Jun 15, 2018
Harvard currently faces a lawsuit alleging discrimination against Asian Americans, and the facts reveal the divisiveness of counting by race.
Ekins skillfully defends the ancient idea that a legislature can intend to change law, and the job of courts is to give effect to that intent. The law created by a statute is not merely the assemblage of signs of which the text is constituted. Rather, law is the set of propositions to which the text points. Positive law is a reason for the actions of judges (and others) even when the text by itself is not fully determinate.
Harvard currently faces a lawsuit alleging discrimination against Asian Americans, and the facts reveal the divisiveness of counting by race.