Professor Peter Westen\u27s essay asserting that the concept of equality has no substantive content whatsoever usefully brushes aside much of the equal-protection rhetoric that, as Westen carefully explains, appropriately belongs to substantive due process. However, his absolutist position is open to challenge. I would like to posit one hypothetical case that I used in my classes when I taught Constitutional Law that I think contradicts Professor Westen\u27s thesis. If it does, then there will be other cases as well, and his position cannot stand as the logically tight construct that he repeatedly asserts that it is
The question “what is equality?”, applied to the distribution of resources across races, suggests th...
This revised and annotated version of the H.L.A. Hart Memorial lecture in the University of Oxford i...
I am struck by the Court\u27s use of the word equality in the last line of its holding. It seems a...
Comments on Westen article The Empty Idea of Equality. The only way we know what direction to move ...
The nature of equality and the relationship between equality and justice have long been puzzling to ...
Part I of this essay analyzes Professor Westen\u27s arguments that the concept of equality is unnece...
I shall set forth my thesis in Part I, using the Declaration of Independence ( all men are created e...
In legal, political, and philosophical discourse, and indeed in everyday life, equality often plays ...
The Logic of Egalitarian Norms was prompted by a recent article by Christopher J. Peters, Equality...
Drawing on his work in two previous articles, Christopher Peters contends that uncertainty about sub...
There are two ways in which the social ideal of equality has found expression in the law: in the pri...
The problem of how best to resolve reverse discrimination questions under the equal protection cla...
A Review of Speaking of Equality: An Analysis of the Rhetorical Force of Equality in Moral and Le...
It has been 20 years since section 15 of the Charter came into force. In this paper, Professor Hogg ...
This article first discusses key equality guarantees in law today. It then focuses on different unde...
The question “what is equality?”, applied to the distribution of resources across races, suggests th...
This revised and annotated version of the H.L.A. Hart Memorial lecture in the University of Oxford i...
I am struck by the Court\u27s use of the word equality in the last line of its holding. It seems a...
Comments on Westen article The Empty Idea of Equality. The only way we know what direction to move ...
The nature of equality and the relationship between equality and justice have long been puzzling to ...
Part I of this essay analyzes Professor Westen\u27s arguments that the concept of equality is unnece...
I shall set forth my thesis in Part I, using the Declaration of Independence ( all men are created e...
In legal, political, and philosophical discourse, and indeed in everyday life, equality often plays ...
The Logic of Egalitarian Norms was prompted by a recent article by Christopher J. Peters, Equality...
Drawing on his work in two previous articles, Christopher Peters contends that uncertainty about sub...
There are two ways in which the social ideal of equality has found expression in the law: in the pri...
The problem of how best to resolve reverse discrimination questions under the equal protection cla...
A Review of Speaking of Equality: An Analysis of the Rhetorical Force of Equality in Moral and Le...
It has been 20 years since section 15 of the Charter came into force. In this paper, Professor Hogg ...
This article first discusses key equality guarantees in law today. It then focuses on different unde...
The question “what is equality?”, applied to the distribution of resources across races, suggests th...
This revised and annotated version of the H.L.A. Hart Memorial lecture in the University of Oxford i...
I am struck by the Court\u27s use of the word equality in the last line of its holding. It seems a...