Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law and Race
Ricci V. Destefano And Disparate Treatment: How The Case Makes Title Vii And The Equal Protection Clause Unworkable, 39 Cap. U. L. Rev. 1 (2011), Allen R. Kamp
UIC Law Open Access Faculty Scholarship
No abstract provided.
The Once And Future Equal Protection Doctrine?, Mario L. Barnes, Erwin Chemerinsky
The Once And Future Equal Protection Doctrine?, Mario L. Barnes, Erwin Chemerinsky
Articles
This Essay is the third in a series of pieces assessing Equal Protection Doctrine and jurisprudence. Here, we endeavor to do two things: (1) to utilize constitutional structure, text, and history to interrogate the concept of equality protected under the Fourteenth Amendment; and (2) to critique the Supreme Court's present approach to adjudicating constitutional discrimination claims. With regard to the meaning of equality, we assert that if the text of the Reconstruction Amendments and the stated goals of Reconstruction are used to inform constitutional analysis, then equality should be understood as a substantive rather than formalist concept. Reconstruction, however, was …
Reaction To: Wealth, Poverty, And The Equal Protection Clause, Patricia A. Broussard
Reaction To: Wealth, Poverty, And The Equal Protection Clause, Patricia A. Broussard
Journal Publications
No abstract provided.