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2019

Equality

Selected Works

Articles 1 - 2 of 2

Full-Text Articles in Law

Practical Equality: Discussion With Author Robert L. Tsai, Timothy Zick, Robert L. Tsai Sep 2019

Practical Equality: Discussion With Author Robert L. Tsai, Timothy Zick, Robert L. Tsai

Timothy Zick

Professor Timothy Zick discusses a new book titled "Practical Equality: Forging Justice in a Divided Nation," with its author, Professor Robert L. Tsai of American University Washington College of Law. Timothy Zick is the John Marshall Professor of Government and Citizenship at William & Mary Law School. His scholarship has explored a wide variety of constitutional issues, with a special focus on the First Amendment. Robert L. Tsai is Professor of Law at American University and a prize-winning essayist in constitutional law and history. Recorded before a live audience at William & Mary Law School on March 14, 2019. The …

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Racial Indirection, Yuvraj Joshi Apr 2019

Racial Indirection, Yuvraj Joshi

Yuvraj Joshi

Racial indirection describes practices that produce racially disproportionate results without the overt use of race. This Article demonstrates how racial indirection has allowed — and may continue to allow — efforts to desegregate America’s universities. By analyzing the Supreme Court’s affirmative action cases, the Article shows how specific features of affirmative action doctrine have required and incentivized racial indirection, and how these same features have helped sustain the constitutionality of affirmative action to this point. There is a basic constitutional principle that emerges from these cases: so long as the end is constitutionally permissible, the less direct the reliance on …

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