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2006

College of William & Mary Law School

Equal Protection

William & Mary Bill of Rights Journal

Articles 1 - 6 of 6

Full-Text Articles in Law

The Contradiction Between Equal Protection's Meaning And Its Legal Substance: How Deliberate Indifference Can Cure It, Derek W. Black Dec 2006

The Contradiction Between Equal Protection's Meaning And Its Legal Substance: How Deliberate Indifference Can Cure It, Derek W. Black

William & Mary Bill of Rights Journal

This Article highlights the inherent ambiguities of racial antidiscrimination's core legal language: "equal protection under the law" and "discrimination based on race." It then analyzes how and why the Court has never answered fundamental questions regarding the meaning of these terms. Thus, this Article answers these fundamental questions itself by exploring the original intent behind the Equal Protection Clause. Against this backdrop, this Article reveals how the Court's standard for assessing discrimination claims, the intent doctrine, assumes a meaning for equal protection that is inconsistent with its original meaning. Rather than reflecting equal protection's meaning, the standard ...


Sexuality And Sovereignty: The Global Limits And Possibilities Of A Lawrence, Sonia K. Katyal Apr 2006

Sexuality And Sovereignty: The Global Limits And Possibilities Of A Lawrence, Sonia K. Katyal

William & Mary Bill of Rights Journal

No abstract provided.


Cutter And The Preferred Position Of The Free Exercise Clause, Steven Goldberg Apr 2006

Cutter And The Preferred Position Of The Free Exercise Clause, Steven Goldberg

William & Mary Bill of Rights Journal

No abstract provided.


Foreward: Disabling Brown, Michael Ashley Stein Apr 2006

Foreward: Disabling Brown, Michael Ashley Stein

William & Mary Bill of Rights Journal

No abstract provided.


From Stonewall To The Suburbs? Toward A Political Economy Of Sexuality, Angela P. Harris Apr 2006

From Stonewall To The Suburbs? Toward A Political Economy Of Sexuality, Angela P. Harris

William & Mary Bill of Rights Journal

No abstract provided.


Is Economic Exclusion A Legitimate State Interest? Four Recent Cases Test The Boundaries, Timothy Sandefur Feb 2006

Is Economic Exclusion A Legitimate State Interest? Four Recent Cases Test The Boundaries, Timothy Sandefur

William & Mary Bill of Rights Journal

No abstract provided.