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Full-Text Articles in Law

Life On Campus Really Ain't So Bad, Avern Cohn Jan 2000

Life On Campus Really Ain't So Bad, Avern Cohn

Michigan Law Review

The Shadow University is a highly tendentious account of Alan Charles Kors and Harvey A. Silverglate's view of academic and student life in America's colleges and universities over the last twenty years. Kors and Silverglate see these colleges and universities turning from promoting personal and academic freedom to suppressing open expression and denying basic liberties to students and faculty alike. To make their point, they have scoured college and university campuses from coast to coast to find incidents involving student speech code violations, as well as student and faculty discipline and misbehavior proceedings. They also examine multicultural and diversity programs …


History Unbecoming, Becoming History, Toni M. Massaro Jan 2000

History Unbecoming, Becoming History, Toni M. Massaro

Michigan Law Review

The last few decades have seen a torrent of legal commentary supporting gay equality and attacking the punishment, failure to protect, and refusal to affirm gay conduct and identity. William Eskridge, a prominent voice in this fin-de-siecle literature, now draws together and expands on his previous work in Gaylaw: Challenging the Apartheid of the Closet. Though far more successful in shaping the uses of the past than in showing the way to the future, the book instructs even where it fails. It augurs a century that could well witness the end of official discrimination against gay individuals, and the relegation …


Punishing Hateful Motives: Old Wine In A New Bottle Revives Calls For Prohibition, Carol S. Steiker May 1999

Punishing Hateful Motives: Old Wine In A New Bottle Revives Calls For Prohibition, Carol S. Steiker

Michigan Law Review

Hate crimes are nothing new: crimes in which the victim is selected because of the victim's membership in some distinctive group (be it racial, ethnic, religious, or other) have been with us as long as such groups have coexisted within legal systems. What is relatively new is their recognition and designation as a discrete phenomenon. But as appellations like "sexual harassment" and "community policing" have begun to teach us, words are only the beginning of the life cycle of a new socio-legal concept. What follows are debates about whether the new category is really a coherent one, what activities should …


The Countermajoritarian Paradox, Neal Davis May 1995

The Countermajoritarian Paradox, Neal Davis

Michigan Law Review

A Review of Liberty and Sexuality: The Right to Privacy and the Making of Roe v. Wade. by David J. Garrow


Employment Discrimination Law In Perspective: Three Concepts Of Equality, John J. Donohue Iii Aug 1994

Employment Discrimination Law In Perspective: Three Concepts Of Equality, John J. Donohue Iii

Michigan Law Review

The essay begins with a discussion of which groups deserve the protection of employment discrimination law. With the protected categories of Title VII of the 1964 Civil Rights Act etched into the American consciousness, many might consider the appropriate categories to be fully self-evident. But of course, they are not, and many jurisdictions continue to struggle over whether certain dispreferred groups merit the law's solicitude.


No Time For Trumpets: Title Vii, Equality, And The Fin De Sièchle, D. Marvin Jones Aug 1994

No Time For Trumpets: Title Vii, Equality, And The Fin De Sièchle, D. Marvin Jones

Michigan Law Review

My essay seeks to examine the internal architecture of the discursive barrier - the wall - that the Supreme Court has built within the doctrinal framework of Title VII and concomitantly within the discourse of equality. To understand how the Court has erected this discursive wall, we must begin with history. Equality, while historically a vehicle for national identity and contemporaneously for modernist conceptions of justice, is synchronically and diachronically indeterminate. Equality is a deeply sedimented concept with not one objective meaning but successive levels of meaning built up over time. Each of those historic understandings is itself a unity …


The Anticaste Principle, Cass R. Sunstein Aug 1994

The Anticaste Principle, Cass R. Sunstein

Michigan Law Review

In this essay, I seek to defend a particular understanding of equality, one that is an understanding of liberty as well. I call this conception "the anticaste principle." Put too briefly, the anticaste principle forbids social and legal practices from translating highly visible and morally irrelevant differences into systemic social disadvantage, unless there is a very good reason for society to do so. On this view, a special problem of inequality arises when members of a group suffer from a range of disadvantages because of a group-based characteristic that is both visible for all to see and irrelevant from a …


Race Against The Court: The Supreme Court And Minorities In Contemporary America, Melissa Nicholson Starkey May 1994

Race Against The Court: The Supreme Court And Minorities In Contemporary America, Melissa Nicholson Starkey

Michigan Law Review

A Review of Race Against the Court: The Supreme Court and Minorities in Contemporary America by Girardeau A. Spann


