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Articles 1 - 29 of 29
Full-Text Articles in Law
E Pluribus Unum: Liberalism's March To Be The Singular Influence On Civil Rights At The Supreme Court, Aaron J. Shuler
E Pluribus Unum: Liberalism's March To Be The Singular Influence On Civil Rights At The Supreme Court, Aaron J. Shuler
Aaron J Shuler
Rogers Smith writes that American political culture can best be understood as a blend of liberal, republican and illiberal ascriptive ideologies. The U.S. Supreme Court’s constitutional jurisprudence has largely reflected this thesis. While the Court moved away from permitting laws that explicitly construct hierarchies in the 20th century and made tepid references to egalitarian principles during the Warren Court, liberalism has prevailed in the majority of the Court’s decisions. Gains in civil rights through the Fourteenth Amendment’s Equal Protection and Substantive Due Process clauses were achieved primarily through liberal notions of de-regulation, a market economy and individual freedom. Conversely, State …
Willful [Color-] Blindness: The Supreme Court's Equal Protection Of Ascription, Aaron J. Shuler
Willful [Color-] Blindness: The Supreme Court's Equal Protection Of Ascription, Aaron J. Shuler
Aaron J Shuler
Rogers Smith in his "Beyond Tocqueville, Myrdal and Hartz: The Multiple Traditions in America," warns of novel legal systems reconstituting ascriptive American inequality. The post-Warren Courts' approach to Equal Protection, specifically their unwillingness to consider disparate impact and the difference between invidious and benign practices, betrays an "ironic innocence" as described by James Baldwin to a history of racial discrimination and domination, and a disavowal of a hiearchy that the Court perpetuates.
Grumpy Old Men: A Correlation Between Irritation And Intolerance For Marriage Equality, Aaron J. Shuler
Grumpy Old Men: A Correlation Between Irritation And Intolerance For Marriage Equality, Aaron J. Shuler
Aaron J Shuler
The Gay Equality Movement has made expeditious strides in the last few decades. Most progress in accepting attitudes toward homosexuals has been made in groups that are traditionally associated with liberal views toward minority groups: the young, the educated, and, to a lesser extent, women. This paper seeks to use membership in those groups as control variables to determine whether another less understood independent variable bears on tolerance. Specifically, this paper uses data from the American National Election Survey from 2008-09 and Alan Gerber’s work on the “Big Five” personality traits to determine whether irritated or less agreeable citizens are …
Inside The Civil Rights Ring: Statutory Jabs And Constitutional Haymakers, Aaron J. Shuler
Inside The Civil Rights Ring: Statutory Jabs And Constitutional Haymakers, Aaron J. Shuler
Aaron J Shuler
Civil rights litigators use statutory and constitutional attacks to combat inequality. Each approach has its advantages and drawbacks developed through interpretation by U.S. courts. The first major decision that shaped modern civil rights was the Civil Rights Cases that dodged a constitutional attack to withdraw most private acts of discrimination out of reach until the Civil Rights Act of 1964 was passed and validated in Heart of Atlanta v. U.S. In addition to the coupling of statutory attacks with private discrimination and constitutional challenges to state biases, statutory attacks have proven to be more adept at addressing disparate impacts as …
On Minnesota Marriage Equality Debate: Canards Lead, Sympathies Succeed, Aaron J. Shuler
On Minnesota Marriage Equality Debate: Canards Lead, Sympathies Succeed, Aaron J. Shuler
Aaron J Shuler
No abstract provided.
Leave Sarah Palin And Her Supporters Alone., Aaron J. Shuler
Leave Sarah Palin And Her Supporters Alone., Aaron J. Shuler
Aaron J Shuler
No abstract provided.
Is Minnesota Gop Voter I.D. Proposal Sabotage Dressed As Integrity?, Aaron J. Shuler
Is Minnesota Gop Voter I.D. Proposal Sabotage Dressed As Integrity?, Aaron J. Shuler
Aaron J Shuler
No abstract provided.
Warren Limmer, The Black Knight Of Minnesota's Marriage Equality Debate, Aaron J. Shuler
Warren Limmer, The Black Knight Of Minnesota's Marriage Equality Debate, Aaron J. Shuler
Aaron J Shuler
No abstract provided.
