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The focus on Civil Rights and the Supreme Court 1994 Term in this issue of the Howard Law Journal has one relatively consistent underlying theme-the role of federalist and anti-federalist arguments in the formulation of civil rights policy. As you might expect, there is not much dispute among the authors about the proper goals of civil rights law, for virtually every author in this issue is in one sense or another a traditionalist on policy... What separates the authors is their instrumentalist arguments; that is, how they would accomplish their goals...Some are traditional federalists, supporting the federal role for civil rights and lamenting any possible decline in federal power. Others have given up on the federal government and argue for a return to states' rights, or at least for a much diminished federal role in superintending state efforts to promote the traditional civil rights agenda.

Publication Citation

39 How. L.J. 615-632 (1996)