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Full-Text Articles in Law
The Need For Self-Imposed Quotas In Academic Employment, Herma Hill Kay
The Need For Self-Imposed Quotas In Academic Employment, Herma Hill Kay
Herma Hill Kay
No abstract provided.
Comparative Perspectives On Strategic Remedial Delays, Holning Lau
Comparative Perspectives On Strategic Remedial Delays, Holning Lau
Holning Lau
In controversial constitutional cases, courts sometimes grant the government an extended period of time to correct rights violations — what I call “remedial grace periods” — hoping that the postponed implementation of change will temper backlash. The most well-known example of such remedial delay followed the United States Supreme Court decision in Brown v. Board of Education II. This Article spotlights a more recent remedial grace period. In Minister of Home Affairs v. Fourie, South Africa’s highest court ruled that depriving same-sex couples of marriage was unconstitutional. It could have implemented same-sex marriage immediately by reading it into law, but …