Equal Protection: The Jurisprudence of Denial and Evasion

Authors

Donald E. Lively, University of Toledo
Stephen Plass, St. Thomas University College of LawFollow

Document Type

Article

Publication Title

American University Law Review

Abstract

This Article begins with a discussion of Supreme Court equal protection jurisprudence that regularly has denied, evaded, and accommodated racism and racial discrimination. It next demonstrates how the analytical methodology of avoidance persists as a central feature of modern review. Finally, the Article proposes a jurisprudential course of action that confronts racial realities and effectively accounts for minority interests consistent with societal traditions and expectations.

First Page

1307

Last Page

1355

Publication Date

1991

Recommended Citation

Donald E. Lively & Stephen Plass, Equal Protection: The Jurisprudence of Denial and Evasion, 40 AM. U. L. REV. 1307 (1991).