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文章基本信息

  • 标题:Identifying the Harm in Racial Gerrymandering Claims
  • 本地全文:下载
  • 作者:Issacharoff, Samuel ; Goldstein, Thomas C.
  • 期刊名称:Michigan Journal of Race and Law
  • 印刷版ISSN:1095-2721
  • 出版年度:1996
  • 卷号:1
  • 期号:1
  • 页码:47-68
  • 出版社:University of Michigan Law School
  • 摘要:This Article proceeds along two lines. First, it reviews the theories of harm set forth in the Justices' various opinions, i.e., the articulated risks to individual rights that may or may not be presented by racial gerrymandering. What is learned from this survey is that Shaw and its progeny serve different purposes for different members of the Court. Four members of the Shaw, Miller v. Johnson, and United States v. Hays majorities-Chief Justice Rehnquist, along with Justices Scalia, Kennedy, and Thomas- are far more concerned with "race" than "gerrymandering." In particular, they consider all race-based government classifications to be inherently injurious, and they appear to view the racial gerrymandering cases as a vehicle for moving the Court's interpretation of the Fourteenth Amendment closer to the ideal of "colorblindness.”
  • 关键词:Injuries; Racial discrimination; Discrimination; Gerrymandering; Congressional districts; Voting; Shaw v. Reno; United States Supreme Court; Race and law; Redistricting
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