Guess Who's Not Coming To Dinner!!, Stephen Reinhardt May 1993

Guess Who's Not Coming To Dinner!!, Stephen Reinhardt

Michigan Law Review

A Review of Faces at the Bottom of the Well: The Permanence of Racism by Derrick Bell and Two Nations: Black and White, Separate, Hostile, Unequal by Andrew Hacker


If The Eye Offend Thee, Turn Off The Color, John Harrison May 1993

If The Eye Offend Thee, Turn Off The Color, John Harrison

Michigan Law Review

A Review of The Color-Blind Constitution by Andrew Kull


The Substance Of Equality, Jeremy Waldron May 1991

The Substance Of Equality, Jeremy Waldron

Michigan Law Review

A Review of Speaking of Equality: An Analysis of the Rhetorical Force of "Equality" in Moral and Legal Discourse by Peter Westen


The Law's Conscience: Equitable Constitutionalism In America, Neil A. Riemann May 1991

The Law's Conscience: Equitable Constitutionalism In America, Neil A. Riemann

Michigan Law Review

A Review of The Law's Conscience: Equitable Constitutionalism in America by Peter Charles Hoffer


Women And Contracts: No New Deal, Elizabeth S. Anderson May 1990

Women And Contracts: No New Deal, Elizabeth S. Anderson

Michigan Law Review

A Review of The Sexual Contract by Carole Pateman


Democracy And Its Critics, Cary Coglianese May 1990

Democracy And Its Critics, Cary Coglianese

Michigan Law Review

A Review of Democracy and Its Critics by Robert A. Dahl


Shattered Mirrors: Our Search For Identity And Community In The Aids Era, William J. Aseltyne May 1990

Shattered Mirrors: Our Search For Identity And Community In The Aids Era, William J. Aseltyne

Michigan Law Review

A Review of Shattered Mirrors: Our Search for Identity and Community in the AIDS Era by Monroe E. Price


The Obliging Shell: An Informal Essay On Formal Equal Opportunity, Patricia Williams Aug 1989

The Obliging Shell: An Informal Essay On Formal Equal Opportunity, Patricia Williams

Michigan Law Review

I am struck by the Court's use of the word "equality" in the last line of its holding. It seems an extraordinarily narrow use of "equality," when it excludes from consideration so much clear inequality. It, again, resembles the process by which the Parol Evidence Rule limits the meaning of documents or words by placing beyond the bounds of reference anything that is inconsistent, or, depending on the circumstances, even that which is supplementary. It is this lawyerly language game of exclusion and omission that is the subject of the rest of this essay.


Decoding Richmond: Affirmative Action And The Elusive Meaning Of Constitutional Equality, Michel Rosenfeld Jun 1989

Decoding Richmond: Affirmative Action And The Elusive Meaning Of Constitutional Equality, Michel Rosenfeld

Michigan Law Review

This Article first briefly considers the conceptual and constitutional framework out of which the controversy in Croson emerges. Next, the Article turns to Croson itself, and focuses on the Court's adoption of the strict scrutiny test, on the disagreement among the Justices concerning the test's meaning and implications, and on the Court's use of decontextualization to manipulate the key conceptual and factual issues at stake. Finally, drawing upon the principle of equality of opportunity, the Article endeavors to demonstrate how the adoption of particular principles of substantive equality can lead to a comprehensive and coherent constitutional resolution of the affirmative …


The Wrong Side Of The Tracks: A Revolutionary Rediscovery Of The Common Law Tradition Of Fairness In The Struggle Against Inequality, Gregory A. Kalscheur May 1987

The Wrong Side Of The Tracks: A Revolutionary Rediscovery Of The Common Law Tradition Of Fairness In The Struggle Against Inequality, Gregory A. Kalscheur

Michigan Law Review

A Review of The Wrong Side of the Tracks: A Revolutionary Rediscovery of the Common Law Tradition of Fairness in the Struggle Against Inequality by Charles M. Haar and Daniel W. Fessler


Discrimination, Jobs, And Politics: The Struggle For Equal Employment Opportunity In The United States Since The New Deal, James L. Thompson May 1987

Discrimination, Jobs, And Politics: The Struggle For Equal Employment Opportunity In The United States Since The New Deal, James L. Thompson

Michigan Law Review

A Review of Discrimination, Jobs, and Politics: The Struggle for Equal Employment Opportunity in the United States since the New Deal by Paul Burstein


From False Paternalism To False Equality: Judicial Assaults On Feminist Community, Illinois 1869-1895, Frances Olsen Jun 1986

From False Paternalism To False Equality: Judicial Assaults On Feminist Community, Illinois 1869-1895, Frances Olsen

