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Civil Rights and Discrimination Commons™
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Full-Text Articles in Civil Rights and Discrimination
Equality Is A Brokered Idea, Robert L. Tsai
Equality Is A Brokered Idea, Robert L. Tsai
Faculty Scholarship
This essay examines the Supreme Court's stunning decision in the census case, Department of Commerce v. New York. I characterize Chief Justice John Roberts' decision to side with the liberals as an example of pursuing the ends of equality by other means – this time, through the rule of reason. Although the appeal was limited in scope, the stakes for political and racial equality were sky high. In blocking the administration from adding a citizenship question to the 2020 Census, 5 members of the Court found the justification the administration gave to be a pretext. In this instance, that lie …
Immigration Unilateralism And American Ethnonationalism, Robert L. Tsai
Immigration Unilateralism And American Ethnonationalism, Robert L. Tsai
Faculty Scholarship
This paper arose from an invited symposium on "Democracy in America: The Promise and the Perils," held at Loyola University Chicago School of Law in Spring 2019. The essay places the Trump administration’s immigration and refugee policy in the context of a resurgent ethnonationalist movement in America as well as the constitutional politics of the past. In particular, it argues that Trumpism’s suspicion of foreigners who are Hispanic or Muslim, its move toward indefinite detention and separation of families, and its disdain for so-called “chain migration” are best understood as part of an assault on the political settlement of the …
Reynolds Reconsidered, Guy-Uriel E. Charles, Luis Fuentes-Rohwer
Reynolds Reconsidered, Guy-Uriel E. Charles, Luis Fuentes-Rohwer
Faculty Scholarship
No abstract provided.
Do We Care Enough About Racial Inequality? Reflections On The River Runs Dry, Guy-Uriel Charles
Do We Care Enough About Racial Inequality? Reflections On The River Runs Dry, Guy-Uriel Charles
Faculty Scholarship
In response to Kimberly West-Faulcon, The River Runs Dry: When Title VI Trumps State Anti–Affirmative Action Laws, 157 University of Pennsylvania Law Review 1075 (2009)