Problems with minimalism.(Looking Backward, Looking Forward: The Legacy of Chief Justice Rehnquist and Justice O'Connor)

From: Stanford Law Review | Date: April 1, 2006| Author: | Copyright information

 
INTRODUCTION 
I. AFFIRMATIVE ACTION, RULES, AND TRANSPARENCY 
II. RULES, STANDARDS, AND MINIMALISM 
     A. Minimalism and Its Discontents 
     B. The Case for Rules? 
         1. In defense of rules 
         2. Meta-questions 
         3. Minimalism's domain 
III. DEMOCRACY 
CONCLUSION

INTRODUCTION

Consider two admissions programs:

* Program A gives a specified number of points to every African-American applicant. More particularly, every such applicant receives ten points, simply by virtue of being African-American. Ten points are not trivial, but they are far from ...

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