Question
Hypothetical: new state law passed prohibiting preferential treatment based on race, gender, and ethnicity. State Board of Education had previously adopted a New History Curriculum
Hypothetical: new state law passed prohibiting preferential treatment based on race, gender, and ethnicity. State Board of Education had previously adopted a "New History Curriculum" whereby all American history courses must contain coverage of Black history, Native American history, Chinese history, and Feminine history. Supporters of the new state law filed a lawsuit claiming that the Board's "New History Curriculum" violates the new state law because it mandates preferential treatment.Those opposed filed a lawsuit that it violates law violates the equal protection rights of the minority groups because it forbids equal coverage of minority groups.
Question: How would a judge who uses the Legal Realism perspective approach the resolution of the legal dispute? Discussing both sides of the dispute, explain how the Christian doctrine of Justice, contributes to the resolution of this particular legal dispute, as well as disputes and conflicts in general.
How does Legal Realism perspective resolve the issue of whether or not (and perhaps how) to implement this "New History Curriculum." New History Curriculum" has currently been in place for 6 months.
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