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Full-Text Articles in Law
Desperately Seeking Science, Francis J. Mootz Iii
Desperately Seeking Science, Francis J. Mootz Iii
McGeorge School of Law Scholarly Articles
No abstract provided.
Balanced Scholarship And Racial Balance, Brian K. Landsberg
Balanced Scholarship And Racial Balance, Brian K. Landsberg
McGeorge School of Law Scholarly Articles
Professor Landsberg presents a responsive essay to Kirk Kennedy's Race-Exclusive Scholarships: Constitutional Vel Non. Professor Landsberg argues for the preservation of the Supreme Court's balanced approach to assessing the validity of affirmative action programs. Landsberg notes approvingly that the Court "has carefully avoided absolutes in deciding affirmative action cases," and criticizes Mr. Kennedy for his support of an absolute, all-or-nothing approach to race-exclusive scholarships. Landsberg argues first, that Regents of the University of California v. Bakke remains good law and that universities should not be enjoined from all race-conscious decisionmaking; second, that race-exclusive scholarships may, in narrow circumstances, be …
Adding Complexity To Confusion And Seeing The Light: Feminist Legal Insights And The Jurisprudence Of The Religion Clauses, Leslie Gielow Jacobs
Adding Complexity To Confusion And Seeing The Light: Feminist Legal Insights And The Jurisprudence Of The Religion Clauses, Leslie Gielow Jacobs
McGeorge School of Law Scholarly Articles
No abstract provided.
More Noise From The Tower Of Babel: Making "Sense" Out Of Reves V. Ernst & Young, Michael Vitiello
More Noise From The Tower Of Babel: Making "Sense" Out Of Reves V. Ernst & Young, Michael Vitiello
McGeorge School of Law Scholarly Articles
No abstract provided.
The International Law Commission Adopts Draft Articles On International Watercourses, Stephen C. Mccaffrey
The International Law Commission Adopts Draft Articles On International Watercourses, Stephen C. Mccaffrey
McGeorge School of Law Scholarly Articles
No abstract provided.
Squeeze-Outs And Freeze-Outs In Limited Liability Companies, Franklin A. Gevurtz
Squeeze-Outs And Freeze-Outs In Limited Liability Companies, Franklin A. Gevurtz
McGeorge School of Law Scholarly Articles
No abstract provided.
The Federal Government And The Promise Of Brown, Brian K. Landsberg
The Federal Government And The Promise Of Brown, Brian K. Landsberg
McGeorge School of Law Scholarly Articles
The U.S. Department of Justice has played an important role in the development and enforcement of school desegregation law, by participating in Brown and later cases. From the Truman administration to the present, the thrust of government policy has been to promote unity and vindicate the unmet promise of the equal protection clause. The ambiguity of the Supreme Court's decision in Brown has allowed considerable flexibility in defining and remedying discrimination. Whether Brown failed or succeeded depends on which possible meaning of Brown one accepts. The department now should protect the gains under Brown from retrogressive attacks and should oppose …
Even More Honest Than Ever Before: Abandoning Pretense And Recreating Legitimacy In Constitutional Interpretation, Leslie Gielow Jacobs
Even More Honest Than Ever Before: Abandoning Pretense And Recreating Legitimacy In Constitutional Interpretation, Leslie Gielow Jacobs
McGeorge School of Law Scholarly Articles
In this article, Professor Leslie Gielow Jacobs asserts that the Supreme Court, by becoming mired in a formalistic mode of reporting decisions, has sacrificed the legitimacy of its interpretive process. She argues that this sacrifice stems from contemporary Supreme Court opinions' failure to acknowledge alternatives and value judgments that inevitably are a part of decision making. She explores several recent decisions by the Court, noting the detrimental impact of formalism in each. Professor Jacobs then suggests a new method of reporting, defining, and structuring its components into a method which can recreate legitimacy in the interpretive process.
International Environmental Law And World Order (Book Review), John G. Sprankling
International Environmental Law And World Order (Book Review), John G. Sprankling
McGeorge School of Law Scholarly Articles
No abstract provided.