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Full-Text Articles in Law

E Pluribus Unum: Liberalism's March To Be The Singular Influence On Civil Rights At The Supreme Court, Aaron J. Shuler Jan 2013

E Pluribus Unum: Liberalism's March To Be The Singular Influence On Civil Rights At The Supreme Court, Aaron J. Shuler

Aaron J Shuler

Rogers Smith writes that American political culture can best be understood as a blend of liberal, republican and illiberal ascriptive ideologies. The U.S. Supreme Court’s constitutional jurisprudence has largely reflected this thesis. While the Court moved away from permitting laws that explicitly construct hierarchies in the 20th century and made tepid references to egalitarian principles during the Warren Court, liberalism has prevailed in the majority of the Court’s decisions. Gains in civil rights through the Fourteenth Amendment’s Equal Protection and Substantive Due Process clauses were achieved primarily through liberal notions of de-regulation, a market economy and individual freedom. Conversely, State …


Willful [Color-] Blindness: The Supreme Court's Equal Protection Of Ascription, Aaron J. Shuler Jan 2012

Willful [Color-] Blindness: The Supreme Court's Equal Protection Of Ascription, Aaron J. Shuler

Aaron J Shuler

Rogers Smith in his "Beyond Tocqueville, Myrdal and Hartz: The Multiple Traditions in America," warns of novel legal systems reconstituting ascriptive American inequality. The post-Warren Courts' approach to Equal Protection, specifically their unwillingness to consider disparate impact and the difference between invidious and benign practices, betrays an "ironic innocence" as described by James Baldwin to a history of racial discrimination and domination, and a disavowal of a hiearchy that the Court perpetuates.


Grumpy Old Men: A Correlation Between Irritation And Intolerance For Marriage Equality, Aaron J. Shuler Jan 2012

Grumpy Old Men: A Correlation Between Irritation And Intolerance For Marriage Equality, Aaron J. Shuler

Aaron J Shuler

The Gay Equality Movement has made expeditious strides in the last few decades. Most progress in accepting attitudes toward homosexuals has been made in groups that are traditionally associated with liberal views toward minority groups: the young, the educated, and, to a lesser extent, women. This paper seeks to use membership in those groups as control variables to determine whether another less understood independent variable bears on tolerance. Specifically, this paper uses data from the American National Election Survey from 2008-09 and Alan Gerber’s work on the “Big Five” personality traits to determine whether irritated or less agreeable citizens are …


Is Minnesota Gop Voter I.D. Proposal Sabotage Dressed As Integrity?, Aaron J. Shuler Jun 2011

Is Minnesota Gop Voter I.D. Proposal Sabotage Dressed As Integrity?, Aaron J. Shuler

Aaron J Shuler

No abstract provided.


Warren Limmer, The Black Knight Of Minnesota's Marriage Equality Debate, Aaron J. Shuler May 2011

Warren Limmer, The Black Knight Of Minnesota's Marriage Equality Debate, Aaron J. Shuler

Aaron J Shuler

No abstract provided.


A Palin Entry Could Upend Bachmann And Benefit Pawlenty In Iowa, Aaron J. Shuler May 2011

A Palin Entry Could Upend Bachmann And Benefit Pawlenty In Iowa, Aaron J. Shuler

Aaron J Shuler

No abstract provided.


Will Tim Pawlenty Go From Honestly Boring To A Lying Bore?, Aaron J. Shuler May 2011

Will Tim Pawlenty Go From Honestly Boring To A Lying Bore?, Aaron J. Shuler

Aaron J Shuler

No abstract provided.


Tweets Are The First Trimesters Of Thoughts, Aaron J. Shuler May 2011

Tweets Are The First Trimesters Of Thoughts, Aaron J. Shuler

Aaron J Shuler

No abstract provided.


All That Gingrich Glitter Is Not Gold: Newt Pranked In Minneapolis, Aaron J. Shuler May 2011

All That Gingrich Glitter Is Not Gold: Newt Pranked In Minneapolis, Aaron J. Shuler

Aaron J Shuler

No abstract provided.


Huckabee's Cat Scratch Fever: Pawlenty Or Bachmann's Gain?, Aaron J. Shuler May 2011

Huckabee's Cat Scratch Fever: Pawlenty Or Bachmann's Gain?, Aaron J. Shuler

Aaron J Shuler

No abstract provided.


Bachmann V. Myers: Is Michele Bachmann Smarter Than A 10th Grader?, Aaron J. Shuler May 2011

Bachmann V. Myers: Is Michele Bachmann Smarter Than A 10th Grader?, Aaron J. Shuler

Aaron J Shuler

No abstract provided.


Cognitive Dissonance In A Recession: Minnesota Gop Attacks Marriage Equality In Land Of "Gayest City In America", Aaron J. Shuler Jan 2011

Cognitive Dissonance In A Recession: Minnesota Gop Attacks Marriage Equality In Land Of "Gayest City In America", Aaron J. Shuler

Aaron J Shuler

Despite a tradition of progressive thinking on civil rights and recent specific gains for gays in Minnesota, the State's Republican party is trying to place an anti-marriage equality amendment on the 2012 ballot.