of racial discrimination in the usa
american civil war 1861 65
600 000 people were killed
south cotton
1863 NYC drafts riots, around 120 kills young people were forced to fight because of lincoln
300 dollars to be exempted
slavery
emancipation proclamation and 13th amendment 1865
indentured servants
poor europeans who were persecuted in Europe for their religion beliefs they had to emigrate in the new world and in exchange they had to be in servitude for a time, it they survived they could be free
14th amendment
1868
swann vs Charlotte Mecklenburg Bopard of education 1971
the supreme court ruled that the federal courts had the discretion to include busing as a desegragation tool to achieve racial balance
de jure segregation was addressed but de facto segregation persisted
JFK and executive order 1961
redressing persisting discrimination
giving equal opportunities in the workforce
employees are treating equally
regent of the university of california vs Bakke 1978
Allan Bakke, a white male, applied to and was rejected from the regular admissions program while minority applicants with lower grade point averages and testing scores were admitted under the specialty admissions program.
Bakke sued the medical school on grounds of discrimination
quota programs were outlawed : violation of the 14th amendment (Equal Protection Clause)
constitutionality of using race as a factor in admissions was also affirmed
a point system to integrate minorities was promoted by many universities
grutter vs bollinger 2003
University of Michigan admission policy :
150 point scale to rank applicants
100 points required to guarantee admission
automatic 20 point bonus for minorities
Gratz was denied admission. She sued the university for violation of the 14th Amendment & the Civil Rights Act.
Grutter also sued, alleging the Law School used race as a predominant factor.
The Supreme Court (5-4) upheld the University of Michigan’s affirmative action policy, ruling that race can be one of many factors considered by colleges when selecting their students because it furthers “a diverse student body.”
The Supreme Court, however, ruled that public colleges and universities could not recur to a point system to increase minority enrollment.
The University of Michigan was very soon constrained by state law. After the case, Michigan voters enacted a constitutional ban on race-conscious college admissions policies.
affirmative action limited by state law : the example of California
AA has been outlawed IN 9 states
proposition 209, 1996 amendment to the California constitution
race neutral solutions
a holistic review
preference to low income students
minority students THE CATEGORIES TEND TO OVERLAP
yet a gap persists : latinos make up to 52% high school graduates but only in the 1 tiers of the freshmen university of california
the example of Columbia University
significant increase of Hispanic & Afro-American students over the past 2 decades : up to 28% in 2021
diversity has to be made a purpose
poverty / inferior public schooling
“It’s the responsibility of a great institution to try to help to address those injustices. Secondly, it just makes complete sense to prepare your students for a world that is profoundly diverse.” — Bollinger (Columbia’s President)
saving a spot v. selecting from a pool of qualified students to better match reality
Texas + Trump administration
Fisher v. University of Texas at Austin, 2016
Undergraduate Admissions system is based on 2 components
state’s top ten percent law : automatic admission when students graduate from high school in the top 10% of their class
remainder : admission based on academic performance + “personal achievement index” (a holistic review comprising race)
The petitioner Abigail Fisher, not a top 10% student, was denied admission (2008 freshman class). Her legal challenge was rejected. The race factor, one among many, was not outlawed.
AFFIRMATIVE ACTION UNDER TRUMP’S FIRST TERM : TRUMP REVERSED OBAMA’S POLICY ON AFFIRMATIVE ACTION IN SCHOOLS
The Obama Administration (Education & Justice Departments) : issued in 2011 a guideline to establish AA policies & withstand legal scrutiny from SCOTUS.
The Trump Administration :
announced in July 2018 they would abandon Obama’s policies and would champion race blind admissions standards instead
faced opposition from major universities, such as Harvard or the University of Michigan, willing to consider race as one factor among many
hard-liners persisted in bringing AA to an end
attorney General Jeff Sessions asked federal prosecutors to investigate and sue universities over discriminatory admissions policies
new Supreme Court justices : Justices Kavanaugh, Gorsuch and Amy Coney Barrett = all conservative
students for fair admission vs Harvard
The case was filed in 2014 by Asian American students who claimed that they were systematically excluded to maintain slots for other minorities.
Harvard denied and defended their holistic admissions policy. They argued that freshman classes have roughly 25% Asian Americans, 16% African Americans & 13% Hispanic Americans. Other Ivy League universities closed ranks with Harvard stating, in a joint brief, that a ruling against Harvard would hurt diversity as a pursuit.
The US Court of Appeals for the First Circuit ruled in 2020 that Harvard does not discriminate against Asian American applicants, thereby reaffirming the Importance of race-conscious admissions. The Court upheld the decision of the U.S. District Court in Massachusetts.
In 2022, SCOTUS announced they would review the consolidated cases against Harvard and the University of North Carolina.
June 29th, 2023 : SCOTUS, in a 6-3 majority opinion, ruled that the admissions policies of both universities violated the Equal Protection Clause of the 14th Amendment.
historical background of the senkaku diaoyu islands dispute
China first discovered island in the 14th century
the japenese cabinet agreed to place japanese markers on the islands
first sino japense war 1894 1895 china signed the smhimonoseki treaty
1943 Claire declaration
Japan shall be stripped of all the territories japan has stolen from the chinese, such as manchuria, formosa, and the pescadores, which shall be restored to the republic of china
1951 San fransisco peace treaty
japan refuses all claim right and title to Formosa
the united states will have the right to exercise all and any power of administration
early 1960s
china released governement maps beginning in the 1960s
a UN group called the economic comission for asia and the far east published a report showing a high possibility of susbtantial hydrocarbon deposits
the maps was part of the annals of ryukyu, it shows that diaoyu dao and its afilliated islands are on the salling route from china to ryukyu
june 1971 Okinawa reversion treaty
the usa signe the okinawa treaty
before the signature in 1971, the nixon administration removed in the concept of japanese residual sovereignty
article 2 of the okinawa treaty : the usa has an explicit security obligation to maintain the integrity of japan
legal structure and application international law governing territorial title of islands
no general international convention
but international convention govern islands and maritime law UNCLOS 1982
unclos came into force in november 1994
article 121 o unclos : 400 miles accross, there is a problematic substantial overlap between the ZEE of two or more countries
customary law
discovery and occupation : the absence of prior calimq on the territory terra nullius
effective occupation consists of the nation and exercise actual sovereignty authority
but the islands exercice no authority
Conquest
when one state defeats another in a war or some other act of agression and the defeated state voluntarily concedes to transferring the territory in question
it cannot exist with the UN charter and other multilateral convenants and declarations that restrict the use of force
article 24
prescritption
a state may acquire territory through uninterrupted and uncontestedpeaceful exercise of state authority
not a method that international courts favor
cession
the transfer of tittle between two sovereign states in two distinct ways the first results from the use of force aginst the state ceding the territory in question
the second form of cession is affected by sale, gift, exchange, or other voluntary transaction
highly unlikely the exploitation of valuable hydrocarbons is a stake
accretion
the addition of new land to the existing territory of a state by operation of nature and without the need of any formal acts on the part of the state
ex : the island of Surtsey
not applicable because the islands were formed long before any claim was made
