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Full-Text Articles in Law
The Shot (Not) Heard Round The World: Reconsidering The Perplexing U.S. Preoccupation With The Separation Of Legislative And Executive Powers, Ronald J. Krotoszynski Jr.
The Shot (Not) Heard Round The World: Reconsidering The Perplexing U.S. Preoccupation With The Separation Of Legislative And Executive Powers, Ronald J. Krotoszynski Jr.
Articles
Since the drafting of the U.S. Constitution in 1787, the document has served as a model for constitutional design for many other democratic polities. Core elements of U.S. constitutionalism, including adoption of a written constitution, entrenched and judicially enforceable human rights, and federalism, have become commonplace in other nations' constitutions. One key element of U.S. constitutional structure, however, has failed to find a receptive audience abroad: the separation of legislative and executive powers. Most modern democracies have broken with the British model of parliamentary supremacy in favor of some system of judicial enforcement of entrenched human rights, but nevertheless have …
The Argot Of Equality: On The Importance Of Disentangling Diversity And Remediation As Justifications For Race-Conscious Government Action, Ronald J. Krotoszynski Jr.
The Argot Of Equality: On The Importance Of Disentangling Diversity And Remediation As Justifications For Race-Conscious Government Action, Ronald J. Krotoszynski Jr.
Articles
The rules governing "benign" forms of race-conscious government action are easy to state but very difficult to apply in practice. A great deal of the difficulty arises from the lack of precision associated with the use of terms of art, such as "diversity," "remediation," and "affirmative action." Each of these terms should have a concrete and separate meaning, but in reality often serve as mere synonyms; this lack of precision in nomenclature is not always accidental. Although broad majorities support efforts to increase "diversity," race-conscious government action aimed at remediating past racial discrimination enjoys much more limited popular support. The …
Gender Rules, Meredith M. Render
Gender Rules, Meredith M. Render
Articles
Sex stereotypes are of perennial concern within antidiscrimination law and theory, yet there is widespread disagreement about what constitutes a "sex stereotype." This Article enters the debate surrounding the correct understanding of "stereotype" and posits that the concept is too thin to serve as a criterion for distinguishing "discriminatory" gender generalizations from non-discriminatory, probabilistic descriptions of behavior. Instead, "stereotype" is a heuristic that has been used by courts and commentators to crudely capture judgments about the justness of applying sex-respecting rules. In this light, the Article argues that the stereotype heuristic should be abandoned in favor of a rule-centered analysis …