Law Commons^™

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 lacks any basis …

Statutes Of Repose And The Equal Protection Clause Of The 14th Amendment Of The U.S. Constitution, Garris G. Ference

ExpressO

No abstract provided.

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

William & Mary Bill of Rights Journal

No abstract provided.

Foreword: Disabling Brown, Michael Ashley Stein

William & Mary Bill of Rights Journal

No abstract provided.

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

William & Mary Bill of Rights Journal

No abstract provided.

Who’S In And Who’S Out? Can India’S Answer Help Us Determine Who Qualifies For Affirmative Action? , Sean A. Pager

ExpressO

Who should be the beneficiaries of racially targeted affirmative action? In its Croson decision, the Supreme Court answered part of the “Who Question” when it conditioned affirmative action eligibility on underrepresentation. What the Court did not tell us was underrepresentation of whom? The Court thus instructs us to select beneficiary groups by counting heads, but leaves open which heads get counted where and what categories to use.

By artificially separating what are necessarily related inquiries, the Court left a definitional lacuna that lower courts have struggled to fill. Such definitional issues matter because they often determine who benefits from affirmative …

Transforming Society Through Law: St. George Tucker, Women's Property Rights And An Active Republican Judiciary, Mark Douglas Mcgarvie

William & Mary Law Review

No abstract provided.

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

William & Mary Bill of Rights Journal

No abstract provided.