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The Diversity Rationale For Affirmative Action In Employment After Grutter: The Case For Containment, Jared M. Mellot Dec 2006

The Diversity Rationale For Affirmative Action In Employment After Grutter: The Case For Containment, Jared M. Mellot

William & Mary Law Review

No abstract provided.


The Contradiction Between Equal Protection's Meaning And Its Legal Substance: How Deliberate Indifference Can Cure It, Derek W. Black Dec 2006

The Contradiction Between Equal Protection's Meaning And Its Legal Substance: How Deliberate Indifference Can Cure It, Derek W. Black

William & Mary Bill of Rights Journal

This Article highlights the inherent ambiguities of racial antidiscrimination's core legal language: "equal protection under the law" and "discrimination based on race." It then analyzes how and why the Court has never answered fundamental questions regarding the meaning of these terms. Thus, this Article answers these fundamental questions itself by exploring the original intent behind the Equal Protection Clause. Against this backdrop, this Article reveals how the Court's standard for assessing discrimination claims, the intent doctrine, assumes a meaning for equal protection that is inconsistent with its original meaning. Rather than reflecting equal protection's meaning, the standard lacks any basis …


Equal Protection Misapplied: The Politics Of Gender And Legitimacy And The Denial Of Inheritance, Linda Kelly Hill Oct 2006

Equal Protection Misapplied: The Politics Of Gender And Legitimacy And The Denial Of Inheritance, Linda Kelly Hill

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Female By Operation Of Law: Feminist Jurisprudence And The Legal Imposition Of Sex, Matthew Gayle Apr 2006

Female By Operation Of Law: Feminist Jurisprudence And The Legal Imposition Of Sex, Matthew Gayle

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Medicaid And The Enforceable Right To Receive Medical Assistance: The Need For A Definition Of "Medical Assistance", Kenneth R. Wiggins Feb 2006

Medicaid And The Enforceable Right To Receive Medical Assistance: The Need For A Definition Of "Medical Assistance", Kenneth R. Wiggins

William & Mary Law Review

No abstract provided.


Majority Rights, Minority Freedoms: Protestant Culture, Personal Autonomy, And Civil Liberties In Nineteenth Century America, Daniel F. Piar Feb 2006

Majority Rights, Minority Freedoms: Protestant Culture, Personal Autonomy, And Civil Liberties In Nineteenth Century America, Daniel F. Piar

William & Mary Bill of Rights Journal

No abstract provided.