A Palin Entry Could Upend Bachmann And Benefit Pawlenty In Iowa, Aaron J. Shuler
A Palin Entry Could Upend Bachmann And Benefit Pawlenty In Iowa, Aaron J. Shuler
Aaron J Shuler
No abstract provided.
Will Tim Pawlenty Go From Honestly Boring To A Lying Bore?, Aaron J. Shuler
Will Tim Pawlenty Go From Honestly Boring To A Lying Bore?, Aaron J. Shuler
Aaron J Shuler
No abstract provided.
Tweets Are The First Trimesters Of Thoughts, Aaron J. Shuler
Tweets Are The First Trimesters Of Thoughts, Aaron J. Shuler
Aaron J Shuler
No abstract provided.
All That Gingrich Glitter Is Not Gold: Newt Pranked In Minneapolis, Aaron J. Shuler
All That Gingrich Glitter Is Not Gold: Newt Pranked In Minneapolis, Aaron J. Shuler
Aaron J Shuler
No abstract provided.
Huckabee's Cat Scratch Fever: Pawlenty Or Bachmann's Gain?, Aaron J. Shuler
Huckabee's Cat Scratch Fever: Pawlenty Or Bachmann's Gain?, Aaron J. Shuler
Aaron J Shuler
No abstract provided.
Bachmann V. Myers: Is Michele Bachmann Smarter Than A 10th Grader?, Aaron J. Shuler
Bachmann V. Myers: Is Michele Bachmann Smarter Than A 10th Grader?, Aaron J. Shuler
Aaron J Shuler
No abstract provided.
Bob's Secret: Dylan Responds To Chinese Censorship Allegations, Aaron J. Shuler
Bob's Secret: Dylan Responds To Chinese Censorship Allegations, Aaron J. Shuler
Aaron J Shuler
No abstract provided.
Cognitive Dissonance In A Recession: Minnesota Gop Attacks Marriage Equality In Land Of "Gayest City In America", Aaron J. Shuler
Cognitive Dissonance In A Recession: Minnesota Gop Attacks Marriage Equality In Land Of "Gayest City In America", Aaron J. Shuler
Aaron J Shuler
Despite a tradition of progressive thinking on civil rights and recent specific gains for gays in Minnesota, the State's Republican party is trying to place an anti-marriage equality amendment on the 2012 ballot.
From Immutable To Existential: Protecting Who We Are And Who We Want To Be With The 'Equalerty' Of The Substantive Due Process Clause, Aaron J. Shuler
From Immutable To Existential: Protecting Who We Are And Who We Want To Be With The 'Equalerty' Of The Substantive Due Process Clause, Aaron J. Shuler
Aaron J Shuler
Abstract Scholars have written about the duality of the substantive due process and equal protection doctrines and described how they have worked in tandem, although many academics have focused on, or outright called for, a preference for the use of the equal protection clause. Another contingent of the academic community, however, has discussed the favored use of substantive due process in the last fifty years in providing equal treatment for all groups by ferreting out discrimination against marginalized minorities. Scholars have also separately alluded to substantive due process’ ability to protect the most existential of liberties. This works seeks to …
The Court's New Litmus Test, Aaron J. Shuler
Killing Is Expensive, Aaron J. Shuler
The Supreme Court Finally Gets Off The Second Amendment Bench, Aaron J. Shuler
The Supreme Court Finally Gets Off The Second Amendment Bench, Aaron J. Shuler
Aaron J Shuler
No abstract provided.
Right To Bear Arms...And Use Them, Upheld, Aaron J. Shuler
Right To Bear Arms...And Use Them, Upheld, Aaron J. Shuler
Aaron J Shuler
No abstract provided.
Liberty At The Altar Of Security, Aaron J. Shuler
Liberty At The Altar Of Security, Aaron J. Shuler
Aaron J Shuler
No abstract provided.
Thou Shalt Die Sober, Aaron J. Shuler
The United States Of Incarcerated, Aaron J. Shuler
The United States Of Incarcerated, Aaron J. Shuler
Aaron J Shuler
No abstract provided.
Be Careful Where You Spit, Aaron J. Shuler
Constitutional Liar, Aaron J. Shuler
Two Good Men, One Good Campaign, Aaron J. Shuler
Torture's Future, Aaron J. Shuler
Celebrities No Antidote To Apathy, Aaron J. Shuler
Celebrities No Antidote To Apathy, Aaron J. Shuler
Aaron J Shuler
No abstract provided.