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Full-Text Articles in Law

E Pluribus Unum: Liberalism's March To Be The Singular Influence On Civil Rights At The Supreme Court, Aaron J. Shuler Jan 2013

E Pluribus Unum: Liberalism's March To Be The Singular Influence On Civil Rights At The Supreme Court, Aaron J. Shuler

Aaron J Shuler

Rogers Smith writes that American political culture can best be understood as a blend of liberal, republican and illiberal ascriptive ideologies. The U.S. Supreme Court’s constitutional jurisprudence has largely reflected this thesis. While the Court moved away from permitting laws that explicitly construct hierarchies in the 20th century and made tepid references to egalitarian principles during the Warren Court, liberalism has prevailed in the majority of the Court’s decisions. Gains in civil rights through the Fourteenth Amendment’s Equal Protection and Substantive Due Process clauses were achieved primarily through liberal notions of de-regulation, a market economy and individual freedom. Conversely, State …


Willful [Color-] Blindness: The Supreme Court's Equal Protection Of Ascription, Aaron J. Shuler Jan 2012

Willful [Color-] Blindness: The Supreme Court's Equal Protection Of Ascription, Aaron J. Shuler

Aaron J Shuler

Rogers Smith in his "Beyond Tocqueville, Myrdal and Hartz: The Multiple Traditions in America," warns of novel legal systems reconstituting ascriptive American inequality. The post-Warren Courts' approach to Equal Protection, specifically their unwillingness to consider disparate impact and the difference between invidious and benign practices, betrays an "ironic innocence" as described by James Baldwin to a history of racial discrimination and domination, and a disavowal of a hiearchy that the Court perpetuates.


Grumpy Old Men: A Correlation Between Irritation And Intolerance For Marriage Equality, Aaron J. Shuler Jan 2012

Grumpy Old Men: A Correlation Between Irritation And Intolerance For Marriage Equality, Aaron J. Shuler

Aaron J Shuler

The Gay Equality Movement has made expeditious strides in the last few decades. Most progress in accepting attitudes toward homosexuals has been made in groups that are traditionally associated with liberal views toward minority groups: the young, the educated, and, to a lesser extent, women. This paper seeks to use membership in those groups as control variables to determine whether another less understood independent variable bears on tolerance. Specifically, this paper uses data from the American National Election Survey from 2008-09 and Alan Gerber’s work on the “Big Five” personality traits to determine whether irritated or less agreeable citizens are …


Bob's Secret: Dylan Responds To Chinese Censorship Allegations, Aaron J. Shuler May 2011

Bob's Secret: Dylan Responds To Chinese Censorship Allegations, Aaron J. Shuler

Aaron J Shuler

No abstract provided.


Cognitive Dissonance In A Recession: Minnesota Gop Attacks Marriage Equality In Land Of "Gayest City In America", Aaron J. Shuler Jan 2011

Cognitive Dissonance In A Recession: Minnesota Gop Attacks Marriage Equality In Land Of "Gayest City In America", Aaron J. Shuler

Aaron J Shuler

Despite a tradition of progressive thinking on civil rights and recent specific gains for gays in Minnesota, the State's Republican party is trying to place an anti-marriage equality amendment on the 2012 ballot.


From Immutable To Existential: Protecting Who We Are And Who We Want To Be With The 'Equalerty' Of The Substantive Due Process Clause, Aaron J. Shuler Mar 2010

From Immutable To Existential: Protecting Who We Are And Who We Want To Be With The 'Equalerty' Of The Substantive Due Process Clause, Aaron J. Shuler

Aaron J Shuler

Abstract Scholars have written about the duality of the substantive due process and equal protection doctrines and described how they have worked in tandem, although many academics have focused on, or outright called for, a preference for the use of the equal protection clause. Another contingent of the academic community, however, has discussed the favored use of substantive due process in the last fifty years in providing equal treatment for all groups by ferreting out discrimination against marginalized minorities. Scholars have also separately alluded to substantive due process’ ability to protect the most existential of liberties. This works seeks to …


The Court's New Litmus Test, Aaron J. Shuler Jan 2010

The Court's New Litmus Test, Aaron J. Shuler

Aaron J Shuler

No abstract provided.


Killing Is Expensive, Aaron J. Shuler Jan 2009

Killing Is Expensive, Aaron J. Shuler

Aaron J Shuler

No abstract provided.


The Supreme Court Finally Gets Off The Second Amendment Bench, Aaron J. Shuler Jan 2008

The Supreme Court Finally Gets Off The Second Amendment Bench, Aaron J. Shuler

Aaron J Shuler

No abstract provided.


Right To Bear Arms...And Use Them, Upheld, Aaron J. Shuler Jan 2008

Right To Bear Arms...And Use Them, Upheld, Aaron J. Shuler

Aaron J Shuler

No abstract provided.


Liberty At The Altar Of Security, Aaron J. Shuler Jan 2008

Liberty At The Altar Of Security, Aaron J. Shuler

Aaron J Shuler

No abstract provided.


Thou Shalt Die Sober, Aaron J. Shuler Jan 2008

Thou Shalt Die Sober, Aaron J. Shuler

Aaron J Shuler

No abstract provided.


The United States Of Incarcerated, Aaron J. Shuler Jan 2008

The United States Of Incarcerated, Aaron J. Shuler

Aaron J Shuler

No abstract provided.


Be Careful Where You Spit, Aaron J. Shuler Jan 2008

Be Careful Where You Spit, Aaron J. Shuler

Aaron J Shuler

No abstract provided.


Constitutional Liar, Aaron J. Shuler Jan 2008

Constitutional Liar, Aaron J. Shuler

Aaron J Shuler

No abstract provided.


Two Good Men, One Good Campaign, Aaron J. Shuler Jan 2008

Two Good Men, One Good Campaign, Aaron J. Shuler

Aaron J Shuler

No abstract provided.


Torture's Future, Aaron J. Shuler Dec 2007

Torture's Future, Aaron J. Shuler

Aaron J Shuler

No abstract provided.


Celebrities No Antidote To Apathy, Aaron J. Shuler Jan 2004

Celebrities No Antidote To Apathy, Aaron J. Shuler

Aaron J Shuler

No abstract provided.