Law Commons^™

Foreword, National Injunctions: What Does The Future Hold?, Suzette Malveaux

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This Foreword is to the 27th Annual Ira C. Rothgerber Jr. Conference, National Injunctions: What Does the Future Hold?, which was hosted by The Byron R. White Center for the Study of American Constitutional Law at the University of Colorado Law School, on Apr. 5, 2019.

Preclusion Law As A Model For National Injunctions, Suzette M. Malveaux

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No abstract provided.

Class Actions, Civil Rights, And The National Injunction, Suzette M. Malveaux

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This essay is a response to Professor Samuel Bray’s article proposing a blanket prohibition against injunctions that enjoin a defendant’s conduct with respect to nonparties. He argues that national injunctions are illegitimate under Article III and traditional equity and result in a number of difficulties.

This Response argues, from a normative lens, that Bray’s proposed ban on national injunctions should be rejected. Such a bright-line rule against national injunctions is too blunt an instrument to address the complexity of our tripartite system of government, our pluralistic society and our democracy. Although national injunctions may be imperfect and crude forms of …

Recovering Forgotten Struggles Over The Constitutional Meaning Of Equality, Helen Norton

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No abstract provided.

"We Reserve The Right To Refuse Service To Anyone.", Jennifer S. Hendricks

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This essay is based on remarks at the 2008 teaching conference of the Society of American Law Teachers, on the theme Teaching for Social Change When You're Not Preaching to the Choir. It reflects on my experience as a liberal/progressive teaching constitutional law in a conservative southern state. It also explores the importance of not just training students in the skills of a junior lawyer but also preparing them for their long-term obligations as citizens and members of the bar.

Stepping Through Grutter's Open Doors: What The University Of Michigan Affirmative Action Cases Mean For Race-Conscious Government Decisionmaking, Helen Norton

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In Grutter, a majority of the Court for the first time identified an instrumental justification for race-based government decisionmaking as compelling - specifically, a public law school's interest in attaining a diverse student body. Grutter not only recognized the value of diversity in higher education, but left open the possibility that the Court might find similar justifications compelling as well.

The switch to instrumental justifications for affirmative action appears a strategic response to the Court's narrowing of the availability of remedial rationales. A number of thoughtful commentators, however, have reacted to this trend with concern and even dismay, questioning …

Diversity And The Practice Of Interest Assessment, Robert F. Nagel

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No abstract provided.

Subtracting Sexism From The Classroom: Law And Policy In The Debate Over All-Female Math And Science Classes In Public Schools, Carolyn B. Ramsey

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No abstract provided.

Utilitarianism Left And Right: A Response To Professor Armour, Robert F. Nagel

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No abstract provided.

California’S Proposition 187--Does It Mean What It Says? Does It Say What It Means? A Textual And Constitutional Analysis, Lolita K. Buckner Inniss

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No abstract provided.

Affirmative Action As A Women's Issue, Helen Norton

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No abstract provided.

Shaw V. Reno: On The Borderline, Emily Calhoun

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No abstract provided.

The First Amendment And Distributional Voting Rights Controversies, Emily M. Calhoun

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No abstract provided.

The Supreme Court And The Constitutional Rights Of Prisoners: A Reappraisal, Emily Calhoun

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No abstract provided.

The Thirteenth And Fourteenth Amendments: Constitutional Authority For Federal Legislation Against Private Sex Discrimination, Emily Calhoun

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No abstract provided.