Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Comparative Constitutional Law (1)
- Comparative Law (1)
- Constitutional Interpretation (1)
- Constitutional Law (1)
- Constitutional Pluralism (1)
-
- Constitutionalism (1)
- Disparate-impact standards (1)
- Equal Protection Clause (1)
- European Union (1)
- Fair Housing Act (1)
- Firefighters (1)
- Pluralism (1)
- Race-conscious decisionmaking (1)
- Ricci v. DeStefano (1)
- Ten Percent Plan (1)
- Tests (1)
- Texas Department of Housing and Community Affairs v. Inclusive Communities Project (1)
- Title VII (1)
Articles 1 - 2 of 2
Full-Text Articles in Law
Pluralism In Marbury And Van Gend, Daniel Halberstam
Pluralism In Marbury And Van Gend, Daniel Halberstam
Book Chapters
‘Great cases, like hard cases, make bad law’, Oliver Wendell Holmes, Jr, famously remarked in his first Supreme Court dissent. For Holmes, ‘great cases are called great, not by reason of their real importance in shaping the law of the future, but because of some accident of immediate overwhelming interest which appeals to the feelings and distorts the judgment’. On this account neither Marbury v Madison70 nor Van Gend en Loos would qualify. Van Gend was a case of great principle without greatly interesting facts. And Marbury was a great political battle that nevertheless produced a case of great principle.
Of Visible Race-Consciousness And Institutional Role: Equal Protection And Disparate Impact After Ricci And Inclusive Communities, Richard A. Primus
Of Visible Race-Consciousness And Institutional Role: Equal Protection And Disparate Impact After Ricci And Inclusive Communities, Richard A. Primus
Book Chapters
Six years ago, Ricci v. DeStefano foregrounded the possibility that statutory disparate-impact standards like the one in Title VIl might be on a collision course with the Fourteenth Amendment's Equal Protection Clause. For many observers, it was a radically new possibility. Until that point, disparate-impact doctrine had usually been understood as an ally of equal protection rather than as a potentially conflicting aspect of the law. But between the 1970s and the beginning of the present century, equal protection doctrine became more individualistic and less tolerant of race-conscious actions intended to redress inherited racial hierarchies. Those developments put equal protection …