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Full-Text Articles in Law
Equality's Understudies, Aziz Z. Huq
Equality's Understudies, Aziz Z. Huq
Michigan Law Review
Review of Robert L. Tsai's Practical Equality: Forging Justice in a Divided Nation.
Democracy And Its Critics, Cary Coglianese
Democracy And Its Critics, Cary Coglianese
Michigan Law Review
A Review of Democracy and Its Critics by Robert A. Dahl
Women And Contracts: No New Deal, Elizabeth S. Anderson
Women And Contracts: No New Deal, Elizabeth S. Anderson
Michigan Law Review
A Review of The Sexual Contract by Carole Pateman
Defending Equality: A View From The Cave, James S. Fishkin
Defending Equality: A View From The Cave, James S. Fishkin
Michigan Law Review
A Review of Spheres of Justice: A Defense of Pluralism and Equality by Michael Walzer
How Radical Is Liberalism?, Virginia L. Warren
How Radical Is Liberalism?, Virginia L. Warren
Michigan Law Review
A Review of Justice, Equal Opportunity, and the Family by James S. Fishkin
Injustice, Inequality And Ethics, Michigan Law Review
Injustice, Inequality And Ethics, Michigan Law Review
Michigan Law Review
A Review of Injustice, Inequality, and Ethics by Robin Barrow
In Defense Of Equality: A Reply To Professor Westen, Erwin Chemerinsky
In Defense Of Equality: A Reply To Professor Westen, Erwin Chemerinsky
Michigan Law Review
Part I of this essay analyzes Professor Westen's arguments that the concept of equality is unnecessary. My contention is that Professor Westen never demonstrates that equality is meaningless; his arguments only prove the obvious, that equality by itself is insufficient. Part II argues that equality is a necessary principle: It is the only concept that tells us that different treatment of people does matter. Part III addresses Professor Westen's suggestion that equality is misleading and points out that none of his criticisms of the idea of equality are in any way inherent to that concept. Finally, Part IV demonstrates that …
Is Equality A Totally Empty Idea?, Anthony D'Amato
Is Equality A Totally Empty Idea?, Anthony D'Amato
Michigan Law Review
Professor Peter Westen's essay asserting that the concept of equality has no substantive content whatsoever usefully brushes aside much of the equal-protection rhetoric that, as Westen carefully explains, appropriately belongs to substantive due process. However, his absolutist position is open to challenge. I would like to posit one hypothetical case that I used in my classes when I taught Constitutional Law that I think contradicts Professor Westen's thesis. If it does, then there will be other cases as well, and his position cannot stand as the logically tight construct that he repeatedly asserts that it is.
The Meaning Of Equality In Law, Science, Math, And Morals: A Reply, Peter Westen
The Meaning Of Equality In Law, Science, Math, And Morals: A Reply, Peter Westen
Michigan Law Review
I shall set forth my thesis in Part I, using the Declaration of Independence ("all men are created equal") to illustrate that the emptiness of equality inheres in its very meaning, and that the confusions of equality result from neglecting its meaning. In Part II, I respond to Professors Chemerinsky's and D' Amato's reasons for believing that equality has independent normative content of its own. In Part III, I respond to Professor Chemerinsky's separate reasons for believing that equality is rhetorically useful.
Philosophical Perspectives On Affirmative Action, Kenneth W. Simons
Philosophical Perspectives On Affirmative Action, Kenneth W. Simons
Michigan Law Review
A Review of Equality and Preferential Treatment: A Philosophy & Public Affairs Reader edited by Marshall Cohen, Thomas Nagel, and Thomas Scanlon
The Subjects Of A Modern Law Of Nations, Philip C. Jessup
The Subjects Of A Modern Law Of Nations, Philip C. Jessup
Michigan Law Review
International law is generally defined or described as law applicable to relations between states. States are said to be the subjects of international law and individuals only its "objects." Treatises on international law accordingly usually proceed at the very outset to examine the nature and essential characteristics of the fictitious jural person known as the state.