Child Categories
Fourteenth Amendment
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Principle and Compromise in Constitutional Adjudication: The Eleventh Amendment and State Sovereign Immunity
January 25, 2024
Vicki C. Jackson, Principle and Compromise in Constitutional Adjudication: The Eleventh Amendment and State Sovereign Immunity, 75 Notre Dame L. Rev. 953 (2000).
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Introduction: Congressional Control of Jurisdiction and the Future of the Federal Courts — Opposition, Agreement, and Hierarchy
January 25, 2024
Vicki C. Jackson, Introduction: Congressional Control of Jurisdiction and the Future of the Federal Courts — Opposition, Agreement, and Hierarchy, 86 Geo. L.J. 2445 (1998).
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Federalism and the Court: Congress as the Audience?
January 25, 2024
Vicki C. Jackson, Federalism and the Court: Congress as the Audience?, 574 Annals Am. Acad. Pol. & Soc. Sci. 145 (2001).
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The Legal Process School: Introduction
January 25, 2024
Abram Chayes & Todd D. Rakoff, The Legal Process School: Introduction, The Bridge (1998).
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Washington v. Davis and the Objective Theory of Contracts
January 25, 2024
Todd D. Rakoff, Washington v. Davis and the Objective Theory of Contracts, 29 Harv. C.R.-C.L. L. Rev. 63 (1994).
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The Diversity Paradox: Judicial Review in an Age of Demographic and Educational Change (Supreme Court Roundup on Fisher v. Texas)
January 25, 2024
Tomiko Brown-Nagin, The Diversity Paradox: Judicial Review in an Age of Demographic and Educational Change (Supreme Court Roundup on Fisher v. Texas), 65 Vand. L.
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Toward a Pragmatic Understanding of Status Consciousness: The Case of Deregulated Education
January 25, 2024
Tomiko Brown-Nagin, Toward a Pragmatic Understanding of Status Consciousness: The Case of Deregulated Education, 50 Duke L.J. 753 (2000).
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Tomiko Brown-Nagin, Elites, Social Movements, and the Law: The Case of Affirmative Action, 105 Colum. L. Rev. 1436 (2005).
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Forgotten Insurrection Clause of 14th Amendment Used to Force GOP Members of Congress to Defend Actions on Jan. 6
January 25, 2024
Ronald Sullivan, Forgotten Insurrection Clause of 14th Amendment Used to Force GOP Members of Congress to Defend Actions on Jan. 6, Law.com (May 11, 2022).
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Reconsidering Palmer v. Thompson
January 25, 2024
Randall L. Kennedy, Reconsidering Palmer v. Thompson, 2018 Sup. Ct. Rev. 179 (2018).
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State-Enforced Segregation and the Color of Justice
January 25, 2024
Randall Kennedy, State-Enforced Segregation and the Color of Justice, Am. Prospect, July 24, 2017, at 1 (reviewing Richard Rothstein, The Color of Law: The Forgotten…
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Race and the Fourteenth Amendment: The Power of Interpretive Choice
January 25, 2024
Randall L. Kennedy, Race and the Fourteenth Amendment: The Power of Interpretive Choice, in A Less Than Perfect Union: Alternative Perspectives on the U.S. Constitution…
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Ginsburg v. New York
January 25, 2024
Robert H. Mnookin, Ginsburg v. New York, in Encyclopedia of the American Constitution 1194 (Leonard W. Levy & Kenneth L. Karst eds., 2d ed. 2000).
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Justifying Diversity
January 25, 2024
Noah Feldman, Justifying Diversity, N.Y. Rev. Books, Dec. 6, 2018, at 27.
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The Warren Court and the Pursuit of Justice
January 25, 2024
Morton J. Horwitz, The Warren Court and the Pursuit of Justice (Hill And Wang 1998).
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Fidelity, Indeterminacy, and the Problem of Constitutional Evil
January 25, 2024
Michael J. Klarman, Fidelity, Indeterminacy, and the Problem of Constitutional Evil, 65 Fordham L. Rev. 1739 (1997).
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The Puzzling Resistance to Political Process Theory
January 25, 2024
Michael J. Klarman, The Puzzling Resistance to Political Process Theory, 77 Va. L. Rev. 747 (1991).
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Windsor and Brown: Marriage Equality and Racial Equality
January 25, 2024
Michael J. Klarman, Windsor and Brown: Marriage Equality and Racial Equality, 127 Harv. L. Rev. 127 (2013).
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Michael J. Klarman, Brown, Originalism, and Constitutional Theory: A Response to Professor McConnell, 81 Va. L. Rev. 1881 (1995).
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Civil Rights Law: Who Made It and How Much Did It Matter
January 25, 2024
Michael J. Klarman, Civil Rights Law: Who Made It and How Much Did It Matter, 83 Geo. L.J. 433 (1994)(reviewing Mark V. Tushnet, Making Civil…
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The Plessy Era
January 25, 2024
Michael J. Klarman, The Plessy Era, 1998 Sup. Ct. Rev. 303.