Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Equal protection (2)
- 14th Amendment (1)
- Bastardy (1)
- Civil rights (1)
- Clarence Thomas (1)
-
- Congressional redistricting (1)
- Constitutional law (1)
- Dignity-based claims (1)
- Economic justice (1)
- Equal Protection (1)
- Family (1)
- Fourteenth amendment (1)
- Illegitimacy penalties (1)
- Illegitimate children (1)
- LGBT rights (1)
- Legal history (1)
- Marital status (1)
- Nonmarital fatherhood (1)
- Paternity (1)
- Race (1)
- Race Issues; Civil Rights; Fourteenth Amendment (1)
- Racial & sexual discrimination (1)
- Racial equality (1)
- Racial hierarchy (1)
- Racial justice (1)
- Representation (1)
- SCOTUS (1)
- Supreme Court of the United States (1)
- Supreme court (1)
- Suspect classes (1)
Articles 1 - 5 of 5
Full-Text Articles in Law and Race
Race, Partisan Gerrymandering And The Constitution, John M. Greabe
Race, Partisan Gerrymandering And The Constitution, John M. Greabe
Law Faculty Scholarship
[Excerpt] “For the most part, the Constitution speaks in generalities. The 14th Amendment, for example, instructs the states to provide all persons the "equal protection of the laws." But obviously, this cannot mean that states are always forbidden from treating a person differently than any other person. Children can, of course, be constitutionally barred from driving, notwithstanding the Equal Protection Clause. Thus, there is a need within our constitutional system to refine the Constitution's abstract provisions.”
Reflection: How Multiracial Lives Matter 50 Years After Loving, Lauren Sudeall Lucas
Reflection: How Multiracial Lives Matter 50 Years After Loving, Lauren Sudeall Lucas
Faculty Publications By Year
Black Lives Matter. All Lives Matter. These two statements are both true, but connote very different sentiments in our current political reality. To further complicate matters, in this short reflection piece, I query how multiracial lives matter in the context of this heated social and political discussion about race. As a multiracial person committed to racial justice and sympathetic both to those pushing for recognition of multiracial identity and to those who worry such recognition may undermine larger movements, these are questions I have long grappled with both professionally and personally. Of course, multiracial lives matter - but do they …
Undignified: The Supreme Court, Racial Justice, And Dignity Claims, Darren L. Hutchinson
Undignified: The Supreme Court, Racial Justice, And Dignity Claims, Darren L. Hutchinson
Faculty Articles
The Supreme Court has interpreted the Equal Protection Clause as a formal equality mandate. In response, legal scholars have advocated alternative conceptions of equality, such as antisubordination theory, that interpret equal protection in more substantive terms. Antisubordination theory would consider the social context in which race-based policies emerge and recognize material distinctions between policies intended to oppress racial minorities and those designed to ameliorate past and current racism. Antisubordination theory would also closely scrutinize facially neutral state action that systemically disadvantages vulnerable social groups. The Court has largely ignored these reform proposals. Modern Supreme Court rulings, however, have invoked the …
Intersectionality And The Constitution Of Family Status, Serena Mayeri
Intersectionality And The Constitution Of Family Status, Serena Mayeri
All Faculty Scholarship
Marital supremacy—the legal privileging of marriage—is, and always has been, deeply intertwined with inequalities of race, class, gender, and region. Many if not most of the plaintiffs who challenged legal discrimination based on family status in the 1960s and 1970s were impoverished women, men, and children of color who made constitutional equality claims. Yet the constitutional law of the family is largely silent about the status-based impact of laws that prefer marriage and disadvantage non-marital families. While some lower courts engaged with race-, sex-, and wealth-based discrimination arguments in family status cases, the Supreme Court largely avoided recognizing, much less …
"To Help, Not To Hurt": Justice Thomas's Equality Canon, Nicole Stelle Garnett, William S. Consovoy
"To Help, Not To Hurt": Justice Thomas's Equality Canon, Nicole Stelle Garnett, William S. Consovoy
Journal Articles
To comprehend Justice Thomas’s views on racial equality requires an understanding of how his life experiences influence his approach to questions of race and the law. Recurring themes in his opinions about racial equality include his belief that racial preferences stigmatize their beneficiaries, his concern that the prevailing notion that racial integration is necessary to black achievement is rooted in a presumption of racial inferiority, his worry that affirmative action efforts provide cover for the failure to address the urgent needs of disadvantaged Americans, and his knowledge that seemingly benign policies can mask illicit motives. Finally, Justice Thomas contends that …