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Controversies In Equal Protection Cases In America

Author: Anne Richardson Oakes
Publisher: Routledge
ISBN: 1317160061
Size: 70.69 MB
Format: PDF
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This collection engages with current issues on equal protection in the USA, as seen from the perspectives of leading academics in this area. Contributors with a range of perspectives interrogate the legal, theoretical and factual assumptions which shape case law and consider the extent to which they satisfactorily address contemporary concerns with social hierarchies and norms. Divided into five parts, the study focusses on the connections between equal protection jurisprudence, discrimination in its contemporary manifestations, the implications of identity politics and the moral and political conceptualizations of equality that represent the parameters of debate. Drawing on historical analysis and disciplinary insights of the social sciences, the book bridges the gap between theory and practice. The themes presented and analyses developed are among some of the most contentious currently in America, and will be of interest not just to lawyers and legal academics, but also to inter-disciplinary social science researchers, including sociologists, economists and political scientists.

The United States Supreme Court S Assault On The Constitution Democracy And The Rule Of Law

Author: Adam Lamparello
Publisher: Taylor & Francis
ISBN: 1315407779
Size: 17.95 MB
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This book argues that the judiciary, particularly the Supreme Court, should embrace an interpretive framework that promotes equal participation in the democratic process, fosters accountability, and facilitates robust public discourse among citizens of all backgrounds. The authors propose a solution that strives to restore integrity to the Court's decision-making process by eschewing ideology and a focus on the utility of outcomes in favor of an intellectually honest jurisprudence that gives all citizens a meaningful voice in governance. The authors propose a comprehensive solution that should inform the Justices' judicial philosophies, regardless of ideology, and strive to promote an equal and participatory democracy. The final chapter offers concluding thoughts and argues that a healthy democracy is the foundation upon which equality rests, and that a collective view of rights is the path by which to restore liberty for all citizens.

Controversies In American Federalism And Public Policy

Author: Christopher P. Banks
Publisher: Routledge
ISBN: 1351713388
Size: 74.43 MB
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This interdisciplinary collection presents a scholarly treatment of how the constitutional politics of federalism affect governments and citizens, offering an accessible yet comprehensive analysis of the U.S. Supreme Court’s federalism jurisprudence and its effect on the development of national and state policies in key areas of constitutional jurisprudence. The contributors address the impact that Supreme Court federalism precedents have in setting the parameters of national law and policies that the states are often bound to respect under constitutional law, including those that relate to the scope and application of gun rights, LGBT freedoms, health care administration, anti-terrorism initiatives, capital punishment, immigration and environmental regulation, the legalization of marijuana and voting rights. Uniting scholarship in law, political science, criminology, and public administration, the chapters study the themes, principles, and politics that traditionally have been at the center of federalism research across different academic disciplines. They look at the origins, nature and effect of dual and cooperative federalism, presidential powers and administrative regulation, state sovereignty and states’ rights, judicial federalism and the advocacy of organized interests.

Scientific Evidence And Equal Protection Of The Law

Author: Angelo Ancheta
Publisher: Rutgers University Press
ISBN: 0813539315
Size: 37.83 MB
Format: PDF, Kindle
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Scientific and social scientific evidence has informed judicial decisions and the making of constitutional law for decades, but for much of U.S. history it has also served as a rhetorical device to justify inequality. It is only in recent years that scientific and statistical research has helped redress discrimination—but not without controversy. Scientific Evidence and Equal Protection of the Law provides unique insights into the judicial process and scientific inquiry by examining major decisions of the U.S. Supreme Court, civil rights advocacy, and the nature of science itself. Angelo Ancheta discusses leading equal protection cases such as Brown v. Board of Education and recent litigation involving race-related affirmative action, gender inequality, and discrimination based on sexual orientation. He also examines less prominent, but equally compelling cases, including McCleskey v. Kemp, which involved statistical evidence that a state’s death penalty was disproportionately used when victims were white and defendants were black, and Castaneda v. Partida, which established key standards of evidence in addressing the exclusion of Latinos from grand jury service. For each case, Ancheta explores the tensions between scientific findings and constitutional values.

Playing It Safe

Author: Lisa Kloppenberg
Publisher: NYU Press
ISBN: 9780814747407
Size: 15.85 MB
Format: PDF
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It is one of the unspoken truths of the American judicial system that courts go out of their way to avoid having to decide important and controversial issues. Even the Supreme Court from which the entire nation seeks guidance frequently engages in transparent tactics to avoid difficult, politically sensitive cases. The Court's reliance on avoidance has been inconsistent and at times politically motivated. For example, liberal New Deal Justices, responding to the activism of a conservative Court, promoted deference to Congress and the presidency to protect the Court from political pressure. Likewise, as the Warren Court recognized new constitutional rights, conservative judges and critics praised avoidance as a foundational rule of judicial restraint. And as conservative Justices have constituted the majority on the Court in recent years, many liberals and moderates have urged avoidance, for fear of disagreeable verdicts. By sharing the stories of litigants who struggled unsuccessfully to raise before the Supreme Court constitutional matters of the utmost importance from the 1970s-1990s, Playing it Safe argues that judges who fail to exercise their power in hard cases in effect abdicate their constitutional responsibility when it is needed most, and in so doing betray their commitment to neutrality. Lisa Kloppenberg demonstrates how the Court often avoids socially sensitive cases, such as those involving racial and ethnic discrimination, gender inequalities, abortion restrictions, sexual orientation discrimination, and environmental abuses. In the process, the Court ducks its responsibility to check the more politically responsive branches of government when "majority rule" pushes the boundaries of constitutional law. The Court has not used these malleable doctrines evenhandedly: it has actively shielded states from liability and national oversight, and aggressively expanded standing requirements to limit the role of federal courts.

Equal Protection

Author: Francis Graham Lee
Publisher: ABC-CLIO
ISBN: 1576078507
Size: 32.72 MB
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Explores the legal right to equality in the United States based on the United States Constitution, covering such topics as race and gender equality, slavery, and segregation.

American Government

Author: Neal R. Tannahill
Publisher: Longman Publishing Group
ISBN: 9780321005052
Size: 77.41 MB
Format: PDF, ePub, Docs
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In a brief, paperback format, this book combines broad coverage of American politics with thorough coverage of policy areas. Each chapter includes an exercise in using the Internet for research and a learning activity designed to allow students to apply what they have learned.

Sex Gender Outsiders Hate Speech And Freedom Of Expression

Author: Martha T. Zingo
Publisher: Greenwood Publishing Group
ISBN: 9780275952495
Size: 40.14 MB
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The author examines the conflicts inherent in restricting hate speech - controversial speech codes - and freedom of expression as it affects the lives and rights of gay men and women. Following an overview she explores how the law has evolved on these issues and reviews the Supreme Court's rulings.

The New Oxford Companion To Law

Author: Peter Cane
Publisher: Oxford University Press, USA
ISBN:
Size: 69.20 MB
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For any reader needing a concise explanation of a subject in law The New Oxford Companion to Law is the ideal reference work. Providing greater depth than legal dictionaries but always accessible to the non-expert, entries in the Companion cover all areas of law and legal systems and are extensively cross-referenced for ease of navigation.