Michigan Law Review

This essay will examine the "equal treatment" versus "special treatment" for women issue as it arose in Illinois in the late nineteenth century. In 1869 the Illinois Supreme Court barred Myra Bradwell from the practice of law on the basis that she was a married woman, and in 1870 it reaffirmed its exclusion of women in In re Bradwell, the state decision the United States Supreme Court upheld in Bradwell v. Illinois. This denial of equal treatment to women, especially the concurring opinion by United States Supreme Court Justice Bradley, appears to many to represent paternalism at its …


How Radical Is Liberalism?, Virginia L. Warren Feb 1984

How Radical Is Liberalism?, Virginia L. Warren

Michigan Law Review

A Review of Justice, Equal Opportunity, and the Family by James S. Fishkin


Defending Equality: A View From The Cave, James S. Fishkin Feb 1984

Defending Equality: A View From The Cave, James S. Fishkin

Michigan Law Review

A Review of Spheres of Justice: A Defense of Pluralism and Equality by Michael Walzer


Injustice, Inequality And Ethics, Michigan Law Review Feb 1984

Injustice, Inequality And Ethics, Michigan Law Review

Michigan Law Review

A Review of Injustice, Inequality, and Ethics by Robin Barrow


Equality And Discrimination Under International Law, Michigan Law Review Feb 1984

Equality And Discrimination Under International Law, Michigan Law Review

Michigan Law Review

A Review of Equality and Discrimination Under International Law by Warwick McKean


Just Schools: The Idea Of Racial Equality In American Education, Michigan Law Review Mar 1983

Just Schools: The Idea Of Racial Equality In American Education, Michigan Law Review

Michigan Law Review

A Review of Just Schools: The Idea of Racial Equality in American Education by David L. Kirp


The Meaning Of Equality In Law, Science, Math, And Morals: A Reply, Peter Westen Jan 1983

The Meaning Of Equality In Law, Science, Math, And Morals: A Reply, Peter Westen

Michigan Law Review

I shall set forth my thesis in Part I, using the Declaration of Independence ("all men are created equal") to illustrate that the emptiness of equality inheres in its very meaning, and that the confusions of equality result from neglecting its meaning. In Part II, I respond to Professors Chemerinsky's and D' Amato's reasons for believing that equality has independent normative content of its own. In Part III, I respond to Professor Chemerinsky's separate reasons for believing that equality is rhetorically useful.


In Defense Of Equality: A Reply To Professor Westen, Erwin Chemerinsky Jan 1983

In Defense Of Equality: A Reply To Professor Westen, Erwin Chemerinsky

Michigan Law Review

Part I of this essay analyzes Professor Westen's arguments that the concept of equality is unnecessary. My contention is that Professor Westen never demonstrates that equality is meaningless; his arguments only prove the obvious, that equality by itself is insufficient. Part II argues that equality is a necessary principle: It is the only concept that tells us that different treatment of people does matter. Part III addresses Professor Westen's suggestion that equality is misleading and points out that none of his criticisms of the idea of equality are in any way inherent to that concept. Finally, Part IV demonstrates that …


Is Equality A Totally Empty Idea?, Anthony D'Amato Jan 1983

Is Equality A Totally Empty Idea?, Anthony D'Amato

Michigan Law Review

Professor Peter Westen's essay asserting that the concept of equality has no substantive content whatsoever usefully brushes aside much of the equal-protection rhetoric that, as Westen carefully explains, appropriately belongs to substantive due process. However, his absolutist position is open to challenge. I would like to posit one hypothetical case that I used in my classes when I taught Constitutional Law that I think contradicts Professor Westen's thesis. If it does, then there will be other cases as well, and his position cannot stand as the logically tight construct that he repeatedly asserts that it is.


Equality And The Rights Of Women, Michigan Law Review Mar 1981

Equality And The Rights Of Women, Michigan Law Review

Michigan Law Review

A Review of Equality and the Rights of Women by Elizabeth H. Wolgast


Untangling The Strands Of The Fourteenth Amendment, Ira C. Lupu Apr 1979

Untangling The Strands Of The Fourteenth Amendment, Ira C. Lupu

Michigan Law Review

This Article explores such trends in the context of several recent cases and in the broader context of established patterns of constitutional law. Section II shows how the different strains of fourteenth amendment activism over the past century have tangled the strands of the fourteenth amendment in a thick, almost impenetrable knot. Section ill studies the tangle's reflection in three cases raising fundamental rights problems - Maher v. Roe, Moore v. City of East Cleveland, and Zablocki v. Redhail. Finally, Section N offers what Sections II and III suggest is missing from fourteenth amendment case law- a theory, abstract …