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Equality And Difference - The Restrained State, Martha Albertson Fineman Jan 2015

Equality And Difference - The Restrained State, Martha Albertson Fineman

Faculty Articles

Contemporary American law, culture, and political theory restrain the concept of equality as a tool of social justice. Equality in conjunction with a strong emphasis on personal liberty operates as a mandate for curtailing state action, rather than an aspirational measure of the comparative wellbeing of individuals. As a check on state involvement, our cramped notion of equality limits the state's ability to affirmatively address economic, political, social, and structural inequalities.

As interpreted in modern Supreme Court jurisprudence, the Equal Protection Clause of the U.S. Constitution actually works to restrict the remedial ability of the state. Equality is understood as …


Redressing Hiv/Aids Discrimination In Nigeria: The Implications Of The Anti-Discrimination Act Of 2015, Ngozi Okidegbe Jan 2015

Redressing Hiv/Aids Discrimination In Nigeria: The Implications Of The Anti-Discrimination Act Of 2015, Ngozi Okidegbe

Faculty Articles

No abstract provided.