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Articles 1 - 3 of 3
Full-Text Articles in Law and Race
Affirmative Action As Government Speech, William M. Carter Jr.
Affirmative Action As Government Speech, William M. Carter Jr.
Articles
This article seeks to transform how we think about “affirmative action.” The Supreme Court’s affirmative action jurisprudence appears to be a seamless whole, but closer examination reveals important differences. Government race-consciousness sometimes grants a benefit to members of a minority group for remedial or diversifying purposes. But the government may also undertake remedial or diversifying race-conscious action without it resulting in unequal treatment or disadvantage to non-minorities. Under the Court’s current equal protection doctrine, both categories of cases are treated as presumptively unconstitutional. Race-consciousness itself has become a constitutional harm, regardless of tangible effects.
Prior scholarship has suggested that the …
Jury Nullification, Race, And The Wire, James M. Keneally
Jury Nullification, Race, And The Wire, James M. Keneally
NYLS Law Review
No abstract provided.
Clearing Civil Procedure Hurdles In The Quest For Justice, Suzette M. Malveaux
Clearing Civil Procedure Hurdles In The Quest For Justice, Suzette M. Malveaux
Publications
No abstract provided.