Our Divine Constitution, David Schraub
Aug 2016
Our Divine Constitution, David Schraub
David Schraub
No abstract provided.
Academic Freedom Versus Academic Legitimacy, David Schraub
Aug 2016
Academic Freedom Versus Academic Legitimacy, David Schraub
David Schraub
No abstract provided.
Racism As Subjectification, David Schraub
Aug 2016
Racism As Subjectification, David Schraub
David Schraub
Nobody likes to feel used. But everyone likes to feel useful. This paradox has long been overlooked by people examining the parameters of racism in the United States. The classic model of racism focuses on the manner in which Black Americans have been objectified—and for good reason. From chattel slavery to Jim Crow, African Americans have faced a long and sordid history of being regarded as little more than objects—useful tools for White power-brokers, but not independent subjects with their own desires, perspective, and rights.
However, following the Civil Rights revolution, this dynamic has shifted. While racial objectification has by …
Playing With Cards: Discrimination Claims And The Charge Of Bad Faith, David Schraub
Dec 2015
Playing With Cards: Discrimination Claims And The Charge Of Bad Faith, David Schraub
David Schraub
A common response to claims of bias, harassment, or discrimination is to say that these claims are made in bad faith. Claimants are supposedly not motivated by a credible or even sincere belief that unfair or unequal treatment has occurred, but simply seek to illicitly gain public sympathy or private reward. Characterizing discrimination claims as systemically made in bad faith enables them to be screened and dismissed prior to engaging with them on their merits. This retort preserves the dominant groups' self-image as unprejudiced and innocent without having to risk critical analysis of the claim's substance.
Unsuspecting, David Schraub
Dec 2015
Unsuspecting, David Schraub
David Schraub
All laws classify, but not all classifications are created equal. Under contemporary Fourteenth Amendment doctrine, certain classifications are “suspect”, triggering heightened judicial review and often rendering the targeted legislation unconstitutional. Because the alternative rational basis test is so deferential, the question over which sorts of classifications are “suspect” may be the single most important — and most discussed — issue in equal protection doctrine. Yet amidst all the talk about how a group gains recognition as a “suspect class”, there has been virtually no discussion about the seemingly obvious corollary: how a group loses its status as one. After all, …
The Siren Song Of Stict Scrutiny, David Schraub
Dec 2015
The Siren Song Of Stict Scrutiny, David Schraub
David Schraub
The past few years have seen a trickle of pro-gay rights judicial decisions turn into a flood. Yet gay rights advocates have been perplexed by one doctrinal oddity in the Court's decision-making: even as it has delivered a consistent stream of favorable decisions dating from the 1990s, it has displayed no interest in declaring sexual orientation to be a "suspect classification." This determination, which would require that sexual-orientation classifications satisfy strict scrutiny, has long been high on the objective list for the LGBT movement -- representing an official determination that sexual minorities are a politically marginalized group that faces systematic, …
