Download or read book A Legal Analysis of the Equal Protection Clause of the Fourteenth Amendment and Its Impact on Ballot Initiatives and Affirmative Action Programs in Higher Education written by Harold Davon Waters and published by . This book was released on 2012 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Banning the Use of Racial Preferences in Higher Education written by Jody Feder and published by . This book was released on 2013 with total page 6 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report reviews the case of Schuette v. Coalition to Defend Affirmative Action, which the Supreme Court will review during the upcoming term. Unlike earlier rulings in which the Court considered whether it is constitutional for a state to use racial preferences in higher education, the new case raises the question of whether it is constitutional for a state to ban such preferences in higher education.
Download or read book Controversies in Equal Protection Cases in America written by Anne Richardson Oakes and published by Routledge. This book was released on 2016-03-03 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Equal Protection Clause an Individual Right to Equal Protection of the Law written by Basil Ray Legg and published by . This book was released on 2011 with total page 118 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The 14th Amendment to the United States Constitution provides an individual right for each person to equal treatment by state and local governments without regard to race. Programs such as affirmative action and theories of liability such as disparate impact violate that protection by permitting or requiring state and local governments to take race into account as a basis for differential treatment. Past and present efforts by the Supreme Court to circumvent the equal protection clause, whether in the name of segregation or affirmative action and disparate impact, have impeded racial progress and often made the nation's race relations much worse"--Abstract, p. iv.
Download or read book The Fourteenth Amendment and the States written by Charles Wallace Collins and published by . This book was released on 1912 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Equal Protection written by David L. Hudson Jr. and published by Bloomsbury Publishing USA. This book was released on 2018-06-08 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book uses primary sources to closely examine the Equal Protection Clause of the Fourteenth Amendment and to show how legal interpretations of it have had a profound impact on American life as we know it. The Fourteenth Amendment addresses many aspects of American citizenship, including the rights of citizens. The most commonly used—and frequently litigated—phrase in the amendment is "equal protection of the laws." This phrase has figured prominently in a plethora of landmark cases in U.S. history dealing with a variety of issues, including Brown v. Board of Education (racial discrimination), Roe v. Wade (reproductive rights), Bush v. Gore (election recounts), Reed v. Reed (gender discrimination), University of California v. Bakke (racial quotas in college admissions), and Obergefell v. Hodges (gay marriage). This book closely examines the history and development of the Equal Protection Clause and details the many ways in which it has shaped U.S. history. Selections show how the equal protection clause came into being in the post-Civil War era; feature seminal Supreme Court decisions on the nature and extent of applications of the equal protection clause in American life and law through the years; and include documents that consider the impact that the equal protection clause has had and may have on American society in the 21st century.
Download or read book Summary of Hearings Before the Senate Subcommittee on the Constitution on the Impact of the Proposed Equal Rights Amendment written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution and published by . This book was released on 1985 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Concurring Opinion written by Arnold Johnson Lien and published by . This book was released on 1957 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Original Meaning of the Fourteenth Amendment written by Randy E. Barnett and published by Harvard University Press. This book was released on 2021-11-02 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Federalist Notable Book “An important contribution to our understanding of the 14th Amendment.” —Wall Street Journal “By any standard an important contribution...A must-read.” —National Review “The most detailed legal history to date of the constitutional amendment that changed American law more than any before or since...The corpus of legal scholarship is richer for it.” —Washington Examiner Adopted in 1868, the Fourteenth Amendment profoundly changed the Constitution, giving the federal judiciary and Congress new powers to protect the fundamental rights of individuals from being violated by the states. Yet, the Supreme Court has long misunderstood or ignored the original meaning of its key Section I clauses. Barnett and Bernick contend that the Fourteenth Amendment must be understood as the culmination of decades of debate about the meaning of the antebellum Constitution. In the course of this debate, antislavery advocates advanced arguments informed by natural rights, the Declaration of Independence, and the common law, as well as what is today called public-meaning originalism. The authors show how these arguments and the principles of the Declaration in particular eventually came to modify the Constitution. They also propose workable doctrines for implementing the amendment’s key provisions covering the privileges and immunities of citizenship, due process, and equal protection under the law.
Download or read book Enforcing the Equal Protection Clause written by William D. Araiza and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "For over a century, Congress's power to enforce the Fourteenth Amendment's guarantee of "the equal protection of the laws" has presented judges and scholars with a puzzle. What does it mean for Congress to "enforce" such a wide-ranging, open-ended provision when the Supreme Court has insisted on its own superiority in interpreting the Fourteenth Amendment? In Enforcing the Equal Protection Clause, William D. Araiza offers a unique understanding of Congress's enforcement power and its relationship to the Court's claim to supremacy when interpreting the Constitution. Drawing on the history of American thinking about equality in the decades before and after the Civil War, Araiza argues that congressional enforcement and judicial supremacy can co-exist, but only if the Court limits its role to ensuring that enforcement legislation reasonably promotes the core meaning of the Equal Protection Clause. Much of the Court's equal protection jurisprudence stops short of stating such core meaning, thus leaving Congress free (subject to appropriate judicial checks) to enforce the full scope of the constitutional guarantee. Araiza's thesis reconciles the Supreme Court's ultimate role in interpreting the Constitution with Congress's superior capacity to transform the Fourteenth Amendment's majestic principles into living reality. The Fourteenth Amendment's Enforcement Clause raises difficult issues of separation of powers, federalism, and constitutional rights. Araiza illuminates each of these in this scholarly, timely work that is both intellectually rigorous but also accessible to non-specialist readers."--Publisher's description.
