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Open Access. Powered by Scholars. Published by Universities.®

2021

Jurisprudence

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All Faculty Scholarship

Articles 1 - 2 of 2

Full-Text Articles in Law

Racial Revisionism, Shaun Ossei-Owusu Jan 2021

Racial Revisionism, Shaun Ossei-Owusu

All Faculty Scholarship

Review of Corey Robin, The Enigma of Clarence Thomas (New York: Metropolitan Books, 2019).


Mirror, Mirror, On The Wall: Disney Princesses’ Reflections Of Equal Protection, Kermit Roosevelt Iii, Abigail Tootell Jan 2021

Mirror, Mirror, On The Wall: Disney Princesses’ Reflections Of Equal Protection, Kermit Roosevelt Iii, Abigail Tootell

All Faculty Scholarship

Constitutional doctrine and public opinion often move in tandem, particularly in the area of equal protection decisions. The Supreme Court tends to use the clause to invalidate unreasonable or oppressive discrimination, where what is unreasonable or oppressive is determined not by the values of 1868 but by those of contemporary America. This Article offers a microstudy in applied constitutional theory by juxtaposing the development of the Supreme Court's sex discrimination jurisprudence and the evolution of Disney Princesses. The analysis expands beyond confirming that prevailing cultural norms inform Supreme Court decisions; it also offers insight into the limitations of constitutional sex …