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Articles 1 - 13 of 13
Full-Text Articles in Law
The Diversity Rationale For Affirmative Action In Employment After Grutter: The Case For Containment, Jared M. Mellot
The Diversity Rationale For Affirmative Action In Employment After Grutter: The Case For Containment, Jared M. Mellot
William & Mary Law Review
No abstract provided.
The Contradiction Between Equal Protection's Meaning And Its Legal Substance: How Deliberate Indifference Can Cure It, Derek W. Black
The Contradiction Between Equal Protection's Meaning And Its Legal Substance: How Deliberate Indifference Can Cure It, Derek W. Black
William & Mary Bill of Rights Journal
This Article highlights the inherent ambiguities of racial antidiscrimination's core legal language: "equal protection under the law" and "discrimination based on race." It then analyzes how and why the Court has never answered fundamental questions regarding the meaning of these terms. Thus, this Article answers these fundamental questions itself by exploring the original intent behind the Equal Protection Clause. Against this backdrop, this Article reveals how the Court's standard for assessing discrimination claims, the intent doctrine, assumes a meaning for equal protection that is inconsistent with its original meaning. Rather than reflecting equal protection's meaning, the standard lacks any basis …
Equal Protection Misapplied: The Politics Of Gender And Legitimacy And The Denial Of Inheritance, Linda Kelly Hill
Equal Protection Misapplied: The Politics Of Gender And Legitimacy And The Denial Of Inheritance, Linda Kelly Hill
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Multiracial Identity And Affirmative Action, Nancy Leong
Multiracial Identity And Affirmative Action, Nancy Leong
Faculty Publications
No abstract provided.
Playing Cowboys And Indians, B. Glenn George
Playing Cowboys And Indians, B. Glenn George
Faculty Publications
No abstract provided.
Section 2: The War On Terror, Institute Of Bill Of Rights Law, William & Mary Law School
Section 2: The War On Terror, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Section 7: Civil Rights, Institute Of Bill Of Rights Law, William & Mary Law School
Section 7: Civil Rights, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Female By Operation Of Law: Feminist Jurisprudence And The Legal Imposition Of Sex, Matthew Gayle
Female By Operation Of Law: Feminist Jurisprudence And The Legal Imposition Of Sex, Matthew Gayle
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Disability And Employment Discrimination At The Rehnquist Court, Anita Silvers, Michael E. Waterstone, Michael Ashley Stein
Disability And Employment Discrimination At The Rehnquist Court, Anita Silvers, Michael E. Waterstone, Michael Ashley Stein
Faculty Publications
No abstract provided.
Medicaid And The Enforceable Right To Receive Medical Assistance: The Need For A Definition Of "Medical Assistance", Kenneth R. Wiggins
Medicaid And The Enforceable Right To Receive Medical Assistance: The Need For A Definition Of "Medical Assistance", Kenneth R. Wiggins
William & Mary Law Review
No abstract provided.
Majority Rights, Minority Freedoms: Protestant Culture, Personal Autonomy, And Civil Liberties In Nineteenth Century America, Daniel F. Piar
Majority Rights, Minority Freedoms: Protestant Culture, Personal Autonomy, And Civil Liberties In Nineteenth Century America, Daniel F. Piar
William & Mary Bill of Rights Journal
No abstract provided.
Disability, Disparate Impact, And Class Actions, Michael Ashley Stein, Michael E. Waterstone
Disability, Disparate Impact, And Class Actions, Michael Ashley Stein, Michael E. Waterstone
Faculty Publications
Following Title VII's enactment, group-based employment discrimination actions flourished due to disparate impact theory and the class action device. Courts recognized that subordination that defined a group's social identity was also sufficient legally to bind members together, even when relief had to be issued individually. Woven through these cases was a notion of panethnicity that united inherently unrelated groups into a common identity, for example, Asian Americans. Stringent judicial interpretation subsequently eroded both legal frameworks and it has become increasingly difficult to assert collective employment actions, even against discriminatory practices affecting an entire group. This deconstruction has immensely disadvantaged persons …
The Right To Counsel In Criminal Cases, A National Crisis, Mary Sue Backus, Paul Marcus
The Right To Counsel In Criminal Cases, A National Crisis, Mary Sue Backus, Paul Marcus
Faculty Publications
No abstract provided.