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Implementation

Jeffrey Brand-Ballard

in Limits of Legality: The Ethics of Lawless Judging

Published in print:
2010
Published Online:
September 2010
ISBN:
9780195342291
eISBN:
9780199867011
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195342291.003.0016
Subject:
Philosophy, Political Philosophy

This chapter addresses two basic questions about implementing selective optimization: (1) to what extent should judges disclose or conceal the fact that they selectively optimize, and (2) are judges ... More


Equal Protection and Invidious Intent

in The Gay Rights Question in Contemporary American Law

Published in print:
2002
Published Online:
March 2013
ISBN:
9780226451008
eISBN:
9780226451039
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226451039.003.0002
Subject:
Law, Constitutional and Administrative Law

Laws that discriminate against gays will always be demonstrably rational, because such laws will always further the state's legitimate moral objection to homosexual sodomy. Thus teaches Bowers v. ... More


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