Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Equal Protection, Economic Legislation,And Racial Discrimination, William Silverman
Equal Protection, Economic Legislation,And Racial Discrimination, William Silverman
Vanderbilt Law Review
The drive to end racial discrimination now extends beyond blatant racial distinctions to less obvious and less intentional forms of unequal treatment; nonetheless, there still exist laws and governmental programs that are racially neutral on their face but that may have a racially discriminatory impact in practice. Such discrimination can take place when economic and social welfare legislation, lacking a sound economic grounding, attacks symptoms rather than causes and thereby unintentionally compounds the problems facing black people. At the same time, laws that are at the root of unequal treatment seem to go unchallenged. From the point of view of …
Equal Protection--Defacto Racio-Economic Classifications Not Constitutionally Suspect, Law Review Staff
Equal Protection--Defacto Racio-Economic Classifications Not Constitutionally Suspect, Law Review Staff
Vanderbilt Law Review
The fourteenth amendment's prohibition that "no state shall deny to any person within its jurisdiction the equal protection of the laws has long been held to require not only that each person be afforded a "fair" administration of state statutory commands, but also that the laws themselves be "equal."' This requirement of equal laws, however, has not been interpreted to mean that statutes must apply uniformly to all persons; rather the courts have held that legislatures may fashion laws that affect separate classes of persons unequally, as long as the classifi- cations involved are reasonable. While this judicial standard of …