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Tradition As Justification: The Case Of Opposite-Sex Marriage, Kim Forde-Mazrui

Kim Forde-Mazrui

A central point of contention in the national debate over same-sex marriage is the importance of preserving tradition. That debate also features prominently in constitutional litigation over bans on same-sex marriage. Opponents of such bans argue that tradition is an illegitimate justification for them, while defenders of traditional marriage contend that tradition is not only a legitimate justification, it is sufficiently important to withstand heightened judicial scrutiny.

This article assesses tradition as a justification for laws challenged on equal protection grounds, with a focus on laws that limit marriage to different-sex couples. The article makes two main points. First, it …

Ruling Out The Rule Of Law, Kim Forde-Mazrui

Kim Forde-Mazrui

Although criminal justice scholars continue to debate the overall value of the void-for-vagueness doctrine, broad consensus prevails that requiring crimes to be defined in specific terms reduces law enforcement discretion. A few scholars have questioned this assumption, but the conventional view remains dominant. This Article intends to resolve the question whether the void-for-vagueness doctrine really reduces police discretion. It focuses on traffic enforcement, a context in which laws are both specific and subject to discretionary enforcement. The Article concludes that specific rules do not constrain discretion unless judicial limits are placed either on the scope of activities that may be …

Learning Law Through The Lens Of Race, Kim Forde-Mazrui

Kim Forde-Mazrui

No abstract provided.

Taking Conservatives Seriously: A Moral Justification For Affirmative Action And Reparations, Kim Forde-Mazrui

Kim Forde-Mazrui

Underlying the debate over affirmative action and reparations for black Americans is a dispute about the extent to which American society is responsible for present effects of past racial discrimination. Although much has been written on the subject, the scholarship too often sheds more heat than light, and tends to be dominated by extreme positions incapable of taking opposing claims seriously. This Article weighs in on this debate in a novel and constructive manner. The Article defends a societal obligation to remedy past discrimination by accepting, rather than dismissing, principles of conservatives who oppose affirmative action and reparations. Taking conservatives …