Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication
- Publication Type
Articles 1 - 8 of 8
Full-Text Articles in Law
The Substantive Principle Of Equal Treatment, Patrick S. Shin
The Substantive Principle Of Equal Treatment, Patrick S. Shin
Suffolk University Law School Faculty Works
This paper attempts to identify a principle of equal treatment that gives specific structure to our widely shared judgments about the circumstances in which we have moral reason to object to the differential adverse treatment of others. I formulate what I call a “substantive” principle of equal treatment (to be distinguished from principles of formal equality) that describes a moral constraint on the reasons we can have for picking out individuals for differentially adverse action. I argue that this constraint is violated when an action, in view of its rationale, expresses lesser respect for the moral status of an individual …
Compensatory Discrimination In India Sixty Years After Independence: A Vehicle Of Progress Or A Tool Of Partisan Politics?, Karthik Nagarajan
Compensatory Discrimination In India Sixty Years After Independence: A Vehicle Of Progress Or A Tool Of Partisan Politics?, Karthik Nagarajan
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Recognition Of Group Rights As Requisite To Substantive Equality Goals, Kathrina Szymborski
Recognition Of Group Rights As Requisite To Substantive Equality Goals, Kathrina Szymborski
Michigan Law Review First Impressions
Courts, legislatures, and scholars are increasingly turning away from traditional Aristotelian thinking in favor of a substantive, pro-active approach to equality. Under the substantive approach, the identification and eradication of systematic discrimination replace an adherence to neutral principles. This Comment argues that while a substantive approach is the most effective way to bring about true equality, it will not succeed unless it centers on protecting group rights. State decision-makers and international human rights advocates must focus on group experiences in order to create societies where no one is favored based on immutable characteristics.
The Developing Equality Jurisprudence In South Africa, Karthy Govender
The Developing Equality Jurisprudence In South Africa, Karthy Govender
Michigan Law Review First Impressions
Apartheid was technically about separateness, but it was fundamentally about inequality. The founding premise of the ideology was to preserve the total hegemony of white South Africans. The liberation organizations opposing the apartheid regime sought to affirm that the country belonged to all those that lived in it. Thus, it is unsurprising that the commitment to equality is one of the founding values of the Constitution and an indelible thread woven throughout the fabric of the Bill of Rights. After some misstatements about certain rights being more important than others, courts have interpreted rights in the Bill of Rights to …
Dilemmas Of Cultural Legality: A Comment On Roger Cotterrell's 'The Struggle For Law' And A Criticism Of The House Of Lords' Opinions In Begum, John Mikhail
Georgetown Law Faculty Publications and Other Works
In “The Struggle for Law: Some Dilemmas of Cultural Legality,” Professor Roger Cotterrell argues that the law’s most distinctive aspiration is to promote a respectful exchange of ideas among different parts of a multicultural society. He illustrates his thesis with the House of Lords’ decision in Begum, describing it as “a relatively successful contribution to the process by which battlefields of rights are turned into areas of routine structuring” and finding much to admire in the messages communicated by the Lords in this case. I am more troubled by the Lords’ opinions in Begum and less convinced than Cotterrell seems …
Changing Equalities, Jack B. Weinstein
Reproductive Rights As Health Care Rights, B. Jessie Hill
Reproductive Rights As Health Care Rights, B. Jessie Hill
Faculty Publications
U.S. legal scholarship concerning reproductive rights has largely revolved around the poles of decisional autonomy, privacy, and equality, with a concomitant a tendency to de-emphasize the medical aspect of abortion rights. The medical approach has been particularly disfavored by feminist scholars, largely due to concerns about undermining the equality rationale for reproductive rights and placing too much power in the hands of physicians. In addition, American constitutional law has tended to treat reproductive-rights cases differently from other cases raising challenges to government restrictions on individuals’ rights to access certain forms of medical treatment, granting heightened judicial scrutiny to the former …
Do We Care Enough About Racial Inequality? Reflections On The River Runs Dry, Guy-Uriel Charles
Do We Care Enough About Racial Inequality? Reflections On The River Runs Dry, Guy-Uriel Charles
Faculty Scholarship
In response to Kimberly West-Faulcon, The River Runs Dry: When Title VI Trumps State Anti–Affirmative Action Laws, 157 University of Pennsylvania Law Review 1075 (2009)