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29 Jun 2018, 5:25 am by Bobby Chen
Hodges, Lawrence v. [read post]
19 Jul 2009, 2:07 pm
For example, the intention behind the equal protection clause might be formulated at a relatively high level of generality--leading to the conclusion that segregation is unconstitutional--or at a very particular level--in which case the fact that the Reconstruction Congress segregated the District of Columbia schools might be thought to support the "separate but equal" principle of Plessy v. [read post]
27 Mar 2016, 2:54 pm
Section V then posits an alternative analysis, normatively autonomous (though not entirely free) of the orbit of the state, a vision possible only when the ideological presumptions of the state are suspended. [read post]
20 May 2024, 8:40 am by David Pozen
By contrast, Paul-Emile’s theory might suggest a revisionist reading of Gonzales v. [read post]