Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Third Time's The Charm: The History Of The Merger Between The University Of Louisville And Jefferson Schools Of Law, Marcus Walker
Third Time's The Charm: The History Of The Merger Between The University Of Louisville And Jefferson Schools Of Law, Marcus Walker
Faculty Scholarship
The daytime University of Louisville School of Law and evening Jefferson School of Law existed as separate programs from the latter school's founding in 1905 until their merger in 1950. This article highlights two earlier attempts at combining the legal programs and highlights some perhaps lesser-known details of the successful attempt that extend the history of the "Ben Washer School" a bit farther than it might otherwise seem.
Sffa V. Harvard: How Affirmative Action Myths Mask White Bonus, Jonathan Feingold
Sffa V. Harvard: How Affirmative Action Myths Mask White Bonus, Jonathan Feingold
Faculty Scholarship
In the ongoing litigation of Students for Fair Admissions v. Harvard College, Harvard faces allegations that its once-heralded admissions process discriminates against Asian Americans. Public discourse has revealed a dominant narrative: affirmative action is viewed as the presumptive cause of Harvard’s alleged “Asian penalty.” Yet this narrative misrepresents the plaintiff’s own theory of discrimination. Rather than implicating affirmative action, the underlying allegations portray the phenomenon of “negative action” — that is, an admissions regime in which White applicants take the seats of their more qualified Asian-American counterparts. Nonetheless, we are witnessing a broad failure to see this case for what …
Constitutional Moral Hazard And Campus Speech, Jamal Greene
Constitutional Moral Hazard And Campus Speech, Jamal Greene
Faculty Scholarship
One underappreciated cost of constitutional rights enforcement is moral hazard. In economics, moral hazard refers to the increased propensity of insured individuals to engage in costly behavior. This Essay concerns what I call “constitutional moral hazard,” defined as the use of constitutional rights (or their conspicuous absence) to shield potentially destructive behavior from moral or pragmatic assessment. What I have in mind here is not simply the risk that people will make poor decisions when they have a right to do so, but that people may, at times, make poor decisions because they have a right. Moral hazard is not …