Law Commons^™

The Birthright Citizenship Controversy: A Study Of Conservative Substance And Rhetoric, Allen R. Kamp

Allen R. Kamp

This essay is a critique of the conservative rhetoric used in their attack on birthright citizenship—as granted by Clause 1 of the Fourteenth Amendment, which states: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.” The rhetoric of that attack violates the traditional canons of conservative argumentation and interpretation, such as original intent and plain meaning. As such, their arguments call into question the seriousness of their allegiance to these canons.

Ricci V. Destefano And Disparate Treatment: How The Case Makes Title Vii And The Equal Protection Clause Unworkable, Allen R. Kamp

Allen R. Kamp

Abstract

Although early commentators have focused on Ricci’s discussion of disparate impact, I see what Ricci is saying about disparate treatment as being more important.

One can see Ricci as the case in which the Court came down in favor of one of two competing interpretations of the Equal Protection Clause and Title VII. The anti-subordination principle “is most concerned with actions of a majority race to intentionally subjugate members of a minority race . . . it is when government serves to ‘perpetuate . . . the subordinate status of a specially disadvantaged group that the Fourteenth Amendment is …

Ricci V. Destefano And Disparate Treatment: How The Case Makes Title Vii And The Equal Protection Clause Unworkable, Allen R. Kamp

Allen R. Kamp

ABSTRACT

Ricci v. DeStefano and Disparate Treatment: How the Case Makes Title VII and the Equal Protection Clause Unworkable

Although early commentators have focused on Ricci’s discussion of disparate impact, I see what Ricci is saying about disparate treatment as being more important. The majority and concurring opinions make proving disparate treatment much easier than under prior law, in a way that may utterly defeat that cause.

One can see Ricci as the case in which the Court came down in favor of one of two competing interpretations of the Equal Protection Clause and Title VII, “anti-subordination” and “anti-classification.” The …

Jurisprudence: A Beginner’S Simple And Practical Guide To Advanced And Complex Legal Theory, Allen R. Kamp

Allen R. Kamp

My article gives an introduction to American jurisprudence, the part of legal studies that attempts to construct a theory of law: what it is, how it functions, and what it should be. Jurisprudence deals with the history, philosophy, and sociology of the law. Legal authorities—cases and statutes—are written and interpreted, consciously or unconsciously, with the use of jurisprudential concepts. Jurisprudence is a theoretical subject, but it can provide practical insights on how to read and understand these authorities.

A Critique Of The Aals Hiring Process, Allen R. Kamp

Allen R. Kamp

The article citiques the process of hiring professors in legal academia.