Guido Calabresi

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The Proper Role of Equality in Constitutional Adjudication: The Cathedral’s Missing Buttress

This Feature argues that constitutionally unenumerated yet nonetheless fundamental rights require judicial protection, but only from unequal infringements. Because these infringements often result from nondiscriminatory motives, particularly the desire for benefits without cost, current law doesn’t provide protection. This Feature explores a novel proposal for judicial protection for these rights.

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Introduction to the Collection

Most people in the mid-1960s thought the world was fine and headed in a comfortably liberal and unified direction. Charles Reich saw it differently.