Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Civil Rights and Discrimination (2)
- Inequality and Stratification (2)
- Law and Race (2)
- Law and Society (2)
- Policy History, Theory, and Methods (2)
-
- Public Affairs, Public Policy and Public Administration (2)
- Public Law and Legal Theory (2)
- Race and Ethnicity (2)
- Social and Behavioral Sciences (2)
- Sociology (2)
- Anthropology (1)
- Courts (1)
- Education Law (1)
- Education Policy (1)
- Educational Sociology (1)
- Family Law (1)
- Family, Life Course, and Society (1)
- Gender and Sexuality (1)
- Jurisprudence (1)
- Juvenile Law (1)
- Law and Gender (1)
- Public Policy (1)
- Social Control, Law, Crime, and Deviance (1)
- Social Policy (1)
- Social and Cultural Anthropology (1)
- Supreme Court of the United States (1)
- Publication
Articles 1 - 3 of 3
Full-Text Articles in Legal History
Facing The Ghost Of Cruikshank In Constitutional Law, Martha T. Mccluskey
Facing The Ghost Of Cruikshank In Constitutional Law, Martha T. Mccluskey
Journal Articles
For a symposium on Teaching Ferguson, this essay considers how the standard introductory constitutional law course evades the history of legal struggle against institutionalized anti-black violence. The traditional course emphasizes the drama of anti-majoritarian judicial expansion of substantive rights. Looming over the doctrines of equal protection and due process, the ghost of Lochner warns of dangers of judicial leadership in substantive constitutional change. This standard narrative tends to lower expectations for constitutional justice, emphasizing the virtues of judicial modesty and formalism.
By supplementing the ghost of Lochner with the ghost of comparably infamous and influential case, United States v. Cruikshank …
The Ironies Of Affirmative Action, Kermit Roosevelt Iii
The Ironies Of Affirmative Action, Kermit Roosevelt Iii
All Faculty Scholarship
The Supreme Court’s most recent confrontation with race-based affirmative action, Fisher v. University of Texas, did not live up to people’s expectations—or their fears. The Court did not explicitly change the current approach in any substantial way. It did, however, signal that it wants race-based affirmative action to be subject to real strict scrutiny, not the watered-down version featured in Grutter v. Bollinger. That is a significant signal, because under real strict scrutiny, almost all race-based affirmative action programs are likely unconstitutional. This is especially true given the conceptual framework the Court has created for such programs—the way …
Marital Supremacy And The Constitution Of The Nonmarital Family, Serena Mayeri
Marital Supremacy And The Constitution Of The Nonmarital Family, Serena Mayeri
All Faculty Scholarship
Despite a transformative half century of social change, marital status still matters. The marriage equality movement has drawn attention to the many benefits conferred in law by marriage at a time when the “marriage gap” between affluent and poor Americans widens and rates of nonmarital childbearing soar. This Essay explores the contested history of marital supremacy—the legal privileging of marriage—through the lens of the “illegitimacy” cases of the 1960s and 1970s. Often remembered as a triumph for nonmarital families, these decisions defined the constitutional harm of illegitimacy classifications as the unjust punishment of innocent children for the “sins” of their …