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“You've Got To Be Carefully Taught”: Justifying Affirmative Action After Croson And Adarand, 74 N.C. L. Rev. 1141 (1996), Donald L. Beschle Jun 2015

“You've Got To Be Carefully Taught”: Justifying Affirmative Action After Croson And Adarand, 74 N.C. L. Rev. 1141 (1996), Donald L. Beschle

Donald L. Beschle

In this Article Professor Beschle assesses the continuing legitimacy of affirmative action as a governmental response to racial discrimination. The author begins with a historical review of Supreme Court decisions in which the Court has determined the circumstances under which affirmative action programs are permissible. Next, Professor Beschle surveys the views of contemporary social scientists who contend that racial bias is an instinctive human characteristic, rather than simply a learned attitude. Finally, the author considers the implications of the work of these theorists for the future of affirmative action. Professor Beschle concludes that the ongoing need for governmental action to …


Lawrence Beyond Gay Rights: Taking The Rationality Requirement For Justifying Criminal Statutes Seriously, 53 Drake L. Rev. 231 (2005), Donald L. Beschle Jun 2015

Lawrence Beyond Gay Rights: Taking The Rationality Requirement For Justifying Criminal Statutes Seriously, 53 Drake L. Rev. 231 (2005), Donald L. Beschle

Donald L. Beschle

No abstract provided.


Kant's Categorical Imperative: An Unspoken Factor In Constitutional Rights Balancing, Donald L. Beschle Jun 2015

Kant's Categorical Imperative: An Unspoken Factor In Constitutional Rights Balancing, Donald L. Beschle

Donald L. Beschle

No abstract provided.