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The Once And Future Equal Protection Doctrine?, Mario L. Barnes, Erwin Chemerinsky
The Once And Future Equal Protection Doctrine?, Mario L. Barnes, Erwin Chemerinsky
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This Essay is the third in a series of pieces assessing Equal Protection Doctrine and jurisprudence. Here, we endeavor to do two things: (1) to utilize constitutional structure, text, and history to interrogate the concept of equality protected under the Fourteenth Amendment; and (2) to critique the Supreme Court's present approach to adjudicating constitutional discrimination claims. With regard to the meaning of equality, we assert that if the text of the Reconstruction Amendments and the stated goals of Reconstruction are used to inform constitutional analysis, then equality should be understood as a substantive rather than formalist concept. Reconstruction, however, was …
Foreword: Latcrit Theory, Narrative Tradition And Listening Intently For A "Still Small Voice", Mario L. Barnes
Foreword: Latcrit Theory, Narrative Tradition And Listening Intently For A "Still Small Voice", Mario L. Barnes
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