The web log for Prof. Duncan's Constitutional Law Classes at Nebraska Law-- "[U]nder our Constitution there can be no such thing as either a creditor or a debtor race. That concept is alien to the Constitution's focus upon the individual. In the eyes of government, we are just one race here. It is American. " -----Justice Antonin Scalia If you allow the government to take your liberty during times of crisis, it will create a crisis whenever it wishes to take your liberty.
Monday, November 26, 2018
Racial Affirmative Action Preferences
Here, I think, is the nub of the debate--one side reasonably believes that the only way to get "beyond race" is to take race into account for a period of time (a generation or two or three); and the other side reasonably believes that the only way to get "beyond race" is to stop using race as a factor in distributing governmental burdens and benefits.
There are benefits and costs to both approaches, and perhaps we don't agree on how to weigh the costs and benefits.
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Jack Phillips of Masterpiece Cakeshop (art by Joshua Duncan) "We may not shelter in place when the C...
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I. Tinker A student's right to speak (even on controversial subjects such as war) in the cafeteria, the playing field, or "on the...
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Welcome to the First Amendment course, a course that examines the First Amendment in quite a bit of depth. For our first two classes of F...