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Articles 1 - 17 of 17
Full-Text Articles in Law
The Diversity Rationale For Affirmative Action In Employment After Grutter: The Case For Containment, Jared M. Mellot
The Diversity Rationale For Affirmative Action In Employment After Grutter: The Case For Containment, Jared M. Mellot
William & Mary Law Review
No abstract provided.
Emergence Of Equality As A Constitutional Value: The First Century, William M. Wiecek
Emergence Of Equality As A Constitutional Value: The First Century, William M. Wiecek
Chicago-Kent Law Review
Equality as a constitutional value was unprecedented when it made its appearance in 1868 in the Equal Protection Clause of the Fourteenth Amendment. It reflected antebellum abolitionist ideals adopted hesitantly by Northern Republicans during Reconstruction, but these were incompatible with the expectations of most white Americans of the era, as well as with all previous American experiences. In this sense, equality was a revolutionary constitutional value. The framers of the Fourteenth Amendment intended the Equal Protection Clause and its embedded ideal of interracial equality to reverse the racist dicta of the Dred Scott opinion, to validate the Civil Rights Act …
The Contradiction Between Equal Protection's Meaning And Its Legal Substance: How Deliberate Indifference Can Cure It, Derek W. Black
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 …
Equal Protection Misapplied: The Politics Of Gender And Legitimacy And The Denial Of Inheritance, Linda Kelly Hill
Equal Protection Misapplied: The Politics Of Gender And Legitimacy And The Denial Of Inheritance, Linda Kelly Hill
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Grutter Effects: Implications For "Re-Desegregation" Of Public Education In Georgia?, Christopher J. Sullivan
Grutter Effects: Implications For "Re-Desegregation" Of Public Education In Georgia?, Christopher J. Sullivan
Georgia State University Law Review
No abstract provided.
Marriage Mimicry: The Law Of Domestic Violence, Ruth Colker
Marriage Mimicry: The Law Of Domestic Violence, Ruth Colker
William & Mary Law Review
In this Article, Professor Colker argues that the legal system does not simply privilege those in marital relationships but has now begun to privilege those in "marriage-like" relationships through what she terms a marriage-mimicry model. She uses the law of domestic violence to critique this model. She traces the haphazard development of the law of domestic violence and argues that it has served to underprotect many of the victims of domestic violence because lawmakers have reflexively only provided legal recourse for those in marriage-like relationships without asking who is most in need of legal protection. She argues that the legal …
Foreword: Disabling Brown, Michael Ashley Stein
Foreword: Disabling Brown, Michael Ashley Stein
William & Mary Bill of Rights Journal
No abstract provided.
Cutter And The Preferred Position Of The Free Exercise Clause, Steven Goldberg
Cutter And The Preferred Position Of The Free Exercise Clause, Steven Goldberg
William & Mary Bill of Rights Journal
No abstract provided.
Sexuality And Sovereignty: The Global Limits And Possibilities Of A Lawrence, Sonia K. Katyal
Sexuality And Sovereignty: The Global Limits And Possibilities Of A Lawrence, Sonia K. Katyal
William & Mary Bill of Rights Journal
No abstract provided.
From Stonewall To The Suburbs? Toward A Political Economy Of Sexuality, Angela P. Harris
From Stonewall To The Suburbs? Toward A Political Economy Of Sexuality, Angela P. Harris
William & Mary Bill of Rights Journal
No abstract provided.
What About Our Future - The Chaos That Is The Texas School Finance System., Brian Stork
What About Our Future - The Chaos That Is The Texas School Finance System., Brian Stork
The Scholar: St. Mary's Law Review on Race and Social Justice
The current school finance system has failed to address the changing demographics of the state and has serious, long lasting negative effects on disadvantaged students by not providing better funding, services, or facilities. None of the attempts made to fix this glaring problem of inequity within the Texas school finance system has done anything besides point out these blatant flaws and patchwork approach to solving them. Judge Dietz concluded that since the current school finance system does not properly meet the general diffusion of knowledge requirement proscribed by Article VII, Section 1 of the Texas Constitution, it is inadequate and …
Transforming Society Through Law: St. George Tucker, Women's Property Rights And An Active Republican Judiciary, Mark Douglas Mcgarvie
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
Is Economic Exclusion A Legitimate State Interest? Four Recent Cases Test The Boundaries, Timothy Sandefur
William & Mary Bill of Rights Journal
No abstract provided.
"There Is Only One Equal Protection Clause": An Appreciation Of Justice Stevens's Equal Protection Jurisprudence, James E. Fleming
"There Is Only One Equal Protection Clause": An Appreciation Of Justice Stevens's Equal Protection Jurisprudence, James E. Fleming
Fordham Law Review
No abstract provided.
Backward-Looking Laws And Equal Protection: The Case Of Black Reparations, Daniel A. Farber
Backward-Looking Laws And Equal Protection: The Case Of Black Reparations, Daniel A. Farber
Fordham Law Review
No abstract provided.
Disparate Impact, Discrimination, And The Essentially Contested Concept Of Equality, George Rutherglen
Disparate Impact, Discrimination, And The Essentially Contested Concept Of Equality, George Rutherglen
Fordham Law Review
No abstract provided.
Equal Protection Unmodified: Justice John Paul Stevens And The Case For Unmediated Constitutional Interpretation, Andrew M. Siegel
Equal Protection Unmodified: Justice John Paul Stevens And The Case For Unmediated Constitutional Interpretation, Andrew M. Siegel
Fordham Law Review
No abstract provided.