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Full-Text Articles in Fourteenth Amendment
Fisher V. University Of Texas At Austin: Navigating The Narrows Between Grutter And Parents Involved, Kimberly A. Pacelli
Fisher V. University Of Texas At Austin: Navigating The Narrows Between Grutter And Parents Involved, Kimberly A. Pacelli
Maine Law Review
Universities’ use of race as a factor in their admissions decisions has been a divisive issue both in the legal system and in political discourse. Opponents of affirmative action have challenged racial preferences in public university admissions under the Equal Protection Clause of the Fourteenth Amendment. Individuals who find themselves denied a coveted seat in a university class and suspect that racial preferences are to blame will often challenge their rejection as a denial of their state’s “equal protection of the laws.” The United States Court of Appeals for the Fifth Circuit recently considered whether the University of Texas at …
Reason And Reasonableness: The Necessary Diversity Of The Common Law, Frederic G. Sourgens
Reason And Reasonableness: The Necessary Diversity Of The Common Law, Frederic G. Sourgens
Maine Law Review
This Article addresses the central concept of “reasonableness” in the common law and constitutional jurisprudence. On the basis of three examples, the common law of torts, the common law of contracts, and Fourth Amendment jurisprudence, the Article notes that different areas of the law follow fundamentally inconsistent utilitarian, pragmatic, and formalist reasonableness paradigms. The significance of this diversity of reasonableness paradigms remains largely under-theorized. This Article submits that the diversity of reasonableness paradigms is a necessary feature of the common law. It theorizes that the utilitarian, pragmatic and formalistic paradigms are structural elements driving the common law norm-generation process. This …