Download or read book The Law of Higher Education 5th Edition written by William A. Kaplin and published by John Wiley & Sons. This book was released on 2013-12-23 with total page 979 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on the fifth edition of Kaplin and Lee’s indispensable guide to the law that bears on the conduct of higher education, The Law of Higher Education, Fifth Edition: Student Version provides an up-to-date textbook, reference, and guide for coursework in higher education law and programs preparing higher education administrators for leadership roles. The Student Version includes the materials from the full fifth edition that most relate to student interests and are most suitable for classroom instruction. For example: The evolution of higher education law and governance Legal planning and dispute resolution The relationship between law and policy Faculty and staff employment issues, including collective bargaining Academic freedom for faculty and students Copyright basics The contract rights of students Legal issues in online education The rights of students and faculty with disabilities Campus issues: safety, registered sex offenders, racial and sexual harassment, student suicide, campus computer networks, searches of students’ residence hall rooms Hate speech and freedom of speech, including the rights of faculty and students in public universities Student organizations’ rights, responsibilities, and activities fees Governmental support for religious institutions and religious autonomy rights of individuals in public institutions Nondiscrimination and affirmative action in employment, admissions, and financial aid Athletics and Title IX FERPA (Family Educational Rights and Privacy Act) Each chapter is introduced with an overview of key terms and ideas the students will encounter. In addition, the book includes a general introduction to the study of higher education law, a glossary of key legal terms, and appendices for non-law students on the American court system and on how to read court opinions. The authors have also prepared a volume of teaching materials keyed to the Student Version, available from the National Association of College and University Attorneys (NACUA). In addition, the authors will periodically update the Student Version by posting recent developments on a Web site hosted by NACUA.
Download or read book The Law of Higher Education Student Version written by William A. Kaplin and published by John Wiley & Sons. This book was released on 2020-02-25 with total page 1025 pages. Available in PDF, EPUB and Kindle. Book excerpt: A single-volume text that distills information for students Based on the sixth edition of Kaplin and Lee’s indispensable guide to the law that bears on the conduct of higher education, The Law of Higher Education, Sixth Edition: Student Version provides an up-to-date reference and guide for coursework in higher education law and programs preparing law students and higher education administrators for leadership roles. This student edition discusses the most significant areas of the law for college and university attorneys and administrators. Each chapter is introduced by a discussion of key terms and topics the students will encounter, and the book includes materials from the full sixth edition that are most relevant to student interests and classroom instruction. It also contains a “crosswalk” that keys sections of the Student Edition to counterpart sections of the two-volume treatise. Complements the full version Includes a glossary of legal terms and an appendix on how to read legal material for students without legal training Discusses key terms in each chapter Concentrates on key topics students will need to know This is fundamental reading for law students preparing for careers in higher education law and for graduate students in higher education administration programs.
Download or read book The Law of Higher Education written by William A. Kaplin and published by John Wiley & Sons. This book was released on 2019-04-05 with total page 1873 pages. Available in PDF, EPUB and Kindle. Book excerpt: Your must-have resource on the law of higher education Written by recognized experts in the field, the latest edition of The Law of Higher Education offers college administrators, legal counsel, and researchers with the most up-to-date, comprehensive coverage of the legal implications of administrative decision making. In the increasingly litigious environment of higher education, William A. Kaplin and Barbara A. Lee's clear, cogent, and contextualized legal guide proves more and more indispensable every year. Two new authors, Neal H. Hutchens and Jacob H Rooksby, have joined the Kaplin and Lee team to provide additional coverage of important developments in higher education law. From hate speech to student suicide, from intellectual property developments to issues involving FERPA, this comprehensive resource helps ensure you're ready for anything that may come your way. Includes new material since publication of the previous edition Covers Title IX developments and intellectual property Explores new protections for gay and transgender students and employees Delves into free speech rights of faculty and students in public universities Expands the discussion of faculty academic freedom, student academic freedom, and institutional academic freedom If this book isn't on your shelf, it needs to be.
Download or read book The Law of Higher Education 2 Volumes written by William A. Kaplin and published by John Wiley & Sons. This book was released on 2006-12-13 with total page 1789 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fourth edition of the indispensable guide to the laws that bear on the conduct of higher education provides a revised and up-to-date reference, research source, and guide for administrators, attorneys, and researchers. The book is also widely used as a text for graduate courses on higher education law in programs preparing higher education administrators for leadership roles. This new edition includes new and expanded sections on laws related to: * religious issues * alternative dispute resolution * the college and its employees * collective bargaining at religious and private colleges * whistleblower and other employee protections * personal liability of employees * nondiscrimination and affirmative action in employment * campus technology and computer networks * disabilities * student academic freedom * freedom of speech and hate speech * student organizations' rights, responsibilities, and activities fees * athletes' rights * USA patriot act and immigration status * public institutions and zoning regulations * regulation of research * coverage of retaliatory and extraterritorial acts * federal civil rights statues
Download or read book State Action and Private Higher Education written by Thomas Sidney Yow and published by . This book was released on 1982 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Fourteenth Amendment written by David L. Hudson and published by Enslow Publishing. This book was released on 2002 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the significance of the Fourtheenth Amendment through the country's history and legal cases and discusses why there was a need for this amendment, how it was created, and fully explains the major sections and clauses.
Download or read book A Lawyer Looks at the Equal Rights Amendment written by Rex E. Lee and published by . This book was released on 1980 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt:
