Abstract
This article examines the difference dilemma in the United States Supreme Court. The difference dilemma is the condition in which inequality can be created by treating people either symmetrically or asymmetrically. The opinions of the justices on the Court illustrate how the justices are all caught in the dilemma and shift between symmetrical and asymmetrical solutions without explanation. Rather than choose either symmetry or asymmetry, recent cases in the Supreme Court show how we can use the existence of the difference dilemma as an indication of oppression, and try to alleviate that oppression by employing both symmetry and asymmetry simultaneously.
How to Cite
36 Ariz. L. Rev. 973 (1994)
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