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Articles 1 - 6 of 6

Full-Text Articles in Law

Equal Rights, Special Rights, And The Nature Of Antidiscrimination Law, Peter J. Rubin Nov 1998

Equal Rights, Special Rights, And The Nature Of Antidiscrimination Law, Peter J. Rubin

Michigan Law Review

Despite the continued belief held by most Americans that certain characteristics should not form the basis for adverse decisions about individuals in employment, housing, public accommodations, and the provision of a wide range of governmental and private services and opportunities, antidiscrimination laws have increasingly come under attack on the ground that they provide members of the group against whom discrimination is forbidden with "special rights." The "special rights" objection has been voiced most strongly, but not exclusively, against laws that seek to prohibit discrimination on the basis of sexual orientation. This line of attack has not always been effective, but …


The Color Line Of Punishment, Jerome H. Skolnick May 1998

The Color Line Of Punishment, Jerome H. Skolnick

Michigan Law Review

If "the color line," (in W.E.B. Du Bois's 1903 phrase and prophecy) was to be the twentieth century's greatest challenge for the domestic life and public policy of the United States, the law has had much to do with drawing its shape. No surprise, this. By now, legal theorists accept that law does not advance in preordained fashion, immune from the sway of political interest, belief systems and social structure. Still, it is hard to exaggerate how powerfully the law has shaped the life chances of Americans of African heritage, for good or ill, and in ways that we scarcely …


No Dichotomies: Reflections On Equality Forafrican Canadians In R. V. R.D.S., April Burey Apr 1998

No Dichotomies: Reflections On Equality Forafrican Canadians In R. V. R.D.S., April Burey

Dalhousie Law Journal

The contrasts, in form and substance, were stark. In form, I was a black woman in a wheelchair, pleading before an all-white, able-bodied and almost all-male Supreme Court of Canada. The usually empty public galleries in the Ottawa courtroom were filled with people of colour, who had come from across the country to witness the hearing of this landmark case. On their entrance, the nine white judges, dressed in their staid, black robes made an almost audible gasp as they were met with this colourfully clad, intently silent band of people of colour.


What's The Difference? Interpretation, Identity And R. V. R.D.S., Allan Hutchinson, Kathleen Strachan Apr 1998

What's The Difference? Interpretation, Identity And R. V. R.D.S., Allan Hutchinson, Kathleen Strachan

Dalhousie Law Journal

Lawyers hanker after authority. Whether it be in enforcing the law or justifying law's institutional power, there is an almost desperate yearning to establish and maintain the legitimacy of law and, therefore, of themselves, in a social world in which the whole notion of authority is challenged and undermined. When it comes to matters of legal interpretation, jurists and judges still crave some method that will ground or trace back an interpretation to a foundational or ultimate source that can confer authority on one particular interpretation over another. However, recent jurisprudential debate has done fatal damage to the notion that …


Asian America's Greatest Hits: A Review Of Angelo Ancheta's Race, Rights, And The Asian American Experience, Kevin M. Pimentel, Ronnie H. Rhoe Jan 1998

Asian America's Greatest Hits: A Review Of Angelo Ancheta's Race, Rights, And The Asian American Experience, Kevin M. Pimentel, Ronnie H. Rhoe

Michigan Journal of Race and Law

A review of Race, Rights, and the Asian American Experience by Angelo N. Ancheta.


Perspectives On Affirmative Action / Rethinking Racial Divides: Asian Pacific Americans And The Law, Michigan Journal Of Race & Law Jan 1998

Perspectives On Affirmative Action / Rethinking Racial Divides: Asian Pacific Americans And The Law, Michigan Journal Of Race & Law

Michigan Journal of Race and Law

Statements on affirmative action followed by the Asian Pacific American Law Students Association Symposium.