788 research outputs found
The Centrality and Limits of Motivation Analysis
In this commentary the author claims that his once radical ideas have been outflanked on the left by succeeding generations. The author then goes on to discuss the relationship between unconstitutional motivation and suspect classifications. Next the author discusses his fear that while the Court has recognized the relevance of motivation, it has denied the constitutional claim in each case. The author concludes by warning the court that it would be a tragedy to expand its awareness of the relevance of motivation into a thoroughly mistaken notion that a denial of a constitutional right does not count as such unless it was intentional
Confounded by \u3cem\u3eCromartie\u3c/em\u3e: Are Racial Stereotypes Now Acceptable Across the Board or Only When Used in Support of Partisan Gerrymanders?
Constitutional Interpretivism: Its Allure and Impossibility
A shorter version of the text of this article was delivered on February 7, 1978, by Professor Ely at the Indiana University School of Law as part of the Addison C. Harris lecture series. It is an adaptation of part of a book in progress on judicial review and representative government
If at First You Don\u27t Succeed, Ignore the Question Next Time? Group Harm in Brown V. Board of Education and Loving V. Virginia
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