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Full-Text Articles in Law

How Antidiscrimination Law Learned To Live With Racial Inequality, Matthew Lindsay Oct 2006

How Antidiscrimination Law Learned To Live With Racial Inequality, Matthew Lindsay

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This Article explores a great paradox at the heart of the prevailing paradigm of American antidiscrimination law: the colorblindness ideal. In theory, and often in practice, that ideal is animated by a genuine commitment to liberal, individualist, race-neutral egalitarianism. For many of its partisans, colorblindness entails not only a negative injunction against race-conscious decisionmaking, but also, crucially, an affirmative program for the achievement of true racial equality. For these proponents, scrupulously race-neutral decisionmaking both advances the interests of racial minorities and embodies the best aspirations of the civil rights movement. In this worldview, colorblindness offers the only true antidote for ...


Scholarly And Scientific Boycotts Of Israel: Abusing The Academic Enterprise, Kenneth Lasson Jan 2006

Scholarly And Scientific Boycotts Of Israel: Abusing The Academic Enterprise, Kenneth Lasson

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Veritas vos liberabit, chanted the scholastics of yesteryear. The truth will set you free, echo their latter-day counterparts in the academy.

Universities like themselves to be perceived as places of culture in a chaotic world, protectors of reasoned discourse, peaceful havens for learned professors roaming orderly quadrangles and pondering higher thoughts-a community of scholars seeking knowledge in sylvan tranquility.

The real world of higher education, of course, is not quite so wonderful.

Instead of a feast for unfettered intellectual curiosity, much of the modern academy is dominated by curricular deconstructionists who disdain western civilization, people who call themselves multiculturalists but ...


Lecture: Second Founding: The Story Of The Fourteenth Amendment, Garrett Epps Jan 2006

Lecture: Second Founding: The Story Of The Fourteenth Amendment, Garrett Epps

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The story of the Framing of the Fourteenth Amendment is a lost story of American history, covered over by Southern inspiring myth making and an unwillingness to grapple with the central role of slavery in American history. Americans can take new inspiration from that story and use it as an example of how our popular democracy can be perfected. Even today, nearly a century and a half after the Second Founders did their work, their words and example move before us as a people, a cloud by day, a pillar of fire by night.


That Pernicious Pop-Up, The Prima Facie Case, Michael Hayes Jan 2006

That Pernicious Pop-Up, The Prima Facie Case, Michael Hayes

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This article first explains the role the prima facie case has played in discrimination cases, from its creation in McDonnell Douglas through the Supreme Court's decisions in Aikens and Reeves, up to the application of Reeves by lower courts in the past several years. Next, this article focuses on Reeve's identification of "strength of the prima facie case" as a factor to be considered on summary judgment, and discusses why it would be unwise and unworkable to interpret the words "prima facie case" in that factor as having the same meaning as the "prima facie case" proved in ...