Add to ORKGOver a quarter century ago, Professor Fiss proposed that the constitutional principle of equal protection should be interpreted to prohibit laws or official practices that aggravate or perpetuate the subordination of specially disadvantaged groups. Fiss thought that the anti-subordination principle could more readily justify results he believed normatively attractive than could the rival, anti-discrimination principle. In particular, anti-subordination would enable the courts to invalidate facially neutral laws that have the effect of disadvantaging a subordinate group and also enable them to uphold facially race-based laws aimed at ameliorating the condition of a subordinate group. Since Fiss’s landmark article appeared, Supreme Court doct...
For decades, the Supreme Court has sharply divided in equal protection race discrimination cases. As...
This Essay is the third in a series of pieces assessing Equal Protection Doctrine and jurisprudence....
In order to preserve a broad field of play for legislative and administrative action, courts do not ...
Over a quarter century ago, Professor Fiss proposed that the constitutional principle of equal prote...
The antisubordination principle exists at the margins of equality law. This Article seeks to revive ...
In this article, Professor Darren Hutchinson contributes to the debate over the meaning of the Fourt...
Equal protection must prohibit arbitrary governmental classifications or differentiation. The Supre...
In the last thirty years, the equal protection clause has been largely transformed. Once a point of ...
The Supreme Court has said that the Equal Protection Clause of the Constitution and Title VII’s proh...
With the publication of Groups and the Equal Protection Clause, Owen Fiss inaugurated the antisubord...
The Supreme Court has said that the Equal Protection Clause of the Constitution and Title VII’s proh...
The Supreme Court increasingly has interpreted the Equal Protection Clause as a mandate for the stat...
This essay uses Owen Fiss’ treatment of equality doctrine in “Groups and the Equal Protection Clause...
This Article examines the argument that the equal protection clause of the fourteenth amendment was ...
Espousing colorblindness as the defining feature of the Equal Protection Clause, a bare majority of ...
For decades, the Supreme Court has sharply divided in equal protection race discrimination cases. As...
This Essay is the third in a series of pieces assessing Equal Protection Doctrine and jurisprudence....
In order to preserve a broad field of play for legislative and administrative action, courts do not ...
Over a quarter century ago, Professor Fiss proposed that the constitutional principle of equal prote...
The antisubordination principle exists at the margins of equality law. This Article seeks to revive ...
In this article, Professor Darren Hutchinson contributes to the debate over the meaning of the Fourt...
Equal protection must prohibit arbitrary governmental classifications or differentiation. The Supre...
In the last thirty years, the equal protection clause has been largely transformed. Once a point of ...
The Supreme Court has said that the Equal Protection Clause of the Constitution and Title VII’s proh...
With the publication of Groups and the Equal Protection Clause, Owen Fiss inaugurated the antisubord...
The Supreme Court has said that the Equal Protection Clause of the Constitution and Title VII’s proh...
The Supreme Court increasingly has interpreted the Equal Protection Clause as a mandate for the stat...
This essay uses Owen Fiss’ treatment of equality doctrine in “Groups and the Equal Protection Clause...
This Article examines the argument that the equal protection clause of the fourteenth amendment was ...
Espousing colorblindness as the defining feature of the Equal Protection Clause, a bare majority of ...
For decades, the Supreme Court has sharply divided in equal protection race discrimination cases. As...
This Essay is the third in a series of pieces assessing Equal Protection Doctrine and jurisprudence....
In order to preserve a broad field of play for legislative and administrative action, courts do not ...