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Full-Text Articles in Law
Response: The Constitution Has Never Recognized Us As Full Persons: Or To What Politics Are Our "Protections" Returning?, Marlon M. Bailey
Response: The Constitution Has Never Recognized Us As Full Persons: Or To What Politics Are Our "Protections" Returning?, Marlon M. Bailey
ConLawNOW
This response engages with Marc Spindelman’s article, The New Intersectional and Anti-Racist LGBTQIA+ Politics: Some Thoughts on the Path Ahead, which offers a rethinking of critical precision about what is on the horizon for LGBTQ rights. The response calls for a reframing of the conversation by starting from the understanding that the Constitution, and by extension the law, is a political document and thus no realm of the Constitution or the law is impervious to politics. It then argues that instead of seeking recognition as full persons in the law and looking to a political document—the Constitution—for refuge from …
The Departure From The Original Intent Of The 14th Amendment, Johnny B. Davis
The Departure From The Original Intent Of The 14th Amendment, Johnny B. Davis
Helm's School of Government Conference - American Revival: Citizenship & Virtue
No abstract provided.
Two Approaches To Equality, With Implications For Grutter, Keith N. Hylton
Two Approaches To Equality, With Implications For Grutter, Keith N. Hylton
Faculty Scholarship
The question “what is equality?”, applied to the distribution of resources across races, suggests the following answer: when there appears to be no need for a policy that focuses on improving the welfare of one race relative to another. There is another way to approach the same question: equality is when traditionally-recognized paths to advancement do not give preference to or disadvantage an individual because of his race. Notice the difference here is between end-state and process-based notions of equality, a distinction Nozick emphasized in his examination of justice in distribution. Nozick rejected end-state theories of justice in distribution. I …