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Articles 1 - 5 of 5

Full-Text Articles in Law

Foreword, Paula A. Monopoli Jan 2004

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 Jan 2004

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 Jan 2004

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 Jan 2004

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 Jan 2004

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 …