Part I of this article considers the impact that judicial discretion has on the traditional model of judicial review, and that model\u27s reliance on the Supreme Court as the primary guardian of minority interests. Part II argues that the interests of racial minorities can be better advanced through the ordinary political process than through the process of Supreme Court adjudication. Part Ill emphasizes that minority participation in Supreme Court proceedings cannot ultimately be avoided and, accordingly, suggests a political model of the Court that minorities can use in an effort to neutralize the Court\u27s distortion of the political process. Part IV considers the risks associated with political use of the Supreme Court. Finally, Part V...
Identity politics leads to individuals making political decisions to help those most similar to them...
Liberals have generally cheered the Supreme Court\u27s decision in Grutter v. Bollinger as validatin...
This Article examines issues of inequality in education, minority representation, and access to the ...
The present Supreme Court has been noticeably unreceptive to legal claims asserted by racial minorit...
Part I of this article argues that the Supreme Court lacks the institutional competence to formulate...
A Review of Race Against the Court: The Supreme Court and Minorities in Contemporary America by Gir...
This Article suggests that the U.S. Supreme Court, through its decisions in cases alleging race disc...
This Article proceeds along two lines. First, it reviews the theories of harm set forth in the Justi...
This Article will explore the origins of the Court’s color-blind interpretation of the Fourteenth Am...
The author explains his conclusion that the Supreme Court, as a matter of conscience, considers raci...
This Article challenges liberal and conservative assessments of Lawrence, Gratz, and Grutter. Althou...
This article is based on one that was first published in The Wastington Post on April 16, 1995. It ...
This Essay applies the principles of social movement theory and analyzes the legal status of race-ba...
Race matters, but judges and courts have failed to fashion a rule of law that is inclusive of all ra...
In United States v. Carolene Products Co., Justice Stone suggested by indirection that there may be...
Identity politics leads to individuals making political decisions to help those most similar to them...
Liberals have generally cheered the Supreme Court\u27s decision in Grutter v. Bollinger as validatin...
This Article examines issues of inequality in education, minority representation, and access to the ...
The present Supreme Court has been noticeably unreceptive to legal claims asserted by racial minorit...
Part I of this article argues that the Supreme Court lacks the institutional competence to formulate...
A Review of Race Against the Court: The Supreme Court and Minorities in Contemporary America by Gir...
This Article suggests that the U.S. Supreme Court, through its decisions in cases alleging race disc...
This Article proceeds along two lines. First, it reviews the theories of harm set forth in the Justi...
This Article will explore the origins of the Court’s color-blind interpretation of the Fourteenth Am...
The author explains his conclusion that the Supreme Court, as a matter of conscience, considers raci...
This Article challenges liberal and conservative assessments of Lawrence, Gratz, and Grutter. Althou...
This article is based on one that was first published in The Wastington Post on April 16, 1995. It ...
This Essay applies the principles of social movement theory and analyzes the legal status of race-ba...
Race matters, but judges and courts have failed to fashion a rule of law that is inclusive of all ra...
In United States v. Carolene Products Co., Justice Stone suggested by indirection that there may be...
Identity politics leads to individuals making political decisions to help those most similar to them...
Liberals have generally cheered the Supreme Court\u27s decision in Grutter v. Bollinger as validatin...
This Article examines issues of inequality in education, minority representation, and access to the ...