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Articles 1 - 8 of 8
Full-Text Articles in Law
Miller V. Johnson: Drawing The Line On Racial Gerrymandering, Darin R. Doak
Miller V. Johnson: Drawing The Line On Racial Gerrymandering, Darin R. Doak
Northern Illinois University Law Review
By rejecting the Georgia State Legislature's attempt to redraw its political districts to ensure election of black representatives, the Supreme Court in Miller v. Johnson exposed a fallacy that served as the foundation for eighteenth-, nineteenth-, and twentieth-century barriers to minority franchise rights: the idea that minority groups act and vote similarly. Treading lightly through the political thicket of redistricting, the Miller Court eliminated this threat by prohibiting political districts drawn with substantial reliance upon race. This article discusses the merits of the Miller decision and its place in the evolution of minority voting rights. The article also suggests that …
Protecting Rights And Promoting Democracy: Judicial Review Under Section 1 Of The Charter, Martha Jackman
Protecting Rights And Promoting Democracy: Judicial Review Under Section 1 Of The Charter, Martha Jackman
Osgoode Hall Law Journal
The author argues that, under section 1 of the Charter, the courts must weigh carefully the democratic potential of rights guarantees against the democratic quality of government decisions which undermine those rights. The article points to the Egan and Eldridge cases as examples of decisions in which the willingness to uphold rights violations under section 1, in the name of deference to the legislature, actually undermines democratic values. The article examines the RIR-MacDonald decision as a starting point for a section 1 analysis which identifies the characteristics of government decisionmaking that must be present if rights violations are to be …
The Color-Blind Court , Jeffery Rosen
The Color-Blind Court , Jeffery Rosen
American University Law Review
No abstract provided.
The End Of Innocence Or Politics After The Fall Of The Essential Subject , Robert S. Chang
The End Of Innocence Or Politics After The Fall Of The Essential Subject , Robert S. Chang
American University Law Review
No abstract provided.
Getting Beyond Racial Preferences: The Class-Based Compromise , Richard D. Kahlenberg
Getting Beyond Racial Preferences: The Class-Based Compromise , Richard D. Kahlenberg
American University Law Review
No abstract provided.
Thomas Jefferson, Equality, And The Creation Of A Civil Society, Gordon S. Wood
Thomas Jefferson, Equality, And The Creation Of A Civil Society, Gordon S. Wood
Fordham Law Review
No abstract provided.
Legal Inversions: Lesbians, Gay Men, And The Politics Of Law, Peter Kwan
Legal Inversions: Lesbians, Gay Men, And The Politics Of Law, Peter Kwan
American University Journal of Gender, Social Policy & the Law
No abstract provided.