Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Constitutional violations (2)
- Racial discrimination (2)
- Remedial regimes (2)
- Shelby County v. Holder (2)
- Voting (2)
-
- Voting Rights Act (2)
- Voting practices (2)
- African Americans (1)
- Burwell v. Hobby Lobby (1)
- Choices (1)
- City of Boerne v. Flores (1)
- Civil Rights Act of 1964 (1)
- Classifications (1)
- Congress (1)
- Deterrence (1)
- Equality (1)
- Gender and law (1)
- Griggs v. Duke Power Company (1)
- Groups (1)
- Individuals (1)
- Justice (1)
- Law reform (1)
- Minorities (1)
- Preclearance (1)
- Universalism (1)
- Voting Rights Amenment Act of 2014 (1)
- Voting rights (1)
- Publication
Articles 1 - 3 of 3
Full-Text Articles in Law and Race
Bottlenecks And Antidiscrimination Theory, Samuel R. Bagenstos
Bottlenecks And Antidiscrimination Theory, Samuel R. Bagenstos
Reviews
In American antidiscrimination theory, two positions have competed for primacy. One, anticlassification, sees the proper goal of antidiscrimination law as being essentially individualistic. The problem with discrimination, in this view, is that it classifies individuals on the basis of an irrelevant or arbitrary characteristic—and that it, as a result, denies them opportunities for which they are otherwise individually qualified. The other position, antisubordination, sees the proper goal of antidiscrimination law as being more group oriented. The problem with discrimination, in this view, is that it helps constitute a social system in which particular groups are systematically subject to disadvantage and …
Dismissing Deterrence, Ellen D. Katz
Dismissing Deterrence, Ellen D. Katz
Articles
The proposed Voting Rights Amendment Act of 20144 (VRAA)[...]’s new criteria defining when jurisdictions become subject to preclearance are acutely responsive to the concerns articulated in Shelby County[ v. Holder]. The result is a preclearance regime that, if enacted, would operate in fewer places and demand less from those it regulates. This new regime, however, would not only be more targeted and less powerful, but, curiously, more vulnerable to challenge. In fact, the regime would be more vulnerable precisely because it is so responsive to Shelby County. Some background will help us see why.
Universalism And Civil Rights (With Notes On Voting Rights After Shelby), Samuel R. Bagenstos
Universalism And Civil Rights (With Notes On Voting Rights After Shelby), Samuel R. Bagenstos
Articles
After the Supreme Court’s decision in Shelby County v. Holder, voting rights activists proposed a variety of legislative responses. Some proposals sought to move beyond measures that targeted voting discrimination based on race or ethnicity. They instead sought to eliminate certain problematic practices that place too great a burden on voting generally. Responses like these are universalist, because rather than seeking to protect any particular group against discrimination, they formally provide uniform protections to everyone. As Bruce Ackerman shows, voting rights activists confronted a similar set of questions—and at least some of them opted for a universalist approach—during the campaign …