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Law and Race Commons

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Constitutional Law

Michigan Journal of International Law

Race and law

Publication Year

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Full-Text Articles in Law and Race

Race-Based Affirmative Action And International Law, Jordan J. Paust Jan 1997

Race-Based Affirmative Action And International Law, Jordan J. Paust

Michigan Journal of International Law

International law, which is part of the supreme law of the United States, provides significant affirmation of the legal propriety of race-based affirmative action. At least two human rights treaties ratified by the United States are particularly useful in identifying the acceptability of certain measures of affirmative action as well as the duty to take special and concrete measures of affirmative action in certain circumstances. Such a duty is not merely based in supreme federal law, relevant to decision-making at federal and state levels, but is also contained in federal policy relevant to the constitutional precept of federal preemption. Treaty-based …


Towards Democracy In A New South Africa, Adrien Katherine Wing Jan 1995

Towards Democracy In A New South Africa, Adrien Katherine Wing

Michigan Journal of International Law

Review of Constitutional Options for a Democratic South Africa: A Comparative Perspective by Ziyad Motala