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Functionally Suspect: Reconceptualizing 'Race' As A Suspect Classification, Lauren Sudeall
Functionally Suspect: Reconceptualizing 'Race' As A Suspect Classification, Lauren Sudeall
Vanderbilt Law School Faculty Publications
In the context of equal protection doctrine, race has become untethered from the criteria underlying its demarcation as a classification warranting heightened scrutiny. As a result, it is no longer an effective vehicle for challenging the existing social and political order; instead, its primary purpose under current doctrine is to signal the presence of an impermissible basis for differential treatment. This Symposium Article suggests that, to more effectively serve its underlying normative goals, equal protection should prohibit not discrimination based on race per se, but government actions that implicate the concerns leading to race’s designation as a suspect classification. For …
The Normalization Of Foreign Relations Law, Ganesh Sitaraman, Ingrid Wuerth
The Normalization Of Foreign Relations Law, Ganesh Sitaraman, Ingrid Wuerth
Vanderbilt Law School Faculty Publications
The defining feature of foreign relations law is that it is distinct from domestic law. Courts have recognized that foreign affairs are political by their nature and thus unsuited to adjudication, that state and local involvement is inappropriate in foreign affairs, and that the President has the lead role in foreign policymaking. In other words, they have said that foreign relations are exceptional. But foreign relations exceptionalism, "the belief that legal issues arising from foreign relations are functionally, doctrinally, and even methodologically distinct from those arising in domestic policy,” was not always the prevailing view. In the early twentieth century, …