Jason Mazzone (University of Illinois College of Law) and Vikram D. Amar (University of California, Davis – School of Law; University of Illinois College of Law) have posted (Back To?) The Future Of Equal Protection Doctrine: Modern Classification Analysis And Converse-Washington v. Davis Quandaries (University of Illinois Law Review) on SSRN. Here is the abstract:
Equal protection doctrine is in considerable flux with more change likely to come before long. Recent cases raise basic questions about whether the modern Supreme Court has a coherent approach to determining when governmental classifications trigger heightened judicial scrutiny and about the theoretical basis for the standards of review the Court applies in different circumstances. This Symposium Article explores these questions and associated problems in equal protection doctrine, and then trains its attention on two emerging issues that illustrate the complexities of the law: first, the standard of review that should apply to the slavery reparations programs some states and localities have recently adopted or are considering; and second, the proper approach to what we refer to as converse-Washington v. Davis scenarios, in which race or sex is a motivating factor for government action that, while neutral on its face, has the subjective goal of promoting more representation of historically marginalized racial or ethnic groups.
Highly Recommended!
To receive new posts from Legal Theory Blog by email, get a free subscription to Legal Theory Stack.
Lawrence Solum