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Articles 1 - 5 of 5
Full-Text Articles in Law
Foreword, Paula A. Monopoli
Foreword, Paula A. Monopoli
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Justice Sandra Day O'Connor: The World's Most Powerful Jurist?, Diane Lowenthal, Barbara Palmer
Justice Sandra Day O'Connor: The World's Most Powerful Jurist?, Diane Lowenthal, Barbara Palmer
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Sandra Day O'Connor's Position On Discrimination, Stephen E. Gottlieb
Sandra Day O'Connor's Position On Discrimination, Stephen E. Gottlieb
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
The Dark Side Of Grutter, Girardeau A. Spann
The Dark Side Of Grutter, Girardeau A. Spann
Georgetown Law Faculty Publications and Other Works
Liberals have generally cheered the Supreme Court's decision in Grutter v. Bollinger as validating the continued use of affirmative action in the struggle against racial injustice. But the Supreme Court's modern race cases rest on a misunderstanding of the nature of contemporary racial discrimination. From Brown, to Bakke, to Grutter, the Court has advanced a colorblind conception of racial equality that treats race-conscious affirmative action as constitutionally suspect, because it deviates from an aspirational baseline of race neutrality that lies at the core of the equal protection clause. However, race neutrality is a hopelessly artificial concept in …
Resorting To External Norms And Principles In Constitutional Decision-Making, Alvin L. Goldman
Resorting To External Norms And Principles In Constitutional Decision-Making, Alvin L. Goldman
Law Faculty Scholarly Articles
Given the very significant role of constitutional law in the American political system and the fact that Supreme Court Justices are appointed through a political process, it is understandable that the appropriate judicial approach to resolving constitutional issues often is the subject of political commentary. Unfortunately, discourse by politicians concerning this issue seldom rises to the deserved level of wisdom. One of President George W. Bush's public mantras is illustrative of political commentary respecting federal judicial appointments: "I'm going to put strict constructionists on the bench." On its face, and as understood by politically naive audiences, the statement appears to …