Tag: Race

Books

The Constitution and the Migration of Slaves

The Yale Law Journal 78:2 (December 1968), 198–228; reprinted in Walter Berns, In Defense of Liberal Democracy (Regnery Gateway, 1984).
Excerpt: Shortly after the adoption of the Constitution, the South came to see the power granted to Congress to regulate commerce as a major threat to its domestic tranquility, for this… More

Affirmative Action vs. the Declaration of Independence

New Perspectives 16:1 (Summer 1984).
Abstract: Reverse discrimination is an effect of affirmative action that cannot be overlooked: it is discriminatory and it has victims. If laws may be used to discriminate against Whites,… More

Taking the Constitution Seriously

Crisis, June 1, 1987.
Excerpt: Unlike the first federal judges, whose formal legal education was likely to have been very limited indeed — John Marshall was largely self-educated in the law and John Jay, the… More

Equality as a Constitutional Concept

Maryland Law Review 44 (Fall 1987).
Excerpt: I begin by setting the stage for a question. I then ask it. Put yourself in the position of a delegate to the Constitutional Convention in Philadelphia in 1787. You are an… More

Peers and Peremptory Challenges

Race and the Criminal Justice System: How Race Affects Jury Trials, Gerald A. Reynolds, ed. (Washington, DC: The Center for Equal Opportunity, 1996).
Abstract: An introductory paper notes that throughout most of American history a white-dominated justice system, including juries, has discriminated against black defendants, but today… More

Essays

The Constitution and the Migration of Slaves

The Yale Law Journal 78:2 (December 1968), 198–228; reprinted in Walter Berns, In Defense of Liberal Democracy (Regnery Gateway, 1984).
Excerpt: Shortly after the adoption of the Constitution, the South came to see the power granted to Congress to regulate commerce as a major threat to its domestic tranquility, for this… More

Affirmative Action vs. the Declaration of Independence

New Perspectives 16:1 (Summer 1984).
Abstract: Reverse discrimination is an effect of affirmative action that cannot be overlooked: it is discriminatory and it has victims. If laws may be used to discriminate against Whites,… More

Taking the Constitution Seriously

Crisis, June 1, 1987.
Excerpt: Unlike the first federal judges, whose formal legal education was likely to have been very limited indeed — John Marshall was largely self-educated in the law and John Jay, the… More

Equality as a Constitutional Concept

Maryland Law Review 44 (Fall 1987).
Excerpt: I begin by setting the stage for a question. I then ask it. Put yourself in the position of a delegate to the Constitutional Convention in Philadelphia in 1787. You are an… More

Peers and Peremptory Challenges

Race and the Criminal Justice System: How Race Affects Jury Trials, Gerald A. Reynolds, ed. (Washington, DC: The Center for Equal Opportunity, 1996).
Abstract: An introductory paper notes that throughout most of American history a white-dominated justice system, including juries, has discriminated against black defendants, but today… More

Commentary

The Constitution and the Migration of Slaves

The Yale Law Journal 78:2 (December 1968), 198–228; reprinted in Walter Berns, In Defense of Liberal Democracy (Regnery Gateway, 1984).
Excerpt: Shortly after the adoption of the Constitution, the South came to see the power granted to Congress to regulate commerce as a major threat to its domestic tranquility, for this… More

Affirmative Action vs. the Declaration of Independence

New Perspectives 16:1 (Summer 1984).
Abstract: Reverse discrimination is an effect of affirmative action that cannot be overlooked: it is discriminatory and it has victims. If laws may be used to discriminate against Whites,… More

Taking the Constitution Seriously

Crisis, June 1, 1987.
Excerpt: Unlike the first federal judges, whose formal legal education was likely to have been very limited indeed — John Marshall was largely self-educated in the law and John Jay, the… More

Equality as a Constitutional Concept

Maryland Law Review 44 (Fall 1987).
Excerpt: I begin by setting the stage for a question. I then ask it. Put yourself in the position of a delegate to the Constitutional Convention in Philadelphia in 1787. You are an… More

Peers and Peremptory Challenges

Race and the Criminal Justice System: How Race Affects Jury Trials, Gerald A. Reynolds, ed. (Washington, DC: The Center for Equal Opportunity, 1996).
Abstract: An introductory paper notes that throughout most of American history a white-dominated justice system, including juries, has discriminated against black defendants, but today… More

Multimedia

The Constitution and the Migration of Slaves

The Yale Law Journal 78:2 (December 1968), 198–228; reprinted in Walter Berns, In Defense of Liberal Democracy (Regnery Gateway, 1984).
Excerpt: Shortly after the adoption of the Constitution, the South came to see the power granted to Congress to regulate commerce as a major threat to its domestic tranquility, for this… More

Affirmative Action vs. the Declaration of Independence

New Perspectives 16:1 (Summer 1984).
Abstract: Reverse discrimination is an effect of affirmative action that cannot be overlooked: it is discriminatory and it has victims. If laws may be used to discriminate against Whites,… More

Taking the Constitution Seriously

Crisis, June 1, 1987.
Excerpt: Unlike the first federal judges, whose formal legal education was likely to have been very limited indeed — John Marshall was largely self-educated in the law and John Jay, the… More

Equality as a Constitutional Concept

Maryland Law Review 44 (Fall 1987).
Excerpt: I begin by setting the stage for a question. I then ask it. Put yourself in the position of a delegate to the Constitutional Convention in Philadelphia in 1787. You are an… More

Peers and Peremptory Challenges

Race and the Criminal Justice System: How Race Affects Jury Trials, Gerald A. Reynolds, ed. (Washington, DC: The Center for Equal Opportunity, 1996).
Abstract: An introductory paper notes that throughout most of American history a white-dominated justice system, including juries, has discriminated against black defendants, but today… More

Teaching

The Constitution and the Migration of Slaves

The Yale Law Journal 78:2 (December 1968), 198–228; reprinted in Walter Berns, In Defense of Liberal Democracy (Regnery Gateway, 1984).
Excerpt: Shortly after the adoption of the Constitution, the South came to see the power granted to Congress to regulate commerce as a major threat to its domestic tranquility, for this… More

Affirmative Action vs. the Declaration of Independence

New Perspectives 16:1 (Summer 1984).
Abstract: Reverse discrimination is an effect of affirmative action that cannot be overlooked: it is discriminatory and it has victims. If laws may be used to discriminate against Whites,… More

Taking the Constitution Seriously

Crisis, June 1, 1987.
Excerpt: Unlike the first federal judges, whose formal legal education was likely to have been very limited indeed — John Marshall was largely self-educated in the law and John Jay, the… More

Equality as a Constitutional Concept

Maryland Law Review 44 (Fall 1987).
Excerpt: I begin by setting the stage for a question. I then ask it. Put yourself in the position of a delegate to the Constitutional Convention in Philadelphia in 1787. You are an… More

Peers and Peremptory Challenges

Race and the Criminal Justice System: How Race Affects Jury Trials, Gerald A. Reynolds, ed. (Washington, DC: The Center for Equal Opportunity, 1996).
Abstract: An introductory paper notes that throughout most of American history a white-dominated justice system, including juries, has discriminated against black defendants, but today… More