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Full-Text Articles in Law
Racially-Preferential Policies In Institutions Of Higher Education: State Action Limitations On 42 U.S.C. § 1983 Complaints, John Scanlan
Racially-Preferential Policies In Institutions Of Higher Education: State Action Limitations On 42 U.S.C. § 1983 Complaints, John Scanlan
Articles by Maurer Faculty
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Racial Preferences In Higher Education: Political Responsibility And The Judicial Role, Terrance Sandalow
Racial Preferences In Higher Education: Political Responsibility And The Judicial Role, Terrance Sandalow
Book Chapters
... Professors John Hart Ely and Richard Posner have established diametrically opposed positions in the debate. Their contributions are of special interest because each undertakes to answer the question within the framework of a theory concerning the proper distribution of authority between the judiciary and the other institutions of government
...Professor Ely [see pp. 208-216, herein] defends the constitutionality of racial preferences, essentially on the ground that the equal-protection clause should not be read to prevent a majority from discriminating between itself and a minority only to its own disadvantage. The predicate for an active judicial role is lacking, ... …