Law Commons^™

Yes, Virginia, There Are Stupid Questions, David Spratt

Articles in Law Reviews & Other Academic Journals

No abstract provided.

In Defense Of Scholars' Briefs: A Response To Richard Fallon, Amanda Frost

Articles in Law Reviews & Other Academic Journals

In a thoughtful and provocative essay, Richard Fallon criticizes law professors for lightly signing onto 'scholars’ briefs,' that is, amicus briefs filed on behalf of a group of law professors claiming expertise in the subject area. Fallon argues that law professors are constrained by the moral and ethical obligations of their profession from joining scholars’ briefs without first satisfying standards similar to those governing the production of scholarship, and thus he believes that law professors should abstain from adding their names to such briefs more often than they do now.

This response begins by describing the benefits of scholars’ briefs …

Reflections On The Teaching Of Constitutional Law, William W. Van Alstyne

Faculty Publications

No abstract provided.

Better Lucky Than Good, Neal Devins

Faculty Publications

No abstract provided.

An Education Of Their Own: The Precarious Position Of Publicly Supported Black Colleges After United States V. Fordice, Darryll K. Jones

Journal Publications

In United States v. Fordice, the United States Supreme Court revisited the awesome task of eliminating race from educational policy. Fordice ostensibly involved the duty of a state to remedy past discrimination in its formerly segregated system of higher education. Mississippi argued that it need only cease further discrimination, while private petitioners and the United States argued that the state must also undertake remedial measures beyond simply ending present discriminatory practices. The Court's rejection of Mississippi's approach and its adherence to the Brown v. Board of Education demand to eliminate race as a factor in educational opportunity uncovered the hidden …