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Article
Proposition 209: A New Civil Rights Revolution?
Yale Law & Policy Review (2000)
  • Richard H. Frankel
Abstract
This Note contends that voter intent surrounding [Proposition 209: the California ballot initiative that ended “preferential treatment” of minorities], when properly analyzed, expresses the people's desire for a more expansive interpretation of civil rights protections than advocated by supporters of the initiative and expressed through current judicial decisions. Specifically, voter intent indicates that voters wanted Proposition 209 to protect against preferences that are exclusionary and have a racially disparate impact even if they are not intentionally discriminatory.

How Proposition 209 should be interpreted, and how it can promote civil rights protections can be seen by analyzing the recently filed case Rios v. Regents of the University of California,13 which contests the admissions policies of University of California at Berkeley and UCLA. Although the current admissions policies appear to be perfectly consistent with conventional interpretations of Proposition 209, this Note argues that such policies should be struck down when analyzed under a more appropriate interpretive standard. Thus, Proposition 209 can promote racial equality rather than subvert it.
Disciplines
Publication Date
2000
Citation Information
Richard H. Frankel. "Proposition 209: A New Civil Rights Revolution?" Yale Law & Policy Review Vol. 18 Iss. 2 (2000)
Available at: http://works.bepress.com/richard_h_frankel/1/