Constitutional Theory: Arguments and PerspectivesMichie Company, 1993 - 419 pages |
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Page 326
... racial discrimination treat these two categories as mutually exclusive . That is , while disproportionate impact may be evidence of racially dis- criminatory motive , whether impact or motive is the appropriate focus is normally posed ...
... racial discrimination treat these two categories as mutually exclusive . That is , while disproportionate impact may be evidence of racially dis- criminatory motive , whether impact or motive is the appropriate focus is normally posed ...
Page 330
... racial disadvantaging for its own sake , governmen- tal decisionmakers are as likely to repress their racial motives as they are to lie to courts or to attempt after - the - fact rationalizations of classifica- tions that are not racial ...
... racial disadvantaging for its own sake , governmen- tal decisionmakers are as likely to repress their racial motives as they are to lie to courts or to attempt after - the - fact rationalizations of classifica- tions that are not racial ...
Page 332
... racially discriminatory impact re- sults directly from past intentional discrimination or from current but unprovable racial animus will be well within judicial reach . A law does not stigmatize blacks simply because exclusion itself is ...
... racially discriminatory impact re- sults directly from past intentional discrimination or from current but unprovable racial animus will be well within judicial reach . A law does not stigmatize blacks simply because exclusion itself is ...
Contents
Part I | 1 |
The Relevance of Theory to Recent Events | 10 |
The Judicial Function and the Idea of Principled | 17 |
Copyright | |
34 other sections not shown
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Common terms and phrases
American approach to constitutional argues argument aspirations Bork Bork's Cass Sunstein choice claim clause conception Congress conservative consti constitutional adjudication constitutional interpretation constitutional law constitutional theory constitutionally Critical Legal Studies critique debate decisionmaking decisions democracy democratic dissenting doctrine due process economic equal protection equal protection clause federal feminist Fiss Fourteenth Amendment framers fundamental gender governmental HARV individual rights interpretivism issues John Hart Ely judges judicial review jurisprudence Justice Laurence Tribe Law School legislative legislature liberal liberty majoritarian majority meaning ment Michelman moral neutral nonoriginalist norm original intent original understanding originalist overruling particular Perry perspective political pragmatism pragmatist President principles problem Professor question racial ratified reason Rehnquist republican Richard Richard Posner role rules Scalia scholars sex discrimination social society stare decisis structure substantive Sunstein Supreme Court Suzanna Sherry theorists tion tional tradition Tushnet tutional United vote women YALE L.J.
References to this book
To Secure These Rights: The Declaration of Independence and Constitutional ... Scott Douglas Gerber No preview available - 1996 |