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Full-Text Articles in Law
Glimmers Of Hope: The Evolution Of Equality Rights Doctrine In Japanese Courts From A Comparative Perspective, Craig Martin
Glimmers Of Hope: The Evolution Of Equality Rights Doctrine In Japanese Courts From A Comparative Perspective, Craig Martin
Duke Journal of Comparative & International Law
No abstract provided.
Rethinking Colorblind State Action: A Thought Experiment On Racial Preferences, Michele Goodwin, Nevin Gewertz
Rethinking Colorblind State Action: A Thought Experiment On Racial Preferences, Michele Goodwin, Nevin Gewertz
Law and Contemporary Problems
No abstract provided.
Constructing The Co-Ed Military, Elaine Donnelly
Constructing The Co-Ed Military, Elaine Donnelly
Duke Journal of Gender Law & Policy
During a pre-launch test of the Apollo One spacecraft,1 an electrical spark ignited the pure-oxygen atmosphere inside the cramped capsule, killing astronauts Virgil Grissom, Edward White, and Roger Chafee.2 Critics demanded to know why the mechanical and electrical engineers of the National Aeronautic and Space Administration (NASA) failed to recognize the inherent dangers of operating in a pure-oxygen environment. To ensure that the intent of Congress is carried out with regard to homosexuals in the military, the Secretary of Defense should: * Improve understanding and enforcement of the law by eliminating the Clinton Administration's enforcement regulations, known as "Don't Ask, …
Race-Conscious Student Assignment Plans: Balkanization, Integration, And Individualized Consideration, Neil S. Siegel
Race-Conscious Student Assignment Plans: Balkanization, Integration, And Individualized Consideration, Neil S. Siegel
Duke Law Journal
In deciding Meredith v. Jefferson County Board of Education and Parents Involved in Community Schools v. Seattle School District No. 1, the Supreme Court of the United States will likely confront a critical issue to emerge from the lower court opinions on voluntary integration plans: whether school districts that use race as a factor in student assignment must comply with a legal requirement of individualized consideration. The Court has imposed such a requirement in other contexts, but it has not clearly explained what the concept of individualized consideration means and why particular forms of it matter.
Moving Past Hippies And Harassment: A Historical Approach To Sex, Appearance, And The Workplace, Erica Williamson
Moving Past Hippies And Harassment: A Historical Approach To Sex, Appearance, And The Workplace, Erica Williamson
Duke Law Journal
No abstract provided.
Diversity And The Practice Of Interest Assessment, Robert F. Nagel
Diversity And The Practice Of Interest Assessment, Robert F. Nagel
Duke Law Journal
No abstract provided.
Indirect Constitutional Discourse: A Comment On Meese, Robert F. Nagel
Indirect Constitutional Discourse: A Comment On Meese, Robert F. Nagel
Law and Contemporary Problems
Nagel responds to Alan J. Meese's comments on Pres Clinton's actions following the Supreme Court's decision in "Regents of the University of California v. Bakke." While the Clinton Administration's strategy does not produce the best possible form of constitutional dialogue, it does produce another recognizable form of dialogue, one full of confusion and hypocrisy but a surprisingly central and entrenched part of the practice of judicial review itself.
Writing Off Race, Girardeau A. Spann
Writing Off Race, Girardeau A. Spann
Law and Contemporary Problems
Because the US Constitution says absolutely nothing about affirmative action, the Supreme Court should have absolutely nothing to say about it either. Rather, the political branches should set the nation's affirmative action policy, and they should do so with political leadership provided by the President. Spann considers Pres Clinton's record on affirmative action.
Bakke Betrayed, Alan J. Meese
Bakke Betrayed, Alan J. Meese
Law and Contemporary Problems
While it seems that a President who disagrees with the Supreme Court's account of the Constitution faces only two choices--to enforce the Court's decision or defy the Court and take his case to a skeptical populace--there is a third way in which the President can publicly embrace the doctrine in question, while at the same time refusing to follow it. Pres Clinton's Administration has followed just such a third way approach to "Regents of the University of California v. Bakke."
Proposition 209, Girardeau A. Spann
The New Logic Of Affirmative Action, Charles W. Collier
The New Logic Of Affirmative Action, Charles W. Collier
Duke Law Journal
No abstract provided.
Posner On Duncan Kennedy And Racial Difference: White Authority In The Legal Academy, Jerome Mccristal Culp Jr.
Posner On Duncan Kennedy And Racial Difference: White Authority In The Legal Academy, Jerome Mccristal Culp Jr.
Duke Law Journal
No abstract provided.
Duncan Kennedy On Affirmative Action, Richard A. Posner
Duncan Kennedy On Affirmative Action, Richard A. Posner
Duke Law Journal
No abstract provided.
A Cultural Pluralist Case For Affirmative Action In Legal Academia, Duncan Kennedy
A Cultural Pluralist Case For Affirmative Action In Legal Academia, Duncan Kennedy
Duke Law Journal
No abstract provided.
Professor Dworkin’S External/Personal Preference Distinction, John Hart Ely
Professor Dworkin’S External/Personal Preference Distinction, John Hart Ely
Duke Law Journal
No abstract provided.
The Presence Of State Action In United Steelworkers V. Weber, Randolph K. Herndon
The Presence Of State Action In United Steelworkers V. Weber, Randolph K. Herndon
Duke Law Journal
No abstract provided.