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No: you can't have excellence without equality

Article Abstract:

Equality before the law is entirely compatible with a hierarchy of merit. Natural inequality has had some well-known defenders throughout history. Aristotle thought that gender differences justified men's rule over women and that some people were naturally slaves. More recently, Allan Bloom defended intellectual merit as a basis for a natural hierarchy. People must acknowledge that social obstacles to advancement exist and work to remove them so that there will be true equality.

Author: Tushnet, Mark V.
Publisher: American Bar Association
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1996

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New meaning for the First Amendment: free speech may be seen as a tool for protecting those in power

Article Abstract:

The First Amendment's guarantees of free speech have become a means for protecting the privileges of power, as seen in recent commercial-speech decisions. Most such cases involve conflicts betwen the state and civil society, in which the court comes down on the civil rather than the political side. It is in many ways an aspect of the judicial restraint judicial activism debate, but it presently favors the forces restricting liberty rather than those opposing them.

Author: Tushnet, Mark V.
Publisher: American Bar Association
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1995
Cases, Freedom of speech, Commercial speech doctrine

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Yes: the passion for equality denigrates American life

Article Abstract:

Individuals should admit they are different and that some are blessed with superior intelligence, even though such a statement is not politically correct. The passion for equality leads to the ability to claim victim status. There is an infinite number of groups who can claim such status. With the Declaration of Independence equality became the most powerful ideological force in the country's history but from the beginning its ambiguity invited continued expansion.

Author: Bork, Robert H.
Publisher: American Bar Association
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1996

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Subjects list: United States, Analysis, Equality before the law, Equal protection, Affirmative action
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