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Full-Text Articles in State and Local Government Law
Reason Of Slavery: Understanding The Judicial Role In The Peculiar Institution, A. E. Keir Nash
Reason Of Slavery: Understanding The Judicial Role In The Peculiar Institution, A. E. Keir Nash
Vanderbilt Law Review
The results most relevant to the concerns of this Article are of course the effects upon how we judge the judges-for almost always we are sufficiently Whiggish to attempt such a judgment, either explicitly or implicitly. At times the consequence of so summing can be to imagine that one catches the judicial conscience by asking questions phrased as Sentence D's query, whether the judges"collaborated" in a system of racial oppression. When we put the question this way, two unfortunate things happen. First, we create a verbal and historical muddle, for if anything ought to be clear by now it is …
Baker V. Carr -- Malapportionment In State Governments Becomes A Federal Constitutional Issue, William M. Hames
Baker V. Carr -- Malapportionment In State Governments Becomes A Federal Constitutional Issue, William M. Hames
Vanderbilt Law Review
The Court's decision in Baker v. Carr was properly cast in terms of protecting individual rights under the equal protection clause, for this issue can be distinguished and separately handled. It does seem inevitable, however, that the decisions which set standards by which to determine invidious discrimination will also by these standards delineate, at least in broad outline, one aspect of what will be considered an acceptable "republican" form of government guaranteed by the Constitution.