Equal Protection Clause: Historical Meaning and Normative Function

May 4, 2007 (posted by ElektroMoose)

Derek Black of Howard University School of Law just published an interesting article,The Contradiction Between Equal Protection’s Meaning And Its Legal Substance: How Deliberate Indifference Can Cure It, 15 Wm. & Mary Bill Rts. J. 533 (2006), that examines the legislative intent behind the 14th Amendment and how the current “intent doctrine” strays from the original purpose of the amendment. Worth a read for fans for legal history or constitutional scholarship.

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