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Civil Rights and Discrimination

University of Massachusetts Law Review

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Articles 1 - 3 of 3

Full-Text Articles in Law

"Black Lives Matter" As A Claim Of Fundamental Law, David B. Mcnamee Feb 2019

"Black Lives Matter" As A Claim Of Fundamental Law, David B. Mcnamee

University of Massachusetts Law Review

In this Article, I argue that we should understand #BlackLivesMatter as a claim on the Constitution—a very special kind of constitutional claim, on the Constitution as fundamental law. It is a paradigmatic contemporary example of this category of constitutional law for citizens, one that reaches back past the roots of the American Revolution and underlies the logic of popular sovereignty at the core of our system. Section I develops a conceptual sketch of fundamental law and its features. Section II then turns to the content of “Black Lives Matter” as a constitutional principle and traces its position in the arc …


Race Indeed Above All: A Reply To Professors Andrea Curcio, Carol Chomsky, And Eileen Kaufman, Dan Subotnik Dec 2014

Race Indeed Above All: A Reply To Professors Andrea Curcio, Carol Chomsky, And Eileen Kaufman, Dan Subotnik

University of Massachusetts Law Review

Dan Subotnik responds to Andrea Curcio, Chomsky, and Eileen Kaufman, Testing, Diversity, and Merit: A Reply to Dan Subotnik and Others, 9 U. Mass. L. Rev. 206 (2014).


Standardized Testing As Discrimination: A Reply To Dan Subotnik, Richard Delgado Apr 2014

Standardized Testing As Discrimination: A Reply To Dan Subotnik, Richard Delgado

University of Massachusetts Law Review

Richard Delgado replies to Dan Subotnik, Does Testing = Race Discrimination?: Ricci, the Bar Exam, the LSAT, and the Challenge to Learning, 8 U. Mass. L. Rev. 332 (2013).