Equality’s Understudies

18 Pages Posted: 9 May 2019 Last revised: 3 Aug 2019

See all articles by Aziz Z. Huq

Aziz Z. Huq

University of Chicago - Law School

Date Written: April 25, 2019

Abstract

Robert L. Tsai’s Practical Equality: Forging Justice in a Divided Nation proposes to discard equality as an otiose criterion for legal and political strategy. The idea is at once surprising and provocative. That it should come from a respected and accomplished progressive scholar is even more noteworthy. I critique Tsai’s claim by evaluating his use of equality and the adequacy of his proposed understudies. None of these understudies, I suggest, can do the salutary work Tsai hopes. In particular, I argue that the failures of human sympathy that consistently undermine the progressive equality project will equally puncture the proposed understudies. A final, brief conclusion reconsiders how equality might be analyzed and deployed as a regulative ideal in modern American politics and law notwithstanding Tsai's well-founded concerns.

Keywords: equal Protection; equality

Suggested Citation

Huq, Aziz Z., Equality’s Understudies (April 25, 2019). Michigan Law Review, Vol. 118, Forthcoming; U of Chicago, Public Law Working Paper No. 711. Available at SSRN: https://ssrn.com/abstract=3378113

Aziz Z. Huq (Contact Author)

University of Chicago - Law School ( email )

1111 E. 60th St.
Chicago, IL 60637
United States

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